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1996-0130_ORANGE, COUNTY OF_Joint Agreement Amd AMENDMENT TO _ JOINT AGREEMENT FOR THE IMPLEMENTATION 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 800MHz 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: 1. 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. 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 ByiHtatlCn � _ Dated: ���� Approved As to Form: County Counsel By Dated: 6 ' o e 3 SIGNED AND CERTIFIE_ = = 1105 A i MAS =c=� i1#p 1 DF �- TTES'p. CARiE BL "r CLERK F THE . CUPERV160� DRAMS! CMTS, 1 n a A r 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 r Sohn- el , Mayor Cate ATTEST: Mid J2, t-q-63 7 R. Monahan, City Clerk Date APPR ED S O FORM: John R. Sh w, City Attorney Date JOINT AGREEMENT FOR THE IMPLEMENTATION AND OPERATION OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM JANUARY 30, 1996 TABLE OF CONTENTS 1. SYSTEM..................................................................................................................................1 2. DEFINITION OF TERMS....................................................................................................1 3. OPERATIONAL POLICIES - LAW ENFORCEMENT SUBSYSTEMS.......................3 4. OPERATIONAL POLICIES -PUBLIC WORKS SUBSYSTEMS..................................3 5. OPERATIONAL POLICIES - FIRE SUBSYSTEMS........................................................4 6. OPERATIONAL POLICY....................................................................................................5 7. OPERATIONAL POLICY REVIEW..................................................................................6 8. MUTUAL AID........................................................................................................................6 9. RELINQUISHING EXISTING OPERATING CHANNELS............................................8 10. SYSTEM TECHNICAL MANAGEMENT.........................................................................8 11. SYSTEM MODIFICATION COST APPROVALS..........................................................10 12. CONTRACTS.......................................................................................................................10 13. FUNDING .............................................................................................................................11 14. EQUIPMENT FACILITIES AND STRUCTURES..........................................................12 15. SYSTEM MODIFICATIONS AND COST SHARING....................................................13 16. ADDITIONAL PARTICIPATING AGENCIESIUSERS OR CONSOLIDATION OF PARTICIPATING AGENCIES...................................................................................14 17. LIABILITY...........................................................................................................................16 18. GOVERNANCE COMMITTEE........................................................................................16 19. AGREEMENT AMENDMENT PROCESS......................................................................17 20. AGREEMENT DATE..........................................................................................................17 Page i JOINT AGREEMENT FOR THE IMPLEMENTATION AND OPERATION OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM This Agreement is entered into on Apri 1 24 , 1996 by and between the Parties listed on Exhibit"A" which is attached hereto and incorporated herein. WITNESSETH: Whereas, the installation, maintenance and operation of a Countywide Coordinated Law Enforcement/Public Works/Fire Radio Communications System, to be known as the 800 MHz Countywide Coordinated Communications System (CCCS), is desirable, Now, Therefore, in consideration of the mutual covenants, conditions, agreements and stipulations hereinafter expressed, the Parties hereby agree as follows: 1. SYSTEM The 800 MHz CCCS, hereinafter referred to as System, shall be implemented in the County of Orange. Said System is described in Contract No. S0000015.95 for an 800 MHz CCCS, dated September 19, 1995. The Parties hereby designate County of Orange GSA/Communications Division as the "Lead Agency" in acquiring and implementing System. 2. DEFINITION OF TERMS "Contract City" is defined as a city receiving law enforcement, public works or fire services from the County or any Participating 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 Participating Agencies, responsible for approving cost modifications. Exhibit "A" provides a list of City, County, and Orange County Fire Authority administrators representing these bodies. ( ON I RACIZ11 AGREF_DOC JM kb 01/10/908:49 MI PapeI "Law Enforcement Agency" is defined as all governmental Law Enforcement Agencies operating primarily within the limits of Orange County, as follows: Orange County Sheriffs Department, Orange County City Police Departments. Orange County Marshal's Department, Orange County District Attorney's Office. and Orange County Probation Department. For purposes of classification. GSA/Communications, HCA/Animal Control, and John Wayne Airport are identified as Law Enforcement Participating Agencies under the cost allocation. "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 Participating Agency or User of System. "Net" is defined as a group of Participating Agencies who operate a joint dispatch center, or a combination of radio dispatch talkgroups used by a fixed group of Participating 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 not Participating Agencies. "Participating Agencies" are those agencies listed in Exhibit `B" that will be operating on the 800 MHz System. "Parties" are defined as the County of Orange, incorporated cities in the Count} of Orange, and Orange County Fire Authority, which are listed in Exhibit"A." "Public Works Agency" is defined as, and shall include, all County or Citi departments, other than those defined as a Law Enforcement or Fire Agency. "Subsystem" is defined as one of three 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, and the Public Works Subsystem. The Governance Committee must assure operational integration of all three systems. "System Backbone" is defined as those portions of the System Backbone that provide the means by which dispatch centers and mobile radios communicate kith each other, and is composed of mobile relay 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. CCONTRAC M I AGRI H.DOC JMskb 01/30/96 8.49 AM Pau 2 "User" is any System user that is not currently listed as a Participating Agency on Exhibit `B." 3. OPERATIONAL POLICIES -LAW ENFORCEMENT SUBSYSTEMS The Orange County Chiefs of Police and Sheriff's Association, hereinafter referred to as "OCCOPSA," is an established organization composed of representatives from the Sheriffs Department, City Police Departments, Marshal's Department, District Attorney's Office, and Probation Department, participating in the Orange County Law Enforcement Subsystem. The OCCOPSA Communications Committee has been delegated by OCCOPSA the responsibility for operational policy development of the Law Net (Law Enforcement Subsystem). This is a long-standing role and it is the desire of all the Participating Agencies that it continue. Thus the Participating Agencies agree that operational policy for the Law Net (Law Enforcement Subsystem) shall be developed by the Communications Committee and ratified where appropriate by OCCOPSA. The Committee shall act on behalf of all of the Law Net (Law Enforcement System) Participating Agencies in the development and recommendation of future modifications for the Law Net (Law Enforcement Subsystem) as well as the above described role in development of operational policy. The designation of OCCOPSA, as the organization representing Law Enforcement Participating Agencies, can be changed by these Participating Agencies only once in each five (5) year period. When the majority respond affirmatively to such a recommended change, the County shall request nominations for a replacement group and shall arrange for a vote of the Law Enforcement Subsystems Participating Agencies to determine the organization, group, or committee that shall advise on operational policy. The new organization will assume office not earlier than thirty (30) days after the balloting. 4. OPERATIONAL POLICIES - PUBLIC WORKS SUBSYSTEMS Public Works Agencies shall appoint a permanent Public Works Policy Committee, hereinafter referred to as "PWPC," consisting of one representative from each of the Public Works Participating Agencies as listed in Exhibit `B," to develop operational policies for the Public Works portion of the System. C0NIRAC1/J1A(;RPFD0C JM'skh 01/30/965:49AM Page The PWPC will be charged with developing operational policy for the Public Works Subsystem. Any Public Works Agency entering into this Agreement at a later date shall appoint a representative to the PWPC. The PWPC shall act for agencies to consult with County to determine and recommend to agencies future modifications of the Public Works Subsystems and develop operational policies for Public Works Subsystem, in accordance with the terms and conditions of this Agreement. The designation of the PWPC can be changed by these Participating Agencies only once in each five (5) year period. When the majority respond affirmatively to such a recommended change, the County shall request nominations for a replacement group and shall arrange for a vote of the Public Works Participating Agencies to determine the organization, group, or committee that shall advise on operational policy. The new organization will assume office not earlier than thirty (30) days after the balloting. 5. OPERATIONAL POLICIES - FIRE SUBSYSTEMS The Orange County Fire Chiefs' Association, hereinafter referred to as "OCFCA," is an established organization composed of representatives from the City Fire Departments and the Orange County Fire Authority. The OCFCA Communications Committee, in cooperation with County, has heretofore recommended operational policy for the present fire communications system, consulted with County on present fire communications system upgrades, and made recommendations for the use of the present fire communications system by other users who provide operational support to fire departments. It is appropriate to direct the OCFCA Communications Committee to continue its established role in the operation of the new System. Therefore, OCFCA, based on recommendations provided by the Communications Committee, shall consult with County to determine and recommend to Fire Agencies future modifications of Fire Subsystems and develop operational policies for Fire Subsystems, in accordance with the terms and conditions of this Agreement. The designation of OCFCA, as the organization representing Fire Agencies, can be changed by these Fire Agencies only once in each five (5) year period. When the majority respond affirmatively to such a recommended change, the County shall request nominations for a replacement group and shall arrange for a vote of the Fire Agencies to determine the organization, group, or committee that shall advise on operational policy. The new organization will assume office not earlier than thirty (30) days after the balloting. CONTRACF/J'FAORFF.DOC JNtskb 01/30/96 8-49 AM Page 4 6. OPERATIONAL POLICY 6.1 Law Enforcement Subsystems The development of Law Net (Law Enforcement Subsystems) operational policy has been delegated by OCCOPSA to its Communications Committee. That Committee reports to OCCOPSA. Policies developed by OCCOPSA for the operations of the Law Net shall ensure that each participant in the System is treated equitably and that each Participating Agency has sufficient communications capability to meet their legitimate needs. Any dispute between Participating Agencies over operational policies shall be reviewed by the Communications Committee and if not resolved, then reviewed by OCCOPSA. Any unresolved dispute may be appealed to the Governance Committee for decision. 6.2 Public Works Subsystems Public Works Subsystems operational policy shall be established by the PWPC. Said policies shall ensure that each participant has sufficient communications authorized to meet its legitimate needs. Any dispute between Participating Agencies over operational policies established by the PWPC shall be resolved by the PWPC. When the dispute cannot be resolved by the PWPC, the parties may present their dispute to the Governance Committee for decision. 6.3 Fire Subsystems Fire Subsystems operational policy shall be established by the OCFCA based on recommendations provided by the OCFCA Communications Committee. Said policies shall ensure that each participant in the System is treated equitably and that each Participating Agency has sufficient communications authorized to meet their legitimate needs. Any dispute between Participating Agencies over operational policies established by the OCFCA shall be reviewed by the OCFCA Communications Committee with recommendation to OCFCA. When the dispute cannot be resolved by the OCFCA, the parties may present their dispute to the Governance Committee for decision. 6.4 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. CONTRAc r/,ITAGRBB_DOC JM skb 01/30/96 8.49 AM Page 5 7. OPERATIONAL POLICY REVIEW 7.1 Law Enforcement Subsystems To ensure that operational policy developed by the Communications Committee of the OCCOPSA is compatible with all of the other systems, such policy shall be subject to review by the Participating Agencies' representatives in the Public Works Subsystem and the Fire Subsystems. A thirty (30) day review period prior to policy implementation shall ensure appropriate time for review. Exceptions can be made when the Committee declares the operational policy is of an emergency nature and immediate implementation is necessary for safety purposes, but all such emergency decisions shall be reviewed by the Participating Agencies as described above and within the thirty (30) day period noted. 7.2 Public Works Subsystems Any proposed action by PWPC, pursuant to the section titled "Operational Policies: Public Works Subsystems" above, shall be subject to a thirty (30) day review by the Participating Agencies' representatives in the Law Enforcement and Fire Subsystems. Should any Participating Agency object to said action by the PWPC, said action shall require the approval of all members of the PWPC prior to implementation. 7.3 Fire Subsystems Any proposed action by OCFCA, pursuant to the section titled "Operational Policies: Fire Subsystems" above, shall be subject to a thirty (30) day review by Participating Agencies' representatives in the Law Enforcement and Public Works Subsystems. Should any Participating Agency object to said action by OCFCA, said action shall require the approval of the members of the OCFCA prior to implementation. Exceptions can be made when OCFCA declares the operational policy is of an emergency nature and immediate implementation is necessary for safety purposes, but all such emergency decisions shall be reviewed by the Participating Agencies as described above and within the thirty (30) day period noted. 8. MUTUAL AID 8.1 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 Participating Agencies within Orange County and Participating Agencies outside of Orange County. All Participating Agencies shall comply with the operational policies of the following Mutual Aid Plans. C0NTRAC1-/JTAG1ZFH DOC INIskb 01/30/96 8:49 AM Page 6 8.2 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. Any proposed modifications to the plan must be reviewed and approved by the Governance Committee prior to submission to the State. Orange County Mutual Aid Plan for the Use of the 800 MHz Local Mutual Aid Channels The plan will be prepared by the Orange County GSA/Communications Division and Sheriffs Emergency Management with the approval of the Participating Agencies, based upon approval by the OCCOPSA, PWPC and OCFCA. 8.3 Mutual Aid Priorities 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 Participating Agencies on a non-interfering, prioritized basis. This use shall in many cases be predefined and talkgroups established subject to approval of the OCCOPSA and the OCFCA as it affects their respective communications. Such non-Law Enforcement and non-Fire Agencies are defined to include, but not be limited to: County and City support functions such as Flood, Equipment Maintenance, Public Works, and similar agencies. CONTRACT/JTAGR88.DOC JMskb 01/30/968.49AM Pagel 9. RELINQUISHING EXISTING OPERATING CHANNELS Existing 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 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. 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 (3 0) days after transfer and acceptance of law enforcement and/or public works operations to the System. An exception to the paragraph above is when 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, 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. 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 as is done currently with the law enforcement GREEN channels. 10. SYSTEM TECHNICAL MANAGEMENT Proper operation of a modern, trunked, multi-channel communications System requires centralized technical coordination. The interactive nature of these systems requires that standards be established and adhered to rigorously. Laxity or non-standard use of the System by Participating Agencies can adversely affect the ability of all Participating Agencies to fully utilize the System capabilities. CONI RAC I/J I A(WEE_DOC IM skb 01/30/96 8'.49 AM Page 8 10.1 Technical Liaison Committee The 800 MHz Technical Liaison Committee shall be utilized to develop the technical operation policies and procedures of the System. This committee is composed of members approved by the Law, Fire and Public Works Committees identified in sections 3, 4 and 5 and can be modified with their approval. 10.2 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 be developed. Said standards shall be approved by the Technical Liaison Committee and all 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. 10.3 Approved Equipment The initial System implementation will consist of equipment supplied by the original system equipment vendor and will meet the technical requirements of the System. The Technical Liaison Committee shall compile a list of this approved equipment and make it available to all Participating Agencies. In the future, as newer equipment from the original vendor or another vendor becomes available, the Technical Liaison Committee shall evaluate it for compatibility with the System. Any equipment that meets the technical criteria for operation on the System shall be added to the approved list. 10.4 Technical Standards and Equipment Evaluation The County of Orange GSA/Communications Division maintains engineering and technical staff whose task is to maintain, manage and operate existing multi-user Backbone Systems. Technical management of the System shall continue to be the responsibility of the Orange County GSA/Communications Division. County technical staff shall evaluate new radio equipment for adherence to technical standards prior to inclusion on the approved equipment list. Radio equipment evaluation results shall be provided 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, PWPC and OCFCA, with final approval by the Governance Committee. CON'IRAC P/1"rAGRGGDOC 1M-skb 01/30/96 8:49 AM Puec 9 11. SYSTEM MODIFICATION COST APPROVALS Any Law Enforcement Subsystem modification or other action proposed by OCCOPSA which requires Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Participating Agency, following approval by the Governance Committee. Any Public Works Subsystem modification or other action proposed by the PWPC which requires Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Participating Agency, following approval by the Governance Committee. Any Fire Subsystem modification or other action proposed by the OCFCA which requires Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Participating Agency, following approval by the Governance Committee. 12. 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. 12.1 County Responsibilities County shall negotiate and enter into agreements or contracts with the various vendors as contemplated in this Agreement. County shall make payments due and payable under such agreements on behalf of Participating Agencies. County shall negotiate and enter into agreements with new Users which may hereafter receive approval to access the System pursuant to this Agreement. provided that: • Any additional terms, conditions, and costs for entry shall be included in an addendum to this Agreement. Said addendum shall address any direct or indirect compensation to Participating Agencies or Users for System Backbone usage by new Participating Agency(s) or User(s). • County shall obtain the approval of the Governance Committee to determine the appropriate additional terms, conditions, and costs to be included in said addendum. ( ON'I RACI A FAORHF.DOC JMskb 01/30/968:49 AM Page 10 • Any such new Participating Agency(s) or User(s) hereafter who shall desire to become a party to this Agreement may do so by executing a copy of this Agreement and assenting and agreeing to all of the terms, conditions and buy-in and operational costs thereof. • Compensation may take the form of improvement or modification of System or other contribution for the benefit of all Participating Agencies/Users. 13. FUNDING 13.1 System Acquisition During the acquisition period, the County will adopt an acquisition budget for the acquisition of the System. The acquisition budget shall include the following: (a) the System acquisition costs and (b) the allocation of costs among the Participating Agencies in amounts necessary to cover the acquisition budget items. Attached hereto as Exhibit "A" is a list of all cities participating in the System, as well as each city's responsible administrator. Exhibit "A" also includes the County and the Orange County Fire Authority and responsible administrators. Set forth in Exhibit "C" is each entity's estimated cost allocation for the initial Law Enforcement System implementation including field equipment purchases and installation. Exhibit "C" will be periodically updated to reflect any changed equipment orders or authorized System modification expenses. County shall provide to each responsible administrator, as indicated on Exhibit "A," a quarterly financial report from the date of contract initiation for a period of two (2) years after which the County shall provide financial reports semi-annually for the remainder of this Agreement. 13.2 Payment Exhibit "D" identifies each entity's estimated payments by fiscal year for the law enforcement portion of the System. As part of the acquisition process of the System, the County shall, within sixty (60) days of the effective date of this Agreement, issue a final payment schedule. Total amounts will not exceed each entity's full contribution for the System, as identified in Exhibit "C," unless an entity adds equipment or modifications as authorized per sections 15 and 16. Changes are subject to final approval by the Governance Committee. CONTRACT/1"I AORHtiDOC 7M Ah 01/30/96 8:49 AM Puse I 1 Fiscal year payments to meet contractual obligations, as stipulated above, are due and payable thirty (30) days after the first day of each fiscal year. (An initial payment may be required prior to FY 1995/96 year-end to meet the contractual obligation for the detailed design review). The cities, as represented by their responsible administrators as set forth in Exhibit "A," the Orange County Fire Authority, should it want to purchase equipment, and the County are responsible for depositing payments in an escrow account established for this purpose in an approved state or federally chartered bank in California. The cities, as represented by their responsible administrators, the Orange County Fire Authority as appropriate, and the County shall be responsible for paying all fees for the expenses incurred by the escrow agent in administering the escrow account. Upon establishment of the escrow account, responsible administrators from the cities, Orange County Fire Authority, and County will sign an agreement that allows the escrow agent to release funds to the County as required by the County subject to the terms of this Agreement. 13.3 Failure to Pay Should any 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 defaults by Governing Authorities, and the County reserves the right to pursue any and all available rights and remedies at law or in equity. 14. EQUIPMENT FACILITIES AND STRUCTURES Additional facilities, structures, and modifications will 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 Participating Agency shall, at its sole Participating Agency expense, expand or modify its existing Participating Agency structures, facilities, or dispatch centers as required to support the installation of Participating Agency System Field Equipment. CON-Ilk AC'I/J'I AGRE[]DOC JMskb 01/30/968:49 AM Page 12 15. SYSTEM MODIFICATIONS AND COST SHARING 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, reflected in revised Schedules "C" and"D," 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 borne 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. Exhibits "C" and "D" will be updated accordingly. Beginning January 1, 2000, and continuing each year thereafter, the County, the Cities, and the Orange County Fire Authority, as appropriate, will share in the cost of 800 MHz Backbone System expenses. Prior to January 1, I999, 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. The County shall continue to operate and pay all operating costs of the System until such time that such amendment is approved by the Governing Authorities. The 800 MHz CCCS budget and allocation plan will be submitted for approval to the Governing Authorities six (6) months in advance of each fiscal year. Billing will be issued quarterly in advance for payment within thirty (30) days. CON IRAC I/.ITAG ItGG_DOC 1M'skb 01/30/968.49 AM PaLe13 16. ADDITIONAL PARTICIPATING AGENCIES/USERS OR CONSOLIDATION OF PARTICIPATING AGENCIES Law Enforcement/Public Works/Fire 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. 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. The County shall be responsible for coordinating access to the System, training new users in operational procedures, and assuring compliance with technical standards. The new Agency may be responsible for the cost of these services. 16.1 Adding Participating Agencies: New 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 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 unit shall be the responsibility of the consolidated entity, unless addressed in a separate agreement with the County. CONTRACIMAGRP.F.DOC 1Mskb 01/30/968:49AM Page 14 16.3 Adding Non-City/Non-County Users Newly formed Non-City/Non-County Users or Non-City/Non-County Users that do not participate in the System in its initial implementation may desire to use the System. County shall work with any such User to develop an appropriate system design and implementation plan to transition to the System after approval is recommended by OCCOPSA, PWPC and OCFCA, as appropriate, and approved by Governance Committee. A New Non-City/Non-County User A user that does not participate in the original purchase and cost sharing of the System Backbone shall contribute a share of the System cost as determined by the Governance Committee. The County shall place any funds received as a result of the addition of a New Non-City/Non-County User in an escrow account. Funds from this escrow account may be used for Backbone System enhancements for the benefit of all Participating Agencies and Users. Enhancements shall be recommended by the Technical Liaison Committee and OCCOPSA, PWPC and OCFCA, as appropriate, with final approval by 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 User to System shall be the responsibility of the new Non- City/Non-County User. Any System Field Equipment costs associated with the transition of a New Non- City/Non-County User to System shall be the responsibility of the new Non- City/Non-County User. 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 and 6.1, 6.2, and 6.3 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 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 Participating Agency(s). CONTRACI/JTAORELDOC J64skb 01/30/965.49 ANI Page 15 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. To the fullest extent permitted by law, the County agrees to indemnify, hold harmless, protect and defend each Party listed in Exhibit "A," exclusive of County, together with all directors, officers, employees, and agents of Parties, from and against any and all liabilities, losses, damages, judgments, fines, demands, claims, costs and expenses, attorney's fees, disbursements and court costs, arising directly or indirectly out of the 800 MHz lawsuit entitled "Ericsson, Inc., v. County of Orange, et al (Motorola RPI)." 18. GOVERNANCE COMMITTEE The 800 MHz Governance Committee will oversee implementation and operations of the 800 MHz System including assuring City, County and Orange County Fire Authority compliance with payment schedules, addressing operational issues affecting System operation and backbone site development, reviewing and approving conversion, implementation and modification plans, approving contract changes, resolving disputes between the subsystems or between 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. 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. 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 • GSA Director CON'IRACIJI'AGRPPDO( IM.,kb 01/30/968.49AM Page 16 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. AGREEMENT DATE This Agreement shall take effect as above dated. This Agreement may be terminated by any Parties to the Agreement as listed on Exhibit "A" as to that Party 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 so electing to withdraw shall cease to be a Party to this Agreement. Such termination shall not relieve said Party or other Party of any financial obligation assumed as part of this Agreement. The Party terminating shall not be responsible for any financial obligations assumed by the other Parties hereto subsequent to said termination. Similarly, it is understood that County has ownership of the System Backbone and certain backbone sites, as well as FCC licenses presently owned by the County, and upon any termination by any Parties to the Agreement, any and all right, title and interest in the System Backbone, those backbone sites and FCC licenses shall remain with the Count} . Should the County wish to withdraw, an orderly transition to remaining Parties must be affected. ('ON'IRACIAIAGIM'DOC JMskb 01/30/968:49ANI Page 17 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 instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF ORANGE By — - Y Director of General Se ices Agency Dated: 19�� Approved As to Form: County Counsel 1 CONTRACT/JTAGREE.DOC JM:skb 01/30/96 8:49 AM Page 18 CITY OF: 7T rf P i m By: By: N¢rest City Clerk Dated: 19(& Approved As To Form: Cityl 'AAttt/o�m�eyry, Jack L. White By. Lucina Lea Moses, Asst. City Attorney CONTRACT.JTAGREE.DOC JM.skb 01/30/968:49AM Page 19 CITY OF: BI EA ATTEST: By: S�L� By: Mayor City Clerk pp// Dated: 19 , 19ff � Approved As To Form: City Attorney /6t.ian COM-RACI M AGREEDOC 1M skb 01/30/96 3:49 AM Page 19 CITY OF: BUENA PARK By:— Patsy Marshall, Mayor ATTEST: 7n - City Clerk Dated: February 20 19 96 Approved As To Form: City A ttorne y CONI-KACIWAGREEDOC JMskb 01/30/968.49AM page 19 CITY OF COSTA MESA Jce rickson, Mayor ATTEST: I _ Mary T. Elli , Deputy City Clerk DATED: January 15, 1996 Approved as to Form: ALOAI- a.-ro ( p 1-IS-SL Thomas Kathe, City Attorney [Joint Agreement for 800 Megahertz System] CITY OF: CYPRESS By: Z/y Z� Mayor By: ATTEST: �( ] City Clerk Dated: February 19 19_.6_ Approved As To Form: City Attorney CONTRACT/Jl'AGREE_DOC JM-skb 01/30/96 8:49 AM Page 19 CITY OF: DANA POINT By: /f'LUIivL oA, KAREN LLOREDA, MAYOR ATTEST: -dLa.,� GJ Citv Clerk SHARON L. WAITS Dated: J /�5� 19_ Approved As To Form: City Attomey JEJ PA ERSON CONTR;%CT/JTACRE E DOC JM skb 01/30/96 8:49 AM Page 19 CITY OF: FOUNTAIN VALLEY By: A, , r) 1 G orge B. Scod.t, Mayor By: City �k Dated: 19_ Approved As To Form: City Attomey aLv�- " CONTRACT/1TAGREE-DOC 1Mskb 01/301968:49AM Page 19 CITY OF: FULLERTON By: (rlsorgy, ayo By: ATTEST: City Cler Dated: Approved As To Form: City Attorney CONTRACC/JIAGREEDOC JM'skb 01/30/968:49AM Page 19 CITY OF: Garden Grove ATTEST: ' By: /ayorf By: City C erk Dated: February 15 19 96 Approved As To Form: City Attorney CONTRACT/1TAORFF DOC JMskb 01/30/96 8-49 AM Page 19 CITY OF: Hurtf�na�tY, ,�eucfi ATTEST: By. A 0z� 5-0!/i✓4N By: City Clerk Dated: "`�" .�`J 19 Approved As To Form: City Attorney n le r CONTRACTi1TAGREE.DOC JM skb 01/30/96 8.49 AM Page 19 CITY OF: V I ATTEST: B : By: City Clerl Dated: Z- `_D 19�iL Approved As To Form: City Atto ey CONTRACT/JT,-\GREEDOC 1Mskb 01/30/968:49AM Page 19 AO CITY OF: ATTEST: By: City Clerk Dated: 1942,4 Approved As To Form: City Attorney /G//�- /0- CONTRACT/JTACREE.DOC JM.skb 01/30/96 8:49.AM Page 19 CITY OF: LAGUNA HILLS Bv: Randal J. Bressette, Mayor ATTEST: City Clerk N6ry A. Carlson Dated: / 31 , 19� ,Approved As To Form: City Attorney ;t'-0 � . �'O' Lois E. Jeffr CONTRACT,JTAGREE_DOC JMskb 01/30196 8;49 AM Paee 19 CITY OF: dAdsM9 N/6✓EL ATTEST: E.y:. �L By: City Cle Dated: 19� Approved As To Form: City At/tomey L (2 14 CONTRACT/1TAGREE.DOC 1M_ek6 01/30/96 8:49 AM Page 19 CITY OF: La Habra ATTEST: By:JG3/_d��M�IC w/tr7/qy�� Jerr�ton, City Manager By: City Clerk Sharie Apodaca Dated: February 15, 19 96 Approved As To Form: City Attorney Richard Jones' t3 CONTRACT/TrAGREE.DOC JMskb 01/30/96 8:49 AM Page 19 CITY OF: Lake Forest ATT T n By: By: Richard T. Dixon Mayor Cit leri Dated- 19 Approved As To Form: City Attorney CONTRACT/JTAGRFE DOC JMskb 01/30/96 8 49 AM Page 19 CITY OF: LA PALMA By-. Mayor ATTEST: i i ity Cler Dated: February 6, 1996 Approved As To Form: City Attorney Nage 19 CITY OF: Los Alamitos ATTEST: Bv: By: City Clerk Dated: 12 19 y� Approved As To Form: City Attomev 0 CONTRACT'JTAGREE.DOC JM skb 01/30/96 8:49 AM Paee 19 CITY OF: MISSION VIEJO BLe S ri M. Butterfield, /Mayor By: ATTEST: City Cl Dated: February 26 19 96 Approved As To Form: CityyAttomey CONTRACU3IAORFF.DOC Al.skb 01/30/968.49AM Nee 19 CITY OF:, ATTEST: ��1 1 By:— By: s City Clerk Dated: c 19 ` Approved As To Form: City Attorney 41 t' CONTRACT/J'CAGREE DOC JMskb 01/30/968.49 AM Paee 19 CITY OF: ORANGE By oanne Coontz , D yor ATT T: B i' Cassandra J . a kart , City Clerk Dated: 19_ Approved As To Form: City Attornev Robert O . Franks CONTR%('1 3I AGREEDOC 1Mskb 01/30/96 8:49 AM Page 19 CITY OF: Placentia By: Carol Downey, ayor By: ATT Wn City Clerk, E and . Ponce Dated: February 20 l9 96 Approved As To Form: City Attorney CONTRACT/1TAGREE.DOC IM:skb 01/30/96 8:49 AM Page 19 CITY OF: San Clemente By: ayor Attest: City Clark Dated: Feb, 20 19 96 Approved As To Form: City Attorney CONTRACT/1T AGREE.DOC JM.skb 01/30/96 8:49 AM Page 19 CITY OF: San Juan Capistrano ATTE/ST:/ I � By: ta�c�a-,tt �dGtni Wyatt rt, Mayor 2/20/96 By: City Clerk Dated: February 20, 1996 19_ Approved As To Form: City Attorney I/— 1'2` 116- ( ON I R A( P11 I {CONTRA("P11I AGREE DOCJMskb 01/30/969:49 AM Page19 CITY OF: SANTA ANA AT B . r iguel A. Pulido, Mayor ty lerk Janice C . Guy Dated: �— y— 19-L4- Approved 9L 4Approved As TO Form: City Attorney _ Edward .�C6Qj2�r loved as t0 GGiit' I City fkw�,-ef CON I RACIA[A('RIJ-DOC JNI skb 01/30/96 8 49 AM Page 19 CITY OF: STANTON /y. Z ra a (;7erk y Cl Dated: Pehr„ary 13 19� Approved As To Form: City Attorme CONTRACT/1TAGREE.DOC JM:skb 01/30/968:49AM Page 19 CITY OF: ,cJ ATTEST: By• By: City Cie�rk Dated: OZ S I9cl cp Approved As To Form: City Attorney _ 'v-z' CONTRACT/JT.AGREEDOC 1M.skb 01/30/968:49.AM Page 19 CITY OF: VILLA PARK ATTEST: By: Jo ph S. Barsa, Mayor By:— C t Clerk , J U Kaysene Mi 11 er Dated: February 27 19 96 Approved As To Form: City Attorney - Leonard Hampel , Esq. COV"B R AC Ii J L%(AUI DOC 1M-skb 01/30/968'.49 AM Page 19 CITY OF: WESTMINSTER ATTEST: By: k 4 �. Charles U. Smith, Mayor $y: —' -t 71tw-^ Bill Smith, City Manager City Clerk Dated: '�-/1 7 , 19 Approved As To Form: City Attorney CONTRACr/JTAGREE.DOC JMskb 01/30/96 R 49 AM Page 19 CITY OF: YORBA LINDA By: /' Ma or ATTEST: 1 � CityClerk Dated: Approved As To Form: City Attome_y % CONTRACT/1TAGREE.DOC JMskb 01/30/96 8:49 AM Paee 19 ORANGE COUNTY FIRE AUTHORITY 1 l � Charman Dated: F9 t'!cf rr ATTEST: Clerk of the Authority APPROVED AS TO FORM Bl : Authority Counsel Dated: r� �� r 4 4 G, EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT: PARTICIPATING MUNICIPALITIES, ORANGE COUNTY FIRE AUTHORITY,AND COUNTY OF ORANGE ......... ... ....... CITYADMINITIt ...... .. .......... —To m Anaheim City Manager 200 S. Anaheim Blvd. 714/254-5100 P. O. Box 3222 Anaheim CA 92803 Brea City Manager I Civic Center Circle 714/990-7600 Brea, CA 92621-5758 Buena Park City Manager 6650 Beach Blvd. 714/562-3500 P. O. Box 5009 Buena Park CA 90622-5009 Costa Mesa City Manager 77 Fair Drive 714/754-5223 P. O. Box 1200 Costa Mesa, CA 92628-1200 Cypress City Manager 5275 Orange Avenue 714/229-6700 P. O. Box 609 90630 Dana Point City Manager 33282 Golden Lantern 714/248-9890 Dana Point, CA 92629 Fountain Valley City Manager 10200 Slater Avenue 714/965-4406 Fountain Valley, CA 92708 Fullerton City Manager 303 W. Commonwealth 714/738-6300 Fullerton, CA 92632 - Garden Grove City Manager 11222 Acacia Parkway 714/741-5000 P. O. Box 3070 Garden Grove, CA 92642 Huntington Beach City Administrator 2000 Main Street 714/536-5511 P. O. Box 190 Huntington Beach, CA 92648 Irvine City Manager I Civic Center Plaza 714/724-6000 P. O. Box 19575 Irvine, CA 92713 Laguna Beach City Manager 505 Forest Avenue 714/497-3311 Beach,La na CA 92651 Laguna Hills City Manager 25201 Paseo de Alicia, Suite 150 714/707-2600 La na Hills, CA 92653 Laguna Niguel City Manager 27801 La Paz Road 714/362-4300 1 Laguna Niguel, CA 92656 La Habra City Manager 201 E. La Habra Blvd. 310/905-9700 P. O. Box 337 La Habra, CA 90633-0337 95EXHI6ITEREV 12/795 Page 1 of 3 EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT: PARTICIPATING MUNICIPALITIES, ORANGE COUNTY FIRE AUTHORITY,AND COUNTY OF ORANGE RBSI'(?NSIBI CITY• . A13M1h3ISTRAT{JI� . *stIIQ1dE.# Lake Forest City Manager 23778 Mercury Road 714/707-5583 Lake Forest CA 92630 La Palma City Manager 7822 Walker Street 714/523-7700 La Palma. CA 90623 Los Alamitos City Manager 3191 Katella Avenue 714/827-8670 Los Alamitos, CA 90720 Mission Viejo City Manager 25909 Pala, Suite 150 714/470-3000 Mission Viejo, CA 92691 Newport Beach City Manager 3300 Newport Blvd. 714/644-3309 P. O. Box 1768 Newport Beach, CA 92658-8915 Orange City Manager 300 East Chapman 714/744-5500 P. O. Box 449 Orange, CA 92666 Placentia City Administrator 401 East Chapman 714/993-8231 Placentia, CA 92670 San Clemente City Manager 100 Avenida Presidio 714/361-8200 San Clemente, CA 92672 San Juan Capistrano City Manager 32400 Paseo Adelanto 714/493-1171 San Juan Capistrano, CA 92675 Santa Ana City Manager 20 Civic Center Plaza 714/647-5400 P. O. Box 1988 M30 Santa Ana, CA 92702 Seal Beach City Manager 211 Eighth Street 714/828-8550 Seal Beach, CA 90740 Stanton City Manager 7800 Katella Avenue 714/379-9222 Stanton, CA 90680 Tustin City Manager 300 Centennial Way 714/573-3000 P. O. Box 3539 Tustin, CA 92681 Villa Park City Manager 17855 Santiago Blvd. 714/998-1500 Villa Park, CA 92667-4187 Westminster City Manager 8200 Westminster 714/898-3311 Westminster, CA 92683 Yorba Linda City Manager 4845 Casa Loma Avenue 714/961-7100 P. O. Box 87014 Yorba Linda, CA 92686-8714 95/EXH1131rH.REV 12/7/95 page 2 of 3 EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT: PARTICIPATING MUNICIPALITIES, ORANGE COUNTY FIRE AUTHORITY,AND COUNTY OF ORANGE .............. ISPONSIBLECI3U ...... 7777 . ............ HOW Orange County Fire Director of Fire Services 180 South Water Street 714/289-7410 Authority Orange, CA 92666 Director 14 Civic Center Plaza County of Orange General Services Agency First Floor 714/834-2114 Santa Ana, CA 92701-4047 95'EXHIBITHREV 12/7/95 Page 3 ot 3 EXHIBIT B 800 MHz CCCS PARTICIPATING AGENCIES Agency Law Enforcement Fire Department Public Works Lifeguard Anaheim X X X Brea X X X Buena Park X OCFA X Costa Mesa X X X Cypress X OCFA X Dana Point SHERIFF OCFA Fountain Vaey X X X Fullerton X X X Garden Grove X X X Huntington Beach X X X X Irvine X OCFA X La Habra X X X La Palma X OCFA X Laguna Beach X X X X LagunaMils SHERIFF OCFA Lamm Niguel SHERIFF OCFA Lake Forest SHERIFF OCFA Los Alamitos X OCFA Mission Viejo SHERIFF OCFA Newport Beach X X X X Orange X X X Placentia X OCFA X San Clemente SHERIFF OCFA X X San Juan Capistrano SHERIFF OCFA _ Santa Ana X X Seal Beach X OCFA Stanton SHERIFF OCFA X Tustin X OCFA X Villa Park SHERIFF OCFA Westminster X OCFA X Yorba Linda BREA PD OCFA X Central Net Fire Dispatch X North Net Fire Dispatch X Orange County Fire Authority X Animal Control X District Attomev X EMA X GSA/Communications X GSA/Facilities Operations X GSA/Transportation X Orange County Marshal X Orange Countri Probation X Sheriff-Coroner X John Wayne Airport X 95 800nlita.247 SM skb 10/26/95 �4DJUSTED $6.1 M ':COUNTY Of'RANGE EXHIBIT C COST SUMMr,..r LAW ENFORCEMb-4T ONLY MDT& PW NOT INCLUDED EQUIPMENT SYSTEM SHARED MOTOROLA CAPITAL GRAND INFRASTRUCTURE SERVICES TOTAL PROJECTS TOTAL CITY/AGENCY $33,410,387 . $22,724,028 $14,347,313 $70,481,728 $11,639,000 $82,120,728 CHEDULEA SCHEDULE SCHEDULED SITE DEV. 2,714,283 1,797,282 1,447,916 5,959,482 5,959,482 BREA 1,110,185 639,313 515,039 2,264,536 2,264,536 BUENA PARK 633,155 391,890 315,711 1,340,757 1,340,757 COSTA MESA 1,279,063 618,744 498,463 2,396,269 2,396,269 CYPRESS 599,763 259,960 209,422 1,069,145 1,069,145 DANA POINT 144,754 171,449 138,120 454,322 454,322 FOUNTAIN VALLEY 625,039 305,712 246,293 1,177,044 1,177,044 FULLERTON 975,858 653,756 526,682 2,156,296 2,156,296 GARDEN GROVE 1,192,122 820,557 661,051 2,673,729 2,673,729 HUNTINGTON BEACH 2,341,642 1,283,773 1,034,222 4,659,638 4,659,638 IRVINE 1,162,827 769,266 619,731 2,551,825 2,551,825 LAGUNA BEACH 511,545 201,493 162,321 875,359 875,359 LAGUNA HILLS 131,198 120,479 97,059 348,735 348,735 LAGUNA NIGUEL 162,010 243,558 196,220 601,787 601,787 LAKE FOREST 175,465 240,655 193,880 610,001 610,001 LAHABRA 616,651 299,354 241,165 1,157,170 1,157,170 LA PALMA 337,879 102,794 82,811 523,485 523,485 LOSALAMITOS 349,308 88,939 71,648 509,895 509,895 MISSION VIEJO 263,364 341,152 274,832 879,348 879,348 NEWPORTBEACH 1,421,351 629,607 507,228 2,558,186 2,558,186 ORANGE 1,277,791 738,884 595,257 2,611,932 2,611,932 PLACENTIA 427,384 241,439 194,506 863,328 863,328 SAN CLEMENTE 461,425 242,151 195,075 898,651 898,651 SAN JUAN CAPISTRANO 109,685 135,652 109,289 354,626 354,626 SANTA ANA 2,458,253 1,691,264 1,362,512 5,$12,029 5,512,029 SEAL BEACH 429,238 166,480 134,125 729,843 729,843 STANTON 230,761 177,539 143,025 551,326 551,326 TUSTIN 646,075 393,618 317,108 1,356,801 1,356,801 VILLA PARK 12,403 24,309 19,580 56,292 56,292 WESTMINSTER 1,076,897 553,811 446,164 2,076,873 2,076,873 YORBA LINDA 475 0 01 475 475 CITY SUBTOTAL 23,877,849 14,344,883 11,556,452 49,779,185 0 49,779,185 SHERIFF 3,903,327 4,688,708 1,561,679 10,153,714 6,512,808 16,666,522 DISTRICT ATTORNEY 848,815 738,794 246,065 1,833,674 1,026,190 2,859,864 MARSHAL 1,075,484 742,197 247,210 2,064,890 1,030,963 3,095,853 PROBATION 1,205,209 910,580 303,290 2,419,079 1,264,838 3,683,917 ANIMAL CONTROL 222,577 271,464 90,415 584,456 377,065 961,521 EMA 0 0 0 0 0 0 GSA/COMMUNICATIONS 1,735,083 700,973 233,476 2,669,532 973,687 3,643,218 JOHN WAYNE AIRPORT 542,044 326,429 108,726 977,199 453,433 1,430,632 GSA/FAC OPS 0 0 0 0 0 0 IWMD 0 0 0 0 0 0 IRVINE RANCH WATER 0 0 0 0 0 0 OC SANITATION 0 0 0 0 0 0 SO COAST WATER 0 0 0 0 0 0 SPARES 0 0 0 0 0 0 GSA/TRANS 0 0 0 0 0 0 VECTOR CONTROL 0 0 0 0 0 0 OTHER COUNTY COSTS 0 0 01 0 COUNTY SUBTOTAL 9 532 538 8,379,145 2 790 860 20,702,5431 11,638.9831 32,341,526: TOTA 4, 4 4 7 DELETED 2,500,000 600,000 0 3,100,000 1,400,000 4,500,000 30,910,387 22,124,028 14,347,313 67,381,744 10,238,983 77,620,727 NAR: 20-Oct-95 EQUIP001 • • EXHIBIT D • ESTIMATED PAYMENT SCHEDULE SUMMARY - MOTOROLA CONTRACT AND$6.1 MILLION ADJUSTMENT FY95/96 FY96/97 FY97/98 FY98/99 FY99/2000 TOTAL ANAHEIM 623,425 1,534,828 2,547,828 945,967 307,434 5,959,482 BREA 239,121 582,618 971,164 356,754 114,879 2,264,536 BUENA PARK 140,893 345,133 574,069 212,051 68,611 1,340,757 COSTA MESA 255,979 615,716 1,031,654 373,930 118,990 2,396,269 CYPRESS 115,032 274,493 461,408 165,839 52,37 1,069,145 DANA POINT 45,770 117,481 191,852 74,249 24,970 454,322 FOUNTAIN VALLEY 125,645 302,464 506,624 183,784 58,527 1,177,044 FULLERTON 225,395 555,389 921,632 342,489 111,391 2,156,296 GARDEN GROVE 278,976 688,798 1,142,104 425,289 138,563 2,673,729 HUNTINGTON BEACH 493,647 1,198,392 2,000,516 732,113 234,969 4,659,638 IRVINE 266,964 657,203 1,090,991 405,039 131,628 2,551,825 LAGUNA BEACH 94,761 224,585 378,561 135,077 42,375 875,359 LAGUNA HILLS 35,700 90,025 148,034 56,304 18,672 348,735 LAGUNA NIGUEL 59,786 155,640 252,986 99,368 33,808 601,787 LAKE FOREST 60,920 157,881 256,869 100,339 33,992 610,001 LAHABRA 123,585 297,340 498,152 180,607 57,486 1,157,170 LA PALMA 57,573 134,063 227,613 79,683 24,553 523,485 LOSALAMITOS 56,649 130,430 222,478 76,921 23,418 509,895 MISSION VIEJO 88,113 227,514 370,689 144,286 48,745 879,348 NEWPORT BEACH 274,854 656,695 1,103,504 397,279 125,652 2,558,186 ORANGE 275,728 672,016 1,120,044 411,575 132,569 2,611,932 PLACENTIA 91,279 222,085 370,404 135,866 43,694 863,328 SAN CLEMENTE 95,482 231,046 386,193 140,858 45,074 898,651 SAN JUAN CAPISTRANO 35,633 91,726 149,626 58,069 19,572 354,626 SANTA ANA 575,140 1,419,987 2,354,529 876,733 285,639 5,512,029 SEAL BEACH 79,086 187,230 315,736 112,528 35,263 729,843 STANTON 57,099 142,145 234,926 88,212 28,943 551,326 TUSTIN 142,730 349,222 581,143 214,405 69,301 1,356,801 VILLA PARK 5,515 14,598 23,559 9,390 3,230 56,292 WESTMINSTER 220,964 533,889 892,933 325,175 103,911 2,076,872 YORBA LINDA 57 120 213 67 18 475 CITIES SUBTOTAL 5,241,501 12,811,153 21,328,036 7,860,245 2,538,249 49,779,184 * 7/1/99 - 12131/99 COUNTY SUBTOTAL 1 3,216,3041 5,048,90210,275,056 2,010,912 151,371 20,702,544 CITIES/COUNTY SUBTOTAL r 8 457 805 17 860 054 1 603 092,609,62UH70,481 ,729 COUNTY DELETIONS 600,000)1 (2,500,00 3 100 000 TOTAL ',260,054129,103,0921 9 871 157 2 689 620 67 381 729 NAR: 08-Dec-95 EOUIP007 • • MEMBERS OF THE CITY COUNCIL DIANE L.BATHGATE / JJOHN S.GELFF MATT HART � JOESOTO 32400 PASEO ADELANTO /.V Iplp,,,,,,,, DAVID M.SWERDLIN SAN JUAN CAPISTRANO, CA 92675 11I1I1„O ' 1961 (949) 493-1 171 1776 (949) 493-1053 (FAX) INTERIM CITY MANAGER lvtvivsanjuancapistrano.org PAMELA GIBSON TRANSMITTAL TO: Darlene Bloom, Clerk of the Board, PO Box 687, Santa Ana, CA 92702 FROM: Meg Monahan, CMC, City Clerk RE: Amendment to Joint Agreement for the Implementation and Operation of the Orange County 800 Megahertz Countywide Coordinated Communications System DATE: September 9, 2003 Enclosed, please find (1) original executed amendment to the agreement, as approved by the City Council of the City of San Juan Capistrano on Tuesday, September 2, 2003. (1) original signed agreement has been retained by our office for our records. Cc: Michael Cantor, Management Analyst II oxuo use n San Juan Capistrano: Preserving the Past to Enhance the Future 912/2003 D AGENDA ITEM TO: Pamela Gibson, Interim City Manager FROM: Cindy Russell, Interim Assistant City Manager SUBJECT: Consideration of an Amendment to the Joint Agreement for the Implementation and Operation of the Orange County 800 Megahertz (MHz) Countywide Coordinated Communication System. RECOMMENDATION: By motion, approve the Amendment to the Joint Agreement for the Implementation and Operation of the Orange County 800 MHz Countywide Coordinated Communications System; authorize the Mayor to execute the Amendment; and, direct the City Clerk to forward the amendment to the Orange County Clerk of the Board. SITUATION: A. Summary and Recommendation Based on our participation in the 800 MHz Countywide Coordinated Communication System, staff recommends that the City Council 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 and authorize the Mayor and City Clerk to execute two copies of the Joint Agreement Amendment for processing through the County Clerk of the Board. B. Background In early 1996, the City of San Juan Capistrano as well as 30 other cities, the Orange County Fire Authority, and the County of Orange, executed the 800 MHz Joint Agreement for the Implementation and Operation of the Orange County 800 MHz Countywide Coordinated Communications System. Section 15 of this Agreement called for the County, Cities, and the Orange County Fire Authority to share in the cost of 800 MHz Backbone System expenses. It stated that the Governance Committee would specify the appropriate costs to be included in this cost-sharing arrangement and the formula on how these costs would be distributed to the parties to the Agreement. Agreement has now been reached on what costs are to be included in this cost-sharing arrangement and how the costs are to be allocated based on radio counts. FOR CITY COUNCIL AGENDAOW, Agenda Itqm • • September 2, 2003 Page 2 All 34 cities are being asked to approve the Joint Agreement Amendment as negotiated. It offers a fair and reasonable assessment, with the County accepting more financial responsibility than reflected in its radio counts. In FY 2003/2004, the County will be paying 51% of the backbone cost-sharing expenses, yet has only 26.6% of the radio equipment. Considering the magnitude of the total investment (the backbone radio system equipment currently totals $21 million), the County, 34 cities, and the Orange County Fire Authority are being asked to jointly support the cost of backbone operations. This support assures that this highly complex, state-of-the-art system is seamlessly maintained and technically supported. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not Applicable. FINANCIAL CONSIDERATIONS: For the City of San Juan Capistrano, the FY 2002/2003 annual operations infrastructure expense obligation was $4115. The repayment obligation over a five-year period with no interest is $823 a year with the first payment due in FY 2003/2004, with a breakdown as follows: • Police Department: $773.62 (33 units = approximately 94% of equipment) • Public Works Department: $ 49.38 (2 units = approximately 6% of equipment) The $823 is in addition to the current annual operations and infrastructure fees of $6777. The total due for FY 2003/2004 is $7600. Funds to meet this obligation are available in account #01-62185-4240. NOTIFICATION: Not Applicable ALTERNATE ACTIONS: 1. By motion, approve the Amendment to the Joint Agreement for the Implementation and Operation of the Orange County 800 MHz Countywide Coordinated Communications System; authorize the Mayor to execute the Amendment; and, direct the City Clerk to forward the amendment to the Orange County Clerk of the Board. 2. Request additional information from staff. Agenda ltgm • • September 2, 2003 Page 2 RECOMMENDATION: By motion, approve the Amendment to the Joint Agreement for the Implementation and Operation of the Orange County 800 MHz Countywide Coordinated Communications System; authorize the Mayor to execute the Amendment; and, direct the City Clerk to forward the amendment to the Orange County Clerk of the Board. Respectfully submitted, Prepared by: Cindyy R� Michael Cantor Interim Assistant City Manager Management Analyst II Attachment: 1. Amendment to Joint Agreement AMENDMENT TO JOINT AGREEMENT FOR THE IMPLEMENTATION 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 800MH2 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: -1. 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. Attachment 1 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 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. 113 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 By 141MfRl�+ �e Dated: (a — Approved As to Form: County Counsel By Dated: G 'Z9"09 SIGNED AND CERTIRE- ' = 1HIS MAS THE DF THE B ATTESt: DARLEty J. W v- CIERKN F THE . SUPERMSOM DRANU CWNT�. Ln:iiA 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 By: John S. Gelff, Mayor Date ATTEST: Margaret R. Monahan, City Clerk Date APF( VE AS TO FORM: 0 John Shaw, City Attorney Dat CITY OF: San Juan Capistrano ATTEST: By:� t. � d a / Wyatt art, Mayor 2/20/96 By: City Clerk Dated: February 20, 1996 19_ Approved As To Form: City Attorney Y-zZ 9C CONTRACT/JTAGREE.DOC 1M:Skb 01/30/96 8:49 AM Page 19 • • ROBERT A.GRIFFITH, Director General Services Agency UNTY OF 1 2 f 5 3 RANGE GENERAL SERVICES AGENCY 14 Civic Center Plaza,First Floor Santa Ana,California 92701-4047 (714)834-5500 FAX(714)834-5956 June 6, 1996 TO: Orange County City Managers and Orange County Fire Authority Director SUBJECT: Executed 800 MHz Joint Agreement Enclosed is an executed copy of the 800 MHz Countywide Coordinated Communications System Joint Agreement for your records. If you provided any additional signed copies of the agreement, we are returning them to you in this package. The complete original with signed pages for each city and the Orange County Fire Authority remains on file with the County. If you have any questions, please call Susan Markey, GSA/Communications, at 704-7907. Robert A. Griffith, Director General Services Agency SM:skb Enclosure 961800MHz.147 jUH 1 0 1996 COUNTY OF ORANGE GSA/COMMUNICATIONS 'FROM THE DESK OF SANDY BLANSETT 4/17/96 To: Cheryl Johnson, City Clerk City of San Juan Capistrano Re: 800 MHz Joint Agreement San Juan Capistrano City Council, 2/20/96 Per our conversation, I have attached a copy of the 800 MHz Joint Agreement, approved by the City of San Juan Capistrano City Council on 2/20/96. Please obtain appropriate signatures and mail to: Susan Markey, Administrative Manager GSA/Communications County of Orange 840 North Eckhoff St., Suite 104 Orange, CA 92668-1021 Robert A. Griffith, Director of General Services Agency, County of Orange, will then fully execute the Agreement and a copy will be mailed to you. If you have any questions, please call me. Thanks for your assistance. �— Sandy Blansett 800 MHz Project Secretary (714) 704-7934 � I MEMBERS OF THE CIT'COUNCIL COLLENE CAMPBELL VVY rr ART GIL JON S �IololaAluCAROLYN NADH tit1961 DAVID swERGUN Cm MANAGER GEORGE SCARBOROUGH April 22, 1996 Susan Markey, Administrative Manager GSA/Communications COLInty of Orange 840 North Eckhoff Street, Suite 104 Orange, California 92668 Re: 800 MHZ Joint Aareement Dear Ms. Markey: At their meeting of February 20, 1996, the City Council of the City of San Juan Capistrano approved the Joint Agreement for the Implementation and Operation of the Orange County 800 MHz Countywide Coordinated Communications System. A copy of Agreement has been executed by City officials and is enclosed. Upon completion, please mail a fully- executed copy to the City Clerk's office for retention with the City's official documents. Thank you for your cooperation. If you need further information, please let me know. Very truly yours, Cheryl Joh on City Clerk Enclosure 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 4931171 ADMINISTRATIVE ITEMS CITY NVkNAGER — I JOINT AGREEMENT FOR THE IMPLEMENTATION AND OPERATION OF THE ORANGE COUNTY 800 MIL CO=NICAT_IO_NS SYSTEM_F_Aa_ !_F_nn sen (CONTINUED FROM FEBRUARY 6. 1996) {T\ Written Communication: Report dated February 20, 1996, from the City Manager, recommending that the proposed Joint Agreement for the Implementation and Operation of the Orange County 800 Megahertz Communications Systems be approved. This item was continued from the meeting of February 6, 1996, for further evaluation of the governance issue by city managers. The Agreement proposed a$56,349 increase to the City for the system over the pre-bankruptcy estimate, for a total of 5354,626 to be paid over a five-year period. The costs for the system would be distributed 39.3%to participating cities and 60.7% to the County. The Agreement also provided that the operation's Governance Committee, comprised of representatives from cities and the County,would make budgetary recommendations and that each city would have the right to review and approveldeny the budget. Approval of Joint Agreement with County for 800 bffjLQM0UUjCAfigns S=em: It was moved by Council Member Nash, seconded by Council Member Campbell, and unanimously carried that the proposed Joint Agreement for the Implementation and Operation of the Orange County 800 Megahertz Communications Systems be approved. The Mayor was authorized to execute the Agreement on behalf of the City. 2. SELECTION OF CONSULTANT FOR PREPARATION OF CL= EMERGENCY OPERATIONS PLAN (MARI RE MILLER) (600.30) Written Communication: Report dated February 20, 1996, from Douglas Dumhart, Management Analyst H, recommending that the proposed Agreement for consultant services with Marilee Miller be approved to prepare the City's Emergency Operations Plan and update the City's SONGS Plan at a cost of$26,250. AppLg3W of Agreement with Marilee Miller Re- City's Emergency Operations and SONGS PIM: It was moved by Council Member Nash, seconded by Council Member Swer" and unanimously carried that the proposed Agreement for consultant services with Marilee Miller be approved to prepare the City's Emergency Operations Plan and update the City's SONGS Plan at a cost of$26,250, with work to be completed on or before December 19, 1996. C,N Cosi%snuu -6- AGENDA ITEM February 20, 1996 TO: Honorable Mayor and City Council FROM: George Scarborough, City Manager SUBJECT: Consideration of a Joint Agreement for the Implementation and Operation of the Orange County 800 Megahertz Communications System RECOMMENDATION: Approve the Joint Agreement for the Implementation and Operation of the Orange County 800 Megahertz Communications System. SITUATION: Backaround• Earlier this year, the City Council approved participation in a Joint Powers Authority so that the 800 MHz radio system project could proceed in spite of funding problems for the County's portion of the system resulting from the bankruptcy. At that time there was an agreed upon price for the system, with an agreed upon distribution of costs between the Cities and the County. The County was subsequently able to find funding for its portion of the system, and proceeded to enter into the contract with Motorola making the Joint Powers Authority no longer critical to completion of this project. In late December the Board of Supervisors adopted a Joint Agreement for the Implementation and Operation of the 800 MHz system. The Joint Agreement which the Supervisors adopted unilaterally changed the agreed upon allocation of costs for the 800 MHz system, thereby raising the cost of participation in the project to each of the Cities. The County maintains that as a result of its severe financial difficulties it is unable to honor the level of funding it committed to "pre-bankruptcy" and must require Cities to pay $6.1 million more towards the construction of the system. As defined in the Exhibit D to the Joint Agreement, San Juan Capistrano's financial contribution under the terms of the agreement is $354,626 to be paid over five years. This represents a $56,349 increase over our identified contribution "pre-bankruptcy". FOR CITY COUNCIL AGER �� Agenda Item -2- February 20, 1996 Another key area that the Board of Supervisors acted unilaterally on was the status of the Governance Committee. It had been agreed that the operations of the 800 MHz system would be overseen by a Governance Committee consisting of representatives from both the Cities and the County, thereby insuring full participation of Cities in governance. Although the Board of Supervisors had included the Governance Committee within the Joint Agreement, they had provided that the Committee would be only advisory on budgetary issues and the Board would have full autonomy on budgetary matters. The Cities felt that position was unacceptable. Since the Board's unilateral action in December, additional negotiations have occurred on these disputed issues. The attached agreement, which was approved by the Board on February 6, contains revisions to the December agreement. The agreement now provides that the Governance Committee will make budgetary recommendations but that each party to the agreement must approve the budgets. Each City therefore has the right to review and approve or deny the budget. However, the County is not willing to modify the cost allocation plan included in their December action. Summary of Cost Allocations: The total cost of the 800 MHz system is $81.6 million consisting of a $70 million contract with Motorola and $11.6 million for site development. The total cost is allocated into five areas: 1. Field equipment is based on the individual Cities' and County costs for law enforcement portable radios, mobile radios, and consoles, as well as installation of this equipment. The County share of this area is $9.5 million and the Cities' share is $23.9 million. 2. The low-level backbone/infrastructure includes common site equipment, master site equipment, mutual aid systems and diagnostic system, for a total of$10.2 million. This low-level backbone is spread to the Cities and County based on a formula of number of radios and projected population for the year 2000. The Cities' share is $8.2 million and the County share is $2.0 million. 3. The high-level backbone/infrastructure includes the North County system, the South County system, County-wide system, and microwave system, for a total of$12.5 million. The County had agreed to pay the high-level backbone system "pre-bankruptcy." The Joint Agreement which the Supervisors have adopted unilaterally assigns $6.1 million of the $12.5 million to the Cities. Agenda Item -3- February 20, 1996 4. Shared services includes Motorola program management, backbone system installation, engineering, insurance, warranty and training costs. The costs were allocated based on number of mobile and portable radios. The Cities' share is $11.6 million and the County's share is $2.6 million. 5. Capital projects include the design and construction of towers, antennas,and radio structures at each of the backbone sites. The full expense of this area is assigned to the County and totals $11.6 million. The total cost of the system is distributed $32.3 million (39.3%) to the Cities and $49.8 million (60.7%) to the County. The original "pre-bankruptcy" distribution of costs represented an extremely good deal for the Cities. Given that the total number of mobile and portable radios that will use the system breaks down to 82% Cities and 18% County, the County can make a very good case that the Joint Agreement still provides the Cities with a very good financial deal. At this time, it appears that all Orange County Cities are likely to participate in the 800 MHz system and will be executing the agreement. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: Under the terms of the Joint Agreement, our contribution would total $354,626 to be paid over a five year schedule. The payment schedule is attached as Exhibit D to the agreement. Payment would be made from the City's Internal Service Fund. NOTIFICATION• Not applicable. ALTERNATE ACTIONS: 1. Approve the Joint Agreement for the Implementation and Operation of the Orange County 800 Megahertz Communications System. 2. Request additional information. Agenda Item -4- February 20, 1996 RECOMMENDATION: Approve the Joint Agreement for the Implementation and Operation of the Orange County 800 Megahertz Communications System. Respectfully submitted, G u� Ci Manager GS:dh Attachment • 9. REQUEST FOR CONTINUED PARTICIPATION IN THE MORTGAGE CREDIT CERTIFICATE PROGRAM FOR FIRST-TIME HOMEBUYERS (COUNTY OF ORANGE/COOPERATIVE AGREEMENT) (600.50) As set forth in the Report dated February 6, 1996, from the Planning Director, the following Resolution was adopted authorizing the City's continued participation in the Mortgage Credit Certificate Program with the County of Orange to assist first-time homebuyers: RESOLUTION NO, 96-2-6-3. CONTINUED PARTICIPATION IN MORTGAGE CREDIT CERTIFICATE PROGRAM (COUNTY OF ORANGE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING CONTINUED PARTICIPATION IN THE MORTGAGE CREDIT CERTIFICATE PROGRAM WITH THE COUNTY OF ORANGE FOR FIRST-TIME HOMEBUYERS (COUNTY OF ORANGE) 10. DENIAL OF CLAIM - DAMAGES (SAN JUAN GOLF. INC.) (170.10) The Claim for Damages filed by Arthur S. Frumkin of the law offices of Fox & Frumkin, on behalf of San Juan Golf, Inc., was denied in its entirety, as set forth in the Report dated February 6, 1996, from the City Attorney. PUBLIC HEARINGS None. RECESS AND RECONVENE Council recessed at 8:26 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:30 p.m. as the City Council. ADMINISTRATIVE ITEMS CITY MANAGER(CONTINUED) —� 2. JOINT AGREEMENT FOR THE IMPLEMENTATION AND OPERATION OF THE ORANGE COUNTY 800 MHz COMMUNICATIONS SYSTEM (600.50) (CONTINUED FROM JANUARY 16. 1996 Written Communication: Report dated February 6, 1996, from the City Manager, recommending that consideration of the implementation of the 800 MHz system be continued to the meeting of February 20, 1996, for further evaluation of the governance issue by city managers. city Co .,l Minutes -lo- 216196 • Continuance of Item: • It was moved by Council Member Jones, seconded by Council Member Swerdlin, and unanimously carried that this item be continued to the meeting of February 20, 1996, per the request of staff. CITY ATTORNEY L URGENCY ORDINANCF, AMENDING TITLE 5 CHAPTER 24 OF THE MUMCIPAL. CODE - REGULATION OF MASSAGE LICENSING (ADOPTION) 460.30 Written Communications: (1) Report dated February 6, 1996, from the City Attorney, recommending that an Urgency Ordinance be adopted amending the City's massage licensing ordinance to conform to the model ordinance of the County in order to facilitate greater coordination of background checks and vice enforcement activities with law enforcement with regard to certain types of massage operations. (2) Memorandum dated February 6, 1996, from the City Clerk, advising that students from a massage therapy school would be in attendance at the meeting. (3) Letter dated February 6, 1996, from Chris Voltarel of Head to Toe Massage Therapy, representing the Orange County Unit of the American Massage Therapy Association, . offering assistance in developing a stringent massage therapy ordinance for the City. Public Comments: (1) Sherry Laursen, 25881 Avenida Mariposa, indicated she has been a local massage practitioner for over ten years. She urged that illegitimate massage therapy not be tolerated by placing a cap on licensing and regulating vice checks. (2) Robert B. Meyer, 25881 Avenida Mariposa, associate of Sherry Laursen Associates, spoke in favor of requiring 1)background checks for massage therapists and 2) 200 hours of education. He felt that requiring additional hours for education would force many legitimate therapists to go back to school or lose their license. (3) Carmen Penna, 34832 Calle Lonia, Capistrano Beach, a massage therapy practitioner in San Juan Capistrano, requested that the proposed Ordinance not be adopted until the Council has had a chance to read the resources she could provide. She felt that requiring a therapist to have 500 hours of education was excessive, noting she had less than that but had credentials in pregnancy and pediatric massage. (4) Gregory Perez, 789 W. 18th Street #2E, Costa Mesa, a student of a massage therapy school accredited by the Massage Therapy Association, suggested that before adopting the Ordinance, the Council should be informed by professionals in the field regarding the • steps necessary to do massage therapy. He felt that requiring five years of experience for City Council Minuma 26,96 AGENDA ITEM February 6, 1996 TO: Honorable Mayor and City Council FROM: George Scarborough, City Manager SUBJECT: Consideration of a Joint Agreement for the Implementation and Operation of the Orange County 800 MHZ Communications System SITUATION: It is requested that consideration of this item be continued until February 20, 1996. There is a need to further evaluate and conclude the issues of governance of the 800 MHZ system with other potential system participants. I anticipate that all issues associated with the delay in considering this item will be resolved by this time. Respectfully submitted, org c bor g ity Mana e FOR CITY COUNCIL AGENI9O AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 4 OF THE MUNICIPAL CODE BY ADDING A NEW CHAPTER 8 ENTITLED "DESIGNATION OF VERY HIGH FIRE HAZARD SEVERITY ZONES WITHIN THE CITY" AND ESTABLISHING PROCEDURES FOR THE MODIFICATION OF VERY HIGH FIRE HAZARD SEVERITY ZONES The motion carried by the following vote: AYES: Council Members Campbell, Jones, Nash, and Mayor pro tem Swerdlin NOES: None ABSENT: Mayor Hart 2. JOINT AGREEMENT FOR THE IMPLEMENTATION AND OPERATION OF THE ORANGE COUNTY 800 z COMMUNICATIONS SYSTEM(600.50) Written Communications: (1) Report dated January 16, 1996, from the City Manager, reporting on the discussions and actions taken to date by the County Board of Supervisors with regard to the . implementation of the 800 MHz system and proposed cost increases to participating cities. The Report noted that the cost increase to San Juan Capistrano as a result of the County's bankruptcy status would be $56,349, for a total of$354,626 to be paid over a five-year period. (2) Memorandum dated January 12, 1996, from the City Manager, reporting on the County's extension of the deadline to the end of February 1996 for cities to accept the Joint Agreement. He recommended that the item be continued to the February 6 meeting to allow City Managers the opportunity to resolve the governance issue. Mr. Scarborough made an oral presentation, noting that the item could be brought back by either the first or second meeting in February and still meet the County's deadline. Council Member Nash requested that staff provide the Council with information regarding the issue of antennae for the communications system, including their exact location, potential impacts on the community, and whether the City could provide suggestions for appropriate locations. City Council Minutes -8- 1/16/96 Continuance of Item: . It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carried that this item be continued to the meeting of February 6, 1996. ENGINEERING AND BUELDING SERVICES DIRECTOR L CONSIDERATION OF FEE WAIVER REOLEST FOR SLOPE UEAIR- TRACT 6305. LOTS 16-22 (HUNT CLUB) (390.30) (CONTINUED FROM J Ni Ry 2- 1996) Written Communication: Report dated January 16, 1996, from the Engineering and Building Director, regarding the request of seven property owners on Hunt Club Drive to waive all fees associated with the proposed slope repair within Tract 6305, Lots 16-22. Staff recommended that a fee waiver be granted to provide for the payment of actual costs to the City for plan checking and inspection, including any out-of-pocket costs for outside consultants, not to exceed the fee schedules. This item was continued from the meeting of January 2, 1996, at the request of staff. Public Comments: (1) Anthony Montebello, 30812 Hunt Club Drive, spoke in support of reducing the fees. (2) Thomas Merrell of Civic Solutions, 31726 Rancho Viejo Road, Suite 223, stated he • spoke on behalf of the seven homeowners in this matter. He suggested that Alternative #4 in the Staff Report be adopted, approving a waiver of all City fees except for direct out-of-pocket fees for outside consultant review. He noted that the homeowners in question did not have insurance for this type of repair and have incurred high out-of-pocket expenses. Mr. Huber explained that the staff recommendation would waive the fee schedule and only charge actual costs. In the event additional work was required, the charge would not exceed what would have been required by the fee schedule. Alternative #4 would waive the fee schedule and staff time and only charge for time spent by the outside consultant. He further explained the City's policy to hire an outside independent geotechnical firm to review submittals from the applicants' geotechnical firm to assure the plans were prepared in accordance with City standards, and good grading and geotechnical practices. City staff time would only involve review of the documents to ensure conformity with the City's codes; and, inspection costs. In response to Council Member Jones Mr. Huber advised that since 1993, approximately 44 permits had been processed for similar occurrences on single lots, several of which the cost had been equal to this occurrence. He noted that no fee waivers had been requested. Mr. Scarborough added that the requirement for a third party review by an outside consultant . City Council Minutes -9- 1/16/96 AGENDA ITEM January 16, 1996 TO: Honorable Mayor and City Council FROM: George Scarborough, City Manager SUBJECT: CONSIDERATION OF A JOINT AGREEMENT FOR THE IMPLEMENTATION AND OPERATION OF THE ORANGE COUNTY 800 MEGAHERTZ COMMUNICATIONS SYSTEM RECOMMENDATION: A staff recommendation will be provided to the City Council in a supplemental staff report. SITUATION: Backeround: In 1995, the City Council approved participation in a Joint Powers Authority so that the 800 MHz radio system project could proceed in spite of funding problems for the County's portion of the system resulting from the bankruptcy. At that time there was an agreed upon price for the system, with an agreed upon distribution of costs between the Cities and the County. The County was subsequently able to find funding for its portion of the system, and proceeded to enter into the contract with Motorola making the Joint Powers Authority no longer critical to completion of this project. In late December the Board of Supervisors adopted a Joint Agreement for the Implementation and Operation of the 800 MHz system. The Agreement was transmitted to the Cities the first week of January,and the County has stated that individual Cities must adopt by February 2 or risk additional cost to join the system. The Joint Agreement which the Supervisors have adopted unilaterally changes the agreed upon allocation of costs for the 800 MHz system, thereby raising the cost of participation in the project to each of the Cities. The County maintains that as a result of its severe financial difficulties it is unable to honor the level of funding it committed to"pre-bankruptcy"and must require Cities to pay $6.1 million more towards the construction of the system. As defined in Exhibit D to the Joint Agreement, San Juan Capistrano's financial contribution under the terms of the agreement is $354,626 to be paid over five years. This represents a $56,349 increase over our identified contribution "pre-bankruptcy." Another key area that the Board of Supervisors have acted unilaterally on is the status of the Governance Committee. It had been agreed that the operations of the 800 MHz system would be overseen by a Governance Committee consisting of representatives from both the Cities and the FOR CITY COUNCIL AGEN G /_6 Agenda Item -2- January 16, 1996 County. Although the Board of Supervisors have included the Governance Committee within the Joint Agreement,they have provided that the Committee will be only advisory on budgetary issues. The Cities feel it is critical that the Governance Committee have full budgetary control. Many of the largest cities in Orange County have stated unequivocally that they will not agree to the Joint Agreement adopted by the Board of Supervisors and, therefore, will not participate in the funding or construction of the 800 MHz system. Those cities represent more than 33% of the total number of radio units which would use the system and more than 50% of what would have been the Cities' financial contribution to the system. However, the County has insisted that the 800 MHz system can be built and function successfully without the participation of the larger cities and without any cost increase to whichever remaining cities agree to participate in the system. The South County City Managers are meeting with representatives of the County on Wednesday, January 10,to obtain more complete information. Following the Wednesday meeting,I will provide the City Council with a supplemental report including alternative actions and a recommendation. Summary of Cost Allocations: The total cost of the 800 MHz system is $81.6 million consisting of a $70 million contract with Motorola and $11.6 million for site development. The total cost is allocated into five areas: 1. Field equipment is based on the individual Cities' and County costs for law enforcement portable radios, mobile radios, and consoles, as well as installation of this equipment. The County share of this area is $9.5 million and the Cities'share is $23.9 million. 2. The low-level backbone/infrastructure includes common site equipment,master site equipment, mutual aid systems and diagnostic system, for a total of$10.2 million. This low-level backbone is spread to the Cities and County based on a formula of number of radios and projected population for the year 2000. The Cities' share is $8.2 million and the County share is $2.0 million. 3. The high-level backbone/infrastructure includes the North County system, the South County system, County-wide system, and microwave system, for a total of $12.5 million. The County had agreed to pay the high-level backbone system "pre- bankruptcy." The Joint Agreement which the Supervisors have adopted unilaterally assigns $6.1 million of the $12.5 million to the Cities. 4. Shared services includes Motorola program management, backbone system installation, engineering, insurance, warranty and training costs. The costs were allocated based on number of mobile and portable radios. The Cities'share is $11.6 million and the County's share is $2.6 million. 5. Capital projects include the design and construction of towers, antennas, and radio structures at each of the backbone sites. The full expense of this area is assigned to the County and totals $11.6 million. Agenda Item -3- January 16, 1996 The total cost of the system is distributed $32.3 million (39.3%) to the Cities and $49.8 million (60.7%) to the County. The original"pre-bankruptcy"distribution of costs represented an extremely good deal for the Cities. Given that the total number of mobile and portable radios that will use the system breaks down to 82% Cities and 18% County,the County can make a very good case that the Joint Agreement still provides the Cities with a very good financial deal. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: Under the terms of the Joint Agreement, our contribution would total $354,626 to be paid over a five year schedule. The payment schedule is attached as Exhibit D to the agreement. Payment would be made from the City's Internal Service Fund. NOTIFICATION: Not applicable. ALTERNATE ACTIONS: Alternative actions will be provided to the City Council in a supplemental staff report. RECOMMENDATION: A staff recommendation will be provided to the City Council in a supplemental staff report. Respectfully sub itted, or Sca oro ty Manag r GS:dh Attachment Copy of Joint Agreement in City Clerk ' s Office for review. MEMORANDUM January 12, 1996 TO: Honorable Mayor and City Council FROM: George Scarborough, City Manager �y SUBJECT: Consideration of a Joint Agreement for the Implementation and Operation of the Orange County 800 MHz Communications System As a result of the City Managers' meeting with County representatives on Wednesday, January 10, the County has extended the deadline for the Cities to accept the Joint Agreement until the end of February. I will be recommending to the City Council on January 16th,, that they continue the 800 MHz agenda item until the February 6th City Council meeting in order to allow the City Managers the opportunity to resolve the governance issue. GS:dh %� c�l9 � L