1996-0130_ORANGE, COUNTY OF_Joint Agreement Amd (2)AMENDMENT
TO
JOINT AGREEMENT
FOR THE
IMPLEMENTATION AND OPERATION
OF THE
ORANGE COUNTY
800 NIEGAHERTZ
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 refened to as "Joint Agreement'; and
WHEREAS, Section 15 of the Joint Agreement which addresses the issue of Cost Sharing for
the 800MHz Backbone System expenses, provides in material pari: "the Govemance Committee
shall specify the appropriate costs to be included in this cost sharing arrangement and the
formula on how these costs shall be distributed to the Parties to the Agreement. This distribution
of costs shall be included as an amendment to this agreement after the mutual approval of the
Parties to the Agreement."; and
WHEREAS, the parties to the Joint Agreement have now reached consensus on the
appropriate costs and how these cost shall be distributed to the parties, and intend this document
to be the Amendment to the Joint Agreement in which that consensus is set forth.
NOW, 'THEREFORE, the parties agree as follows:
1. Delete Section 15 SYSTEM MODIFICATIONS AND COST SHARING located on
Page 13 of the Joint Agreement, and substitute the following in its place:
1115 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 Govemance Committee. System modifications recommended by
County and agreed to by the Govemance Committee will then be forwarded to
Governing Authorities for approval, as appropriate, and implemented by County.
Cost sharing of future System Backbone modifications shall be determined based
on the benefit to be derived by individual Participating Agencies.
The cost for any modification intended for the sole use and support of a single
Participating Agency shall be home 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.
15.1 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:
1. FY 02-03
a. County's share of cost 51%
b. Cities'/OCFA's share of cost 49%
2. FY 03-04
a. County's share of cost 45.6%
b. Cities'/OCFA's share of cost 54.4%
3. FY 04-05 and thereafter
a. County's share of cost 40.18%
b. Cities'/OCFA's share of cost 59.82%
The individual obligations for the cost of the System Backbone, as
approved by the Governance Committee, for each of the Cities and OCFA
shall be determined by dividing the number of radios that each of the
Cities and the OCFA, respectively, are operating on the System by the
total number of radios that the Cities and OCFA are collectively operating
on the System. The resulting ratios shall each be multiplied by the
aggregate percentage obligations of the Cities and OCFA for each fiscal
year as set forth above. The resulting products shall be the Cities' and
OCFA's individual percentage obligations for the cost of the System
Backbone in each applicable fiscal year.
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
Find as Was budgeted for FY 02-03.
B. Each city and OCFA will amortize iL 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 vear.
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 quanerly basis in advance within thirty days
of billing.
15.5 New Site Development and Infrastructure Fund
The County will place the approximately S4.1 million currently in the
County's Sire Development and InfraslTUdnre 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 proiect
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 S00 MHz Governance Committee, cities or the OCFA.
15.6 Exclusive Backbone System Costs
Unless otherwise authorized by separate agreement or an amendment to
the Joint Agreement for the Implementation and Operation of the 800- _
W-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.
15.1 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 submined 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 proportion as was used to create the excess. In the event
of a shortfall, each pany shall be billed its pro -rata share of the
shortfall, which shall be paid in the first quaner payment for the next
fiscal year following the fiscal year of the shortfall.
15.10 800 MHz CCCS Site Revenues
In the event County decides to generate revenues from the commercial,
non-governmental sector by leasing space at the County's radio sites, the
following shall apply:
A. The use of said radio sites shall not interfere with or degrade the
efficiency of the System.
B. The net revenues generated from such use shall be shared among the
parties to this 800 MHz CCCS Joint Agreement in the same proportion
as each party contributed to the maintenance and repair of the radio
sites) for the fiscal year the revenue is generated, up to the amount of
each party's contribution for maintenance and repair of the base radio
sites) 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
BV �✓tMdl11���/S"rv_
Approved As to Form:
County Counsel
By --
Dared: 62 a2 t
Dated: C -- LL)
SIGNED AND CFRTIFIE_
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DARiEy BL" v
LLERKITF THE . " SUPERV15=
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CITY OF: ALISO VIEJO
ATTES
By:
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WILLIAM PHILLIPS, MAYOR PRO TEMPORE
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Approved As To Form:
ity Attorney
SCOTT SMITH
CITY OF: /f%t KffC-7
Cary Clerk
Dated: ro —i —o
Approved As To Form:
THE !NSTRUMEN` IS A FULL TRUE AND
CORRECT COPY OF I
�L1 LEy IN THIS
OFFICE. ATTES i
S
SHERYLL SCHROEDER CITY CLERK OF THE CITY OF ANAHEIM
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DEPUTY CITY CLERK
CITY OF:
AE T:
M
MAYOh
r
Dated:
Approved As To Form:
City Attorney
CITY OF: Buena Park
Al
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City Clerk
Dated: September 23, 2003
Approved As To Form:
City Attorney
EXCERPT
MINUTES OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA
A regular meeting of the City Council of the City of Costa Mesa was held on August 18,
2003, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa.
COUNCIL MEMBERS PRESENT: Monahan, Steel, Cowan, Mansoor, Scheafer
COUNCIL MEMBERS ABSENT: None
"On motion by Council Member Cowan, seconded by Mayor Pro Tem Steel, and carried
5-0, the remaining Consent Calendar items were approved as recommended.
The following action was taken recarding the amendment to the 800 MHz Joint
Agreement
The amendment to language in Section 15 and 19 of the Joint Powers Agreement
for the Implementation and Operation of the Orange County 800 MHz Countywide
Coordinated Communication Svstem, dated December 15, 1995, was approved.
The amendment to the Joint Aoreement 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 ) s�
CITY OF COSTA MESA )
I, JULIE FOLCIK, Deputv 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 2151 day of August, 2003.
Cep City Clerk and 6 -officio Clerk of the
th ity Council of the City of Costa Mesa
CITY OF: Costa Mesa
ATTEST
1
By:
Mayor of Costa Mesa
By— - -- -
Deputy City Cl [/
Dated: August 2C, 200_.
Approved As To Form:
City Attorney
CITY OF: CYPRESS
Mayor
ATTEST:
7mM
Dated: 8/25/03
Approved As To Form:
���. City Attorney
CITY OF: Dana Point
M-
ATTES ATTES
�f�2•sv T CTi1'�'ZL-moi crJ ;
City Clerk Susan Ramos.
Dated:
Approved As To Form:
City AtiorneyR Patrick Munoz,
CITY OF: 1-cany)�
City Clerk kc
Dated: -�' 5
Approved As To Form:
City Atto ey
CITY OF: —(A L- L- Q-JUV fQ
ATTEST: ��
By: /�
By: O'l A-10 k
City Clerk
Dated:
4-(1-03
Approved As To Form:
City of Garden•
Mayor:
Attest:
City rk
Approved As to Form:
City Attornev
Amendment to the Joint Agreement for the Implementation and Operation of
the Orange County 800 MHz Countiwide 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 first above written.
1T\' (l L^ 1Tl TAITTTIr`T!1\1 _
a municipal corporation of the State of California
LnA.,Vi N, ECFFL Fij ifit ayor
APPROVED AS TO FORM:
By:— t �6�-•- ---
ATTEST:
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City Clerk
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prim name \ j
Deputy County Counsel
-� CQty Attooey �Z
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STONED AND CER11FIED THAT A COPY DI fNITIA D AND APPROVED:
1HIS DOCUMENT HAS DUN DUFARED 10
1HE CHAIRIJAN OF T1jEl. BOARD
ATTEST:,': Lrnll L Inform ation-S'ervic Director
DAWK 11. 60M
t1FRK DF TIN 10AI40 OF UMMOM
REVIEWED AND APPROVED:
�o C� ity Administrator
CITY OF:-'y�nE_
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Dated: a 1 t g /0. —7:5
Approved As To Form:
City Attorney
M kycy
CITY OF: LA HABRA
ATTEST:
By:
By: MAYOR, Juan GarciaOV ��J Lyq
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City
City Clerk Sharie A odaca
P OF CAO�CO
Dated: August 4, 200 -
Approved As To Form:
City Atto
Richard Jafnee
CITY OF: La Palma
ATT
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Dated: \UT
Approved As To Form:
City Attorney
CITY OF:
ATTEST:
M
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City Clerk
Approved As To Form:
City Attorney
rC-oAroryT� IS,
CITY OF:
ATT�Sl�
By:
Laquna Hills
By:
City Clerk
Mary A. Larisin
Dated: August 26, 2003
Approved As To Form:
City Attorney
L6is E. ��>v��
CITY OF LAGUNA NIGUEL
Dated: August 20, 2003 By:
Mike Whipple
Title: Mavor
ATTEST:
Pamela Lawrence
Acting City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Terty E Dixolh— EKq.
City At rney 1" lo)
CITY OF: �''/��� 7 �4 �� �� G�Jo e �l S
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ATTE6T:
By:
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City Clerk
Dated:
Approved As To Form:
City Attorney
CITY OF: I aka FnrPct
ATTES � `/ /2�)117-r—'�'
By: L
B YMAYOR
ATTEST:
City Cler4
Dated: August 5, 2003
Approved As To Form:
City Attorney ��%
CITY OF: o.O o%►i
geBy: .
0MZZyffi M. Poe, Mayor
ATTEST:
Susan C. Vanderpool, City Clerk I --
Dated: R -/ a -•Q3
APPROVED AS TO FORM:
Dea erleth, ity Attorney
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CITY OF: / nj /� D
ATTEST:
By: r`
By:
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City Clerk
Dated
q-15-05
Approved As To Form:
City Attorney
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CERTIFIED ASA TRUE AN CORRECT COPY
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1�L�UT� EM CLERK OF THEE MY
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DATE: __ v' (.'+1:
MINUTES
ORANGE COUNTY FIRE AUTHORITY
ExeentiVe Committee Meeting
August 28. 2001
12. Approval of 800N1Hz Backbone Cost -Sharing Agreement with Orange County
Sheriff Department. Communications Di%ision
On motion of Vice Chair Blake and second by Director Ritschel, the ExecutiNe
Committee voted unanimously to appro\e tite terms of the Amendment to the Joint
Agreement for the Implementation and Operation of the Orange County 8001 MHz
Countywide Coordinated Communications System (CCCS) and authorize the Fire Chief
to execute txvo copies of the .loint Agreement Amendment.
OCFA Ylinutes
Executive Committee Meetinc
Aucust28,2003
ORANGE COUNTY FIRE AUTHORITY
By.
Cha' an
Dated:
ATTEST:
Clerk of the Authority
APPROVED AS -TO FORM:
By.
Authority Counsel
Dated: -`
CITY OF: ORANGE
By: & "N
M rk A. Murphy, VOr
By:
ATTEST::
City Clerk Cassandra J. Cathcart
Bated: , /� Zfic 3
Approved As To Form:
CITY OF: PLACENTIA
ATTEST:
0
SCOTT P. BPADY, MAYOR
0
9 �
City Clerk
Dated: OCTOBER 21, 2003
Approved As To Form:
City Attorney
THOMAS F. NIXON, CITY ATTORNEY
ATTEST:
Thompson, Mayor
v
By:
Debbie Zaun, City C2e k
Dated: l6='�E'`� L / dDl'
Approved As To Form:
City Attorney
o n E. Cavanau , City 4tney
CITY OF SAN CLEMENTE
Stephanie orey
Title: Mayor
ATTEST:
CITY C of the City of
San Cle ente. California
Dated: 5;7
Approved as to Form
C ttorn y
The City of San Juan Capistrano approves the terms of the Amendment to the Joint
Agreement for the Implementation and Operation of the Orange County 800 MHz
Countywide Coordinated Communications System.
CITY OF SAN JUAN CAPISTRANO
e- •
ATTEST:
-4, 4 1wtoL Zig
R. Monahan, City Clerk
AS TO FORM:
John'Rj Shaw, City Attorney
a
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Date
1-3-03
Date
Dat
he roregoing instrument1 eofre cbgy of the original on fiIP.�
zoo
ihis t11,e. Attest:
City Clerk of the City of San Juan Ca�il am., County of Oranpa
Ev: �
CITY OF: SANTA ANA
DAVID N. REAM
By:
City Manager
ATTERT;-,
i HEALY
City Clerk
Dated:
Approved As To Form:
City Attorney
JOSEPH W. FLETCHER
r) s{
CITY OF:
SEAL BEACH
Patricia E. Campbell, Mayor
City of Seal Beach
A ST: /
By:
By.` -
1
Zty'Clerk C
Dated: raLo (� Pi✓ .2 C7ur
Approved As To Form:
City Attorney
CITY OF:
SYp,m -r-o N
ATTEST
By:
i
By:
City Clerk
Dated: $ — ( 9 C),5
Approved As To Form:
City Attorney
CITY OF: Tustin
ATTEST'
By:�`
By: Tracy Worley Hagen, Mavor
---
i
CityCierlt, Pamela Stoke:
Dated. August 4, 2003
Approved As To Form:
City Attorney
Lois Jeffrey. - �'
ATTEST`
,----/
BOB-BELL, Mayor
Dated: .I
Approved As To Form:
City Attorney
CITY OF WESTMINSTER
Don Vestal, City Manager
ATTEST:
Approved As To Form:
CITY OF: YORBA LINDA
By:
JAMES N. WINDER
MAYOR
ATTEST:
vhle Yn I ri
City Clerk
Dated: �?' M—�%
roved As To Form:
T BEST & KRIEGER, LLP
City Attorney
Aow-a, k. eAvx�--
SONIA R. CARVALHC