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HomeMy WebLinkAboutC-2755 - Joint Agreement; Operation, Maintenance & Financial Management of the Orange County 800 Megahertz Countywide Coordinated Communications SystemAMENDMENT TO JOINT AGREEMENT FOR THE OPERATION, MAINTENANCE AND FINANCIAL MANAGEMENT OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM THIS AMENDMENT ("Amendment") is entered into on 'z ` 1 2015 by and between the Parties listed on Exhibit A, attached hereto, which are sometimes individually referred to as "Party" or collectively referred to as the "Parties." RECITALS A. On November 23, 2004, the Parties executed that certain document entitled Joint Agreement for the Operation, Maintenance and Financial Management of the Orange County 800 Megahertz Countywide Coordinated Communications System ("Agreement"), which provides for the management and governance of the 800 MHz Countywide Coordinated Communications System ("800 MHz CCCS"). B. The 800 MHz CCCS requires significant enhancement in order to extend the life of the system. C. Pursuant to Section 15.10 of the Agreement, the Governance Committee and the County have developed a long-range implementation plan to extend the CCCS, and have developed a scope of work, which includes all the activities, infrastructure and project schedule information for fiscal years 2014-19 described on Exhibit B, attached hereto ("System Extension"). D. The Governance Committee and County have also developed the overall estimated cost of the System Extension, including each Party's estimated funding share by fiscal year described on Exhibit C, attached hereto. E. A Party's funding plan for the System Extension may consist of one or more of the following: 1) a Party's cash contribution, 2) a Party or a group of Parties financing all or a portion of the System Extension through the issuance of tax exempt bonds or other public financing mechanisms, and/or 3) a Party or group of Parties financing all or a portion of the System Extension through the County approved System Extension vendor. F. The Parties desire to amend the Agreement to provide their commitment to the System Extension and describe their implementation and funding obligations. G. This Amendment has been approved by the Governance Committee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: Page 1 of 11 1. Implementation Obligations. The Parties hereby commit to fund and implement the System Extension as described on Exhibit B and Exhibit C. a. California Environmental Quality Act ("CEQA'). The County shall be the lead agency for purposes of CEQA and shall obtain all necessary approvals for the System Extension. b. Party Cost Share, The Parties intend to implement and fund the System Extension over several years beginning in fiscal year 2014-15 through fiscal year 2018-19. Each Party is responsible for its fair share contribution to the System Extension. The total estimated budget for the System Extension and each Party's fair share contribution is depicted on Exhibit C ("Cost Share"). A Party's Cost Share is determined by the number of subscriber radios used by the Party on the CCCS, as well as the Party's proportionate share of the System Extension dedicated to System Backbone. Each Party shall pay its total Cost Share in five fiscal year payments beginning in fiscal year 2014-15 through fiscal year 2018-19 in accordance with the procedures in Subsection (c) below. Each Party acknowledges that its Cost Share for the System Extension is an estimate and is expressed as a not to exceed amount. Each Party's Cost Share will be based on an actual quote by a third party vendor who will perform the System Extension under a contract or series of contracts approved and managed by the County ("Contractor"). A Party's actual Cost Share amount will be determined prior to the beginning of each fiscal year in which it is due and will be based on the Contractor's scope of work for the respective fiscal year. Therefore, the Cost Share depicted on Exhibit C may change, and may be periodically updated by the Parties to reflect any changed equipment or authorized System Extension modification expenses. C. Invoicing & Pa ie. The County will calculate the actual Cost Share amount due the following fiscal year, and will invoice each Party by July 1. Each Party shall pay its respective Cost Share to the County within thirty (30) days of the start of the fiscal year. A Party is exempt from the payment procedures of this Subsection Lc for the relevant fiscal year if it has: i. Executed a binding agreement with the County approved Contractor, agreeing to pay or finance its Cost Share through the Contractor directly, or ii. Executed a binding agreement with the County agreeing to jointly finance its Cost Share. d. Cost Share Responsibility. Upon execution of this Amendment, each Party is responsible for its actual Cost Share regardless of the form and manner of payment described herein, such that the Party cannot terminate its Cost Share obligation for any reason. In the event of a withdrawal from the system in accordance with Section 20 of the Agreement or in the case of a default for failure to pay its Cost Share in accordance with this Amendment, each Party remains obligated to pay to County the Party's outstanding Cost Share as that obligation becomes due. Should any Party fail to pay its respective Cost Share when due, the County shall take action as is appropriate to obtain such payment. Nothing herein shall be construed as the County's exclusive remedy for the remediation of defaults by a Party or Parties, Page 2 of 11 and the County reserves the right to pursue any and all available rights and remedies at law or in equity. e. County Trust Account. The County shall deposit all Cost Share contributions into a trust account that is managed solely for the purpose of the System Extension. 2. System Extension Administration. The Orange County Sheriff -Coroner Department/Communications & Technology Division shall administer all agreements for the System Extension, and regularly report such progress to the Governance Committee. 3. Participating Agencies. The Parties hereby update the list of Participating Agencies described on Exhibit D, attached hereto, which shall replace in its entirety Exhibit D of the Agreement. Participating Agencies will continue to contribute to overall backbone costs through the payment of a separate and established entry fee for every radio added to the system. 4. Capitalized Terms. Any capitalized terms not defined herein shall have the meanings set forth in the Agreement. 5. Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. 6. Full Force. Except as expressly set forth herein, the Agreement shall remain unmodified and in full force and effect. Page 3 of 11 IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first written above. THE COUNTY GyORA OE, a political subdivii Wt/f ,8tate of California By: i Chairma of t e Bo4rcyof Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CH R N OF E BOARD By: Clerk of the Board of Supervisors County of Orange, California APPROVED AS TO FORM: COUNTY COUNSEL By: V0 [CITY SIGNATURE BLOCKS TO BE INSERTED] Page 4 of 11 IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first written above. THE COUNTY OF ORANGE, a political subdivision of the State of California By: Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD WE Clerk of the Board of Supervisors County of Orange, California APPROVED AS TO FORM: COUNTY COUNSEL APPROVED AS TO FORM: CITY ATTO NE 'S OFFICE Date: By: Aar n . Harp Cit orney 0 fol ATTEST: Date: a o-05' By: ko"'- Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: 'L ca N U) - , By: Edward D. Selich Mayor Page 4 of 11 EXHIBIT A PARTIES TO THE AMENDMENT Page 5 of 11 RESPONSIBLE ENTITY ADMINISTRATOR ADDRESS PHONE # Aliso Viejo City Manager 12 Journey, Suite 100 949!425-2512 Aliso Viejo, CA 92656-5335 Anaheim City Manager 200 S. Anaheim Blvd. 714/765-5162 Anaheim, CA 92805 Brea City Manager 1 Civic Center Circle 714/990-7770 Brea, CA 92821-5732 6650 Beach Blvd. Buena Park City Manager Buena Park, CA 90620 714/562-3550 Costa Mesa City Manager 77 Fair Drive 714/754-5328 Costa Mesa, CA 92626 Cypress City Manager 5275 Orange Avenue 714/229-6688 Cypress, CA 90630 33282 Golden Lantern, Suite 203 Dana Point City Manager Dana Point, CA 92629 949/248-3513 Fountain Valley City Manager 10200 Slater Avenue 714/593-4410 Fountain Valley, CA 92708 303 W. Commonwealth Ave Fullerton City Manager Fullerton, CA 92832 714/738-6310 Garden Grove City Manager 11222 Acacia Parkway 714/741-5100 Garden Grove, CA 92840 Huntington Beach City Administrator 2000 Main Street 714/536-5575 Huntington Beach, CA 92648 1 Civic Center Plaza Irvine City Manager Irvine, CA 92623-9575 949/724-6246 201 E. La Habra Blvd. La Habra City Manager 562/905-9701 La Habra, CA 90633 Page 5 of 11 Page 6 of 11 RESPONSIBLE ENTITY A DMINISTRATOR ADDRESS PHONE # La Palma City Manager 7822 Walker Street 714/690-3333 La Palma, CA 90623 Laguna Beach City Manager 505 Forest Avenue 949/497-0704 Laguna Beach, CA 92651 Laguna Hills City Manager 24035 El Toro Road 949/707-2610 Laguna Hills, CA 92653 Laguna Niguel City Manager 27801 La Paz Road 949/362-4300 Laguna Niguel, CA 92677 Laguna Woods City Manager 24264 El Toro Road 949/639-0525 Laguna Woods, CA 92653 Lake Forest City Manager 25550 Commercentre Drive 949/461-3410 Lake Forest, CA 92630 Los Alamitos City Manager 3191 Katella Avenue 562/431-3538 Los Alamitos, CA 90720 ext. 201 Metro Cities Fire 201 S. Anaheim Blvd. Suite 302 Authority Manager Anaheim, CA 92805 714/765-4077 200 Civic Center Mission Viejo City Manager 949!470-3051 Mission Viejo, CA 92691 Newport Beach City Manager 100 Civic Center Drive 949!644-3000 Newport Beach, CA 92660 300 East Chapman Ave. Orange City Manager 714/744-2222 Orange, CA 92866 Orange County Fire 1 Fire Authority Road Authority Fire Chief Irvine, CA 92602 714/573-6010 333 W. Santa Ana Blvd. Orange, County of CEO 714/834-6200 Santa Ana, CA 92701 Page 6 of 11 Page 7 of 11 RESPONSIBLE ENTITY ADMINISTRATOR ADDRESS PHONE # 401 East Chapman Ave Placentia City Administrator Placentia, CA 92870 714/993-8117 Rancho Santa City Manager 22112 EI Paseo 949/635-1800 Margarita Rancho Santa Margarita, CA 92688 ext. 210 100 Avenida Presidio San Clemente City Manager 949/361-8322 San Clemente, CA 92672 32400 Paseo Adelanto San Juan Capistrano City Administrator 949!443-6317 San Juan Capistrano, CA 92675 20 Civic Center Plaza Santa Ana City Manager 714/647-5200 Santa Ana, CA 92701 211 8th Street 562/431-2527 Seal Beach ' City Manager Seal Beach, CA 90740 ext. 300 7800 Katella Avenue 714/379-9222 Stanton City Manager Stanton, CA 90680-3162 ext. 240 300 Centennial Way Tustin City Manager .Tustin, CA 92780 714/573-3010 17855 Santiago Blvd. Villa Park City Manager 714/998-1500 Villa Park, CA 92861 West Cities Police West -Comm 911 Seal Beach Blvd. Communications Administrator Seal Beach, CA 90740 562/594-7243 8200 Westminster Blvd. 714/898-3311 Westminster City Manager Westminster, CA 92683 ext. 402 Yorba Linda City Manager 4845 Casa Loma Avenue 714/961-7110 Yorba Linda, CA 92886 Page 7 of 11 EXHIBIT B GENERAL DESCRIPTION OF SYSTEM EXTENSION AND PROJECT SCHEDULE 1.0 Overview The System Extension plan will focus on extending the life of the existing CCCS radio system by systematically replacing end -of -life equipment in strategic phases culminating in an upgrade to P25 compliance with the goal of continuing to provide quality radio communications to the law, fire, lifeguard and public works agencies in Orange County. 2.0 Description of System Extension 2.1 System Backbone — Radio infrastructure equipment that is at or near the end of its expected life will be directly replaced with the current version of the same equipment that will maintain all existing features and functionalities and is able to work with the existing backhaul network. Specifically, this will involve the replacement of 565•+ existing Quantar radio base stations and ancillary equipment at 25 radio sites with 800 MHz 3600 baud GTR8000 base stations and ancillary equipment. This will be accomplished in accordance with the following schedule: System Backbone schedule: Northwest Cell = 24 Quantars replaced in 2015 Southwest Cell = 40 Quantars replaced in 2015 Laguna Cell = 33 Quantars replaced in 2016 Moorhead IR Site = 8 Quantars replaced in 2016 North Cell = 105 Quantars replaced in 2016 South Cell = 135 Quantars replaced in 2017 Crystal Cove IR Site = 4 Quantars replaced in 2017 Countywide Cell = 210 Quantars replaced in 2017 Carbon Canyon IR Site = 3 Quantars replaced in 2017 Silverado IR Site = 3 Quantars replaced in 2017 2.2 Law Enforcement Dispatch Consoles — Police Dispatch Gold Elite consoles will be out -of -service by the vendor in 2018 and will need to be replaced prior to 2018 to maintain the existing console priority feature once the system is upgraded to P25. Console priority is a feature unique to law enforcement dispatch and allows dispatch to have the ability to transmit and receive audio simultaneously and is an officer safety necessity. Existing Gold Elite Console equipment will be replaced with its successor console, the MCC7500. Due to the complexity of the replacement at each law dispatch center, only 6 dispatch centers can be upgraded each year. A schedule has been developed to address the 20 law dispatch centers on the system, as shown below. Page 8 of 11 Console schedule: FY14/15 - Loma Ridge, Irvine, Laguna Beach, Huntington Beach FYI 5/16 - Anaheim, Brea, West Comm, Santa Ana, Tustin FYI 6/17 - Orange, Fullerton, Costa Mesa, Garden Grove, Westminster FY17/18 - Placentia, La Palma, Newport Beach, Fountain Valley, Buena Park, La Habra 2.3 System Field Equipment — When the System Backbone is upgraded to the P25 standard in FY 2018/2019, all subscriber radio equipment will also need to be P25 capable. Subscriber radios that are capable of being upgraded will need to receive the software/firmware upgrade prior to the backbone upgrade. Older subscriber radio equipment that is not capable of being upgraded to the P25 standard will need to be replaced prior to the P25 upgrade. Each agency will be responsible for the purchase of either replacement radios, or the necessary subscriber upgrade package for upgradable radios. 2.4 P25 Upgrade — When all backbone sites and law dispatch consoles have completed their equipment replacement, the vendor will initiate the necessary equipment and software update to bring the system up to the 7.18 software platform for P25 compliance. This final phase of the System Extension plan is scheduled for FY 2018/2019. Page 9 of 11 EXHIBIT C TOTAL ESTIMATED SYSTEM EXTENSION COST & ESTIMATED PARTY COST SHARE BY FISCAL YEAR (lI4G+VS 33%IhStAA'YeYt 3!P#VG. awmn, E%f?i 25NF.*(J 89 nR [O E[C4+G'Qit X`1YIrp, Sl1U"j%Ci$S- 1,,0 f;,w 5yst. des+fin. ' ftm remnmer9ed ihatthe PaMershiP Pa-o*�aa>z a fwlk equWmerrt purtlupe in FY i6-1 ]. Page 10 of 11 bN 2015 PY 1516 Raimo Counts t ' 3,"�'t}+`dAyerrcq dost , = ESTIMATED COST Partnership Cosi f31V/AGENCY s Upgm& Replace PP C -Fp I6pWa To ' HRB Somae P25 Nd Total Ca 19# E*pWht Raffia Esplpmenr FY 16-16 w a U0. C4ac FY16AY S & ontyw Caek FY 1718 Rems3N�p 8.06 TOTAL 1, 61I9GV o 11 21 32 $ - 3 QUM $ 7028 lumo S 43= 8 2. ANAHEIM 432 i.351 1763 1928869 86028.'0 391,545 1.054756 2429288 14407241 3, EREA 62 302 364 648,137 1,883,300 79.891 215329 495,936 3322593 4. BUENA PARK 76 258 334 569804 1,635,400 73276 197.582 455062 2,931.124 5. COSTAM 105 523 628 690,354 3,258.750 137,966 371.502 855,626 5,304,197 A' CYR m 24 170 194 0 1,047,6M 42604 114 763 261317 1 69285 7. DANAPOINT 15 64 0 3112`..0 14,054 37,860 87193 450.362 8. FoW A0j VALLEY 45 244 443290 1275750 54702 14]299 330253 2'60.294 P. FUI.Lemm 125 638 501417 3221,750 140141 377418 869250 5109976 10. 6M GROVE 115 590 364240 96 250 129608 349.023 803852 4633972 41. HUWINGTCN6EACH 452 i 72 1097.718 5.439,E 279.398 752469 1711.651 930'_'.436 12 fRJINE 111 614 432 3145,650 134.818 363220 836.551 4912509 73 K204 263 573.584 1.223,96D 57.8D9 155.581 358327 2.369,252 44. uPALMA 31 82 166901 341696 18008 48,508 111722 686]89 15.l GUNABEACH 85 332 526652 1579]5D 883 196 99 452337 2,828,021 18. LAG HI -LS 4 45 0 25060) 9875 26,620 61.311 348407 i] IAWU KIIGUa 9 64 0.340350 14081 37,860 B7198 479,489 1S. LACUNAWGOD6 2 6 0 26 300 i333 3.549 6175 39.354 21 88 0 4211,150 19,325 52,D58 119,507 617.429 ro. LCG ALAMnov f5 45 60 0 287250 13.176 35A94 81743 41760 21. ME1RCtrET 37 10 1 47 1 4966250 102550 10,3211 27,603 64,006 2170960 22 Mlw5 uVIE30 30 90 120 1 0 574.SDD 26366 70986 163,495 835.349 23.N Pow EEAC4 438 401 839 1 532,034 29097DO 1 49632 1143,105 5266.351 24, GRANGE 115 514 629 598012 3.216250 1 137,889 372,094 856.98-0 5181.233 25. FtACPNYA 30 107 137 413090 676560 I 30119 81,044 186,657 1387,410 2e. PANOH094TA MAFu, 7 aJ 38 D. 182.050 1 7,906 21,296 49,049 260.301 2', Son C.EMENiE 12 97 109 0 595800 1 23,931 MAW 148,508 832719 28. SAN JUAN CAISRtAw 6 33 39 0 ......204,900 I 8525 0,071 530M 289.632 20. SANCAANA 219 816 1037 591,620 5,159.850 227713 613451 1,412,672 8005,505 3P SEAL6 H 25 97 122 0 610.750 25844 7Z171 166,220 875985 31, SAWON 10 63 73 0 389.550 16,051 43.184 99.460 548,195 S2 TUSPN 81 243 324 483,266 1551150 71,126 191667 441,437 2738.646 33. vxtu PARD: 0 6 6 6 36000 1,318 3.549 8,175 49,D42 34. NEST-CG,BA 4 13 it 631052 '60 3733 16057 231) 750604 35. Yi�STM4N TER 73 274 347 549,621 1,=,950 76137 205.273 471774 3,G31,755 3e. xOR LM 35 62 97 0 412.'50 21,302 57.362 13,159 623.092 V. OCFA 950 863 1.813 3217.500 6.270.5[21 397622 1072.505 2.470.142 13.426269 38. OCTA 70 43 113 0 338,600 24,875 66,847 153.958 584.179 39 OCL GUARD 7 47 54 438,900 290,050 11,865 31,944 73,573 846,331 40. RvpeE YLLY. CLLG. PO 16 0 16 0 18,406 3,52T 9,465 21,799 53,192 41, 9At4TAANAGN1F.SD.PD 51 2 53 0 76651` 11,639 31,353 72,210 165,852 42. dtCSiiEEAO<=U FD 18 0 18 0 2D,760 3,953 10,648 24,524 59,825 Q. CEO 1 1 2 0 7,153 439 11831 2,725 11.497 44 OA 0 225 225 0 1,350-DDO 49.411 133.101' 306,564 i 839.067 45, HG 184 98 282 0 799,6LYt 61,804 166,621 384,214 1,412,439 4e, SNA 39 194 233 536.250 1--c8.853 51,175 137,834 317,463 51.563 47 CGANIMN_CONR30L 10 110 120 350000 671.550 ?6386 70.968 163495 1-282,369 4e. GOOPtLi PG+MT HAP9C"ei 0 13 13 0 78000 2,822 7640 17,712 106.225 49. Oc PARHS 131 248 1 379 1 0 1638.650 83,218 224..03 515.373 2,462,443 �. cCPN 10 469 419 0 2,825,M3 105 70 283.35S 652,619 3.666.748 51. OCwR 59 3 62 0 65,850 13.602 36.67] 84,473 220.502 52 PPDBA-CN 177 435 612 0Z813,550 134,695 362037 833.826 4,144.108 5. SHERIFF 857 1,9'.2 2779 1 442682912.51T550 610.825 1.641955 3.786-"80 987439 54. SSA1 19 0 19 1 21.850 4173 1114D 2 .847 6 .149 TOTAL - $ -4.1 52 4-44 11.905 S 25b22.127 (lI4G+VS 33%IhStAA'YeYt 3!P#VG. awmn, E%f?i 25NF.*(J 89 nR [O E[C4+G'Qit X`1YIrp, Sl1U"j%Ci$S- 1,,0 f;,w 5yst. des+fin. ' ftm remnmer9ed ihatthe PaMershiP Pa-o*�aa>z a fwlk equWmerrt purtlupe in FY i6-1 ]. Page 10 of 11 bN 2015 EXHIBIT D PARTICIPATING AGENCIES Page 11 of 11 RESPONSIBLE AGENCY' ADMINISTRATOR ADDRESS PHONE # Irvine Valley College Police Chief 5500 Irvine Center Drive, Irvine CA 949/451-5201 Police Department 92618 Orange County Administrator Transportation 600 S. Main Street, Orange CA 92868 714/560-6282 Authority Saddleback College 28000 Marguerite Parkway, Mission Police Department Police Chief Viejo CA 92692 949/582-4390 Santa Ana Unified Police Chief 1601 E. Chestnut Avenue, Santa Ana CA 714/558-5536 School District Police 92701 Department US Ocean Safety (OC 34127 Pacific Coast Highway, Dana Lifeguards) President Point CA 92629 949/276-5050 Page 11 of 11 0 • SHERIFF -CORONER DEPARTMENT COUNTY OF ORANGE CALIFORNIA MICHAEL S. CARONA SHERIFF -CORONER 800 MHz Countywide Coordinated Communications System GOVERNANCE COMMITTEE CHAIRMAN, Allan L. Roeder, City Manager, City of Costa Mesa VICE-CHAIRMAN, Michael S. Carona, Sheriff -Coroner Robert C. Dunek, City Manager, City of Lake Forest William A. Huston, City Manager, City of Tustin William Mahoney, Deputy CEO/Government and Public Services David Ream, City Manager, City of Santa Ana Bob Wilson, Director/Internal Services Function, Resources and Development Management Department August 2, 2005 To: Orange County City Managers From: Allan L. Roed Chairman 800 MHz Governance Committee Subject: 800 MHz CCCS Joint Agreement On February 1, 2005, the updated Joint Agreement for the Operation, Maintenance, and Financial Management of the Orange County. 800 MHz Countywide Coordinated Communications System (CCCS) was sent out to each city, the Orange County Fire Authority and the Orange County Transportation Authority for approval and signature. The agreement has now been approved by each entity. Attached for your records is a copy of the approved Joint Agreement and the signature pages from the 34 cities, Orange County Fire Authority and Orange County Transportation Authority. The original Joint Agreement and signature pages will be retained by the Clerk of the County Board of Supervisors. As a matter of record, we have also attached a copy of the fully executed Amendment to the Joint Agreement for the Implementation and Operation of the Orange County 800 MHz CCCS, which was approved in 2003. If you have any questions, kindly direct them to Susan Markey at (714) 704-7905. Thank you for your assistance in processing the agreements through your councils/boards. Attachment cc: City Clerks OCSDICOMMUNICATIONS, 840 N. ECKHOFF ST., STE. 104, ORANGE, CA 92868.1021 • • `'- vll JOINT AGREEMENT FOR THE OPERATION, MAINTENANCE, AND FINANCIAL MANAGEMENT OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM NOVEMBER 2004 Joint Agreement Nov232004 Final 0 0 TABLE OF CONTENTS I. SYSTEM...............................................................................................................................1 2. DEFINITION OF TERMS....................................................................................................2 3. OPERATIONAL POLICIES - LAW ENFORCEMENT SUBSYSTEM ............................3 4. OPERATIONAL POLICIES - FIRE SUBSYSTEM...........................................................3 5. OPERATIONAL POLICIES - LIFEGUARD SUBSYSTEM.............................................4 6. OPERATIONAL POLICIES - PUBLIC WORKS SUBSYSTEM......................................4 7. OPERATIONAL POLICY....................................................................................................4 8. OPERATIONAL POLICY REVIEW...................................................................................6 9. MUTUAL AID......................................................................................................................6 10. RELINQUISHING EXISTING OPERATING CHANNELS..............................................7 11. SYSTEM TECHNICAL MANAGEMENT..........................................................................8 12. SYSTEM MODIFICATION COST APPROVALS.............................................................9 13. CONTRACTS.....................................................................................................................10 14. EQUIPMENT FACILITIES AND STRUCTURES...........................................................11 15. SYSTEM MODIFICATIONS AND COST SHARING.....................................................11 16. ADDITIONAL PARTICIPATING AGENCIES/USERS OR CONSOLIDATION OF PARTICIPATING AGENCIES....................................................................................16 17. LIABILITY.........................................................................................................................18 18. GOVERNANCE COMMITTEE.........................................................................................18 19. AGREEMENT AMENDMENT PROCESS.......................................................................19 20. WITHDRAWAL FROM SYSTEM....................................................................................19 Joint Agreement Nov232004 Final 1i JOINT AGREEMENT FOR THE OPERATION, MAINTENANCE AND FINANCIAL MANAGEMENT OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM This Agreement is entered into on , 2005 by and between the Parties listed on Exhibit"A" which is attached hereto and incorporated herein. This Agreement replaces the 1996 Agreement as amended, and to the extent there is a conflict, this Agreement controls. Exhibit "A" identifies the Parties to the Agreement. Exhibit `B" identifies the Partner Agencies currently operating on the system. Exhibit "C" identifies the current Mutual Aid operations on the system as approved by the appropriate body (Orange County Chiefs of Police and Sheriffs Association [OCCOPSA], Orange County Fire Chiefs' Association [OCFCA], Orange County Public Works Committee [OCPWC], or Orange County Lifeguard Committee [OCLC]). Exhibit "D" identifies those Participating Agencies that have joined the system as everyday users but were not original Partners on the system. Partners and Participating Agencies on the 800 MHz CCCS are limited to public entities. RECITALS: Whereas, the initial installation and implementation of the 800 MHz Countywide Coordinated Communications System (800 MHz CCCS) has been completed; and, Whereas, the Parties to the Agreement want to define operational, technical and financial requirements and guidelines going forward; and, Now, Therefore, in consideration of the mutual covenants, conditions, agreements and stipulations hereinafter expressed, the Parties hereby agree as follows: SYSTEM The 800 MHz CCCS, hereinafter referred to as System, has been implemented in the County of Orange. Said System is described in Contract No. S0000015.95 for an 800 MHz CCCS, dated September 19, 1995, and related Amendments No. 1, 2, 3, 4, 5 and appropriate change orders. The Parties hereby designate Orange County Sheriff -Coroner Department (OCSD)/Communications Division as the "Lead Agency" in maintaining and enhancing the System. Joint Agreement Nov232004 Final Page 1 2. DEFINITION OF TERMS "Contract City" is defined as a city receiving law enforcement, lifeguard, public works or fire services from the County or any Partner Agency under the terms of a contract. "Fire Agency" is defined as, and shall include, all governmental Fire Agencies operating primarily within the limits of Orange County. "Governing Authority" is a City Council, County Board of Supervisors or Orange County Fire Authority Board of the Partner Agencies, responsible for approving cost modifications. Exhibit "A" provides a list of City, County, and Orange County Fire Authority administrators representing these bodies. "Law Enforcement Agency" is defined as all governmental Law Enforcement Agencies operating primarily within the limits of Orange County, as follows: Orange County Sheriff's Department, Orange County City Police Departments, Orange County District Attorney's Office, and Orange County Probation Department. "Lifeguard Agency" is defined as, and shall include, all governmental lifeguard agencies operating primarily within the limits of Orange County. "Mutual Aid Provider" is defined as any governmental or private organization, not otherwise defined in this Agreement, that has a legitimate Mutual Aid operational requirement with another Partner or Participating Agency. Guidelines for the approval of a mutual aid provider have been developed and are available to OCCOPSA, OCFCA, OCPWC and OCLC as needed. "Net" is defined as a group of Partner Agencies who operate a joint dispatch center, or a combination of radio dispatch talkgroups used by a fixed group of Partner Agencies. "New City" is defined as a city incorporated after the effective date of this Agreement. "Non-City/Non-County User" is defined as a special district, water district, sanitation district, or similar governmental or quasi -governmental agency. These are Participating Agencies. "Participating Agency" is any agency identified in Exhibit D that would not have a role in defining the operation of the 800 MHz CCCS, but would pay to join the system based on a predefined allocation. "Partner Agencies" are those agencies identified in Exhibit `B" that have joined the 800 MHz CCCS for everyday use since its original inception and are operating on the 800 MHz System. Joint Agreement Nov232004 Final Page 2 0 0 "Parties" are those public entities which are listed in Exhibit "A." "Public Works Agency" is defined as, and shall include, all County or City departments that perform public works functions, other than those defined as a Law Enforcement, Lifeguard or Fire Agency. Public Works Agencies include, but are not limited to, Public Works Departments, Municipal Utility Departments, and County agencies including Resources and Development Management Department, John Wayne Airport, Health Care Agency, and Integrated Waste Management Department, and public works functions within County operations such as the Transportation and Facilities Operations functions with the Sheriff's Department and Probation. "Subsystem" is defined as one of four operational subsystems that use common equipment, each in a similar way, but use different operational procedures. These are referred to as the Law Subsystem, the Fire Subsystem, the Lifeguard Subsystem and the Public Works Subsystem. "System Backbone" is defined as those portions of the System Backbone that provide the means by which dispatch centers and mobile radios communicate with each other, and is composed of radio infrastructure equipment, microwave equipment, and associated control equipment. "System Field Equipment" is defined as that portion of the System that uses the System Backbone for communications and consists of dispatch center equipment, mobile radios, and portable radios. 3. OPERATIONAL POLICIES — LAW ENFORCEMENT SUBSYSTEM The Orange County Chiefs of Police and Sheriffs Association (OCCOPSA) is an established organization composed of representatives from the Sheriff's Department, City Police Departments, District Attorney's Office and Probation Department. The OCCOPSA Communications Committee has been delegated by OCCOPSA the responsibility for operational policy development for the Law Enforcement Subsystem. Partner and Participating agencies agree that operational policy for the Law Enforcement Subsystem shall be developed by the OCCOPSA Communications Committee and ratified where appropriate by the OCCOPSA, in accordance with the terms and conditions of this Agreement. 4. OPERATIONAL POLICIES — FIRE SUBSYSTEM The Orange County Fire Chiefs' Association (OCFCA) is an established organization composed of representatives from the Orange County Fire Authority and City Fire Departments. The OCFCA Communications Committee has been delegated by OCFCA the responsibility for operational policy development for the Fire Subsystem. Partner and Participating agencies agree that operational policy for the Fire Subsystem shall be developed by the OCFCA Communications Joint Agreement Nov232004 Final Page 3 Committee and ratified where appropriate by the OCFCA, in accordance with the terms and conditions of this Agreement. 5. OPERATIONAL POLICIES — LIFEGUARD SUBSYSTEM The Orange County Lifeguard Committee (OCLC) is an established organization composed of representatives from the City and County Lifeguard Departments. The OCLC Communications Committee has been delegated by OCLC the responsibility for operational policy development for the Lifeguard System. Partner and Participating agencies agree that operational policy for the Lifeguard System shall be developed by the OCLC Communications Committee and ratified where appropriate by the OCLC, in accordance with the terms and conditions of this Agreement. 6. OPERATIONAL POLICIES — PUBLIC WORKS SUBSYSTEM The Orange County Public Works Committee (OCPWC) is an established organization composed of representatives from the City and County Public Works Departments. The OCPWC has been delegated the, responsibility for operational policy development for the Public Works Subsystem. Partner and Participating agencies agree that operational policy for the Public Works Subsystem shall be developed by OCPWC and ratified where appropriate, in accordance with the terms and conditions of this Agreement. 7.0 OPERATIONAL POLICY 7.1 Law Enforcement Subsystem The administration and ongoing development of the Law Enforcement Subsystem operational policy has been delegated to the OCCOPSA Communications Committee. That Committee reports to the OCCOPSA. Policies developed by OCCOPSA for the operations of the Law Enforcement Subsystem shall ensure that each participant is treated equitably and has sufficient communications capability to meet its legitimate needs. Any dispute between Partner and Participating Agencies over operational policies shall be reviewed by the OCCOPSA Communications Committee, and if not resolved, then reviewed by the OCCOPSA. Any unresolved dispute may be appealed to the Governance Committee for final decision. 7.2 Fire Subsystem The administration and ongoing development of the Fire Subsystem operational policy has been delegated to the OCFCA Communications Committee. That Committee reports to the OCFCA. Policies developed by OCFCA for the operations of the Fire Subsystem shall ensure that each participant is treated equitably and has sufficient communications capability to meet its legitimate needs. Any dispute between Partner and Participating Agencies over operational Joint Agreement Nov232004 Final Page 4 policies shall be reviewed by the OCFCA Communications Committee, and if not resolved, then reviewed by the OCFCA. Any unresolved dispute may be appealed to the Governance Committee for final decision. 7.3 Lifeguard Subsystem The administration and ongoing development of the Lifeguard Subsystem operational policy has been delegated to the OCLC Communications Committee. That Committee reports to the OCLC. Policies developed by OCLC for the operations of the Lifeguard Subsystem shall ensure that each participant is treated equitably and has sufficient communications capability to meet its legitimate needs. Any dispute between Partner and Participating Agencies over operational policies shall be reviewed by the OCLC Communications Committee, and if not resolved, then reviewed by the OCLC. Any unresolved dispute may be appealed to the Governance Committee for final decision. 7.4 Public Works Subsystem The administration and ongoing development of the Public Works Subsystem operational policy has been delegated to the OCPWC. Policies developed by OCPWC for the operations of the Public Works Subsystem shall ensure that each participant is treated equitably and has sufficient communications capability to meet its legitimate needs. Any dispute between Partner and Participating Agencies over operational policies shall be reviewed by the OCPWC. Any unresolved dispute may be appealed to the Govemance Committee for final decision. 7.5 Standard Operating Procedures Except as provided in Section 11.3 ("Security"), individual subsystem operational policy, as well as policy affecting all users, shall be published in the 800 MHz CCCS Standard Operating Procedures (SOP). The SOP will be the source of all radio system operational policies and procedures established by the various subsystems. The SOP is maintained by OCSD/Communications and will be updated any time an approved change is made to this document. 7.6 System Priorities Public Safety, consisting of City and County Law Enforcement and Fire Agencies dispatch functions and individual radio emergency buttons, shall have System Operational priority over all law/fire/public works non -life threatening operations when and if it is necessary to establish System priorities. Joint Agreement Nov232004 Final Page 5 0 0 8. OPERATIONAL POLICY REVIEW To ensure that operational policy developed by the various individual Subsystems is compatible with all of the other Subsystems, such policy shall be subject to review by all other Subsystems and OCSD/Communications when appropriate. Review would be required when policy is developed that crosses over into another Subsystem. Review is not required when policy is developed that is specific to one Subsystem only. A thirty (30) -day review period prior to policy implementation shall be observed in order to ensure appropriate time for review. Exceptions can be made when the policy is of an emergency nature and immediate implementation is necessary for safety purposes. All emergency exceptions shall be reviewed by the appropriate Subsystems as described above within the thirty (30) -day period. The intent of this review is to assure that decisions made by any one subsystem do not adversely affect the operation of any other group and to promote and ensure interoperability and compatibility. 9. MUTUAL AID 9.1 Mutual Aid Policies and Procedures Mutual Aid communications is an important capability of the System. Utilizing this capability in an efficient manner is essential. Mutual Aid operational policies and procedures must be coordinated between Partner and Participating Agencies within Orange County and Partner and Participating Agencies outside of Orange County. All Partner and Participating Agencies shall comply with the operational policies of the Mutual Aid Plans described in Section 9.2. 9.2 Mutual Aid Plans The following Mutual Aid Plans shall establish Mutual Aid operational procedures for all Participating Agencies. Orange County Mutual Aid Implementation Plan for the Use of the 800 MHz National and State Mutual Aid Channels This plan is required by the Southern California 800 MHz Regional Communications Plan and, together with any plan modifications, must be approved by the State of California Office of Emergency Services, Telecommunications Advisory Committee. The plan in effect on the date of this Agreement is on file with the OCSD/Communications Divisiort. Any proposed modifications to the plan must be reviewed and approved by the Governance Committee, if needed, prior to submission to the State. Joint Agreement Nov232004 Final Page 6 0 0 Orange County Mutual Aid Plan for the Use of the 800 MHz Local Mutual Aid Channels The plan was prepared by OCSD/Communications Division and approved by the Partner and Participating Agencies, based upon approval by OCCOPSA, OCFCA, OCPWC and OCLC, as appropriate. 9.3 Mutual Aid Priorities Partner and Participating Agencies who from time to time have need to communicate with Law Enforcement or Fire Agencies during emergencies or in their daily support of Law Enforcement or Fire Agencies will be allowed to access the Law Enforcement or Fire Subsystems as approved by those respective agencies. Such use may include the day-to-day operations of said non -Law Enforcement and non -Fire Partner and Participating Agencies on a non - interfering, prioritized basis. This use shall be subject to approval of OCCOPSA and the OCFCA as it affects their respective communications. 10.0 RELINQUISHING EXISTING OPERATING CHANNELS Existing Partner and Appropriate Participating Agencies operate existing systems on a variety of radio channels licensed by the FCC. Both the FCC and the Southern California Regional Plan, approved by the FCC on November 21, 1989 for the implementation of new systems using the 800 MHz spectrum, require that Partner and Participating Agencies that transfer operation to the new 800 MHz channels must give back licenses on existing system frequencies. These "give - up" channels will then be redistributed to meet the needs of other agencies in Southern California which have not been met with the limited 800 MHz channels available. Partner and Participating Agencies entering into this Agreement agree to "give up" channels licensed on existing systems that are replaced by the new System. FCC licenses on these "give -up" channels shall be returned to the FCC for cancellation not more than thirty (30) days after transfer and acceptance of law enforcement and/or public works operations to the System. An exception to the paragraph above is when Partner and Participating Agencies who, as a result of transferring law enforcement operations to the System, subsequently move other public works operations to their current 460 MHz channels. In this case, Partner and Participating Agencies agree to relinquish the previously used 460 MHz channels to public works operations within thirty (30) days of completion of the transfer to the 800 MHz System and such a transfer to public works must occur within one hundred eighty (180) days of transfer of law enforcement operations to the System (FCC requirement), at which time the previously -used public works FCC licenses on these "give -up" channels must be returned to the FCC for cancellation not more than thirty (30) days after transfer of public works operations to the 460 MHz channels. Joint Agreement Nov232004 Final Page 7 Any city that does not have a 460 MHz law enforcement "give -up" GREEN channel to use for public works may be able to use another city's "give -up" 460 MHz GREEN channel in a cellular re -use pattern. 11.0 SYSTEM TECHNICAL MANAGEMENT Proper operation of a modem, trunked, multi -channel communications System requires centralized technical coordination. OCSD/Communications Division has established a 24-hour System Watch at Loma Ridge to assure seamless operation of this complex system. The infrastructure for this System is currently housed in 24 separate radio sites, with Loma Ridge serving as the master site. 11.1 Technical Liaison Committee The 800 MHz Technical Liaison Committee is utilized to develop the technical operation policies and procedures of the System. This committee is composed of swom, technical and operational personnel of County and City Law Enforcement, Fire, Lifeguard and Public Works operations involved in the 800 MHz CCCS. 11.2 Technical Standards Technical standards are an essential part of the operation of a multi-user system. To ensure the long-range effective operation of System, technical standards shall continue to be reviewed and evaluated. Said standards shall be approved by the Technical Liaison Committee and all Partner and Participating Agencies will be required to adhere to them. Failure to adhere to the technical standards may result in mobile or portable field equipment being restricted from access to the associated Backbone System. 11.3 Security Any authorized user of the 800 MHz CCCS shall be required to protect the security of the system and its users by complying with the policies set forth in the "Security Plan for the Orange County 800 MHz Countywide Coordinated Communications System" document. Responsibilities include, but are not limited to, adhering to the Lost/Stolen/Missing Radio Procedure, providing physical security for equipment and documentation, not using Radio Service Software (RSS) to modify the configuration of any radio programming, and not providing technical information or radio equipment to unauthorized persons. As Participating Agencies or Mutual Aid organizations join the system, a copy of the Security Plan will be provided to the director of said organizations and will be advised to share it with appropriate personnel. 11.4 Approved Equipment The initial System implementation consisted of equipment supplied by the original system equipment vendor and met the technical requirements of the Joint Agreement Nov232004 Final Page 8 0 System. OCSD/Communications shall compile a list of this approved equipment and make it available to all Partner and Participating Agencies. In the future, as newer equipment from the original vendor or other vendors become available, OCSD/Communications shall evaluate it for compatibility with the System and make recommendations to the Technical Liaison Committee. Any equipment that meets the technical criteria for operation on the System shall be added to the approved list. OCSD/Communications will be responsible for negotiating pricing on new equipment with recommendations forwarded to the Governance Committee for final approval. 11.5 Technical Standards and Equipment Evaluation The OCSD/Communications Division maintains engineering and technical staff whose task is to maintain, manage and operate the 800 MHz CCCS. Technical management of the System shall continue to be the responsibility of OCSD/Communications Division. County technical staff shall evaluate new radio subscriber equipment for adherence to technical standards prior to the Technical Liaison Committee for approval and to the vendor requesting equipment evaluation. Any disputes regarding the technical evaluation of equipment will be referred to the OCCOPSA Communications Committee, OCFCA Communications Committee, OCLC Communications Committee, and OCPWC, with final approval by the Govemance Committee. 12.0 SYSTEM MODIFICATION COST APPROVALS Any Law Enforcement Subsystem modification or other action proposed by OCCOPSA which requires Partner or Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Partner or Participating Agency, following approval by the Governance Committee. Any Fire Subsystem modification or other action proposed by the OCFCA which requires Partner or Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Partner or Participating Agency, following approval by the Governance Committee. Any Lifeguard Subsystem modification or other action proposed by the OCLC which requires Partner or Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Partner or Participating Agency, following approval by the Governance Committee. Any Public Works Subsystem modification or other action proposed by the PWPC which requires Partner or Participating Agencies to obligate finds for cost sharing shall require prior approval by the Governing Body of each Partner or Participating Agency, following approval by the Governance Committee. Joint Agreement Nov232004 Final Page 9 13.0 CONTRACTS The County may from time to time enter into such agreements or contracts with various vendors to purchase or lease equipment, and for installation, service and maintenance of equipment as may be necessary and required in order to effectuate this Agreement. All such agreements or contracts shall comply with applicable State Law for counties. Appropriate shared costs will be included in backbone cost-sharing allocations. 13.1 County Responsibilities OCSD/Communications shall negotiate and enter into agreements or contracts with the various vendors as contemplated in this Agreement. OCSD/Communications shall make payments due and payable under such agreements on behalf of Partner and Participating Agencies. OCSD/Communications shall negotiate and enter into agreements with new Participating Agencies which may hereafter receive approval to access the System for day-to-day operations pursuant to this Agreement, provided that: • The Participating Agency agrees to the terms, conditions and costs for entry as defined by the Governance Committee on behalf of the Partners. Current policy by the Governance Committee directs a system entry fee of $3,295 per radio for Federal or State agency participation and $2,480 per radio for agencies operating strictly within the confines of the County. Participating Agencies are required to have their radios templated and programmed by OCSD/Communications Division staff, participate in the flat fee radio equipment maintenance program, and meet their annual backbone cost sharing obligation. • Requests by Participating Agencies will be evaluated in terms of potential channel loading on the 800 MHz CCCS. This evaluation will include an identification of the number of radios to be added, the type of communication being conducted, and the specific radio cell that will be impacted by the addition of this Participating Agency. If the addition of the Participating Agency may cause an extensive impact on channel loading, an outside channel loading analysis may be pursued at the expense of the requesting Agency. • Additional terms, conditions, and costs for entry shall be included in a separate agreement as established by the Governance Committee. The Governance Committee is given said authority under this Agreement with the understanding that adequate fees will be charged as appropriate. Said separate agreement shall include any direct or indirect compensation to Partner Agencies for System Backbone usage by new Participating Agency(s). Joint Agreement Nov232004 Final Page 10 0 rI • OCSD/Comm uni cations shall obtain the approval of the Governance Committee to determine the appropriate additional terms, conditions, and costs to be included in said separate agreement. • Any such new Participating Agency hereafter who shall desire to become a party to this Agreement may do so by executing a copy of this Agreement, as well as the separate agreement if applicable. • Compensation may take the form of improvement or modification of System or other contribution for the benefit of all Partner or Participating Agencies. 14. EQUIPMENT FACILITIES AND STRUCTURES Additional facilities, structures, and modifications may be needed to implement the System, including System Backbone facilities and System Field Equipment facilities (e.g., dispatch centers). 14.1 System Backbone Facilities In the event of a decision by the Governing Authorities to financially support expanding or modifying existing facilities, or adding new County radio structures or facilities as necessary, to support the implementation of the System Backbone, the County shall be responsible as lead agency to implement these expansions, modifications, or additions. 14.2 Field Equipment Facilities Individual Partner or Participating Agency shall, at its sole Partner or Participating Agency expense, expand or modify its existing structures, facilities, or dispatch centers as required to support the installation or enhancement of Partner or Participating Agency System Field Equipment. 15. SYSTEM MODIFICATIONS AND COST SHARING 15.1 System Modifications System modifications may be needed from time to time to meet the changing needs of Partner and Participating Agencies. System modifications, expansions or enhancements will not be allowed without technical review by the County and approval by the Governance Committee. System modifications recommended by County and agreed to by the Governance Committee will then be forwarded to Governing Authorities for approval, as appropriate, and implemented by County. Cost sharing of future System Backbone modifications shall be determined based on the benefit to be derived by individual Partner or Participating Agencies. Joint Agreement Nov232004 Final Page I 1 0 LI The cost for any modification intended for the sole use and support of a single Partner or Participating Agency shall be borne by that Partner or Participating Agency. The cost for any modification intended to improve service for an identifiable group of Partner or Participating Agencies in a local area or Net shall be shared by those Agencies in a manner agreeable to those Agencies. 15.2 Cost Sharing Beginning July 1, 2002 A. Effective Date/Percentage Share The Cities and Orange County Fire Authority (OCFA) will commence System Backbone cost sharing payments as of July 1, 2002. The following represents the respective aggregate obligations for the ongoing maintenance costs of the System Backbone expressed as a percentage of the total cost: 1. FY 02-03 a. County's share of cost 51% b. Cities'/OCFA's share of cost 49% 2. FY 03-04 a. County's share of cost 45.6% b. Cities'/OCFA's share of cost 54.4% 3. FY 04-05 and thereafter a. County's share of cost 40.18% b. Cities'/OCFA's share of cost 59.82% The individual obligations for the ongoing maintenance cost of the System Backbone, as approved by the Governance Committee, for each of the Cities and OCFA shall be determined by dividing the number of radios that each of the Cities and the OCFA, respectively, are operating on the System by the total number of radios that the Cities and OCFA are collectively operating on the System. The resulting ratios shall each be multiplied by the aggregate percentage obligations of the Cities and the OCFA for each fiscal year as set forth above. The resulting products shall be the Cities' and OCFA's individual percentage obligations for the ongoing maintenance cost of the System Backbone in each applicable fiscal year. Joint Agreement Nov232004 Final Page 12 • The contribution made by Participating Agencies will be calculated based on a per radio cost, which will be calculated on an annual basis by dividing the total operating and infrastructure backbone cost, by the total number of radios. The calculated contributions for the Participating Agencies will then be deducted from the total backbone cost-sharing expense. The remaining amount will be used to calculate the City, OCFA and County obligations consistent with 15.2.A.3. above. Emergency radios held in a separate pool will not be included in the radio counts for backbone cost-sharing purposes. Radios, as identified by the Partner or Participating Agencies, that are set aside strictly for the purpose of an emergency activation or some other emergency situation, and are not used for any other purpose, will be excluded from backbone cost-sharing counts. Serial numbers for these radios are to be provided by the Partner or Participating Agency. The OCSD/Communications Division will run random radio traffic checks on those radios identified as emergency radios and will advise department heads if any ongoing traffic is occurring. 15.3 Cities/OCFA Payment of FY 02-03 Backbone Costs A. County is authorized to transfer from the County's Site Development and Infrastructure Fund to the County General Fund, an amount equal to the Cities' and OCFA's FY 02-03 share of cost for System Backbone operations. The purpose of this transfer is to finance Cities' and OCFA's FY 02-03 share of the System Backbone costs and to allow cities and OCFA to pay said costs over a period of time. Furthermore, it allows the County to receive said amount in its General Fund as was budgeted for FY 02-03. B. Each city and OCFA will amortize its share of the FY 02-03 System Backbone costs, interest free, over a period of 5 years, commencing July 1, 2003, by paying back to County 20% of its share of the FY 02-03 System Backbone cost each year thereafter for five years. Each city and OCFA shall make this payment to County along with its regular System Backbone cost-sharing expense payment for that particular fiscal year. 15.4 Annual Payment Commencing July 1, 2003, and continuing each year thereafter, each city and OCFA will contribute 100% of its allocated share of the System Backbone costs based on the formula set forth in 15.2.A above. Said payments shall be made on a quarterly basis in advance within thirty days of billing. Joint Agreement Nov232004 Final Page 13 15.5 New Site Development and Infrastructure Fund The County will place the approximately $4.1 million currently in the County's Site Development and Infrastructure Fund, less the amount County is allowed to deduct from that fund pursuant to 15.3.A above, into a separate Site Development and Infrastructure Fund. This fund will be controlled by the 800 MHz Governance Committee. Each project financed from this fund will require prior Governance Committee approval. Each expenditure from the Site Development and Infrastructure Fund must be utilized for County's share of site development and/or infrastructure costs. On June 30, 2008, any remaining balance in the Site Development and Infrastructure Fund shall be administratively transferred to the County General Fund without further approval by the 800 MHz Governance Committee, cities or the OCFA. The Partner and Participating Agencies will share in the cost of 800 MHz CCCS system and infrastructure upgrades. The funding sequence for payment of these costs will be as follows: • Use of grant funds if available. • Use of system entry fees contributed to the system from new Participating Agencies as they join the system. • Use of combined City/County contract reserve fund consistent with percentage contributions made by cities versus County. Use of infrastructure contributions collected annually as part of the backbone cost-sharing allocations. Contributions to infrastructure payments will be made on a 70% Cities/OCFA and 30% County of Orange basis, consistent with the Motorola contract allocation split during 800 MHz CCCS implementation. OCSD/Communications will prepare a document and timeline that identifies the remaining infrastructure requirements and estimated costs by fiscal year, thereby bringing closure on the balance of the infrastructure necessary to complete the original 800 MHz CCCS. Infrastructure payments beginning in FY 2005/2006 will reflect contributions needed to meet these outstanding obligations. • County will pay for design and construction costs for radio sites required to address outstanding coverage issues that remain from initial 800 MHz CCCS implementation, which are Newport Beach, Dana Point and Brea/Carbon Canyon sites. • County will evaluate the inclusion of radio site construction and infrastructure for new housing developments as part of Mello -Roos costs. 15.6 Exclusive Backbone System Costs Unless otherwise authorized by separate agreement or an amendment to the 800 MHz CCCS Joint Agreement, none of the cost elements covered under the 800 MHz Communications System Agreement for Cost Sharing shall be included in other service agreements between the County of Orange and the Cities or OCFA. Joint Agreement Nov232004 Final Page 14 0 15.7 New Participating Agencies New users of the System shall be charged pursuant to the policy established by the Governance Committee under Sections 13.1 and 16 of the 800 MHz CCCS Joint Agreement. 15.8 Budget/Year-End Settlement A. The 800 MHz budget and allocation of expenses will be submitted for approval to the Governance Committee ninety (90) to one hundred and twenty (120) days in advance of each fiscal year and communicated to the Partner and Participating Agencies for purposes of including same in their budgets for the next fiscal year. B. As soon as practicable following the end of each fiscal year, a final independent audit or a financial review as stipulated by the Governance Committee, shall be performed to determine the actual cost of backbone system operations, infrastructure and maintenance costs for that fiscal year. The findings of this audit or financial review shall be made known to the Partners and Participating Agencies on the 800 MHz CCCS. Thereafter, to the extent there have been contributions made by the Partners and Participating Agencies which exceed the actual cost of operations and maintenance, the amount of said excess contributions shall be credited to each party in the same proportion as was used to create the excess. Any excess for operational expenses shall be deducted from each entity's fiscal year obligation for the following fiscal year. In the event of a shortfall, each party shall be billed its pro -rata share of the shortfall, which shall be paid in the first quarter payment for the next fiscal year following the fiscal year of the shortfall. C. Contributions made to infrastructure by each Partner Agency and Participating Agency will be held in either the specific County Account (I 5L) designated for 800 MHz CCCS infrastructure or system upgrades or in the third -party escrow account as determined by the Governance Committee. In either case, interest earnings will be allocated to these specific funds. Whether the Governance Committee determines that these funds will be held in a third -party escrow account or a County fund, the fees for this account will be included as a backbone cost-sharing expense. As designated under the 800 MHz Escrow Agreement, unless otherwise modified, escrow account funds can only be spent for Motorola expenditures in support of system enhancements or infrastructure costs. D. Should any Partner Agency or Participating Agency fail to make its appropriate payments when due, the County shall take action as is appropriate to obtain such payment. Nothing in this Agreement shall be construed as the County's exclusive remedy for the remediation of Joint Agreement Nov232004 Final Page 15 • 0 defaults by Governing Authorities, and the County reserves the right to pursue any and all available rights and remedies at law or in equity. 15.9 800 MHz Site Revenues In the event County decides to generate revenues from the commercial, non- governmental sector by leasing space at the County's radio sites, the following shall apply: A. The use of said radio sites shall not interfere with or degrade the efficiency of the System. B. The net revenues generated from such use shall be shared among the Parties to this 800 MHz CCCS Joint Agreement in the same proportion as each party contributed to the maintenance and repair of the radio site(s) for the fiscal year the revenue is generated, up to the amount of each party's contribution for maintenance and repair of the base radio site(s) from which the revenue is generated. All additional net revenues shall go to the County. 15.10 Future System Enhancements/Upgrades/Replacements It is anticipated that a significant upgrade of the 800 MHz CCCS will be required as early as 2010. The Governance Committee, with staffing provided by the County, will be responsible for defining the required upgrades and anticipated funding requirements. The Governance Committee will develop a long-range plan and establish a multi-year Equipment Replacement Fund for the purpose of accumulating funds from the Partner and Participating Agencies. The Equipment Replacement Fund will be designed to allow for the tracking of interest by individual contributor. 16. ADDITIONAL PARTICIPATING AGENCIES OR CONSOLIDATION OF PARTICIPATING AGENCIES Law Enforcement/Public Works/Fire/Lifeguard Agencies may be added to the system with approval by that Agency's Governing Authority, support by appropriate operational committees, and approval of Governance Committee. The System is designed to support multiple Participating Agencies. New Participating Agencies may only be added to the System within channel loading limits without degrading the level of service. (Refer to Section 13. 1.) The System must adhere to FCC minimum loading standards. In order to meet the minimum loading standards established by the FCC and to ensure efficient utilization of the System spectrum resource, County will continually monitor the level of use of the System. Joint Agreement Nov232004 Final Page 16 • 0 The County shall be responsible for coordinating access to the System, training new users in operational and security procedures, and assuring compliance with technical standards. The new Agency may be responsible for the cost of these services. 16.1 Adding Participating Agencies: Newly Incorporated or Contract Cities Cities presently contracting for law enforcement, fire or public works services from the County or other Participating Agencies may in the future desire to form their own departments. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to an independent city system similar to other cities. Any System Field Equipment or other costs associated with the transition of a New City or Contract City to the System shall be the responsibility of the city unless addressed in a separate agreement with County. 16.2 Consolidation of Law Enforcement Agencies, Public Works Agencies or Fire Agencies Cities presently contracting for law enforcement, fire or public works services from the County or other Partner or Participating Agencies may in the future desire to consolidate with other departments to form regionalized systems. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to a consolidated system. Any System Field Equipment or other costs associated with the transition of a Contract City or Independent City to form with others in a consolidated trait shall be the responsibility of the consolidated entity, unless addressed in a separate agreement with the County. 16.3 Adding Non-City/Non-County Participating Agencies Newly formed Non-City/Non-County Participating Agencies that do not participate in the System in its initial implementation may desire to use the System. County shall work with any such Participating Agency to develop an appropriate system design and implementation plan to transition to the System after approval is recommended by OCCOPSA, OCFCA, OCLC, and OCPWC, as appropriate, and approved by the Governance Committee. An agency that does not participate in the original purchase and cost sharing of the System Backbone shall contribute a share of the System cost consistent with Section 13.1. Funds from this account may be used for Backbone System enhancements for the benefit of all Partners and Participating Agencies. Enhancements shall be recommended by the Technical Liaison Committee and OCCOPSA, OCFCA, OCLC, and OCPWC as appropriate, with final approval by Joint Agreement Nov232004 Final Page 17 the Governance Committee. Approved enhancements involving cost sharing shall be submitted to the Governing Authorities for approval as appropriate. Any Backbone System modification costs required to transition a New Non -City/ Non -County Participating Agency to System shall be the responsibility of the new Non-City/Non-County Participating Agency. Any System Field Equipment costs associated with the transition of a New Non- City/Non-County Participating Agency to System shall be the responsibility of the new Non-City/Non-County Participating Agency. 16.4 Adding Mutual Aid Providers Certain governmental and non-governmental Mutual Aid Providers may be granted access to the subsystems, for the expressed purpose of providing Mutual Aid to a Participating Agency. Access may only be granted by the bodies described in Sections 3, 4, 5, 6 of this Agreement. Any Backbone System modification costs associated with adding a Mutual Aid Provider to the System shall be the responsibility of the Mutual Aid Providers and/or the sponsoring Partner or Participating Agency(s). Any System Field Equipment costs associated with adding a Mutual Aid Provider to the System shall be the responsibility of the Mutual Aid Provider and/or the sponsoring Partner or Participating Agency(s). 17. LIABILITY Each Party listed in Exhibit "A" (the "Indemnitor") shall indemnify, defend, and hold all other parties, and their agents and employees (the "Indemnitees") harmless from all claims, liabilities, damages, and losses to the Indemnitees arising out of any acts or omissions of itself and its agents and employees in connection with the performance of this Agreement which acts or omissions constitute gross negligence. 18. GOVERNANCE COMMITTEE The 800 MHz Governance Committee will oversee implementation and operations of the 800 MHz System including Partner and Participating Agency compliance with payment schedules, addressing operational issues affecting System operation and backbone site development, reviewing and approving conversion, modification and enhancement plans, approving contract pricing changes, resolving disputes between Partners or Participating Agencies, approving the policy recommendations of the Committees, approving policy, operational and fiscal matters necessary for the operation and maintenance of the System, and performing any other responsibilities required to implement this Agreement. Joint Agreement Nov232004 Final Page 18 0 0 The Governance Committee shall be responsible for recommending 800 MHz Project operating and capital improvement budgets that are jointly funded by the Parties to the Agreement. The appropriate Governing Authorities will be responsible for approving these budgets through the backbone cost-sharing approval process. Committee members, as identified below, will also be responsible for coordinating with their appropriate associations/agencies on issues involving Governing Body approvals: • Four City Managers appointed by the Orange County City Managers' Association • Chief Executive Officer, County of Orange, or Designee • Sheriff -Coroner, or Designee • Resources and Development Management Department Director, or Designee Each must designate and name an alternate as a voting member if member cannot attend. 19. AGREEMENT AMENDMENT PROCESS This Agreement may be amended or modified by consent of all of the Governing Authorities representing the Parties. 20. WITHDRAWAL FROM SYSTEM This Agreement shall take effect as above dated. This Agreement may be terminated by any Parties or Participating Agencies to the Agreement as listed on Exhibit "A" or Exhibit "C" as to that Parry or Participating Agency by serving written notice of termination on the County and after meeting its financial obligations under this Agreement. After the expiration of sixty (60) days from the giving of such notice, the Party or Participating Agency so electing to withdraw shall cease to be a Party or Participating Agency to this Agreement. Such termination shall not relieve said Party or Participating Agency or other Party of any financial obligation assumed as part of this Agreement. (Said Party and Participating Agency shall still be obligated to pay its backbone cost-sharing expense for that fiscal year and its annual flat fee expense for that fiscal year if the Party or Participating Agency is participating in the flat fee program.) The Party or Participating Agency terminating shall not be responsible for any financial obligations assumed by the other Parties or Participating Agencies hereto subsequent to said termination. Similarly, it is understood that County has ownership of the System Backbone and certain backbone sites, as well as FCC licenses presently owned by the County, and upon any termination by any Parties Joint Agreement Nov232004 Final Page 19 0 E to the Agreement, any and all right, title and interest in the System Backbone, those backbone sites and FCC licenses shall remain with the County. Should the County wish to withdraw, an orderly transition to remaining Parties and Participating Agencies must be affected. Joint Agreement Nov232004 Final Page 20 0 0 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF ORANGE ��t4x�p 0/ �JaV By: Dated: Board of Supervisors �% •0�3 •d �-� Approved As to Form: County Counsel CITY OF: ATTEST: By: By: City Clerk Dated: Approved As to Form: City Attorney Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY M Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: SIGNED AND CERTIFIED THAT A THIS Doe UM T HAS BEEN DEI 1RMA%OF TKr OF IP 0 0 EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT CITY RESPONSIBLE ADDRESS PHONE # ADMINISTRATOR Aliso Viejo City Manager 12 Journey, Suite 100 949/425-2512 Aliso Viejo, CA 92656-5335 Anaheim City Manager 200 S. Anaheim Blvd. 714/765-5162 Anaheim, CA 92805 Brea City Manager 1 Civic Center Circle 714/990-7770 Brea, CA 92821-5732 Buena Park City Manager 6650 Beach Blvd. 714/562-3550 Buena Park, CA 90620 Costa Mesa City Manager 77 Fair Drive 714/754-5328 Costa Mesa, CA 92626 Cypress City Manager 5275 Orange Avenue 714/229-6688 Cypress, CA 90630 Dana Point City Manager 33282 Golden Lantern, Suite 203 949/248-3513 Dana Point, CA 92629 Fountain Valley City Manager 10200 Slater Avenue 714/5934410 Fountain Valley, CA 92708 Fullerton City Manager 303 W. Commonwealth Ave 714/738-6310 Fullerton, CA 92832 Garden Grove City Manager 11222 Acacia Parkway 714/741-5100 Garden Grove, CA 92840 Huntington Beach City Administrator 2000 Main Street 714/536-5575 Huntington Beach, CA 92648 1 Civic Center Plaza Irvine City Manager P.O. Box 19575 949/724-6246 Irvine, CA 92623-9575 La Habra City Manager 201 E. La Habra Blvd. 562/905-9701 La Habra, CA 90633 La Palma City Manager 7822 Walker Street 714/690-3333 La Palma, CA 90623 Laguna Beach City Manager 505 Forest Avenue 949/497-0704 Laguna Beach, CA 92651 Laguna Hills City Manager 24035 El Toro 949/707-2610 LagunaRoad Hills, CA 92653 Laguna Niguel City Manager 27801 La Paz Road 949/362 4300 La a Niguel, CA 92677 Laguna Woods City Manager 24264 El Toro 949/639-0525 LagunaRoad Woods, CA 92653 Lake Forest City Manager 25550 Commercentre Drive 949/461-3410 Lake Forest, CA 92630 Los Alamitos City Manager 3191 Katella Avenue 562/431-3538 Los Alamitos, CA 90720 ext. 201 Mission Viejo City Manager 200 Civic Center 949/470-3051 Mission Viejo, CA 92691 Exhibit A as 11/03/04 4- • EXHIBIT A • 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT CITY RESPONSIBLE ADDRESS PHONE # ADMINISTRATOR Newport Beach City Manager 3300 Newport Blvd. 949/644-3000 Newport Beach, CA 92663-3884 Orange City Manager 300 East Chapman Ave. 714/744-2222 Orange, CA 92866 Placentia City Administrator 401 East Chapman AvePlacentia, 714/993-8117 CA 92870 Rancho Santa Margarita City Manager 22112 El Paseo 949/635-1800 Rancho Santa Margarita, CA 92688 ext. 210 San Clemente City Manager 100 Avenida Presidio 949/361-8322 San Clemente, CA 92672 San Juan Capistrano City Administrator 32400 Paseo Adelanto 949/443-6317 San Juan Capistrano, CA 92675 Santa Ana City Manager 20 Civic Center Plaza 714/647-5200 Santa Ana, CA 92701 Sea] Beach City Manager 211 8th Street 562/431-2527 Sea] Beach, CA 90740 ext. 300 Stanton City Manager 7800 Katella Avenue 714/379-9222 Stanton, CA 90680-3162 ext. 240 Tustin City Manager 300 Centennial Way 714/573-3010 Tustin, CA 92780 Villa Park City Manager 17855 Santiago Blvd.Villa 714/998-1500 Park, CA 92861 Westminster City Manager 8200 Westminster Blvd. 714/898-3311 Westminster, CA 92683 ext. 402 4845 Casa Loma Avenue Yorba Linda City Manager P. 0. Box 87014 714/961-7110 Yorba Linda, CA 92886 West Cities Communications Center West -Comm 911 Sea] Beach Blvd. 562/594-7243 (West -Comm ) Administrator Seal Beach, CA 90740 Exhibit A w 11/03/04 -2- 0 0 EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT COUNTY RESPONSIBLE ADMINISTRATOR ADDRESS PHONE # AGENCY/ RESPONSIBLE ADDRESS PHONE # DEPARTMENT ADMINISTRATOR Irvine, CA 92602 7]4/573-6010 Metro Net Fire Dispatch Communications 401 Civic Center Drive West District Attorney District Attorney P. 0. Box 808 714/834-3636 Santa Ana, CA 92702 Health Care Agency Director 405 W. S" Street 714/834-6254Santa Ana, CA 92701 Integrated Waste Director 320 N. Flower St., Suite 400 714/8344122 Management Department Santa Ana, CA 92703 John Wayne Airport Airport Director 3160 Airway AvenueCosta 949/252-5183 Mesa, CA 92626-4608 Probation Department Chief Probation Officer 1535 E. Orangewood AvenueAnaheim, 714/937 470] CA 92705 Resources & Development 300 N. Flower Street Management Department Director Santa Ana, CA 92703-5000 714/8344643 Sheriff -Coroner 550 N. Flower St. Department Sheriff -Coroner P. 0. Box 449 714/647-1800 Santa Ana, CA 92703 FIRE SERVICES RESPONSIBLE ADMINISTRATOR ADDRESS PHONE # Orange County Fire 1 Fire Authority Road AuthorityFire Chief Irvine, CA 92602 7]4/573-6010 Metro Net Fire Dispatch Communications 201 So. Anaheim Blvd., Suite 302 Center Manager Anaheim, CA 92805 714/765 4077 Exhibit A as 11/03/04 -3- • EXHIBIT B • CITY USERS LAW PUBLIC WORKS LIFEGUARD FIRE ALISO VIEJO SHERIFF ; OCFA ANAHEIM X X X BREA X X X _ BUENA PARK X x OCFA COSTA MESA X X X CYPRESS X ! OCFA _ _x DANA POINT SHERIFF x OCFA FOUNTAIN VALLEY X I X X FULLERTON X X X GARDEN GROVE x X X HUNTINGTON BEACH X X x X IRVINE X X OCFA LA HABRA x X X LA PALMA X X OCFA LAGUNA BEACH X ! X X X LAGUNA HILLS SHERIFF ! X 1 OCFA LAGUNA NIGUEL SHERIFF X OCFA LAGUNA WOODSSHERIFF OCFA LAKE FOREST SHERIFF I OCFA LOS ALAMITOS X X OCFA MISSION VIEJO SHERIFF X OCFA _ NEWPORT BEACH x X X X ORANGE X x x PLACENTIAX I X OCFA RANCHO SANTA MARGARITA — SHERIFF OCFA — SAN CLEMENTE SHERIFF X x OCFA SAN JUAN CAPISTRANO SHERIFF X OCFA SANTA ANA X X X SEAL BEACH X X X OCFA STANTON SHERIFF X OCFA TUSTIN X ! x OCFA VILLA PARK SHERIFF x OCFA WESTMINSTER X X OCFA YORBA LINDA BREA I X OCFA WEST -COMM X METRONET X COUNTY USERS LAW PUBLIC WORKS LIFEGUARD FIRE DISTRICT ATTORNEY X HCA x IWMD X JOHN WAYNE AIRPORT X X _ _ PROBATION X _ RDMD X X SHERIFF -CORONER X OCFA — - -- - - --- % ExhibitS jh 11103/04 171 EXHIBIT B 0 MUTUAL AID USERSLAW PUBLIC WORKS LIFEGUARD FIRE AFRC FIRE DEPARTMENT X AMR AMBULANCE X BOEING FIRE DEPARTMENT X CALIFORNIA HIGHWAY PATROL X CALIFORNIA STATE PARKS X CALIFORNIA STATE UNIVERSITY FULLERTON POLICE X CAMP PENDLETON FIRE DEPARTMENT X CARE AMBULANCE X CDF RIVERSIDE F6RE DEPARTMENT X CORONA FIRE DEPARTMENT X DISNEYLAND FIRE DEPARTMENT X DOCTOR'S AMBULANCE iX EMERGENCY AMBULANCE I X FBI X HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT PD LA HABRA HEIGHTS FIRE DEPARTMENT X I X LAGUNA BEACH COUNTY WATER DISTRICT X LOS ANGELES COUNTY SHERIFF AERO BUREAU X MEDIX AMBULANCE X MERCY AIR _ X NAVAL WEAPONS STATION FIRE DEPARTMENT + X NORTHROP GRUMMAN FIRE DEPARTMENT X SADDLEBACK COLLEGE POLICE DEPARTMENT X SANITATION DISTRICT OF ORANGE COUNTY X SCHAEFER AMBULANCE — X UNITED STATES FOREST SERVICE x UNIVERSITY OF CALIFORNIA IRVINE POLICE X i Exhibit S jh 17!03!04 • EXHIBIT C • 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM MUTUAL AID USERS MUTUAL AID USERS RESPONSIBLE ADDRESS PHONE # ADMINISTRATOR AFRC Fire Department Tom McKinnon 4250 Constitution 562/795-2144 Los Alamitos, CA 90720 AMR Ambulance Ernie Chavez 10662 Stanford Ave. 714/638-6200 Garden Grove, CA 92840 Boeing Fire Department Scott Bolton 2600 Westminster Blvd. 562/797-3188 Sea] Beach, CA 90740 California Highway Patrol Bob Fablee 3865-A W. Commonwealth Ave. 714/449-7091 Helicopters Fullerton, CA 92833 California State Parks Ken Kramer 8471 North Coast Highway 949/497-1582 Laguna Beach, CA 92651 California State University P.O_ Box 6806 Fullerton Police and Fire Sgt. Bob Baker 714/278-2904 Fullerton, CA 92834-6806 Departments Camp Pendleton Chief Timothy Hoover PO Box 555211 760/725-4321 Fire Department Camp Pendleton, CA 92055 Care Ambulance Rick Richardson 8932 Katella Ave., Suite 201 714/828-7750 Anaheim, CA 92804 CDF Riverside Chief Mike Button 210 W. San Jacinto Ave 951/940-6900 Fire Department Perris, CA 92570 Corona Fire Department Deputy Chief Marcus 815 W. 6h Street 909/736-2220 Billington Corona, CA 92882 Disneyland Fire Lon Cahill 1313 S. Harbor Blvd. 714/781.4666 Department Anaheim, CA 92803-3232 Doctor's Ambulance Jim Ignacio 23091 Terra Drive 949/951.8535 Laguna Hills, CA 92653 ext. 206 Emergency Ambulance Jim Karras 3200 East Birch #A 714/990-1742 Brea, CA 92821 FBI Dan Koch 11000 Wilshire Blvd., Ste. 1700 310!996-3720 Los Angeles, CA 90024 Huntington Beach Union Scott Atkinson 10251 Yorktown Ave. 714/536-7521 High School District Police Huntington Beach, CA 92646-2999 La Habra Heights Fire John Nielsen 1245 N. Hacienda Road 5621694-8283 Department La Habra Heights, CA 90631 Laguna Beach 306 Third Street Dennis Hoffer 949/497-2585 County Water District Laguna Beach, CA 92651 Los Angeles County 3235 Lakewood Blvd. Sheriff Aero Bureau Capt. James DiGiovanna 562/421-2701 Long Beach, CA 90808 Areo Bureau Exhibit C m 11/03/04 -I- • EXHIBIT C • 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM MUTUAL AID USERS MUTUAL AID USERS RESPONSIBLE ADDRESS PHONE # ADMINISTRATOR Medix Ambulance Michael Dimas 26021 Pala Drive 949/470-8921 Mission Viejo, CA 92691 Mercy Air Aaron Oshima P.O. Box 2532 909/841-2882 Fontana, CA 92334 Naval Weapons Station Larry Bach Fire Division Code N23 800 Seal Beach Blvd. 562/626-7005 Fire Department Seal Beach, CA 90740-5000 Northrop Grumman Fire Sam Luque 33000 Avenida Pico 949/361-7011 Department San Clemente, CA92673 Saddleback College 28000 Marguerite Parkway Chief Harry Parmer 949/5824585 Police Department Mission Viejo, CA 92692 Sanitation District of Howard Lembke 10844 Ellis Ave. 714/593-7270 Orange County Fountain Valley, CA 92728 Schaefer Ambulance Jimmy McNeal 2215 South Bristol Ave. 714/545-8486 Santa Ana, CA 92704 United States Forest James Nordenger P. O. Box 897 858/695-0258 Service Poway, CA 92074 University of California, Lt. Jeff Hutchinson 150 Public Services Building 949/824-1140 Irvine Police Department Irvine, CA 926974900 Exhibit C as 11103/04 -2- 0 EXHIBIT D • 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTICIPATING AGENCIES AGENCY RESPONSIBLE ADDRESS PHONE # ADMINISTRATOR Exhibiti) as 11/03/04 -I- IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF OGE By:t Board of Supervisors Dated: I 3 •y �/ Approved As to Form: County Counsel CITY OF: Aliso Viejo ATTEST: ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: Un By: Dated: 0 Dated: June 15, 2005 Approved As to Form: C1 Attorney Joint Agreement Nov232004 Final Authority Counsel SIGNED AND CERTIFIED THAT A COPY THIS DOCUM I HAS BEE14 D&WERE THE C,7IRMAN OF THE�BL�ARD ..An �j L�,n,, COUNTY, IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF 0 G s t 1 ct By. Dated: Board of Supervisors �I •a;33 •D �—� Approved As to Form: County Counsel 11-10 --oaf CITY OF: ANAHEIM ATTEST: B: Y By: MAYOR (� t C'C- lerk Dated: "?�/j/C 5 Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: SIGNED AND CERTIFIEDTHAI ACOPY OF THIS DOCUM T HAS BEEN DELIVERED TO THE C IRMAN OF TH ARD ATTEST J . eL V V NI COUNTYOACAtIOf SUPIAERVISORS 0 • IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF OrGE By: Board of Supervisors Dated: II.O33 •y 4-1 Approved As to Form: County Counsel CITY OF: Zojal ATTEST: Ctty Clerk Approved As to Form: City Attorney Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: 0 Dated: Authority Counsel SIGNED AND CERTIFIED THAT THIS DOCUM T NAS BEEN D THE CLIRMAtr OF T HFj OF ARD OF SUPERVISORS CALIFORNIA • 0 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF OrGE i By: ]rxv Board of Supervisors Dated: -,;33 •y z—/ Approved As to Form: County Counsel CITY OF: ATTEST: BUENA PARK By:/ (n%�V! Donald 14. McCay, Mayor By: City Clerk Dated: March 22, 2005 Approved As to Form: City Attorney Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY By: bairman Dated: �'2g �0'S ATTEST: Clerk of the Authority APPROVED AS TO FORM: By: Auth -Ity Counsel Dated: SIGNED AND CERTIFIED IhAl A COPY OF THIS T HAS BEEN DEl1 RD 70 Iq C THE C tRMAN OF TH ARD ATTEST ARDUOF suFAERVISORS ,CA IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF ORANGE �! By: 1` V Dated: Board of Supervisors �% •e�j3 •d Z—/— Approved As to Form: County Counsel /1-io-o`t` CITY OF: COSTA MESA ATTEST - By: A �_ - Y By: Mayor of Costa Mesa City erk Dated: -..( , '%� Zoos Approved As to fon: City Attorney Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: Authority Counsel Dated: ®SWNED AND GEH1Ititu inn � -• THIS pOCUME OT HA5 BEEN DELNERED TO THE C iRMAN OF THE ARD ATTEST DARIfN J. BLOOM nc 4w; SOARD OF sunwsoRS 0 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF 0 G r f By: Board of Supervisors Dated: 3 Approved As to Form: County Counsel n_�Q-may CITY OF: C. L? Pee SS ATTEST: ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: Un Authority Counsel By iJ Dated: Ct N MRTJA-6EP SIGNED AND CERTIFIED THAT A COPY OF THIS DOC THECM IR iik OF BEEN DEUARDEDI ATTEST' lu Ci lerk DARLEN J. BLOOM At Irmo AnARD OF SUPERVISOR: Dated: (01 "11 D5 Approved As to Form: CityAtiomey Joint Agreement Nov232004 Final 0 0 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF 01 GE By: IVA i•�6y­ - v Board of Supervisors Dated: �3D Approved As to Form: County Counsel CITY OF: ATTEST: DANA POINT By: MAYOR By: City Clerk Dated: 3-11-0"r Approved As to Form: City Anom Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: 0 Dated: Authority Counsel SIGNED AND CERI IFIED THE THIS DOCUM T HAS BEEN THEC IRMANOFTH ATTEST % ,�f3�(� 0 0 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrtunent, each which shall for all purposes be deemed an original thereof. COUNTY OF O1GE i By. t 0 Dated: Board of Supervisors II '�3 •y it f Approved As to Form: County Counsel CITY M. FaU.v\,k-v,:,A \,cA\e-+\ ATTEST: Dated: 6,r C,i z 1. Approved As to Form: City Ano Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY ATTEST: _�! C erk of the Authority APPROVED AS TO FORM: By: 1 . uthority Counsel Dated:! � SIGNED AND CERTIFIED THAT A COPY OF THlS DOE CM IRMA Al BEEN OF TH DELIARDEDTO ATTEST' pARLEN J. BLOOM CLERK QF r.OUENBOARD TY, CALIFORNIAIFRVlSORS 0 0 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF OrGE ABy: !Viyq,y Board of Supervisors Dated: o33'y z-1 Approved As to Form: County Counsel CITY OF: FULLERTON By Shawn Nelson, or ATTEST: City Clerk Dated: 3 - a -DS Approved As to Form: Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY 0 Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: SIGNED AND CERTIFIED THAT A COPY Or THIS DOCUMNT HAS BEEN DELIVERED TO THVOZRIMIAN OF TH ARDATTESTDARLEL M CLERK. COUNT�OARD OF A SUPERVISORS MAN 0 0 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF OrGE a By: Board of Supervisors Dated: y �—� Approved As to Form: County Counsel CITY OF: ORANGE COUNTY FIRE AUTHORITY 0 Dated: ATTEST: Chairman li--I� —0 If Clerk of the Authority APPROVED AS TO FORM: ATTEST: By: By: A Dated: By: WILLIAM J. DALT01<f • l FORM" Dated: I —Z— —Orpo, Approved As to Form: City AttorneyV1 Joint Agreement Nov232004 Final Authority Counsel SIGNED AND THIS DOCUO THE CS CLERK f HAS BEEN DELMMU 1� ,MAN OfTH ARD )OM BOARD OF SUFERVISORS JY. CALIFORNIA 4P 0 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof..... . COUNTY OF ORANGE /E By: Board of Supervisors Dated: ;33'y Approved As to Form: County Counsel it -1Q -o'i CITYOF: Huntington Beach ATTEST: Approved As to Form: City Attorney Joint Agretment Nov232004 Final ORANGE COUNTY FIRE AUTHORITY an By: &La" XY G -- Chairman Dated: -Y la ATTEST: C'Ierk of the Authority APPROVED AS TO FORM: By: �v Au hority Counsel Dated:` SIGNED AND THIS DOWN THE Cf CLERK QF ORANGE( 97;L ARD OF SUPERVISORS CALIFORNIA 0 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof COUNTY OF 0>rGE r By:; Board of Supervisors Dated: �/ • o"j3 •D �—� Approved As to Form: County Counsel CITY OF: _ �.^✓i Cie By: _ fYnAVr ]r Dated: Approved As to Form: CityAttomeA Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY By: Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: SIGNED AND CERIRTIPIE"AM'"W' yr THIS "AN HASBEENDELIYERED 0 THE C MAN OF TN ATTEST• DAaSH J.MOOM CLERK OF THE BOARD Of SUPERVISORS IN WITNESS WBEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF ORANGE ....1 F Board of Supervisors Dated: / / - ;3 Approved As to Form: County Counsel CITY OF: La Habra ATTEST: ORANGE COUNTY FIRE AUTHORITY M Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel By. Mayor, Steve Anderson City Clerk , Tamara D. Mason Dated: 105 Approved As to Form: SIGNED AND CERTIFIED THAT A COPY Of THIS DOE C FIRMAN OF TH DEIARDED 0 ATTEST OARLEN J. BLOOM CLERK Qf THE BOARD of SUPERVISORS �o,.ara rnnNTY. CALIFORNIA P IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument; each which shall for all purposes be deemed an original thereof. .COUNTY OF 0 G By: Y, � u Board of Supervisors / Dated: _ _ / -�3'v e—/ Approved As to Form: County Counsel CITY OF: ATTEST: By: G� n". Dated: Approved As to Form: City,ATorney Nov232004 Final ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: M Dated: Authority Counsel SIGNED AND CEH THIS UM HAS BEEN DELIVERED 10 THEDDCC IRMAN OF TH ARD ATTEST L' 0:�N r\f� 0 0 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF ORANGE I� i F By: Board of Supervisors Dated: I � • ;3 3 •y 4-1 Approved As to Form: County Counsel CITY OF: ORANGE COUNTY FIRE AUTHORITY In Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: ATTEST: By: Authority Counsel By: Dated: City Manager— City of Laguna Beach By: SIGNED AND CERT IFlED T..AT A COPY.OF I"IRAIR ANSOF TH DELIARDED 0 1 ATTEST• � City Clerk _ City of Laguna Beach DARLEN J.BI_OOM���cciioFavIS�R5 Dated: '� " �- 0 Approved As to Form: City Attorney h) I P,ll�� Joint Agreement Nov232004 Final IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF O GE By: )VA tVw%1SkP7—V Board of Supervisors Dated: ll -o35-44-1 Approved As to Form: County Counsel CITY OF: Laguna Hills RarnOdal Bressefte, City Clerk Marj1A. �arlson Dated: � � 2 Z. L� � Approved As to Form: City Attorney Lois E. Jeffr Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY By: Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: By: Dated: Authority Counsel SIGNED AND CERTIFIEDTHAT ACOP°Y OF 7815DOC114E C T HAS BEEN DELIVERED 0 THE C IpAtAN OF TH AFiD ATTEST X1 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF ORANGE ORANGE COUNTY FIRE AUTHORITY ills By: !Y\i°V By:— Board of Supervisors Dated: / Dated: Approved As to Form: ATTEST: County Counsel CITY OF:zw /e'-1 1�4/w ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: Un Authority Counsel S By: �r (/-/Y fl&Vkyq *or Dated: By: SIGNED AND CERTIHED THAT ! THIS DOf r 'T HAS TH DE ATTEST, ityClWerk DARLEN J. BLOOM CLERK OF THE BOARD OF SIJI Dated: �� a22501 Approved As to Form: City Attorney -�'/2 Vv --.5' Joint Aeree}nent Nov232004 Final -/1 0 0 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF OrGE By: Board of Supervisors Dated: // -6) 4-1 Approved As to Form: County Counsel v4A CITY OF: ATTEST: By: t 'lr F�Le• a" M City Clerk l_ Dated: /'4 J G . �? J© J Approved As to Form: City Attorney a - � 11 - Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: 0 Dated: Authority Counsel SIGNED AND CERTIFIED THAT A COPY OF TNIS DOCUM T NAS BEEN DELIYEREDTO THE C IRMAN OFT H ARD ATTEST' / s DARLEN J. BLOOM rev ne ruo aoARD OF SUPERVISORS IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF 031NGE r {tet f' By: Board of Supervisors Dated: Approved As to Form: County Counsel /f—ra-oy CITY OF: By:_ CITY OF LAKE FOREST Dated: 03LD1 I/OS Approved City Attorney Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY By: Dated: ATTEST: Chairman Clerk of the Authority By: Authority Counsel Dated: SIGNED AND CER10-tt THIS DOCUM T HAS THE CIRMAN OF SUPERVISORS 0 • IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF O GE /L - By: Dated: Board of Supervisors Approved As to Form: County Counsel CITY OF: Lbs A (Aw , -M C ATTEST: By: ��� aboo_�oTw�ear;,,h City Clerk I5vst}nG1�ox,derr001 Dated: oZ- of a dS` Approved As to Foran: Ci Attorney Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: SIGNED ANOCERT� BTHAI EEN I) A COP EO D Y OF THIS DOCU THE C IRMAN OF TH ARD ATTEST DAR& N J. CLERKORANG1000t y. MFORMA THE BOARD OF VISOAS 0 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF OrGE By: Board of Supervisors Dated: Approved As to Form: County Counsel CITY OF: M I hb1 O Ne V1, e-30 ATTEST: 0 OQaab4(v\ -'- \� m#,ncxi��Q City lerk Af* �'iA�1nnr Dated:TTb a� Approved As to Form: City Attorney Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY M Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: SIGNED AND CERTIFIED THAT ACOPY OF THIS DHE C T HAS BEEN DELIVERED TO THEC 1RMAN0FTH ARR ATTEST DARLEN J. BLOOM CLERK QF THE BOARD OF SUPERVISORS nceuAF r.OUNTY. CALIFORNIA IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF 0 GE t ORANGE COUNTY FIRE AUTHORITY IM Board of Supervisors Dated: 3'4) Dated: Approved As to Form: ATTEST: County Counsel • ll—rQ—o�( CITY OF: AT By: By: Newport Beach City Clerk Dated: Appro) City A o y 3c-cs, Chairman Clerk of the Authority APPROVED AS TO FORM: Dated: -rt Agreement Nov232004 Final Authority Counsel SIGNED THIS Dt it CERT IFIED THAT A COPY OF EAj HAS BEEN DEINERED TO ppMANOPTH ARD wr an ARD OF SUPERVISORS 9 0 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF 0 GE By: Board of Supervisors Dated: I/',;33 Approved As to Form: County Counsel Ir— CITY OF: orange 0 City Clerk Dated: 3— %f% t�5 Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY By: Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: 13y: Authority Counsel Dated: SIGNED AND CERTIFIED 1441 A COPi THIS DOCUM T NAS BEEN DEUVERE THEC,71!— MAN Of A id 0 0 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF 0 r GE �Ar By: Board of Supervisors Dated: %� •v�3 •D �—i' Approved As to Form: County Counsel /I-ro—oy CITY OF: ATTEST: By: By: City Clerk Dated: Approved As to Form: City Attorney Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY By: d�-en� a, r chairman D. ATTEST: Clerk A the Authority APPROVED AS TO FORM: Dat SIGNED AND CERTIFIED THAT A CAVY ut THIS DOCM D ELIVERED TO OTCHTHHMAN R ATTEST 9 0 OCTA AGREEMENT NO.0-'4-1256 ORANGE COUNTY TRANSPORTATION AUTHORITY By: lXdlG>^ ^ dSC Arthur T. Leahy Chief Executive Officer Dated: S • g - o br APPROVEC(AS TO FORM: By: Keripard R. Smart; Jr. General Counsel fF I� M 4(William L. Foster . Executive Director, Bus Operations Dated: 05'0 � - 05 Joint Agreement Nov232004 Final IN WITNESS WHEREOF, the Parties and Parlicipating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical 'counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF OrGE j� D Board of Supervisors Dated: //'-'-3 -y 4-1 Approved As to Form: County Counsel CITY OF: PLACENTIA AT] City+Clerk. P Tick J. Melia Dated: S- 5''D-!;� Approved As to Form: City Attorney 'a��" Thomas F. Ni on Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY M Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: 0 Dated: Authority Counsel SIGNED AND CERTIFIED THAT A COPY OF THISDOCl1M HAS BEEN DELIVERED 10 1HEC VRtfJtNOFTH ATTEST• CLERK 0 0 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF O> NGE B)r Board of Supervisors Dated: Approved As to Form: County Counsel CITY OF: Rancho Santa Margarita ATTEST: ORANGE COUNTY FIRE AUTHORITY Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: 0 By:Dated: By: � t n y Jerk ^ Debbie Wo Dated: &u—/L ') -,?. &5 Approved As to Form: City Attorney (�'J' o n E. Cav rf'ugh, Cit Attorney J Joint Agreement Nov232004 Final Authority Counsel SIGHED AND THIS DDCUN THE Cy, I� dM IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF OrGE By: Board of Supervisors Dated: �� • v33 •D �-! Approved As to Form: County Counsel CITY OF: _ -56A/ Attest: City Clerk Dated: 3 Approved As to Form: City Attorney Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: SIGNED AND THIS DOM THEC) ATTEST Of Of M 0 0 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF 0 GE t By: )n E`% v"y T Board of Supervisors Dated: J/ - -;3 3 .v L/ Approved As to Form: County Counsel L'4i S��- /( -10 -o -( CITY OF: San Juan Capistrano ATTEST: By: By. Wyatt rt, yor-1S-61 .S - Margaret R. Monahan Dated: Approved As to Form: City Attorney q J-� Jo6 R. Shaw Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY 0 Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: By:. :w Authont ounsel Dated: SIGNED AND THIS DOWN THE Ct TIFIED THAT A COPY OF HAS BEEN DELIVERED TO IAN OF TH ARD )At OARD OF SUPERVISORS 9 0 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF Or GE t , r By: Board of Supervisors Dated: lI •�3'U 41 Approved As to Form: County Counsel CITY OF: ORANGE COUNTY FIRE AUTHORITY 0 Dated: ATTEST: Chairman /1-1-0 —o`/ Clerk of the Authority APPROVED AS TO FORM: ATTEST: By: By: Dated: By: !r/ City Jerk Dated: Approved As to Form: City Attorney Joint Agreement Nov232004 Final Authority Counsel SIGNED AND CERTIFIED THAT A THIS DOCUM T HAS BEEN DEI THE ";RMANAOFTHF�t BOARD OF SUPERVISOR ITV, CALIFORNIA 0 • IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF ORANGE By: Dated: Board of Supervisors Approved As to Form: County Counsel CITY OF: Santa Ana ATTEST: BY YU a;-- David N. Ream By: _City Manager City Clerk Dated: Approved As to Form: City Attorney 'Cv: JOSEPH W. FLET HER City Attorney Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY C� Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: SIGNCU Nnu vu. n•�� ..-.. THIS THE 6THASBEENOELNERED THE C IRMAN OF iH ARD ATTEST DARLENpjJ.BL OM oeuK, C. THE NBOARD OFFOSUPERVISORS IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each -which shall for all purposes be deemed an original thereof. COUNTY OF ORANGE By: 1 Y Board of Supervisors Dated: I 3 •e Z'r' Approved As to Form: County Counsel CITY OF:U C l l OI�1 ATTEST: By:r-^- MP�{o2 City Clerk Dated: 3- 2-z- O S Approved As to Form: City Attorney gw MSO r Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUM T HAS BEEN DELIVERED TO THE C IRMAN OF TH ARD ATTEST / 1. . . �/q DARLEN J. BLOOM CLERK QF THE BOARD OF SUPERVISORS r� u IN WITNESS WHEREOF, the Panics and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF ORANGE 10 Board of Supervisors Dated: Approved As to Form: County Counsel CITY OF: Tustin ATTEST: By: _ Ivy By: Lou Bone, Mayor Dated: March 7, 2005 Approved As to Form: City Attorney 4 Lois Jeffrey Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY 10 Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: IM Dated: Authority Counsel 0 0 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF ORANGE By: Board of Supervisors Dated:.. 3'v 4-1 Approved As to Form: County Counsel ATTEST: Richard A. Freschi, Mayor Bv: Approved As to Form: City Attorney i i Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY 0 Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: LE Dated: Authority Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUM T HAS BEEN DEWEREDTO THE C IRMAN OF TH ARD ATTEST 0 0 IN WITNESS WBBREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of Us instrument, each which shall for all purposes be deemed.an original thereof. COUNTY OF 0 GE By. Board of Supervisors Dated: Approved As to Form: County Counsel lr��a--oma( CITY OF: WESTMINSTER ORANGE COUNTY FIRE AUTHORITY Lo Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: By. Authority Counsel By: -�--.G/-. � — –e_a�Dated: Margi L. Rice, Mayor 'Dated: t-� — ATTEST: Maria rera , City Clerk Dated: Approved As to City Atto**+ Joint Agreement Nov232004 SIGNED AND THIS DOCUN THE C) .D THAT A COPY Ot BEEN DELIVERED 0 OF TH A♦� J _ l0 OF SUPERVISORS l 0 0 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF ORANGE By: IV 11-y' kyf ' v Board of Supervisors Dated: // Approved As to Form: County Counsel .�M Ern ATTEST: City Clerk Dated: 7—yc " 019 Approved As to Form: City Attorney 2", K, ah1laxst. BEST BEST & KRIEGER, LLP Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY Dated: ATTEST: Chairman of the Authority APPROVED AS TO FORM: M Dated: Authority Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMFJ' HAS BEEN DEIIVEREDIO THE C IRMAN of 1H ARD A"ESI - 1 DARLEN J. BL OM 0 E K COUNTO CALIOFORNIA RVISORS AMENDMENT TO JOINT AGREEMENT FOR THE IMPLER'IENTATION AND OPERATION OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM DATED JANUARY 30, 1996 WHEREAS, the parties hereto previously entered into that JOINT AGREEMENT FOR THE IMPLEMENTATION AND OPERATION OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM dated January 30, 1996 and fully executed April 24, 1996 (hereinafter referred to as "Joint Agreement"); and WHEREAS, Section 15 of the Joint Agreement which addresses the issue of Cost Sharing for the 800AM Backbone System expenses, provides in material part: "the Governance Committee shall specify the appropriate costs to be included in this cost sharing arrangement and the formula on how these costs shall be distributed to the Parties to the Agreement. This distribution of costs shall be included as an amendment to this agreement after the mutual approval of the Parties to the Agreement'; and WHEREAS, the parties to the Joint Agreement have now reached consensus on the appropriate costs and how these cost shall be distributed to the parties, and intend this document to be the Amendment to the Joint Agreement in which that consensus is set forth. NOW, THEREFORE, the parties agree as follows: Delete Section 15 SYSTEM MODIFICATIONS AND COST SHARING located on Page 13 of the Joint Agreement, and substitute the following in its place: "15 SYSTEM MODIFICATIONS AND COST SHARING 15.1 System Modifications System modifications may be needed from time -to -time to meet the changing needs of Participating Agencies. System modifications, expansions or enhancements will not be allowed without technical review by the County and approval by the Governance Committee. System modifications recommended by County and agreed to by the Governance Committee will then be forwarded to Governing Authorities for approval, as appropriate, and implemented by County. 0 0 Cost sharing of future System Backbone modifications shall be determined based ` on the benefit to be derived by individual Participating Agencies. The cost for any modification intended for the sole use and support of a single Participating Agency shall be bome by that Participating Agency. The cost for any modification intended to improve service for an identifiable group of Participating Agencies in a local area or Net shall be shared by those Participating Agencies in a manner agreeable to those Participating Agencies. The cost-sharing formula for future System modifications involving all Participating Agencies will be developed by the Governance Committee and agreed to by the Governing Authorities. 15.2 Cost Sharing Beginning July 1, 2002 A. Effective Date/Percentage Share The Cities and Orange County Fire Authority (OCFA) will commence System Backbone cost sharing payments as of July 1, 2002. The following table represents the respective aggregate obligations for the cost of the System Backbone expressed as a percentage of the total cost: I. FY 02-03 a. County's share of cost 151% b. Cities'/OCFA's share of cost 49% 2. FY 03-04 a. County's share of cost 45.6% b. Cities'/OCFA's share of cost 54.4% 3. FY 04-05 and thereafter a. County's share of cost 40.18% b. Cities'/OCFA's share of cost 59.82% The individual obligations for the cost of the System Backbone, as approved by the Governance Committee, for each of the Cities and OCFA shall be determined by dividing the number of radios that each of the Cities and the OCFA, respectively, are operating on the System by the total number of radios that the Cities and OCFA are collectively operating on the System. The resulting ratios shall each be multiplied by the aggregate percentage obligations of the Cities and OCFA for each fiscal year as set forth above. The resulting products shall be the Cities' and 0 0 OCFA's individual percentage obligations for the cost of the System Backbone in each applicable fiscal year. 15.3 Cities/OCFA Payment of FY 02-03 Backbone Costs A. County is authorized to transfer from the County's Site Development and Infrastructure Fund to the County General Fund, an amount equal to the Cities' and OCFA's FY 02-03 share of cost for System Backbone operations. The purpose of this transfer is to finance Cities' and OCFA's FY 02-03 share of the System Backbone costs and to allow cities and OCFA to pay said costs over a period of time. Furthermore, it allows the County to receive said amount in its General Fund as was budgeted for FY 02-03. B. Each city and OCFA will amortize its share of the FY 02-03 System Backbone costs, interest free, over a period of 5 years, commencing July 1, 2003, by paying back to County 20% of its share of the FY 02- 03 System Backbone cost each year thereafter for five years. Each city and OCFA shall make this payment to County along with its regular System Backbone cost-sharing expense. payment for that particular fiscal year. 15.4 Annual Payment Commencing July 1, 2003, and continuing each year thereafter, each city and OCFA will contribute 100% of its allocated share of the System Backbone costs based on the formula set forth in 15.2.A above. Said payments shall be made on a quarterly basis in advance within thirty days of billing. 15.5 New Site Development and Infrastructure Fund The County will place the approximately $4.1 million currently in the County's Site Development and Infrastructure Fund, less the amount County is allowed to deduct from that fund pursuant to 15.3.A. above, into a separate Site Development and Infrastructure Fund. This fund will be controlled by the 800 MHz Governance Committee. Each project financed from this fund will require prior 800 MHz Governance Committee approval. Each expenditure from the Site Development and Infrastructure Fund must be utilized for County's share of site development and/or infrastructure costs. On June 30, 2008, any remaining balance in the Site Development and Infrastructure Fund shall be administratively transferred to the County General Fund without further approval by the 800 MHz Governance Committee, cities or the OCFA. 15.6 Exclusive Backbone System Costs 0 0 Unless otherwise authorized by separate agreement or an amendment to the Joint Agreement for the Implementation and Operation of the 800-- N iz CCCS (the "800 MHz CCCS Joint Agreement'), none of the cost elements covered thereunder shall be included in other service agreements between the County of Orange and the Cities or OCFA. ,15.7 No Change to Governance Structure The Governance Committee structure set forth in Section 18 of the 800 MHz CCCS Joint Agreement, to oversee the cost of operations, projects financed from the Site Development and Infrastructure Fund, and to set policies regarding use of the System, is not changed by this Amendment. 15.8 New Users of CCCS New users of the System shall be charged pursuant to the policy established by the Governance Committee under Section 16 of the 800 MHz CCCS Joint Agreement. 15.9 Budget/Year-End Settlement A. The System budget and allocation of expenses will be submitted for approval to the Governance Committee ninety (90) days in advance of each fiscal year and communicated to the Cities/OCFA for purposes of including same in their budgets for the next fiscal year. B. As soon as practicable following the end of each fiscal year, a final accounting shall be performed to determine the actual cost of backbone system operations, infrastructure and maintenance costs for that fiscal year. Thereafter, to the extent there have been contributions made by the county, each city, each participating agency and the OCFA which exceed the actual cost of operations and maintenance, the amount of said excess contributions shall be credited to each party in the same proponion as was used to create the excess. In the event of a shortfall, each party shall be billed its pro -rata share of the shortfall, which shall be paid in the first quarter payment for the next fiscal year following the fiscal year of the shortfall. 15.10 800 MHz CCCS Site Revenues In the event County decides to generate revenues from the commercial, non-governmental sector by leasing space at the County's radio sites, the following shall apply: E 0 A. The use of said radio sites shall not interfere with or degrade the efficiency of the System. B. The net revenues generated from such use shall be shared among the parties to this 800 MHz CCCS Joint Agreement in the same proportion as each party contributed to the maintenance and repair of the radio site(s) for the fiscal year the revenue is generated, up to the amount of each party's contribution for maintenance and repair of the base radio site(s) from which the revenue is generated. All additional net revenues shall go to the County. 15.11 Effective Date The effective date of this Amendment to the 800 MHz CCCS Joint Agreement shall be July 1, 2003." 2. All other provisions contained in the 800 MHz CCCS Joint Agreement shall remain unchanged. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this Amendment, each which shall for all purposes be deemed an original thereof. COUNTY OF ORANGE Approved As to Form: County Counsel By k '4-'h Dated: � — .2q— Dated: G -1.0- 03 SIGNED AND CERTIFIE: = 1MIS7V41E 11ATTECLESUPEORA6nalA CITY OF: ALISO VIEJO ATTES ' By: WILLIAM PHILLIPS, MAYOR PRO TEMPORE By: Approved As To Form: SCOTT SMITH CITY OF: &14!�re f By: (ZO411* A�oz 114! City Clerk Dated: f D -f -0 Approved As To Form: THE FOREGOING INSTRUMENT IS A FULL, TRUE AND CORRECT COPY OF F ORIGJNAL ON FILE IN THIS OFFICE. ATTEST:.(g, -?n d' SHERYLL SCHROEDER, CITY CLERK ;OFF THE CITY OF ANAHEIM 131f DEPUTY CITY CLERK y - 0 0 CITY OF: • EREA 0 MAYOR Dated: Approved As To Form: City Attorney CITY OF: Buena Park Al a City Clerk Dated: September 23, 2003 Approved As To Form: City Attorney / �J.fi u 4 J� • 0 EXCERPT MINUTES OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA A regular meeting of the City Council of the City of Costa Mesa was held on August 18, 2003, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. COUNCIL MEMBERS PRESENT: Monahan, Steel, Cowan, Mansoor, Scheafer COUNCIL MEMBERS ABSENT: None "On motion by Council Member Cowan, seconded by Mayor Pro Tem Steel, and carried 5-0, the remaining Consent Calendar items were approved as recommended. The following action was taken regarding the amendment to the 800 MHz Joint Agreement: The amendment to language in Section 15 and 19 of the Joint Powers Agreement for the Implementation and Operation of the Orange County 800 MHz Countywide Coordinated Communication System, dated December 15, 1995, was approved. The amendment to the Joint Agreement for the Implementation and Operation of the Orange County 800 MHz Countywide Coordinated Communication System was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City." ADJOURNMENT: The Mayor declared the meeting adjourned at 2:15 a.m. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify the foregoing to be a full, true, and correct copy of the minute entry on record in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 216t day of August, 2003. Dep City Clerk and ez-officio Clerk of the th4,City Council of the City of Costa Mesa 0 CITY OF: Costa Mesa ATTEST By: Lo Mayor of Costa Mesa By: Deputy City CI Dated: August 20, 2003 Approved As To Form: City Attorney 0 CITY OF: CYPRESS Mayor ATTEST: Dated: 8/25/03 Approved As To Form: A.d. City Attorney �� • 0 CITY OF: Dana Point M- ATTES ATTES City Clerk, Susan Ramos Dated: G%"Ma Approved As To Form: City Attorney rick Munoz CITY OF: kan IL2L ill \kL] 1 Q ( { City Clerk Dated: �e --b-c) Approved As To Form: 0 CITY OF: 'U I.l-Q.12 117 hi L City Clerk Dated: 9 - q " 0 3 Approved As To Form: 0 MUTIMenre W,00OV-111 �i�ii� Mayor: Attest: cil a I \� tj City rk Dated: d—A '03 Approved As to Form: City Attorney 0 Amendment to the Joint Agreement for the Implementation and Operation of the Orange County 800 MHz Countywide Coordinated Communications System IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year fust above written. {� �t a municipal corporation of the State of California By: f,.._ CnA!.+Y.i N. BC�fiC pfi5Yl1�}`I�F: 0 Mayor APPROVED AS TO FORM: By: titin S'f4 w ATTEST: / City Clerk /z// V03 A t n 0 a t s. PROVED AS TO FORM: print name ( j Deputy County Counsel y. - City Attorney z)y q[NED AND CERTIFIED THAT A COPY Of IHIS DOCUMENT HAB. BEEN DELIVERED TO THE CHkUM OF N, BOARD CURK Of I ORANGA COUNN C M OF �� INITIA D AND APPROVED: Information ervic Director REVIEWED AND APPROVED: ity Administrator • CITY OF: N+ rtiF-- 0 Approved As To Form: City Attorney M Kvcy 0 CITY OF: LA HABRAA ATTEST: By: By: MAYOR, Juan Garcia �4 O PO �\ JAIkUARY 20 1925 City Clerk , Sharie Apodaca l FOF CAL1Fa Dated: August 4, 2003 Approved As To Form: CITY OF: La Palma ATT L- M 0 Dated: !a20CkWQv 1ln f Approved As To Form: City Attorney 0 CITY OF: u ATTEST: � By: m ?(el--te City Clerk Approved As To Form: City Attorney 401"ONTIv C") CITY OF: ATT S By: By: E Hills City Cleric Mary n. Caris'in Dated: August 26, 2003 Approved As To Form: City Attorney 1-6i s E. Jeff r6i ' / 0 0 0 CITY OF LAGUNA NIGUEL Dated: August 20, 2003 By: ! 6 Mike Whipple Title: Mayor ATTEST: Pamela Lawrence Acting City Clerk APPROVED AS TO FORM BY THE CITY ATTORNEY FOR THE CITY OF LAGUNA NIGUEL, CALIFORNIA City 0 0 CITY OF: Ado 0c�s ATTE! `T' By: ` " By: City Clerk Dated: 111,:�rlDi Approved As To Form: City Attorney 0 ^1r1 ter. By: MAYOR ATTEST: T City Clerk i.- 4 Dated: August 5, 2003 Approved As To Form: City Attorney w 0 0 ATTEST: Susan C. Vanderpool, City Clerk Dated: a -/o -t- 0 APPROVED AS TO FORM: 01VIJAP De erleth, ity Attorney 0 0 CITY OF: a .J lie a �I✓a�W . r � F City Clerk e+a//a�� rao�na+s•a•�+ALQk•'R Dated: = Approved As To Form: GJi��C a�`C d � City Attorney CITY OF M ... IM 0 0 LaVonne Harkless, City Burnham, City Attorney Dated: / G CERTIFIED) P A TRUE A14 CORRECT COPY � fT �� Bwtn. or.• �'bbVY�� IJI�V �� CRY CLERK OF THE CffYQF NFYry RT aEACH DATE: _ :V)XQ3 171 0 MINUTES ORANGE COUNTY FIRE AUTHORITY Executive Committee Meeting August 28. 2003 12. Approval of SOOIVIH2 Backbone Cost -Sharing Agreement with Orange County Sheriff Department, Communications Division On motion of bice Chair Blake and second by Director Ritschel, the Executive Committee voted unanimously to approve the terms of the Amendment to the Joint Agreement for the Implementation and Operation of the Orange County 800 MHz Countywide Coordinated Communications System (CCCS) and authorize the Fire Chief to execute two copies of the Joint Agreement Amendment. OCFA Minutes Executive Committee Meeiine August 28, 2003 0 ORANGE COUNTY FIRE AUTHORITY By Cha' an Dated: ATTEST: Y 1" CUl c ICA.A , Ll Clerk of the Authority APPROVED A�S'XO FORM: By: Authority Counsel F Dated: `~ �' ` E 0 0 CITY OF: ORANGE By: A QN Mafrk A. Murphy, 4110r By: ATTEST: City Clerk Cassandra J. Cathcart Dated: 17 ZOo 3 7— Approved As To Form: E CITY OF: ATTEST: By: SCOTT P. B4DY, MAYOR 0 ille '011W91 VA Dated: OCTOBER 21, 2003 Approved As To Form: City Attorney THOMAS F. NIXON, CITY ATTORNEY 0 0 0 ATTEST: B Thompson, Mayor By: Debbie Zaun, City Coe k Dated: Z4 AV Approved As To Form: City Attorney o n E. Cavanau City tt� ney 0 CITY OF SAN CLEMENTE r ���`ii/�% /� /i Stepbanie —D ie Title: Mayor ATTEST: CITY C of the City of San Clej%ente, California Dated: "S 0..5 Approved as to Form 0 0 0 The City of San Juan Capistrano approves the terms of the Amendment to the Joint Agreement for the Implementation and Operation of the Orange County 800 MHz Countywide Coordinated Communications System. rLod I WAV91 I ATTEST: v� City Clerk AS TO FORM: John N Shaw, City Attorney Date 1-3-63 Date Dat instrument tai r roat tftadpioelan fhe telatlalllA�-"r 20 leis oH'rce. Attest:�111GG�� City Clerk of the Cit,w' n Ota1Ba 0 CITY OF: SANTA ANA B: DAVID N. REAM City Manager ATTE H• Y City Clerk Dated: Approved As To Form: City Attorney JOSEPH W. FLETCHER "J � 0 CITY OF: SEAL BEACH A ST: ; By: By C Clerk Dated: gz00 Approved As To Form: City Attorney d (?J2� Patricia E. Camj5beTl, Okayor City of Seal Beach CITY OF: STAN! T71 N ATTEST- By: By: salaoa C�r.��•- City Clerk Dated: cop'(49 ^ 03 Approved As To Form: City Attorney 9 CITY OF: Tustin ATTEST' By: r 0 `. " By: Tracy Worley Hagen, Mayor x/7✓r +� �[ City Clerk, Pamela Stoker Dated: August 4, 2003 Approved As To Form: City Attorney Lois Jeffrey., • • i Cl Dated:°%� Approved As To Form: City Attorney • CITY OF WESTMINSTER -.! Don Vestal, City Manager ATTEST: Marian ?3.wtreras,�C4 Clerk Approved As To Form: CITY OF: • YORBA LINDA JAMES N. WINDER MAYOR ATTEST: r /�- City Clerk Dated: Approved As To Form: BEST BEST & KRIEGER, LLP City Attorney Aov.a, k. ej- vV .Q.6,,r- SONIA R. CARVALHO 11 CITY OF: ATTEST: �—vj By: Approved As To Form: City Attorney i l CONTRACT/JT.AGREE.DOC 1M:skb 01/30/96 8:49 AM Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PM 1239-10 GSA/Communications (Signal Peak) LICENSE This License is made p}fo 1990, by and between the COUNTY OF ORANGE, hereinafter referrlmed to as ' and the CITY OF NEWPORT BEACH, hereinafter referred to as "LICENSEE," without regard to number and gender. 1. DEFINITIONS (PML2.1 N) The following words in this License have the significance attached to them in this clause, unless otherwise apparent from context: "Real Estate Manager" means the Manager of the Real Estate Division of General Services Agency of the County of Orange, or his designee. "Communications Manager" means the Manager of the Communications Division of the General Services Agency of the County of Orange, or his designee. 2. TERM (PML3.1 N) This License shall become effective upon the date first above written and shall continue in effect for five years unless terminated as provided in Clause 3 (TERMINATION) of this License. 3. TERMINATION (PML3.2 S) This License shall be revocable by either COUNTY or LICENSEE at any time; however, as a courtesy to LICENSEE, Real Estate Manager will attempt to give 30 days prior written notice to LICENSEE upon revocation. 4. LICENSE AREA (PML4.2 N) COUNTY grants to LICENSEE the non-exclusive right to use that certain property hereinafter referred to as "License Area," shown on "Exhibits A, B, and C," attached hereto and by reference made a part hereof. 5. USE (PML5.1 N) LICENSEE's use of the License Area shall be limited to the installation and operation of certain communications equipment to be used by LICENSEE in carrying out its official activities. Such communications equipment is described on "Exhibit D" attached hereto and by reference made a part hereof. LICENSEE may modify said "Exhibit D" upon written approval of such modification from Communications Manager. Access to the License Area shall not be permitted without proper escort by GSA/Communications Division staff. CW:cv:nd 2529w-1 10-17-89 Be 1 LICENSEE agrees not to use the License Area for any other purpose nor to engage in or permit any other activity within or from the License Area. LICENSEE further 2 agrees not to conduct or permit to be conducted any public or private nuisance in, on, or from the License Area, not to commit or permit to be committed waste on the 3 License Area, and to comply with all governmental laws and regulations in connection with its use of the License Area. 4 6. USE FEE (PML6.1 N) 5 LICENSEE agrees to pay COUNTY on and after the effective date of this license an 6 annual fee for the use of the License Area in accordance with the fee schedule set forth in "Exhibit E", or as such fee schedule may be changed from time to time by 7 the Board of Supervisors. 8 Said annual fee shall be payable in advance, without prior notice or demand, on each anniversary of the commencement of the terve of this License while this License is in 9 effect without deduction or offset in lawful money of the United States. 10 Should LICENSEE modify its communication equipment as allowed under Clause 5 (USE) above, LICENSEE shall pay as of the effective date of Communications Manager's 11 approval of said modification, the appropriate charges according to the then current fee schedule as set by the Board of Supervisors. 12 If special mounts are required for LICENSEE's antenna, all costs for such mounts, 13 including construction and installation, shall be paid by LICENSEE at LICENSEE's sole expense. LICENSEE must obtain written approval from Communications Manager 14 prior to construction and installation of any such special mounts. 15 In the event any obligation herein to pay fee(s) begins on other than the effective date of this License or ends prior to the expiration of the five-year term of this 16 license fee(s) shall be prorated accordingly to reflect the actual period of use. 17 7. PROCESSING FEE (PML6.3 S) 18 A processing fee of $300.00 has been paid to COUNTY for issuance of this License. Said processing fee is deemed earned by COUNTY and is not refundable. 19 8. PAYMENT PROCEDURE (PML7.1 S) 20 All payments shall be delivered to the County of Orange, Office of 21 Auditor -Controller, P. 0. Box 567 (630 North Broadway), Santa Ana, California 92702. The designated place of payment may be changed at any time by COUNTY upon 22 ten days written notice to LICENSEE. Fee payments may be made by check payable to the County of Orange. LICENSEE assumes all risk of loss if payments are made by 23 mail. 24 No payment by LICENSEE or receipt by COUNTY of a lesser amount than the payment due shall be deemed to be other than on account of the payment due, nor shall any 25 endorsement or statement on any check or any letter accompanying any check or payment as payment be deemed an accord and satisfaction, and COUNTY shall accept 26 such check or payment without prejudice to COUNTY's right to recover the balance of said payment or pursue any other remedy in this License. 27 CW:cv:kdl 28 2529w-2 -2- 10-17-89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w 9. CHARGE FOR LATE PAYMENT (PML7.2 S) LICENSEE hereby acknowledges that late payment of sums due hereunder will cause COUNTY to incur costs not contemplated by this License, the exact amount of which will be extremely difficult to ascertain. Such costs include but are not limited to costs such as administrative processing of delinquent notices, increased accounting costs, etc. Accordingly, if any payment pursuant to this License is not received by COUNTY by the due date, a late charge of 1.5% of the payment due and unpaid plus $100 shall be added to the payment, and the total sum shall become immediately due and payable to COUNTY. An additional charge of 1.5% of said payment, excluding late charges, shall be added for each additional month that said payment remains unpaid. LICENSEE and COUNTY hereby agree that such late charges represent a fair and reasonable estimate of the costs that COUNTY will incur by reason of LICENSEE's late payment. Acceptance of such late charges (and/or any portion of the overdue payment) by COUNTY shall in no event constitute a waiver of LICENSEE's default with respect to such overdue payment, or prevent COUNTY from exercising any of the other.rights and remedies granted hereunder. 10. UTILITIES (PML9.1 N) COUNTY shall be responsible for and pay, prior to the delinquency date, all charges for utilities supplied to the License Area. 11. OPERATIONS (N) The operation of LICENSEE's equipment shall be in accordance with all applicable rules and regulations of the Federal Communications Commission and any deviation therefrom shall be cause for COUNTY to demand that LICENSEE cease the deviation immediately. Should the operation of LICENSEE's communications equipment, in the opinion of Communications Manager, interfere with the operation of COUNTY's communications equipment or any other equipment installed on Signal Peak, LICENSEE herein authorizes Manager, GSA/Communications to eliminate said interference by modifying LICENSEE's equipment as necessary. 12. CONTROL OF LICENSEE'S EQUIPMENT (N) LICENSEE agrees that all communications equipment installed and operated within the License Area shall be the property of or, alternatively, be under the legal control of the LICENSEE. CW:cv:nd 2529w-3 10-17-89 512 1 2 3 4 5 6 7; 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 13. INSURANCE (PML10.1 S) LICENSEE shall maintain insurance acceptable to Real Estate Manager in full force and effect throughout the term of this License. The policy or policies of insurance maintained by LICENSEE shall provide the following limits and coverages: LIABILITY INSURANCE Coverage Comprehensive General Liability, to include broad form property damage Minimum Limits $1,000,000 combined single limit Insurance shall be in force the first day of the term of this License. Each insurance policy required by this License shall contain the following three clauses: A. "This insurance shall not be cancelled, limited in scope of coverage or non -renewed until after 30 days written notice has been given to the County of Orange, General Services Agency/Real Estate Division, P. 0. Box 4106, Santa Ana, California 92702-4106." B. "County of Orange is added as an insured as respects operations of the named insured at or from the License Area occupied and used by the named insured pursuant to that certain License issued by the County of Orange." C. "It is agreed that any insurance maintained by the County of Orange will apply in excess of, and not contribute with, insurance provided by this policy." LICENSEE agrees to deposit with Real Estate Manager, before the effective date of this License, certificates of insurance necessary to satisfy Real Estate Manager that the insurance provisions of this License have been complied with and to keep such insurance in effect and the certificates therefor on deposit with Real Estate Manager during the entire term of this License. THIS LICENSE SHALL AUTOMATICALLY TERMINATE AT THE SAME TIME LICENSEE'S INSURANCE COVERAGE IS TERMINATED. IF WITHIN 10 DAYS AFTER TERMINATION UNDER THIS CLAUSE, LICENSEE OBTAINS AND PROVIDES EVIDENCE OF THE REQUIRED INSURANCE COVERAGE ACCEPTABLE TO REAL ESTATE MANAGER, THIS LICENSE MAY BE REINSTATED, AT THE SOLE DISCRETION OF REAL ESTATE MANAGER. IF REINSTATED, LICENSEE SHALL PAY $200 TO COVER THE PROCESSING COSTS INCURRED BY COUNTY. LICENSEE agrees that LICENSEE shall not operate on the License Area at any time the required insurance is not in full force and effect as evidenced by a certificate or official binder being in the possession of Real Estate Manager. In no cases shall assurances by LICENSEE, its employees, agents, including any insurance agent, be construed as adequate evidence of insurance. LICENSEE also agrees that upon cancellation, termination, or expiration of LICENSEE's insurance, that COUNTY may take whatever steps are necessary to interrupt any operation from or on the License Area until such time as the License is reinstated by the Real Estate Manager. 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LICENSEE further agrees to hold COUNTY harmless fo interruption of business including but not limited loss of income or business resulting from COUNTY's • r any damages resulting from such to damages resulting from any action. Real Estate Manager shall have the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of Real Estate Manager, insurance provisions in this License do not provide adequate protection for COUNTY and for members of the public using the License Area, Real Estate Manager may require LICENSEE to obtain insurance sufficient in coverage, form, and amount to provide adequate protection. Real Estate Manager's requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of the risks which exist at the time a change in insurance is required. The procuring of such required policy or policies of insurance shall not be construed to limit LICENSEE's liability hereunder nor to fulfill the indemnification and hold harmless provisions and requirements. 14. LIMITATION OF THE LICENSE (PML13.2 N) This License and the rights and privileges granted LICENSEE in and to the License Area are subject to all covenants, conditions, restrictions, and exceptions of record or apparent, including those which are set out in that certain Signal Peak Ground Lease dated December 17, 1986, between COUNTY and The Irvine Company (TIC) relative to the development, operation or maintenance of the electronic communication facilities at Signal Peak, or any subsequent agreement between said parties. Nothing contained in this License or in any document related hereto shall be construed to imply the conveyance to LICENSEE of rights in the License Area which exceed those owned by COUNTY. 15. NOTICES (PML14.1 S) All notices pursuant to this License shall be addressed as set forth below or as either party may hereafter designate by written notice and shall be sent through the United States mail in the State of California duly registered or certified with postage prepaid. If any notice is sent by registered or certified mail, as aforesaid, the same shall be deemed served or delivered 24 hours after mailing thereof as above provided. Notwithstanding the above, COUNTY may also provide notices to LICENSEE by personal delivery or by regular mail and any such notice so given shall be deemed to have been given upon receipt. CW:cv:kdl 2529w-5 10-17-89 9&'fl • TO: COUNTY County of Orange GSA/Communications Division 1985 South Santa Cruz Street Anaheim, CA 92805 and • TO: LICENSEE City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 County of Orange GSA/Real Estate Division P. 0. Box 4106 Santa Ana, CA 92702 16. ATTACMENTS TO LICENSE (PML15.1 S) This License includes the following, which are attached hereto and made a part hereof: GENERAL CONDITIONS Exhibits Exhibit A - Site Plan Exhibit B - Floor plan Exhibit C - Antenna Plan Exhibit D - Description of Licensee's Equipment Exhibit E - Fee Schedule CW:cv:nd 2529w-6 -6- 10-17-89 IN WITNESS WHEREOF, the parties have executed this License the day and year first above written. LICENSEE CITY OF NEWPORT BEACH Ct By f _ I Robert Wynn, City Manag APPROVED AS FORM: County Counsel By 9 G RECOMMENDED FOR APPROVAL: General Services Agency Communications Division By /s/ Robert C. Jones COUNTY COUN�H ORANGE yct , uJn/tical UQU, u Iv la IVII Board Resolution No. 85-871 CW:cv:nd 2529w-7 -7- 10-17-89 1 2 3 4 5 6 7 8 _ w • 1. GENERAL CONDITIONS (PMLG1-15 S) 1. PERMITS AND LICENSES (PMLG1 S) LICENSEE shall be required to obtain any and all permits and/or licenses which may be required in connection with the operation of the License Area as set out herein. No permit, approval, or consent given hereunder by COUNTY, in its governmental capacity, shall affect or limit LICENSEE's obligations hereunder, nor shall any approvals or consents given by COUNTY, as a party to this Agreement, be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules, or regulations. 9 2. LICENSE ORGANIZATION (PMLG3 S) 10 The various headings and numbers herein, the grouping of provisions of this License 11 into separate clauses and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be considered otherwise. 12 3. AMENDMENTS (PMLG4 S) 13 This License is the sole and only agreement between the parties regarding the 14 subject matter hereof; other agreements, either oral or written, are void. Any changes to this License shall be in writing and shall be properly executed by both 15 parties. 16 4. UNLAWFUL USE (PMLG5 S) 17 LICENSEE agrees no improvements shall be erected, placed upon, operated, nor maintained on the License Area, nor any business conducted or carried on therein or 18 therefrom, in violation of the terms of this License, or of any regulation, order of law, statute, bylaw, or ordinance of a governmental agency having jurisdiction. 19 5. INSPECTION (PMLG6 S) 20 COUNTY or its authorized representative shall have the right at all reasonable times 21 to inspect the operation to determine if the provisions of this License are being complied with. 22 6. INDEMNIFICATION (PMLG7 S) 23 LICENSEE hereby waives all claims and recourse against COUNTY including the right of 24 contribution for loss or damage of persons or property arising from, growing out of, or in any way connected with or related to this License except claims arising from 25 the concurrent active or sole negligence of COUNTY, its officers, agents, and employees. LICENSEE hereby agrees to indemnify, hold harmless, and defend COUNTY, 26 its officers, agents, and employees against any and all claims, loss, demands, 27 RA:sf:kdl 1585w-1 -1- 28 1 10-17-89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w • damages, cost, expenses, or liability costs arising out of the operation, use, or maintenance of the property described herein, and/or LICENSEE's exercise of the rights under this License, except for liability arising out of the concurrent active or sole negligence of COUNTY, its officers, agents, or employees, including the cost of defense of any lawsuit arising therefrom. In the event COUNTY is named as co-defendant, LICENSEE shall notify COUNTY of such fact and shall represent COUNTY in such legal action unless COUNTY undertakes to represent itself as co-defendant in such legal action, in which event LICENSEE shall pay to COUNTY its litigation costs, expenses, and attorney's fees. In the event judgment is entered against COUNTY and LICENSEE because of the concurrent active negligence of COUNTY and LICENSEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 7. PARTIAL INVALIDITY (PMLG9 S) If any term, covenant, condition, or provision of this License is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the Provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 8. WAIVER OF RIGHTS (PMLG10 S) The failure of COUNTY to insist upon strict performance of any of the terms, covenants, or conditions of this License shall not be deemed a waiver of any right or remedy that COUNTY may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the License thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the License. Any waiver, in order to be effective, must be signed by the party whose right or remedy is being waived. 9. DISPOSITION OF ABANDONED PERSONAL PROPERTY (PMLG13 S) If LICENSEE abandons the License Area or is dispossessed thereof by process of law or otherwise, title to any personal property belonging to LICENSEE and left on the License Area 10 days after such event shall be deemed, at COUNTY's option, to have been transferred to COUNTY. COUNTY shall have the right to remove and to dispose of such property without liability therefor to LICENSEE or to any person claiming under LICENSEE, and shall have no need to account therefor. 10. TIME OF ESSENCE (PMLG14 S) Time is of the essence of this License Agreement. Failure to comply with any time requirements of this License shall constitute a material breach of this License. 11. NO ASSIGNMENT (PMLG15 S) The License granted hereby is personal to LICENSEE and any assignment of said license by LICENSEE, voluntarily or by operation of law, shall automatically terminate the License granted hereby. RA:sf:kdl 1585w-2 10-17-89 -2- e- K"widd pay S;IVA $US,* A MMAL COSCA"I %�Jlj*ot SlItnal U C e- K"widd pay S;IVA $US,* A MMAL COSCA"I %�Jlj*ot USE LOOR SPACE &-' R USER FREQUENCY / ,X *.r 4z 0a MH ANTENNA LOCATION- % CABLE RUN E LUUNIY Vr UKANGE SIGNAL PEAK SITE DESCRIPTION OF PERMITTEE'S EQUIPMENT transmitter Receiver FCC Call Sign KA6EEK KA6EEK Model Number FTR-2410 FTR-2410 Serial Number 7G290024 7G290024 RF Frequency (MHz) .145.160 MHz 145.160 MHz Tone Frequency (Hz) 100.0 Hz 100.0 Hz Burst or Continuous Tone CONT. Power Output (Watts) 10/40w ERP (Watts) 18/78w Type of Cavity BpBr BpBr Model No. of Cavity WACOM 639 WACOM 639 Type of Antenna CELWAVE CELWAVE Model of Antenna PO -220-142 PO -220-142 Gain of Antenna (dBd) 5.8 5.8 Direction of Radiation (0T) 3600 3600 Diameter or Length of Antenna (ft.) 22 1 22/ Type and Model of Feed Line ANDREWS LDF5-SOA ANDREWS LDF5-50A Rack Space Required (Vertical In.) 36" 36" Owner of Equipment: ALERT RADIO SYSTEM (Use duplicate forms as needed) EXHIBIT 0 Page of- Celwave Antenna PD221 Celwave Duplexer P0526-4 Sinclair Circulator P03113 Vocom RF Amplifier 40 Watts Output Yeasu FTR-5410A 445.400 MHz Output 440.400 MHz Input Advanced Computer Controls RC -85 Repeater Controller Celwave Duplexer 639 Celwave Circulator CC150-AA Vocom R.F. Amplifier 40 Watts Output Yeasu FTR-2410A 145.160 MHz Output 144.560 MHz Input Advanced Computer Controls RC -85 Repeater Controller Astron Power Supply RM -50A Celwave Antenna PD -220 Antenna cables and connectors TOTAL 4LERT RADIO SYSTEM $ 350.00 1029.00 510.00 FftxiTi] 1200.00 1000.00 1100.00 510.00 575.00 1200.00 1000.00 295.00 525.00 750.00 $10,619.00 _• FEE SCHEDULE One Rack Space (2' x 2' Floor Space x 74/2' high) (Mounting space for two UHF/VHF Antennas is included in the charge for a rack space.) Partial Rack space (2' x 2' Floor Space) Space for Battery Chargers, Batteries, Cavities, etc. (If this equipment occupies space that would normally be used as radio floor space, the charge will then be for rack space.) Microwave Antenna Surcharge./W a��2nc a UHF/VHF Antenna Surcharge (This will be charged if more than two antennas are installed per rack space.) RA:sf:kdl 1587w-1 10-17-89 EXHIBIT E $1,200 per year $160 per vertical foot per year $300 per s.f. per year $300 per year $150 per year R. A. SCOTT Director, General Services Agency CHARLES S. NIEDERMAN Director of Facilities, Property and Transportation JOHN R. SHADDY Manager, Real Estate Division County of Orange D, 1990 GENERAL SERVICES AGENCY REAL ESTATE DIVISION 14 Civic Canter Plaza, Third Floor P.O. Box 4106 Santa Ana, California 92702 (714)034-5503 .�flewport Beach Police Depaxt4mqmia-5956 4' P. 0. Box 7000 eft N Newport Beach, California 92658-7000 Attn: Detective Doug Parmentier OP L C9 , PM 1239-10o�"T( r� GSA/Communications License '�-=• Signal Peak Enclosed is the executed License for the City of New Beach/Newport Beach Police Department's operations a The next annual fee payment of $1,200 is due prior to July 30, 1990 and should be sent to the County of Orange, Office of Auditor -Controller, P. 0. Box 567, Santa Ana, California 92702. Since the City of Newport Beach's budget is based on the fiscal Year commencing July 1 through June 30, your annual payments will be acceptable along this schedule, due after July 1 of each year but before July 30. If you have any questions, please call me at 834-5432. CAMILE WOODARD Property Management Section Enclosure: cc: Robert C. Jones, Manager, GSA/Communications Division Jody Furo, Auditor-Controller/GSA Accounting