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.
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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
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