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05-0315_ORANGE ,COUNTY_Joint AgreementJOINT AGREEMENT FOR THE OPERATION, MAINTENANCE, AND FINANCIAL MANAGEMENT OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM NOVEMBER 2004 Joint Agreement Nov232004 Final SD TABLE OF CONTENTS 1. SYSTEM...............................................................................................................................1 2. DEFINITION OF TERMS....................................................................................................2 3. OPERATIONAL POLICIES - LAW ENFORCEMENT SUBSYSTEM ............................3 4. OPERATIONAL POLICIES - FIRE SUBSYSTEM...........................................................3 5. OPERATIONAL POLICIES - LIFEGUARD SUBSYSTEM.............................................4 6. OPERATIONAL POLICIES - PUBLIC WORKS SUBSYSTEM......................................4 7. OPERATIONAL POLICY....................................................................................................4 8. OPERATIONAL POLICY REVIEW...................................................................................6 9. MUTUAL AID......................................................................................................................6 10. RELINQUISHING EXISTING OPERATING CHANNELS..............................................7 11. SYSTEM TECHNICAL MANAGEMENT..........................................................................8 12. SYSTEM MODIFICATION COST APPROVALS.............................................................9 13. CONTRACTS.....................................................................................................................10 14. EQUIPMENT FACILITIES AND STRUCTURES...........................................................11 15. SYSTEM MODIFICATIONS AND COST SHARING.....................................................11 16. ADDITIONAL PARTICIPATING AGENCIES/USERS OR CONSOLIDATION . OF PARTICIPATING AGENCIES....................................................................................16 17. LIABILITY.........................................................................................................................18 18. GOVERNANCE COMMITTEE.........................................................................................18 19. AGREEMENT AMENDMENT PROCESS.......................................................................19 20. WITHDRAWAL FROM SYSTEM....................................................................................19 Joint Agreement Nov232004 Final JOINT AGREEMENT FOR THE OPERATION, MAINTENANCE AND FINANCIAL MANAGEMENT OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM This Agreement is entered into on , 2005 by and between the Parties listed on Exhibit"A" which is attached hereto and incorporated herein. This Agreement replaces the 1996 Agreement as amended, and to the extent there is a conflict, this Agreement controls. Exhibit "A" identifies the Parties to the Agreement. Exhibit "B" identifies the Partner Agencies currently operating on the system. Exhibit "C" identifies the current Mutual Aid operations on the system as approved by the appropriate body (Orange County Chiefs of Police and Sheriffs Association [OCCOPSA], Orange County Fire Chiefs' Association [OCFCA], Orange County Public Works Committee [OCPWC], or Orange County Lifeguard Committee [OCLC]). Exhibit "D" identifies those Participating Agencies that have joined the system as everyday users but were not original Partners on the system. Partners and Participating Agencies on the 800 MHz CCCS are limited to public entities. RECITALS: Whereas, the initial installation and implementation of the 800 MHz Countywide Coordinated Communications System (800 MHz CCCS) has been completed; and, Whereas, the Parties to the Agreement want to define operational, technical and financial requirements and guidelines going forward; and, Now, Therefore, in consideration of the mutual covenants, conditions, agreements and stipulations hereinafter expressed, the Parties hereby agree as follows: 1. SYSTEM The 800 MHz CCCS, hereinafter referred to as System, has been implemented in the County of Orange. Said System is described in Contract No. S0000015.95 for an 800 MHz CCCS, dated September 19, 1995, and related Amendments No. 1, 2, 3, 4, 5 and appropriate change orders. The Parties hereby designate Orange County Sheriff -Coroner Department (OCSD)/Communications Division as the "Lead Agency" in maintaining and enhancing the System. Joint Agreement Nov232004 Final Page 1 2. DEFINITION OF TERMS "Contract City" is defined as a city receiving law enforcement, lifeguard, public works or fire services from the County or any Partner Agency under the terms of a contract. "Fire Agency" is defined as, and shall include, all governmental Fire Agencies operating primarily within the limits of Orange County. "Governing Authority" is a City Council, County Board of Supervisors or Orange County Fire Authority Board of the Partner Agencies, responsible for approving cost modifications. Exhibit "A" provides a list of City, County, and Orange County Fire Authority administrators representing these bodies. "Law Enforcement Agency" is defined as all governmental Law Enforcement Agencies operating primarily within the limits of Orange County, as follows: Orange County Sheriffs Department, Orange County City Police Departments, Orange County District Attorney's Office, and Orange County Probation Department. "Lifeguard Agency" is defined as, and shall include, all governmental lifeguard agencies operating primarily within the limits of Orange County. "Mutual Aid Provider" is defined as any governmental or private organization, not otherwise defined in this Agreement, that has a legitimate Mutual Aid operational requirement with another Partner or Participating Agency. Guidelines for the approval of a mutual aid provider have been developed and are available to OCCOPSA, OCFCA, OCPWC and OCLC as needed. "Net" is defined as a group of Partner Agencies who operate a joint dispatch center, or a combination of radio dispatch talkgroups used by a fixed group of Partner Agencies. "New City" is defined as a city incorporated after the effective date of this Agreement. "Non-City/Non-County User" is defined as a special district, water district, sanitation district, or similar governmental or quasi -governmental agency. These are Participating Agencies. "Participating Agency" is any agency identified in Exhibit D that would not have a role in defining the operation of the 800 MHz CCCS, but would pay to join the system based on a predefined allocation. "Partner Agencies" are those agencies identified in Exhibit "B" that have joined the 800 MHz CCCS for everyday use since its original inception and are operating on the 800 MHz System. Joint Agreement Nov232004 Final Page 2 "Parties" are those public entities which are listed in Exhibit "A." "Public Works Agency" is defined as, and shall include, all County or City departments that perform public works functions, other than those defined as a Law Enforcement, Lifeguard or Fire Agency. Public Works Agencies include, but are not limited to, Public Works Departments, Municipal Utility Departments, and County agencies including Resources and Development Management Department, John Wayne Airport, Health Care Agency, and Integrated Waste Management Department, and public works functions within County operations such as the Transportation and Facilities Operations functions with the Sheriffs Department and Probation. "Subsystem" is defined as one of four operational subsystems that use common equipment, each in a similar way, but use different operational procedures. These are referred to as the Law Subsystem, the Fire Subsystem, the Lifeguard Subsystem and the Public Works Subsystem. "System Backbone" is defined as those portions of the System Backbone that provide the means by which dispatch centers and mobile radios communicate with each other, and is composed of radio infrastructure equipment, microwave equipment, and associated control equipment. "System Field Equipment" is defined as that portion of the System that uses the System Backbone for communications and consists of dispatch center equipment, mobile radios, and portable radios. 3. OPERATIONAL POLICIES — LAW ENFORCEMENT SUBSYSTEM The Orange County Chiefs of Police and Sheriff's Association (OCCOPSA) is an established organization composed of representatives from the Sheriff's Department, City Police Departments, District Attorney's Office and Probation Department. The OCCOPSA Communications Committee has been delegated by OCCOPSA the responsibility for operational policy development for the Law Enforcement Subsystem. Partner and Participating agencies agree that operational policy for the Law Enforcement Subsystem shall be developed by the OCCOPSA Communications Committee and ratified where appropriate by the OCCOPSA, in accordance with the terms and conditions of this Agreement. 4. OPERATIONAL POLICIES — FIRE SUBSYSTEM The Orange County Fire Chiefs' Association (OCFCA) is an established organization composed of representatives from the Orange County Fire Authority and City Fire Departments. The OCFCA Communications Committee has been delegated by OCFCA the responsibility for operational policy development for the Fire Subsystem. Partner and Participating agencies agree that operational policy for the Fire Subsystem shall be developed by the OCFCA Communications Joint Agreement Nov232004 Final Page 3 Committee and ratified where appropriate by the OCFCA, in accordance with the terms and conditions of this Agreement. 5. OPERATIONAL POLICIES — LIFEGUARD SUBSYSTEM The Orange County Lifeguard Committee (OCLC) is an established organization composed of representatives from the City and County Lifeguard Departments. The OCLC Communications Committee has been delegated by OCLC the responsibility for operational policy development for the Lifeguard System. Partner and Participating agencies agree that operational policy for the Lifeguard System shall be developed by the OCLC Communications Committee and ratified where appropriate by the OCLC, in accordance with the terms and conditions of this Agreement. 6. OPERATIONAL POLICIES — PUBLIC WORKS SUBSYSTEM The Orange County Public Works Committee (OCPWC) is an established organization composed of representatives from the City and County Public Works Departments. The OCPWC has been delegated the responsibility for operational policy development for the Public Works Subsystem. Partner and Participating agencies agree that operational policy for the Public Works Subsystem shall be developed by OCPWC and ratified where appropriate, in accordance with the terms and conditions of this Agreement. 7.0 OPERATIONAL POLICY 7.1 Law Enforcement Subsystem The administration and ongoing development of the Law Enforcement Subsystem operational policy has been delegated to the OCCOPSA Communications Committee. That Committee reports to the OCCOPSA. Policies developed by OCCOPSA for the operations of the Law Enforcement Subsystem shall ensure that each participant is treated equitably and has sufficient communications capability to meet its legitimate needs. Any dispute between Partner and Participating Agencies over operational policies shall be reviewed by the OCCOPSA Communications Committee, and if not resolved, then reviewed by the OCCOPSA. Any unresolved dispute may be appealed to the Governance Committee for final decision. 7.2 Fire Subsystem The administration and ongoing development of the Fire Subsystem operational policy has been delegated to the OCFCA Communications Committee. That Committee reports to the OCFCA. Policies developed by OCFCA for the operations of the Fire Subsystem shall ensure that each participant is treated equitably and has sufficient communications capability to meet its legitimate needs. Any dispute between Partner and Participating Agencies over operational Joint Agreement Nov232004 Final Page 4 policies shall be reviewed by the OCFCA Communications Committee, and if not resolved, then reviewed by the OCFCA. Any unresolved dispute may be appealed to the Governance Committee for final decision. 7.3 Lifeguard Subsystem The administration and ongoing development of the Lifeguard Subsystem operational policy has been delegated to the OCLC Communications Committee. That Committee reports to the OCLC. Policies developed by OCLC for the operations of the Lifeguard Subsystem shall ensure that each participant is treated equitably and has sufficient communications capability to meet its legitimate needs. Any dispute between Partner and Participating Agencies over operational policies shall be reviewed by the OCLC Communications Committee, and if not resolved, then reviewed by the OCLC. Any unresolved dispute may be appealed to the Governance Committee for final decision. 7.4 Public Works Subsystem The administration and ongoing development of the Public Works Subsystem operational policy has been delegated to the OCPWC. Policies developed by OCPWC for the operations of the Public Works Subsystem shall ensure that each participant is treated equitably and has sufficient communications capability to meet its legitimate needs. Any dispute between Partner and Participating Agencies over operational policies shall be reviewed by the OCPWC. Any unresolved dispute may be appealed to the Governance Committee for final decision. 7.5 Standard Operating Procedures Except as provided in Section 11.3 ("Security"), individual subsystem operational policy, as well as policy affecting all users, shall be published in the 800 MHz CCCS Standard Operating Procedures (SOP). The SOP will be the source of all radio system operational policies and procedures established by the various subsystems. The SOP is maintained by OCSD/Communications and will be updated any time an approved change is made to this document. 7.6 System Priorities Public Safety, consisting of City and County Law Enforcement and Fire Agencies dispatch functions and individual radio emergency buttons, shall have System operational priority over all law/fire/public works non -life threatening operations when and if it is necessary to establish System priorities. Joint Agreement Nov232004 Final Page 5 8. OPERATIONAL POLICY REVIEW To ensure that operational policy developed by the various individual Subsystems is compatible with all of the other Subsystems, such policy shall be subject to review by all other Subsystems and OCSD/Communications when appropriate. Review would be required when policy is developed that crosses over into another Subsystem. Review is not required when policy is developed that is specific to one Subsystem only. A thirty (30) -day review period prior to policy implementation shall be observed in order to ensure appropriate time for review. Exceptions can be made when the policy is of an emergency nature and immediate implementation is necessary for safety purposes. All emergency exceptions shall be reviewed by the appropriate Subsystems as described above within the thirty (30) -day period. The intent of this review is to assure that decisions made by any one subsystem do not adversely affect the operation of any other group and to promote and ensure interoperability and compatibility. 9. MUTUAL AID 9.1 Mutual Aid Policies and Procedures Mutual Aid communications is an important capability of the System. Utilizing this capability in an efficient manner is essential. Mutual Aid operational policies and procedures must be coordinated between Partner and Participating Agencies within Orange County and Partner and Participating Agencies outside of Orange County. All Partner and Participating Agencies shall comply with the operational policies of the Mutual Aid Plans described in Section 9.2. 9.2 Mutual Aid Plans The following Mutual Aid Plans shall establish Mutual Aid operational procedures for all Participating Agencies. Orange County Mutual Aid Implementation Plan for the Use of the 800 MHz National and State Mutual Aid Channels This plan is required by the Southern California 800 MHz Regional Communications Plan and, together with any plan modifications, must be approved by the State of California Office of Emergency Services, Telecommunications Advisory Committee. The plan in effect on the date of this Agreement is on file with the OCSD/Communications Division. Any proposed modifications to the plan must be reviewed and approved by the Governance Committee, if needed, prior to submission to the State. Joint Agreement Nov232004 Final Page 6 Orange County Mutual Aid Plan for the Use of the 800 MHz Local Mutual Aid Channels The plan was prepared by OCSD/Communications Division and approved by the Partner and Participating Agencies, based upon approval by OCCOPSA, OCFCA, OCPWC and OCLC, as appropriate. 9.3 Mutual Aid Priorities Partner and Participating Agencies who from time to time have need to communicate with Law Enforcement or Fire Agencies during emergencies or in their daily support of Law Enforcement or Fire Agencies will be allowed to access the Law Enforcement or Fire Subsystems as approved by those respective agencies. Such use may include the day-to-day operations of said non -Law Enforcement and non -Fire Partner and Participating Agencies on a non - interfering, prioritized basis. This use shall be subject to approval of OCCOPSA and the OCFCA as it affects their respective communications. 10.0 RELINQUISHING EXISTING OPERATING CHANNELS Existing Partner and Appropriate Participating Agencies operate existing systems on a variety of radio channels licensed by the FCC. Both the FCC and the Southern California Regional Plan, approved by the FCC on November 21, 1989 for the implementation of new systems using the 800 MHz spectrum, require that Partner and Participating Agencies that transfer operation to the new 800 MHz channels must give back licenses on existing system frequencies. These "give - up" channels will then be redistributed to meet the needs of other agencies in Southern California which have not been met with the limited 800 MHz channels available. Partner and Participating Agencies entering into this Agreement agree to "give up" channels licensed on existing systems that are replaced by the new System. FCC licenses on these "give -up" channels shall be returned to the FCC for cancellation not more than thirty (30) days after transfer and acceptance of law enforcement and/or public works operations to the System. An exception to the paragraph above is when Partner and Participating Agencies who, as a result of transferring law enforcement operations to the System, subsequently move other public works operations to their current 460 MHz channels. In this case, Partner and Participating Agencies agree to relinquish the previously used 460 MHz channels to public works operations within thirty (30) days of completion of the transfer to the 800 MHz System and such a transfer to public works must occur within one hundred eighty (180) days of transfer of law enforcement operations to the System (FCC requirement), at which time the previously -used public works FCC licenses on these "give -up" channels must be returned to the FCC for cancellation not more than thirty (30) days after transfer of public works operations to the 460 MHz channels. Joint Agreement Nov232004 Final Page 7 Any city that does not have a 460 MHz law enforcement "give -up" GREEN channel to use for public works may be able to use another city's "give -up" 460 MHz GREEN channel in a cellular re -use pattern. 11.0 SYSTEM TECHNICAL MANAGEMENT Proper operation of a modem, trunked, multi -channel communications System requires centralized technical coordination. OCSD/Communications Division has established a 24-hour System Watch at Loma Ridge to assure seamless operation of this complex system. The infrastructure for this System is currently housed in 24 separate radio sites, with Loma Ridge serving as the master site. 11.1 Technical Liaison Committee The 800 MHz Technical Liaison Committee is utilized to develop the technical operation policies and procedures of the System. This committee is composed of sworn, technical and operational personnel of County and City Law Enforcement, Fire, Lifeguard and Public Works operations involved in the 800 MHz CCCS. 11.2 Technical Standards Technical standards are an essential part of the operation of a multi-user system. To ensure the long-range effective operation of System, technical standards shall continue to be reviewed and evaluated. Said standards shall be approved by the Technical Liaison Committee and all Partner and Participating Agencies will be required to adhere to them. Failure to adhere to the technical standards may result in mobile or portable field equipment being restricted from access to the associated Backbone System. 11.3 Security Any authorized user of the 800 MHz CCCS shall be required to protect the security of the system and its users by complying with the policies set forth in the "Security Plan for the Orange County 800 MHz Countywide Coordinated Communications System" document. Responsibilities include, but are not limited to, adhering to the Lost/Stolen/Missing Radio Procedure, providing physical security for equipment and documentation, not using Radio Service Software (RSS) to modify the configuration of any radio programming, and not providing technical information or radio equipment to unauthorized persons. As Participating Agencies or Mutual Aid organizations join the system, a copy of the Security Plan will be provided to the director of said organizations and will be advised to share it with appropriate personnel. 11.4 Approved Equipment The initial System implementation consisted of equipment supplied by the original system equipment vendor and met the technical requirements of the Joint Agreement Nov232004 Final Page 8 System. OCSD/Communications shall compile a list of this approved equipment and make it available to all Partner and Participating Agencies. In the future, as newer equipment from the original vendor or other vendors become available, OCSD/Communications shall evaluate it for compatibility with the System and make recommendations to the Technical Liaison Committee. Any equipment that meets the technical criteria for operation on the System shall be added to the approved list. OCSD/Communications will be responsible for negotiating pricing on new equipment with recommendations forwarded to the Governance Committee for final approval. 11.5 Technical Standards and Equipment Evaluation The OCSD/Communications Division maintains engineering and technical staff whose task is to maintain, manage and operate the 800 MHz CCCS. Technical management of the System shall continue to be the responsibility of OCSD/Communications Division. County technical staff shall evaluate new radio subscriber equipment for adherence to technical standards prior to the Technical Liaison Committee for approval and to the vendor requesting equipment evaluation. Any disputes regarding the technical evaluation of equipment will be referred to the OCCOPSA Communications Committee, ' OCFCA Communications Committee, OCLC Communications Committee, and OCPWC, with final approval by the Governance Committee. 12.0 SYSTEM MODIFICATION COST APPROVALS Any Law Enforcement Subsystem modification or other action proposed by OCCOPSA which requires Partner or Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Partner or Participating Agency, following approval by the Governance Committee. Any Fire Subsystem modification or other action proposed by the OCFCA which requires Partner or Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Partner or Participating Agency, following approval by the Governance Committee. Any Lifeguard Subsystem modification or other action proposed by the OCLC which requires Partner or Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Partner or Participating Agency, following approval by the Governance Committee. Any Public Works Subsystem modification or other action proposed by the PWPC which requires Partner or Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Partner or Participating Agency, following approval by the Governance Committee. Joint Agreement Nov232004 Final Page 9 13.0 CONTRACTS The County may from time to time enter into such agreements or contracts with various vendors to purchase or lease equipment, and for installation, service and maintenance of equipment as may be necessary and required in order to effectuate this Agreement. All such agreements or contracts shall comply with applicable State Law for counties. Appropriate shared costs will be included in backbone cost-sharing allocations. 13.1 County Responsibilities OCSD/Communications shall negotiate and enter into agreements or contracts with the various vendors as contemplated in this Agreement. OCSD/Communications shall make payments due and payable under such agreements on behalf of Partner and Participating Agencies. OCSD/Communications shall negotiate and enter into agreements with new Participating Agencies which may hereafter receive approval to access the System for day-to-day operations pursuant to this Agreement, provided that: • The Participating Agency agrees to the terms, conditions and costs for entry as defined by the Governance Committee on behalf of the Partners. Current policy by the Governance Committee directs a system entry fee of $3,295 per radio for Federal or State agency participation and $2,480 per radio for agencies operating strictly within the confines of the County. Participating Agencies are required to have their radios templated and programmed by OCSD/Communications Division staff, participate in the flat fee radio equipment maintenance program, and meet their annual backbone cost sharing obligation. • Requests by Participating Agencies will be evaluated in terms of potential channel loading on the 800 MHz CCCS. This evaluation will include an identification of the number of radios to be added, the type of communication being conducted, and the specific radio cell that will be impacted by the addition of this Participating Agency. If the addition of the Participating Agency may cause an extensive impact on channel loading, an outside channel loading analysis may be pursued at the expense of the requesting Agency. • Additional terms, conditions, and costs for entry shall be included in a separate agreement as established by the Governance Committee. The Governance Committee is given said authority under this Agreement with the understanding that adequate fees will be charged as appropriate. Said separate agreement shall include any direct or indirect compensation to Partner Agencies for System Backbone usage by new Participating Agency(s). Joint Agreement Nov232004 Final Page 10 • OCSD/Communications shall obtain the approval of the Governance Committee to determine the appropriate additional terms, conditions, and costs to be included in said separate agreement. • Any such new Participating Agency hereafter who shall desire to become a party to this Agreement may do so by executing a copy of this Agreement, as well as the separate agreement if applicable. Compensation may take the form of improvement or modification of System or other contribution for the benefit of all Partner or Participating Agencies. 14. EQUIPMENT FACILITIES AND STRUCTURES Additional facilities, structures, and modifications may be needed to implement the System, including System Backbone facilities and System Field Equipment facilities (e.g., dispatch centers). 14.1 System Backbone Facilities In the event of a decision by the Governing Authorities to financially support expanding or modifying existing facilities, or adding new County radio structures or facilities as necessary, to support the implementation of the System Backbone, the County shall be responsible as lead agency to implement these expansions, modifications, or additions. 14.2 Field Equipment Facilities Individual Partner or Participating Agency shall, at its sole Partner or Participating Agency expense, expand or modify its existing structures, facilities, or dispatch centers as required to support the installation or enhancement of Partner or Participating Agency System Field Equipment. 15. SYSTEM MODIFICATIONS AND COST SHARING 15.1 System Modifications System modifications may be needed from time to time to meet the changing needs of Partner and Participating Agencies. System modifications, expansions or enhancements will not be allowed without technical review by the County and approval by the Governance Committee. System modifications recommended by County and agreed to by the Governance Committee will then be forwarded to Governing Authorities for approval, as appropriate, and implemented by County. Cost sharing of future System Backbone modifications shall be determined based on the benefit to be derived by individual Partner or Participating Agencies. Joint Agreement Nov232004 Final Page 11 The cost for any modification intended for the sole use and support of a single Partner or Participating Agency shall be borne by that Partner or Participating Agency. The cost for any modification intended to improve service for an identifiable group of Partner or Participating Agencies in a local area or Net shall be shared by those Agencies in a manner agreeable to those Agencies. 15.2 Cost Sharing Beginning July 1, 2002 A. Effective Date/Percentage Share The Cities and Orange County Fire Authority (OCFA) will commence System Backbone cost sharing payments as of July 1, 2002. The following represents the respective aggregate obligations for the ongoing maintenance costs of the System Backbone expressed as a percentage of the total cost: 1. FY 02-03 a. County's share of cost 51% b. Cities'/OCFA's share of cost 49% 2. FY 03-04 a. County's share of cost 45.6% b. Cities'/OCFA's share of cost 54.4% 3. FY 04-05 and thereafter a. County's share of cost 40.18% b. Cities'/OCFA's share of cost 59.82% The individual obligations for the ongoing maintenance cost of the System Backbone, as approved by the Governance Committee, for each of the Cities and OCFA shall be determined by dividing the number of radios that each of the Cities and the OCFA, respectively, are operating on the System by the total number of radios that the Cities and OCFA are collectively operating on the System. The resulting ratios shall each be multiplied by the aggregate percentage obligations of the Cities and the OCFA for each fiscal year as set forth above. The resulting products shall be the Cities' and OCFA's individual percentage obligations for the ongoing maintenance cost of the System Backbone in each applicable fiscal year. Joint Agreement Nov232004 Final Page 12 The contribution made by Participating Agencies will be calculated based on a per radio cost, which will be calculated on an annual basis by dividing the total operating and infrastructure backbone cost, by the total number of radios. The calculated contributions for the Participating Agencies will then be deducted from the total backbone cost-sharing expense. The remaining amount will be used to calculate the City, OCFA and County obligations consistent with 15.2.A.3. above. Emergency radios held in a separate pool will not be included in the radio counts for backbone cost-sharing purposes. Radios, as identified by the Partner or Participating Agencies, that are set aside strictly for the purpose of an emergency activation or some other emergency situation, and are not used for any other purpose, will be excluded from backbone cost-sharing counts. Serial numbers for these radios are to be provided by the Partner or Participating Agency. The OCSD/Communications Division will run random radio traffic checks on those radios identified as emergency radios and will advise department heads if any ongoing traffic is occurring. 15.3 Cities/OCFA Payment of FY 02-03 Backbone Costs A. County is authorized to transfer from the County's Site Development and Infrastructure Fund to the County General Fund, an amount equal to the Cities' and OCFA's FY 02-03 share of cost for System Backbone operations. The purpose of this transfer is to finance Cities' and OCFA's FY 02-03 share of the System Backbone costs and to allow cities and OCFA to pay said costs over a period of time. Furthermore, it allows the County to receive said amount in its General Fund as was budgeted for FY 02-03. B. Each city and OCFA will amortize its share of the FY 02-03 System Backbone costs, interest free, over a period of 5 years, commencing July 1, 2003, by paying back to County 20% of its share of the FY 02-03 System Backbone cost each year thereafter for five years. Each city and OCFA shall make this payment to County along with its regular System Backbone cost-sharing expense payment for that particular fiscal year. 15.4 Annual Payment Commencing July 1, 2003, and continuing each year thereafter, each city and OCFA will contribute 100% of its allocated share of the System Backbone costs based on the formula set forth in 15.2.A above. Said payments shall be made on a quarterly basis in advance within thirty days of billing. Joint Agreement Nov232004 Final Page 13 15.5 New Site Development and Infrastructure Fund The County will place the approximately $4.1 million currently in the County's Site Development and Infrastructure Fund, less the amount County is allowed to deduct from that fund pursuant to 15.3.A above, into a separate Site Development and Infrastructure Fund. This fund will be controlled by the 800 MHz Governance Committee. Each project financed from this fund will require prior Governance Committee approval. Each expenditure from the Site Development and Infrastructure Fund must be utilized for County's share of site development and/or infrastructure costs. On June 30, 2008, any remaining balance in the Site Development and Infrastructure Fund shall be administratively transferred to the County General Fund without further approval by the 800 MHz Governance Committee, cities or the OCFA. The Partner and Participating Agencies will share in the cost of 800 MHz CCCS system and infrastructure upgrades. The funding sequence for payment of these costs will be as follows: • Use of grant funds if available. • Use of system entry fees contributed to the system from new Participating Agencies as they join the system. • Use of combined City/County contract reserve fund consistent with percentage contributions made by cities versus County. • Use of infrastructure contributions collected annually as part of the backbone cost-sharing allocations. Contributions to infrastructure payments will be made on a 70% Cities/OCFA and 30% County of Orange basis, consistent with the Motorola contract allocation split during 800 MHz CCCS implementation. OCSD/Communications will prepare a document and timeline that identifies the remaining infrastructure requirements and estimated costs by fiscal year, thereby bringing closure on the balance of the infrastructure necessary to complete the original 800 MHz CCCS. Infrastructure payments beginning in FY 2005/2006 will reflect contributions needed to meet these outstanding obligations. • County will pay for design and construction costs for radio sites required to address outstanding coverage issues that remain from initial 800 MHz CCCS implementation, which are Newport Beach, Dana Point and Brea/Carbon Canyon sites. • County will evaluate the inclusion of radio site construction and infrastructure for new housing developments as part of Mello -Roos costs. 15.6 Exclusive Backbone System Costs Unless otherwise authorized by separate agreement or an amendment to the 800 MHz CCCS Joint Agreement, none of the cost elements covered under the 800 MHz Communications System Agreement for Cost Sharing shall be included in other service agreements between the County of Orange and the Cities or OCFA. Joint Agreement Nov232004 Final Page 14 15.7 New Participating Agencies New users of the System shall be charged pursuant to the policy established by the Governance Committee under Sections 13.1 and 16 of the 800 MHz CCCS Joint Agreement. 15.8 Budget/Year-End Settlement A. The 800 MHz budget and allocation of expenses will be submitted for approval to the Governance Committee ninety (90) to one hundred and twenty (120) days in advance of each fiscal year and communicated to the Partner and Participating Agencies for purposes of including same in their budgets for the next fiscal year. B. As soon as practicable following the end of each fiscal year, a final independent audit or a financial review as stipulated by the Governance Committee, shall be performed to determine the actual cost of backbone system operations, infrastructure and maintenance costs for that fiscal year. The findings of this audit or financial review shall be made known to the Partners and Participating Agencies on the 800 MHz CCCS. Thereafter, to the extent there have been contributions made by the Partners and Participating Agencies which exceed the actual cost of operations and maintenance, the amount of said excess contributions shall be credited to each party in the same proportion as was used to create the excess. Any excess for operational expenses shall be deducted from each entity's fiscal year obligation for the following fiscal year. In the event of a shortfall, each party shall be billed its pro -rata share of the shortfall, which shall be paid in the first quarter payment for the next fiscal year following the fiscal year of the shortfall. C. Contributions made to infrastructure by each Partner Agency and Participating Agency will be held in either the specific County Account (15L) designated for 800 MHz CCCS infrastructure or system upgrades or in the third -party escrow account as determined by the Governance Committee. In either case, interest earnings will be allocated to these specific funds. Whether the Governance Committee determines that these funds will be held in a third -party escrow account or a County fund, the fees for this account will be included as a backbone cost-sharing expense. As designated under the 800 MHz Escrow Agreement, unless otherwise modified, escrow account funds can only be spent for Motorola expenditures in support of system enhancements or infrastructure costs. D. Should any Partner Agency or Participating Agency fail to make its appropriate payments when due, the County shall take action as is appropriate to obtain such payment. Nothing in this Agreement shall be construed as the County's exclusive remedy for the remediation of Joint Agreement Nov232004 Final Page 15 defaults by Governing Authorities, and the County reserves the right to pursue any and all available rights and remedies at law or in equity. 15.9 800 MHz Site Revenues In the event County decides to generate revenues from the commercial, non- governmental sector by leasing space at the County's radio sites, the following shall apply: A. The use of said radio sites shall not interfere with or degrade the efficiency of the System. B. The net revenues generated from such use shall be shared among the Parties to this 800 MHz CCCS Joint Agreement in the same proportion as each party contributed to the maintenance and repair of the radio site(s) for the fiscal year the revenue is generated, up to the amount of each party's contribution for maintenance and repair of the base radio site(s) from which the revenue is generated. All additional net revenues shall go to the County. 15.10 Future System Enhancements(UpgradeslReplacements It is anticipated that a significant upgrade of the 800 MHz CCCS will be required as early as 2010. The Governance Committee, with staffing provided by the County, will be responsible for defining the required upgrades and anticipated funding requirements. The Governance Committee will develop a long-range plan and establish a multi-year Equipment Replacement Fund for the purpose of accumulating funds from the Partner and Participating Agencies. The Equipment Replacement Fund will be designed to allow for the tracking of interest by individual contributor. 16. ADDITIONAL PARTICIPATING AGENCIES OR CONSOLIDATION OF PARTICIPATING AGENCIES Law Enforcement/Public Works/Fire/Lifeguard Agencies may be added to the system with approval by that Agency's Governing Authority, support by appropriate operational committees, and approval of Governance Committee. The System is designed to support multiple Participating Agencies. New Participating Agencies may only be added to the System within channel loading limits without degrading the level of service. (Refer to Section 13.1.) The System must adhere to FCC minimum loading standards. In order to meet the minimum loading standards established by the FCC and to ensure efficient utilization of the System spectrum resource, County will continually monitor the level of use of the System. Joint Agreement Nov232004 Final Page 16 The County shall be responsible for coordinating access to the System, training new users in operational and security procedures, and assuring compliance with technical standards. The new Agency may be responsible for the cost of these services. 16.1 Adding Participating Agencies: Newly Incorporated or Contract Cities Cities presently contracting for law enforcement, fire or public works services from the County or other Participating Agencies may in the future desire to form their own departments. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to an independent city system similar to other cities. Any System Field Equipment or other costs associated with the transition of a New City or Contract City to the System shall be the responsibility of the city unless addressed in a separate agreement with County. 16.2 Consolidation of Law Enforcement Agencies, Public Works Agencies or Fire Agencies Cities presently contracting for law enforcement, fire or public works services from the County or other Partner or Participating Agencies may in the future desire to consolidate with other departments to form regionalized systems. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to a consolidated system. Any System Field Equipment or other costs associated with the transition of a Contract City or Independent City to form with others in a consolidated unit shall be the responsibility of the consolidated entity, unless addressed in a separate agreement with the County. 16.3 Adding Non-City/Non-County Participating Agencies Newly formed Non-City/Non-County Participating Agencies that do not participate in the System in its initial implementation may desire to use the System. County shall work with any such Participating Agency to develop an appropriate system design and implementation plan to transition to the System after approval is recommended by OCCOPSA, OCFCA, OCLC, and OCPWC, as appropriate, and approved by the Governance Committee. An agency that does not participate in the original purchase and cost sharing of the System Backbone shall contribute a share of the System cost consistent with Section 13.1. Funds from this account may be used for Backbone System enhancements for the benefit of all Partners and Participating Agencies. Enhancements shall be recommended by the Technical Liaison Committee and OCCOPSA, OCFCA, OCLC, and OCPWC as appropriate, with final approval by Joint Agreement Nov232004 Final Page 17 the Governance Committee. Approved enhancements involving cost sharing shall be submitted to the Governing Authorities for approval as appropriate. Any Backbone System modification costs required to transition a New Non -City/ Non -County Participating Agency to System shall be the responsibility of the new Non-City/Non-County Participating Agency. Any System Field Equipment costs associated with the transition of a New Non- City/Non-County Participating Agency to System shall be the responsibility of the new Non-City/Non-County Participating Agency, 16.4 Adding Mutual Aid Providers Certain governmental and non-governmental Mutual Aid Providers may be granted access to the subsystems, for the expressed purpose of providing Mutual Aid to a Participating Agency. Access may only be granted by the bodies described in Sections 3, 4, 5, 6 of this Agreement. Any Backbone System modification costs associated with adding a Mutual Aid Provider to the System shall be the responsibility of the Mutual Aid Providers and/or the sponsoring Partner or Participating Agency(s). Any System Field Equipment costs associated with adding a Mutual Aid Provider to the System shall be the responsibility of the Mutual Aid Provider and/or the sponsoring Partner or Participating Agency(s). 17. LIABILITY Each Party listed in Exhibit "A" (the "Indemnitor") shall indemnify, defend, and hold all other parties, and their agents and employees (the `Indemnitees") harmless from all claims, liabilities, damages, and losses to the Indemnitees arising out of any acts or omissions of itself and its agents and employees in connection with the performance of this Agreement which acts or omissions constitute gross negligence. 18. GOVERNANCE COMMITTEE The 800 MHz Governance Committee will oversee implementation and operations of the 800 MHz System including Partner and Participating Agency compliance with payment schedules, addressing operational issues affecting System operation and backbone site development, reviewing and approving conversion, modification and enhancement plans, approving contract pricing changes, resolving disputes between Partners or Participating Agencies, approving the policy recommendations of the Committees, approving policy, operational and fiscal matters necessary for the operation and maintenance of the System, and performing any other responsibilities required to implement this Agreement. Joint Agreement Nov232004 Final Page 18 19. 20. The Governance Committee shall be responsible for recommending 800 MHz Project operating and capital improvement budgets that are jointly funded by the Parties to the Agreement. The appropriate Governing Authorities will be responsible for approving these budgets through the backbone cost-sharing approval process. Committee members, as identified below, will also be responsible for coordinating with their appropriate associations/agencies on issues involving Governing Body approvals: • Four City Managers appointed by the Orange County City Managers' Association • Chief Executive Officer, County of Orange, or Designee • Sheriff -Coroner, or Designee • Resources and Development Management Department Director, or Designee Each must designate and name an alternate as a voting member if member cannot attend. AGREEMENT AMENDMENT PROCESS This Agreement may be amended or modified by consent of all of the Goveming Authorities representing the Parties. WITHDRAWAL FROM SYSTEM This Agreement shall take effect as above dated. This Agreement may be terminated by any Parties or Participating Agencies to the Agreement as listed on Exhibit "A" or Exhibit "C" as to that Party or Participating Agency by serving written notice of termination on the County and after meeting its financial obligations under this Agreement. After the expiration of sixty (60) days from the giving of such notice, the Party or Participating Agency so electing to withdraw shall cease to be a Party or Participating Agency to this Agreement. Such termination shall not relieve said Party or Participating Agency or other Party of any financial obligation assumed as part of this Agreement. (Said Party and Participating Agency shall still be obligated to pay its backbone cost-sharing expense for that fiscal year and its annual flat fee expense for that fiscal year if the Party or Participating Agency is participating in the flat fee program.) The Party or Participating Agency terminating shall not be responsible for any financial obligations assumed by the other Parties or Participating Agencies hereto subsequent to said termination. Similarly, it is understood that County has ownership of the System Backbone and certain backbone sites, as well as FCC licenses presently owned by the County, and upon any termination by any Parties Joint Agreement Nov232004 Final Page 19 to the Agreement, any and all right, title and interest in the System Backbone, those backbone sites and FCC licenses shall remain with the County. Should the County wish to withdraw, an orderly transition to remaining Parties and Participating Agencies must be affected. Joint Agreement Nov232004 Final Page 20 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF OrGE By: Board of Supervisors Dated: I!'a�3'd Approved As to Form: County Counsel _ �-0 CITY OF: San Juan Capistrano ATTEST: ORANGE COUNTY FIRE AUTHORITY in Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: By: - Authority counsel By: � Dated: By: Wya H�V —/art, Mayor � Srx�" JXV7 ty C rk _ Margaret R. Monahan Dated: -f 5`1 s-6xx r Approved As to Form: City Atto ey q John R. Shaw Joint Agreement Nov232004 Final SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUM HAS BEEN DELIVERED TO THE C {RMAN OF TH AflD ATTEST DARLEM J. BLOOM cov no TNF BOARD OF SUPERVISORS IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF OGE 4 By: Board of Supervisors Dated: Approved As to Form: County Counsel CITY OF: ATTEST: By: LE San Juan Capistrano Wyatt Hart, Mayor City Clerk _ Margaret R. Monahan Dated: Approved As to Form: City Attornney, Jolin R. Shaw Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: 0 Dated: Authority Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUM HAS BEEN DELNERED TO THE C IRMAN OF TH ARD ATTEST DARLEN J.BLOOM CLERK QF THE BOARD OF SUPERVISORS nRANG E COUNTY, CALIFORNIA EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT ExhibitA as 11/03/04 A- RESPONSIBLE CITY ADDRESS PHONE # ADMINISTRATOR Aliso Vi 'o Cit Manager City g 12 Journey, Suite 100 949!425-2512 Aliso Viejo, CA 92656-5335 Anaheim City Manager 200 S. Anaheim Blvd.Anaheim, 714/765-5162 CA 92805 Brea City Manager 1 Civic Center Circle 7141990-7770 Brea, CA 92821-5732 Buena Park City Manager 6650 Beach Blvd.Buena 714/562-3550 Park, CA 90620 Costa Mesa City Manager 77 Fair Drive Costa Mesa, CA 92626 714/754-5328 Cypress City Manager 5275 Orange Avenue 714/229-6688 Cypress, CA 90630 Dana Point City Manager 33282 Golden Lantern, Suite 203 949/248-3513 Dana Point, CA 92629 Fountain Valley City Manager 10200 Slater AvenueFountain 714/593 4410 Valley, CA 92708 Fullerton City Manager 303 W. Commonwealth Ave 714/738-6310 Fullerton, CA 92832 Garden Grove City Manager 11222 Acacia ParkwayGarden 714/741-5100 Grove, CA 92840 Huntington Beach City Administrator 2000 Main Street 714/536-5575 Huntin on Beach, CA 92648 1 Civic Center Plaza Irvine City Manager P.O. Box 19575 949/724-6246 Irvine, CA 92623-9575 La Habra City Manager 201 E. La Habra Blvd.La 562/905-9701 Habra, CA 90633 La Palma City Manager 7822 Walker StreetLa 714/690-3333 Palma, CA 90623 Laguna Beach City Manager 505 Forest Avenue 949/497-0704 La na Beach, CA 92651 Laguna Hills City Manager 24035 El Toro 944/707-2610 LagunaRoad Hills, CA 92653 Laguna Niguel City Manager 27801 La Paz Road 949/362 4300 La a Niguel, CA 92677 Laguna Woods City Manager 24264 El Toro RoadLaguna 949/639A525 Woods, CA 92653 Lake Forest City Manager 25550 Commercentre DriveLake 949/461-3410 Forest, CA 92630 Los Alamitos City Manager 3191 Katella Avenue 562/431-3538 Los Alamitos, CA 90720 ext. 201 Mission Viejo City Manager 200 Civic CenterMission 949/470-3051 Viejo, CA 92691 ExhibitA as 11/03/04 A- EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT CITY RESPONSHILE ADDRESS PHONE # ADMINISTRATOR Newport Beach City Manager 3300 Newport Blvd. 949/644-3000 Newport Beach, CA 92663-3884 Orange City Manager 300 East Chapman Ave. 714/744-2222 Orange, CA 92866 Placentia City Administrator 401 East Chapman AvePlacentia, 714/993-8117 CA 92870 Rancho Santa Margarita City Manager 22112 El Paseo 949/635-1800 Rancho Santa Margarita, CA 92688 ext. 210 San Clemente City Manager 100 Avenida Presidio 949/361-8322 San Clemente, CA 92672 San Juan Capistrano City Administrator 32400 Paseo Adelanto 949/443-6317 San Juan Capistrano, CA 92675 Santa Ana City Manager 20 Civic Center Plaza 714/647-5200 Santa Ana, CA 92701 Seal Beach City Manager 211 8th Street 562/431-2527 Seal Beach, CA 90740 ext. 300 Stanton City Manager 7800 Katella Avenue 714/379-9222 Stanton, CA 90680-3162 ext. 240 Tustin City Manager 300 Centennial Way 714/573-3010 Tustin, CA 92780 Villa Park City Manager 17855 Santiago Blvd.Villa 714/998-1500 Park, CA 92861 Westminster City Manager 8200 Westminster Blvd. 714/898-3311 Westminster, CA 92683 ext. 402 4845 Casa Loma Avenue Yorba Linda City Manager P. 0. Box 87014 714/961-7110 Yorba Linda, CA 92886 West Cities West -Comm 911 Seal Beach Blvd. Communications Center Administrator Seal Beach, CA 90740 562/594-7243 (West -Comm) Exhibit A as 11/03/04 -2- EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT COUNTY RESPONSIBLE ADMINISTRATOR ADDRESS PHONE # , AGENCY/ RESPONSIBLE ADDRESS PHONE # ADMINISTRATOR 714/573-6010 DEPARTMENT Irvine, CA 92602 Metro Net Fire Dispatch Communications 401 Civic Center Drive West 714/7654077 District Attorney District Attorney P. 0. Box 808 714/834-3636 Santa Ana, CA 92702 405 W. 5th Street Health Care Agency Director 714/834-6254 Santa Ana, CA 92701 Integrated Waste 320 N. Flower St., Suite 400 Director 714/834 4122 Management Department Santa Ana, CA 92703 3160 Airway Avenue John Wayne Airport Airport Director 949/252-5183 Costa Mesa, CA 926264608 E. Orangewood Avenue Probation Department Chief Probation Officer1535 714/9374701 Anaheim, CA 92705 Resources & Development 300 N. Flower Street Director 714/834 4643 Management Department Santa Ana, CA 92703-5000 550 N. Flower St. Sheriff -Coroner Sheriff -Coroner P. 0. Box 449 714/647-1800 Department Santa Ana, CA 92703 FIRE SERVICES RESPONSIBLE ADMINISTRATOR ADDRESS PHONE # , Orange County Fire 1 Fire Authority Road Fire Chief 714/573-6010 Authority Irvine, CA 92602 Metro Net Fire Dispatch Communications 201 So. Anaheim Blvd., Suite 302 714/7654077 Center Manager Anaheim, CA 92805 Exhibit A as 11/03/04 -3- EXHIBIT B CITY USERS LAW PUBLIC WORKS LIFEGUARD FIRE ALISO VIEJO SHERIFF i OCFA ANAHEIMX X X BREA X I X X BUENA PARK X I X I OCFA COSTA MESA X X X CYPRESS X X OCFA DANA POINT SHERIFF X OCFA FOUNTAIN VALLEY X X X FULLERTON X X X GARDEN GROVE X X X HUNTINGTON BEACH X X X X IRVINE X X OCFA LA HABRA X X X LA PALMA X X OCFA LAGUNA BEACH X X X X LAGUNA HILLS SHERIFF X OCFA LAGUNA NIGUEL SHERIFF X OCFA LAGUNA WOODS SHERIFF OCFA LAKE FOREST SHERIFF OCFA LOS ALAMITOS X X OCFA MISSION VIEJO SHERIFF X OCFA NEWPORTBEACH X X X X ORANGE X X X PLACENTIA X X OCFA RANCHO SANTA MARGARITA SHERIFF OCFA SAN CLEMENTE SHERIFF X X OCFA SAN JUAN CAPISTRANO SHERIFF X OCFA SANTA ANA X X X SEAL BEACH X X X OCFA STANTON SHERIFF I OCFA TUSTIN X X OCFA VILLA PARK SHERIFF 1 X OCFA WESTMINSTER X X OCFA YORBA LINDA BREA X OCFA WEST -COMM X METRONET X COUNTY USERS LAW PUBLIC WORKS LIFEGUARD FIRE DISTRICT ATTORNEY X HCA X IWMD X JOHN WAYNE AIRPORT X X PROBATION X RDMD X X SHERIFF -CORONER X I I i OCFA X i Exhibit B jh 11/03/04 EXHIBIT B MUTUAL AID USERS LAW PUBLIC LIFEGUARD WORKS FIRE AFRC FIRE DEPARTMENT X AMR AMBULANCE X BOEING FIRE DEPARTMENT X CALIFORNIA HIGHWAY PATROL X CALIFORNIA STATE PARKS X CALIFORNIA STATE UNIVERSITY FULLERTON POLICE X i CAMP PENDLETON FIRE DEPARTMENT X CARE AMBULANCE X CDF RIVERSIDE FWE DEPARTMENT X CORONA FIRE DEPARTMENT X DISNEYLAND FIRE DEPARTMENT X DOCTOR'S AMBULANCE X EMERGENCY AMBULANCE X FBI X HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT PD X LA HABRA HEIGHTS FIRE DEPARTMENT X LAGUNA BEACH COUNTY WATER DISTRICT LOS ANGELES COUNTY SHERIFF AERO BUREAU X MEDIX AMBULANCE p X MERCY AIR X NAVAL WEAPONS STATION FIRE DEPARTMENT X NORTHROP GRUMMAN FIRE DEPARTMENT C X SADDLEBACK COLLEGE POLICE DEPARTMENT I X SANITATION DISTRICT OF ORANGE COUNTY j X SCHAEFER AMBULANCE X UNITED STATES FOREST SERVICE I X UNIVERSITY OF CALIFORNIA IRVINE POLICE X Exhibit B Ih 11/03/04 EXHIBIT C 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM MUTUAL AID USERS MUTUAL AID USERS RESPONSIBLE ADDRESS PHONE # ADMINISTRATOR AFRC Fire Department Tom McKinnon 4250 Constitution 562/795-2144 Los Alamitos, CA 90720 AMR Ambulance Emit Chavez 10662 Stanford Ave. 714/638-6200 Garden Grove, CA 92840 Boeing Fire Department Scott Bolton 2600 Westminster Blvd. 562/797-3188 Seal Beach, CA 90740 California Highway Patrol Bob Fablee 3865-A W. Commonwealth Ave. 714/449-7091 Helicopters Fullerton, CA 92833 California State Parks Ken Kramer 8471 North Coast Highway 949/497-1582 Laguna Beach, CA 92651 California State University P.O. Box 6806 Fullerton Police and Fire Sgt. Bob Baker 714/278-2904 Fullerton, CA 92834-6806 Departments Camp Pendleton PO Box 555211 Chief Timothy Hoover 760/725 4321 Fire Department Camp Pendleton, CA 92055 Care Ambulance Rick Richardson 8932 Katella Ave., Suite 201 714/828-7750 Anaheim, CA 92804 CDF Riverside 210 W. San Jacinto Ave Chief Mike Burton 951/940-6900 Fire Department Perris, CA 92570 Deputy Chief Marcus 815 W. 6's Street Corona Fire Department Billington Corona, CA 92882 909/736-2220 Disneyland Fire Lon Cahill 1313 S. Harbor Blvd. 714/781 4666 Department Anaheim, CA 92803-3232 23091 Terra Drive 949/951-8535 Doctor's Ambulance Jim Ignacio Laguna Hills, CA 92653 ext. 206 Emergency Ambulance Jim Kan 3200 East Birch #Aas 714/990-1742 Brea, CA 92821 FBI Dan Koch 11000 Wilshire Blvd., Ste. 1700 310/996-3720 Los Angeles, CA 90024 Huntington Beach Union 10251 Yorktown Ave. High School District Police Scott Atkinson Huntington Beach, CA 92646-2999 714/536-7521 La Habra Heights Fire 1245 N. Hacienda Road Department John Nielsen La Habra Heights, CA 90631 562/694-8283 Laguna Beach 306 Third Street Dennis Hoffer 949/497-2585 County Water District Laguna Beach, CA 92651 Los Angeles County 3235 Lakewood Blvd. Sheriff Aero Bureau Capt. James DiGiovanna Long Beach, CA 90808 562/421-2701 Areo Bureau Exhibit C as 11/03/04 -1- EXHIBIT C 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM MUTUAL AID USERS MUTUAL AID USERS RESPONSIBLE ADDRESS PHONE # ADMINISTRATOR Medix Ambulance Michael Dimas 26021 Pala Drive 949/470-8921 Mission Viejo, CA 92691 Mercy Air Aaron Oshima P.O. Box 2532 909/841-2882 Fontana, CA 92334 Naval Weapons Station Lary Bach Fire Division Code N23 800 Seal Beach Blvd. 562/626-7005 Fire Department Seal Beach, CA 90740-5000 Northrop Grumman Fire Sam Luque 33000 Avenida Pico 949/361-7011 Department San Clemente, CA92673 Saddleback College 28000 Marguerite Parkway Chief Harry Parmer 949/582-4585 Police Department Mission Viejo, CA 92692 Sanitation District of Howard Lembke 10844 Ellis Ave. 714/593-7270 Orange County Fountain Valley, CA 92728 Schaefer Ambulance Jimmy McNeal 2215 South Bristol Ave. 714/545-8486 Santa Ana, CA 92704 United States Forest James Nordenger P. O. Box 897 858/695-0258 Service Poway, CA 92074 University of California, Lt. Jeff Hutchinson 150 Public Services Building 949/824-1140 Irvine Police Department Irvine, CA 9269711900 ExhibitC as 11/03/04 -2- EXHIBIT D 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTICIPATING AGENCIES AGENCY RESPONSIBLE ADDRESS PHONE # ADMINISTRATOR Exhibit D a 11/03/04 -1- 32400 PASEO ADEL.ANTO J, MEMBERS OF THE CITU COUNCIL SAN JUAN CAPISTRANO, CA 92675 SAM ALLEVATO (949) 493-1171 mmAVXAXtU DIANE BATHOATE (949) 493-1053 FAX (S1XXUSX[X I �96) WVATT HART WWW.sanf uancapis(rano. org 1]]6 JOE SOTO • _ • DAVID M. SWERDLIN March 17, 2005 Ms. Susan Markey OCSD/Communications Division 840 N. Eckhoff Street, Ste 104 Orange, CA 92868-1021 Dear Ms. Markey: The City Council approved the Joint Agreement for the Operation, Maintenance, and Financial Management of the Orange County 800 Megahertz Countywide Coordinated Communications System at their meeting of March 15, 2005. (1) original executed agreements is enclosed for your records. If you have any questions specific to the agreement, please contact Michael Cantor, Senior Management Analyst (949) 234-4565. If you need assistance related to the City Council approval, please contact me at (949) 443-6308. Yours truly, ian. CMC cc: Michael Cantor, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future 3/15/2005 D5 AGENDA REPORT TO: David F. Adams, City Manager GWA FROM: Michael Cantor, Senior Management Analyst SUBJECT: Consideration of Updated Joint Agreement for the Operation, Maintenance, and Financial Management of the Orange County 800 Megahertz Countywide Coordinated Communications System (Orange County) RECOMMENDATION: By Motion, approve the updated Joint Agreement for the Orange County 800 Megahertz System and authorize the Mayor to execute the updated Joint Agreement. SITUATION: On February 6, 1996, the Orange County Board of Supervisors approved the original Joint Agreement for the implementation and Operation of the Orange County 800 Megahertz Countywide Coordinated Communications System (800MHz CCCS). This agreement addressed City/County partnership responsibilities and financial obligations for the implementation of the 800 MHz CCCS in Orange County. It was executed by the then 31 cities and the Orange County Fire Authority. This agreement was amended by the Board of Supervisors on June 24, 2003, to include the backbone cost-sharing agreement negotiated by the County, 34 cities and the Orange County Fire Authority. Each of the 34 cities and the Orange County Fire Authority executed the agreement. During the past several months, the Governance Committee has directed its efforts to the full rewrite of the 800 MHz Joint Agreement. The original Joint Agreement addressed the initial system implementation. The updated Joint Agreement addresses the ongoing partnership responsibilities to the operation, maintenance and financial management of the 800 MHz system, including the backbone cost-sharing amendment. The overall agreement reflects the input of the Orange County City Managers Association, the Orange County Chiefs of Police and Sheriffs Association, and the Orange County Fire Chiefs' Association. The Orange County Managers' Association formally approved the revised 800 MHz Joint Agreement at its October 2004 meeting. In keeping with the history of this project, the updated agreement reflects a partnership effort on behalf of the public safety community in Orange County. Agenda Report Page 2 Summary: March 15, 2005 Each City executed the 800 MHz Joint Agreement in early 1996, and the Amendment to the Joint Agreement in 2003. The City of San Juan Capistrano approved the amendment on August 2, 2003. All 34 cities and the Orange County Fire Authority are now being asked to approve the updated Joint Agreement, which addresses post - implementation issues. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: None. FINANCIAL CONSIDERATIONS: The City's share is based on the use of 33 radios assigned to Police Services and 2 radios assigned to Public Works. The current annual cost share for the City is $7886 and has been allocated in the FY 2004-2005 budget. The revised Joint Agreement is expected to increase the City's cost share by 2% in the FY 2005-2006 budget. NOTIFICATION: None. RECOMMENDATION: By Motion, approve the updated Joint Agreement for the Orange County 800 Megahertz System and authorize the Mayor to execute the updated Joint Agreement. Respectfully submitted, Michael Cantor, Senior Management Analyst Attachment: 1. Joint Agreement dated November 2004 TABLE OF CONTENTS 1. SYSTEM...............................................................................................................................1 2. DEFINITION OF TERMS....................................................................................................2 3. OPERATIONAL POLICIES - LAW ENFORCEMENT SUBSYSTEM ............................3 4. OPERATIONAL POLICIES - FIRE SUBSYSTEM...........................................................3 5. OPERATIONAL POLICIES - LIFEGUARD SUBSYSTEM.............................................4 6. OPERATIONAL POLICIES - PUBLIC WORKS SUBSYSTEM......................................4 7. OPERATIONAL POLICY....................................................................................................4 8. OPERATIONAL POLICY REVIEW...................................................................................6 9. MUTUAL AID......................................................................................................................6 10. RELINQUISHING EXISTING OPERATING CHANNELS..............................................7 11. SYSTEM TECHNICAL MANAGEMENT..........................................................................8 12. SYSTEM MODIFICATION COST APPROVALS.............................................................9 13. CONTRACTS.....................................................................................................................10 14. EQUIPMENT FACILITIES AND STRUCTURES...........................................................11 15. SYSTEM MODIFICATIONS AND COST SHARING.....................................................11 16. ADDITIONAL PARTICIPATING AGENCIES/USERS OR CONSOLIDATION OF PARTICIPATING AGENCIES....................................................................................16 17. LIABILITY.........................................................................................................................18 18. GOVERNANCE COMMITTEE.........................................................................................18 19. AGREEMENT AMENDMENT PROCESS.......................................................................19 20. WITHDRAWAL FROM SYSTEM....................................................................................19 Joint Agreement Nov232004 Final JOINT AGREEMENT FOR THE OPERATION, MAINTENANCE AND FINANCIAL MANAGEMENT OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM This Agreement is entered into on , 2005 by and between the Parties listed on Exhibit"A" which is attached hereto and incorporated herein. This Agreement replaces the 1996 Agreement as amended, and to the extent there is a conflict, this Agreement controls. Exhibit "A" identifies the Parties to the Agreement. Exhibit `B" identifies the Partner Agencies currently operating on the system. Exhibit "C" identifies the current Mutual Aid operations on the system as approved by the appropriate body (Orange County Chiefs of Police and Sheriffs Association [OCCOPSA], Orange County Fire Chiefs' Association [OCFCA], Orange County Public Works Committee [OCPWC], or Orange County Lifeguard Committee [OCLC]). Exhibit "D" identifies those Participating Agencies that have joined the system as everyday users but were not original Partners on the system. Partners and Participating Agencies on the 800 MHz CCCS are limited to public entities. RECITALS: Whereas, the initial installation and implementation of the 800 MHz Countywide Coordinated Communications System (800 MHz CCCS) has been completed; and, Whereas, the Parties to the Agreement want to define operational, technical and financial requirements and guidelines going forward; and, Now, Therefore, in consideration of the mutual covenants, conditions, agreements and stipulations hereinafter expressed, the Parties hereby agree as follows: 1. SYSTEM The 800 MHz CCCS, hereinafter referred to as System, has been implemented in the County of Orange. Said System is described in Contract No. S0000015.95 for an 800 MHz CCCS, dated September 19, 1995, and related Amendments No. 1, 2, 3, 4, 5 and appropriate change orders. The Parties hereby designate Orange County Sheriff -Coroner Department (OCSD)/Communications Division as the "Lead Agency" in maintaining and enhancing the System. Joint Agreement Nov232004 Final Page 1 2. DEFINITION OF TERMS "Contract City" is defined as a city receiving law enforcement, lifeguard, public works or fire services from the County or any Partner Agency under the terms of a contract. "Fire Agency" is defined as, and shall include, all govemmental Fire Agencies operating primarily within the limits of Orange County. "Governing Authority" is a City Council, County Board of Supervisors or Orange County Fire Authority Board of the Partner Agencies, responsible for approving cost modifications. Exhibit "A" provides a list of City, County, and Orange County Fire Authority administrators representing these bodies. "Law Enforcement Agency" is defined as all governmental Law Enforcement Agencies operating primarily within the limits of Orange County, as follows: Orange County Sheriff's Department, Orange County City Police Departments, Orange County District Attorney's Office, and Orange County Probation Department. "Lifeguard Agency" is defined as, and shall include, all governmental lifeguard agencies operating primarily within the limits of Orange County. "Mutual Aid Provider" is defined as any governmental or private organization, not otherwise defined in this Agreement, that has a legitimate Mutual Aid operational requirement with another Partner or Participating Agency. Guidelines for the approval of a mutual aid provider have been developed and are available to OCCOPSA, OCFCA, OCPWC and OCLC as needed. "Net" is defined as a group of Partner Agencies who operate a joint dispatch center, or a combination of radio dispatch talkgroups used by a fixed group of Partner Agencies. "New City" is defined as a city incorporated after the effective date of this Agreement. "Non-City/Non-County User" is defined as a special district, water district, sanitation district, or similar governmental or quasi -governmental agency. These are Participating Agencies. "Participating Agency" is any agency identified in Exhibit D that would not have a role in defining the operation of the 800 MHz CCCS, but would pay to join the system based on a predefined allocation. "Partner Agencies" are those agencies identified in Exhibit "B" that have joined the 800 MHz CCCS for everyday use since its original inception and are operating on the 800 MHz System. Joint Agreement Nov232004 Final Page 2 "Parties" are those public entities which are listed in Exhibit "A." "Public Works Agency" is defined as, and shall include, all County or City departments that perform public works functions, other than those defined as a Law Enforcement, Lifeguard or Fire Agency. Public Works Agencies include, but are not limited to, Public Works Departments, Municipal Utility Departments, and County agencies including Resources and Development Management Department, John Wayne Airport, Health Care Agency, and Integrated Waste Management Department, and public works functions within County operations such as the Transportation and Facilities Operations functions with the Sheriff's Department and Probation. "Subsystem" is defined as one of four operational subsystems that use common equipment, each in a similar way, but use different operational procedures. These are referred to as the Law Subsystem, the Fire Subsystem, the Lifeguard Subsystem and the Public Works Subsystem. "System Backbone" is defined as those portions of the System Backbone that provide the means by which dispatch centers and mobile radios communicate with each other, and is composed of radio infrastructure equipment, microwave equipment, and associated control equipment. "System Field Equipment" is defined as that portion of the System that uses the System Backbone for communications and consists of dispatch center equipment, mobile radios, and portable radios. 3. OPERATIONAL POLICIES — LAW ENFORCEMENT SUBSYSTEM The Orange County Chiefs of Police and Sheriff's Association (OCCOPSA) is an established organization composed of representatives from the Sheriff's Department, City Police Departments, District Attorney's Office and Probation Department. The OCCOPSA Communications Committee has been delegated by OCCOPSA the responsibility for operational policy development for the Law Enforcement Subsystem. Partner and Participating agencies agree that operational policy for the Law Enforcement Subsystem shall be developed by the OCCOPSA Communications Committee and ratified where appropriate by the OCCOPSA, in accordance with the terms and conditions of this Agreement. 4. OPERATIONAL POLICIES — FIRE SUBSYSTEM "The Orange County Fire Chiefs' Association (OCFCA) is an established organization composed of representatives from the Orange County Fire Authority and City Fire Departments. The OCFCA Communications Committee has been delegated by OCFCA the responsibility for operational policy development for the Fire Subsystem. Partner and Participating agencies agree that operational policy for the Fire Subsystem shall be developed by the OCFCA Communications Joint Agreement Nov232004 Final Page 3 Committee and ratified where appropriate by the OCFCA, in accordance with the terms and conditions of this Agreement. 5. OPERATIONAL POLICIES — LIFEGUARD SUBSYSTEM The Orange County Lifeguard Committee (OCLC) is an established organization composed of representatives from the City and County Lifeguard Departments. The OCLC Communications Committee has been delegated by OCLC the responsibility for operational policy development for the Lifeguard System. Partner and Participating agencies agree that operational policy for the Lifeguard System shall be developed by the OCLC Communications Committee and ratified where appropriate by the OCLC, in accordance with the terms and conditions of this Agreement. 6. OPERATIONAL POLICIES — PUBLIC WORKS SUBSYSTEM The Orange County Public Works Committee (OCPWC) is an established organization composed of representatives from the City and County Public Works Departments. The OCPWC has been delegated the responsibility for operational policy development for the Public Works Subsystem. Partner and Participating agencies agree that operational policy for the Public Works Subsystem shall be developed by OCPWC and ratified where appropriate, in accordance with the terms and conditions of this Agreement. 7.0 OPERATIONAL POLICY 7.1 Law Enforcement Subsystem The administration and ongoing development of the Law Enforcement Subsystem operational policy has been delegated to the OCCOPSA Communications Committee. That Committee reports to the OCCOPSA. Policies developed by OCCOPSA for the operations of the Law Enforcement Subsystem shall ensure that each participant is treated equitably and has sufficient communications capability to meet its legitimate needs. Any dispute between Partner and Participating Agencies over operational policies shall be reviewed by the OCCOPSA Communications Committee, and if not resolved, then reviewed by the OCCOPSA. Any unresolved dispute may be appealed to the Governance Committee for final decision. 7.2 Fire Subsystem The administration and ongoing development of the Fire Subsystem operational policy has been delegated to the OCFCA Communications Committee. That Committee reports to the OCFCA. Policies developed by OCFCA for the operations of the Fire Subsystem shall ensure that each participant is treated equitably and has sufficient communications capability to meet its legitimate needs. Any dispute between Partner and Participating Agencies over operational Joint Agreement Nov232004 Final Page 4 policies shall be reviewed by the OCFCA Communications Committee, and if not resolved, then reviewed by the OCFCA. Any unresolved dispute may be appealed to the Governance Committee for final decision. 7.3 Lifeguard Subsystem The administration and ongoing development of the Lifeguard Subsystem operational policy has been delegated to the OCLC Communications Committee. That Committee reports to the OCLC. Policies developed by OCLC for the operations of the Lifeguard Subsystem shall ensure that each participant is treated equitably and has sufficient communications capability to meet its legitimate needs. Any dispute between Partner and Participating Agencies over operational policies shall be reviewed by the OCLC Communications Committee, and if not resolved, then reviewed by the OCLC. Any unresolved dispute may be appealed to the Governance Committee for final decision. 7.4 Public Works Subsystem The administration and ongoing development of the Public Works Subsystem operational policy has been delegated to the OCPWC. Policies developed by OCPWC for the operations of the Public Works Subsystem shall ensure that each participant is treated equitably and has sufficient communications capability to meet its legitimate needs. Any dispute between Partner and Participating Agencies over operational policies shall be reviewed by the OCPWC. Any unresolved dispute may be appealed to the Governance Committee for final decision. 7.5 Standard Operating Procedures Except as provided in Section 11.3 ("Security"), individual subsystem operational policy, as well as policy affecting all users, shall be published in the 800 MHz CCCS Standard Operating Procedures (SOP). The SOP will be the source of all radio system operational policies and procedures established by the various subsystems. The SOP is maintained by OCSD/Communications and will be updated any time an approved change is made to this document. 7.6 System Priorities Public Safety, consisting of City and County Law Enforcement and Fire Agencies dispatch functions and individual radio emergency buttons, shall have System operational priority over all law/fire/public works non -life threatening operations when and if it is necessary to establish System priorities. Joint Agreement Nov232004 Final Page 5 8. OPERATIONAL POLICY REVIEW To ensure that operational policy developed by the various individual Subsystems is compatible with all of the other Subsystems, such policy shall be subject to review by all other Subsystems and OCSD/Communications when appropriate. Review would be required when policy is developed that crosses over into another Subsystem. Review is not required when policy is developed that is specific to one Subsystem only. A thirty (30) -day review period prior to policy implementation shall be observed in order to ensure appropriate time for review. Exceptions can be made when the policy is of an emergency nature and immediate implementation is necessary for safety purposes. All emergency exceptions shall be reviewed by the appropriate Subsystems as described above within the thirty (30) -day period. The intent of this review is to assure that decisions made by any one subsystem do not adversely affect the operation of any other group and to promote and ensure interoperability and compatibility. 9. MUTUAL AID 9.1 Mutual Aid Policies and Procedures Mutual Aid communications is an important capability of the System. Utilizing this capability in an efficient manner is essential. Mutual Aid operational policies and procedures must be coordinated between Partner and Participating Agencies within Orange County and Partner and Participating Agencies outside of Orange County. All Partner and Participating Agencies shall comply with the operational policies of the Mutual Aid Plans described in Section 9.2. 9.2 Mutual Aid Plans The following Mutual Aid Plans shall establish Mutual Aid operational procedures for all Participating Agencies. Orange County Mutual Aid Implementation Plan for the Use of the 800 MHz National and State Mutual Aid Channels This plan is required by the Southern California 800 MHz Regional Communications Plan and, together with any plan modifications, must be approved by the State of California Office of Emergency Services, Telecommunications Advisory Committee. The plan in effect on the date of this Agreement is on file with the OCSD/Communications Division. Any proposed modifications to the plan must be reviewed and approved by the Governance Committee, if needed, prior to submission to the State. Joint Agreement Nov232004 Final Page 6 Orange County Mutual Aid Plan for the Use of the 800 MHz Local Mutual Aid Channels The plan was prepared by OCSD/Communications Division and approved by the Partner and Participating Agencies, based upon approval by OCCOPSA, OCFCA, OCPWC and OCLC, as appropriate. 9.3 Mutual Aid Priorities Partner and Participating Agencies who from time to time have need to communicate with Law Enforcement or Fire Agencies during emergencies or in their daily support of Law Enforcement or Fire Agencies will be allowed to access the Law Enforcement or Fire Subsystems as approved by those respective agencies. Such use may include the day-to-day operations of said non -Law Enforcement and non -Fire Partner and Participating Agencies on a non - interfering, prioritized basis. This use shall be subject to approval of OCCOPSA and the OCFCA as it affects their respective communications. 10.0 RELINQUISHING EXISTING OPERATING CHANNELS Existing Partner and Appropriate Participating Agencies operate existing systems on a variety of radio channels licensed by the FCC. Both the FCC and the Southern California Regional Plan, approved by the FCC on November 21, 1989 for the implementation of new systems using the 800 MHz spectrum, require that Partner and Participating Agencies that transfer operation to the new 800 MHz channels must give back licenses on existing system frequencies. These "give - up" channels will then be redistributed to meet the needs of other agencies in Southern California which have not been met with the limited 800 MHz channels available. Partner and Participating Agencies entering into this Agreement agree to "give up" channels licensed on existing systems that are replaced by the new System. FCC licenses on these "give -up" channels shall be returned to the FCC for cancellation not more than thirty (30) days after transfer and acceptance of law enforcement and/or public works operations to the System. An exception to the paragraph above is when Partner and Participating Agencies who, as a result of transferring law enforcement operations to the System, subsequently move other public works operations to their current 460 MHz channels. In this case, Partner and Participating Agencies agree to relinquish the previously used 460 MHz channels to public works operations within thirty (30) days of completion of the transfer to the 800 MHz System and such a transfer to public works must occur within one hundred eighty (180) days of transfer of law enforcement operations to the System (FCC requirement), at which time the previously -used public works FCC licenses on these "give -up" channels must be returned to the FCC for cancellation not more than thirty (30) days after transfer of public works operations to the 460 MHz channels. Joint Agreement Nov232004 Final Page 7 Any city that does not have a 460 MHz law enforcement "give -up" GREEN channel to use for public works may be able to use another city's "give -up" 460 MHz GREEN channel in a cellular re -use pattern. 11.0 SYSTEM TECHNICAL MANAGEMENT Proper operation of a modern, trunked, multi -channel communications System requires centralized technical coordination. OCSD/Communications Division has established a 24-hour System Watch at Loma Ridge to assure seamless operation of this complex system. The infrastructure for this System is currently housed in 24 separate radio sites, with Loma Ridge serving as the master site. 11.1 Technical Liaison Committee The 800 MHz Technical Liaison Committee is utilized to develop the technical operation policies and procedures of the System. This committee is composed of sworn, technical and operational personnel of County and City Law Enforcement, Fire, Lifeguard and Public Works operations involved in the 800 MHz CCCS. 11.2 Technical Standards Technical standards are an essential part of the operation of a multi-user system. To ensure the long-range effective operation of System, technical standards shall continue to be reviewed and evaluated. Said standards shall be approved by the Technical Liaison Committee and all Partner and Participating Agencies will be required to adhere to them. Failure to adhere to the technical standards may result in mobile or portable field equipment being restricted from access to the associated Backbone System. 11.3 Security Any authorized user of the 800 MHz CCCS shall be required to protect the security of the system and its users by complying with the policies set forth in the "Security Plan for the Orange County 800 MHz Countywide Coordinated Communications System" document. Responsibilities include, but are not limited to, adhering to the Lost/Stolen/Missing Radio Procedure, providing physical security for equipment and documentation, not using Radio Service Software (RSS) to modify the configuration of any radio programming, and not providing technical information or radio equipment to unauthorized persons. As Participating Agencies or Mutual Aid organizations join the system, a copy of the Security Plan will be provided to the director of said organizations and will be advised to share it with appropriate personnel. 11.4 Approved Equipment The initial System implementation consisted of equipment supplied by the original system equipment vendor and met the technical requirements of the Joint Agreement Nov232004 Final Page 8 System. OCSD/Communications shall compile a list of this approved equipment and make it available to all Partner and Participating Agencies. In the future, as newer equipment from the original vendor or other vendors become available, OCSD/Communications shall evaluate it for compatibility with the System and make recommendations to the Technical Liaison Committee. Any equipment that meets the technical criteria for operation on the System shall be added to the approved list. OCSD/Communications will be responsible for negotiating pricing on new equipment with recommendations forwarded to the Governance Committee for final approval. 11.5 Technical Standards and Equipment Evaluation The OCSD/Communications Division maintains engineering and technical staff whose task is to maintain, manage and operate the 800 MHz CCCS. Technical management of the System shall continue to be the responsibility of OCSD/Communications Division. County technical staff shall evaluate new radio subscriber equipment for adherence to technical standards prior to the Technical Liaison Committee for approval and to the vendor requesting equipment evaluation. Any disputes regarding the technical evaluation of equipment will be referred to the OCCOPSA Communications Committee, OCFCA Communications Committee, OCLC Communications Committee, and OCPWC, with final approval by the Governance Committee. 12.0 SYSTEM MODIFICATION COST APPROVALS Any Law Enforcement Subsystem modification or other action proposed by OCCOPSA which requires Partner or Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Partner or Participating Agency, following approval by the Governance Committee. Any Fire Subsystem modification or other action proposed by the OCFCA which requires Partner or Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Partner or Participating Agency, following approval by the Governance Committee. Any Lifeguard Subsystem modification or other action proposed by the OCLC which requires Partner or Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Partner or Participating Agency, following approval by the Governance Committee. Any Public Works Subsystem modification or other action proposed by the PWPC which requires Partner or Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Partner or Participating Agency, following approval by the Governance Committee. Joint Agreement Nov232004 Final Page 9 13.0 CONTRACTS The County may from time to time enter into such agreements or contracts with various vendors to purchase or lease equipment, and for installation, service and maintenance of equipment as may be necessary and required in order to effectuate this Agreement. All such agreements or contracts shall comply with applicable State Law for counties. Appropriate shared costs will be included in backbone cost-sharing allocations. 13.1 County Responsibilities OCSD/Communications shall negotiate and enter into agreements or contracts with the various vendors as contemplated in this Agreement. OCSD/Communications shall make payments due and payable under such agreements on behalf of Partner and Participating Agencies. OCSD/Communications shall negotiate and enter into agreements with new Participating Agencies which may hereafter receive approval to access the System for day-to-day operations pursuant to this Agreement, provided that: • The Participating Agency agrees to the terms, conditions and costs for entry as defined by the Governance Committee on behalf of the Partners. Current policy by the Governance Committee directs a system entry fee of $3,295 per radio for Federal or State agency participation and $2,480 per radio for agencies operating strictly within the confines of the County. Participating Agencies are required to have their radios templated and programmed by OCSD/Communications Division staff, participate in the flat fee radio equipment maintenance program, and meet their annual backbone cost sharing obligation. • Requests by Participating Agencies will be evaluated in terms of potential channel loading on the 800 MHz CCCS. This evaluation will include an identification of the number of radios to be added, the type of communication being conducted, and the specific radio cell that will be impacted by the addition of this Participating Agency. If the addition of the Participating Agency may cause an extensive impact on channel loading, an outside channel loading analysis may be pursued at the expense of the requesting Agency. • Additional terms, conditions, and costs for entry shall be included in a separate agreement as established by the Governance Committee. The Governance Committee is given said authority under this Agreement with the understanding that adequate fees will be charged as appropriate. Said separate agreement shall include any direct or indirect compensation to Partner Agencies for System Backbone usage by new Participating Agency(s). Joint Agreement Nov232004 Final Page 10 • OCSD/Communications shall obtain the approval of the Governance Committee to determine the appropriate additional terms, conditions, and costs to be included in said separate agreement. • Any such new Participating Agency hereafter who shall desire to become a party to this Agreement may do so by executing a copy of this Agreement, as well as the separate agreement if applicable. • Compensation may take the form of improvement or modification of System or other contribution for the benefit of all Partner or Participating Agencies. 14. EQUIPMENT FACILITIES AND STRUCTURES Additional facilities, structures, and modifications may be needed to implement the System, including System Backbone facilities and System Field Equipment facilities (e.g., dispatch centers). 14.1 System Backbone Facilities In the event of a decision by the Governing Authorities to financially support expanding or modifying existing facilities, or adding new County radio structures or facilities as necessary, to support the implementation of the System Backbone, the County shall be responsible as lead agency to implement these expansions, modifications, or additions. 14.2 Field Equipment Facilities Individual Partner or Participating Agency shall, at its sole Partner or Participating Agency expense, expand or modify its existing structures, facilities, or dispatch centers as required to support the installation or enhancement of Partner or Participating Agency System Field Equipment. 15. SYSTEM MODIFICATIONS AND COST SHARING 15.1 System Modifications System modifications may be needed from time to time to meet the changing needs of Partner and Participating Agencies. System modifications, expansions or enhancements will not be allowed without technical review by the County and approval by the Governance Committee. System modifications recommended by County and agreed to by the Governance Committee will then be forwarded to Governing Authorities for approval, as appropriate, and implemented by County. Cost sharing of future System Backbone modifications shall be determined based on the benefit to be derived by individual Partner or Participating Agencies. Joint Agreement Nov232004 Final Page I 1 The cost for any modification intended for the sole use and support of a single Partner or Participating Agency shall be borne by that Partner or Participating Agency. The cost for any modification intended to improve service for an identifiable group of Partner or Participating Agencies in a local area or Net shall be shared by those Agencies in a manner agreeable to those Agencies. 15.2 Cost Sharing Beginning July 1, 2002 A. Effective Date/Percentage Share The Cities and Orange County Fire Authority (OCFA) will continence System Backbone cost sharing payments as of July 1, 2002. The following represents the respective aggregate obligations for the ongoing maintenance costs of the System Backbone expressed as a percentage of the total cost: 1. FY 02-03 a. County's share of cost 51% b. Cities'/OCFA's share of cost 49% 2. FY 03-04 a. County's share of cost 45.6% b. Cities'/OCFA's share of cost 54.4% 3. FY 04-05 and thereafter a. County's share of cost 40.18% b. Cities'/OCFA's share of cost 59.82% The individual obligations for the ongoing maintenance cost of the System Backbone, as approved by the Governance Committee, for each of the Cities and OCFA shall be determined by dividing the number of radios that each of the Cities and the OCFA, respectively, are operating on the System by the total number of radios that the Cities and OCFA are collectively operating on the System. The resulting ratios shall each be multiplied by the aggregate percentage obligations of the Cities and the OCFA for each fiscal year as set forth above. The resulting products shall be the Cities' and OCFA's individual percentage obligations for the ongoing maintenance cost of the System Backbone in each applicable fiscal year. Joint Agreement Nov232004 Final Page 12 The contribution made by Participating Agencies will be calculated based on a per radio cost, which will be calculated on an annual basis by dividing the total operating and infrastructure backbone cost, by the total number of radios. The calculated contributions for the Participating Agencies will then be deducted from the total backbone cost-sharing expense. The remaining amount will be used to calculate the City, OCFA and County obligations consistent with 15.2.A.3. above. Emergency radios held in a separate pool will not be included in the radio counts for backbone cost-sharing purposes. Radios, as identified by the Partner or Participating Agencies, that are set aside strictly for the purpose of an emergency activation or some other emergency situation, and are not used for any other purpose, will be excluded from backbone cost-sharing counts. Serial numbers for these radios are to be provided by the Partner or Participating Agency. The OCSD/Communications Division will run random radio traffic checks on those radios identified as emergency radios and will advise department heads if any ongoing traffic is occurring. 15.3 Cities/OCFA Payment of FY 02-03 Backbone Costs A. County is authorized to transfer from the County's Site Development and Infrastructure Fund to the County General Fund, an amount equal to the Cities' and OCFA's FY 02-03 share of cost for System Backbone operations. The purpose of this transfer is to finance Cities' and OCFA's FY 02-03 share of the System Backbone costs and to allow cities and OCFA to pay said costs over a period of time. Furthermore, it allows the County to receive said amount in its General Fund as was budgeted for FY 02-03. B. Each city and OCFA will amortize its share of the FY 02-03 System Backbone costs, interest free, over a period of 5 years, commencing July 1, 2003, by paying back to County 20% of its share of the FY 02-03 System Backbone cost each year thereafter for five years. Each city and OCFA shall make this payment to County along with its regular System Backbone cost-sharing expense payment for that particular fiscal year. 15.4 Annual Payment Commencing July 1, 2003, and continuing each year thereafter, each city and OCFA will contribute 100% of its allocated share of the System Backbone costs based on the formula set forth in 15.2.A above. Said payments shall be made on a quarterly basis in advance within thirty days of billing. Joint Agreement Nov232004 Final Page 13 15.5 New Site Development and Infrastructure Fund The County will place the approximately $4.1 million currently in the County's Site Development and Infrastructure Fund, less the amount County is allowed to deduct from that fund pursuant to 15.3.A above, into a separate Site Development and Infrastructure Fund. This fund will be controlled by the 800 MHz Governance Committee. Each project financed from this fund will require prior Governance Committee approval. Each expenditure from the Site Development and Infrastructure Fund must be utilized for County's share of site development and/or infrastructure costs. On June 30, 2008, any remaining balance in the Site Development and Infrastructure Fund shall be administratively transferred to the County General Fund without further approval by the 800 MHz Governance Committee, cities or the OCFA. The Partner and Participating Agencies will share in the cost of 800 MHz CCCS system and infrastructure upgrades. The funding sequence for payment of these costs will be as follows: • Use of grant funds if available. • Use of system entry fees contributed to the system from new Participating Agencies as they join the system. • Use of combined City/County contract reserve fund consistent with percentage contributions made by cities versus County. • Use of infrastructure contributions collected annually as part of the backbone cost-sharing allocations. Contributions to infrastructure payments will be made on a 70% Cities/OCFA and 30% County of Orange basis, consistent with the Motorola contract allocation split during 800 MHz CCCS implementation. OCSD/Communications will prepare a document and timeline that identifies the remaining infrastructure requirements and estimated costs by fiscal year, thereby bringing closure on the balance of the infrastructure necessary to complete the original 800 MHz CCCS. Infrastructure payments beginning in FY 2005/2006 will reflect contributions needed to meet these outstanding obligations. • County will pay for design and construction costs for radio sites required to address outstanding coverage issues that remain from initial 800 MHz CCCS implementation, which are Newport Beach, Dana Point and Brea/Carbon Canyon sites. • County will evaluate the inclusion of radio site construction and infrastructure for new housing developments as part of Mello -Roos costs. 15.6 Exclusive Backbone System Costs Unless otherwise authorized by separate agreement or an amendment to the 800 MHz CCCS Joint Agreement, none of the cost elements covered under the 800 MHz Communications System Agreement for Cost Sharing shall be included in other service agreements between the County of Orange and the Cities or OCFA. Joint Agreement Nov232004 Final Page 14 15.7 New Participating Agencies New users of the System shall be charged pursuant to the policy established by the Governance Committee under Sections 13.1 and 16 of the 800 MHz CCCS Joint Agreement. 15.8 Budget/Year-End Settlement A. The 800 MHz budget and allocation of expenses will be submitted for approval to the Governance Committee ninety (90) to one hundred and twenty (120) days in advance of each fiscal year and communicated to the Partner and Participating Agencies for purposes of including same in their budgets for the next fiscal year. B. As soon as practicable following the end of each fiscal year, a final independent audit or a financial review as stipulated by the Governance Committee, shall be performed to determine the actual cost of backbone system operations, infrastructure and maintenance costs for that fiscal year. The findings of this audit or financial review shall be made known to the Partners and Participating Agencies on the 800 MHz CCCS. Thereafter, to the extent there have been contributions made by the Partners and Participating Agencies which exceed the actual cost of operations and maintenance, the amount of said excess contributions shall be credited to each party in the same proportion as was used to create the excess. Any excess for operational expenses shall be deducted from each entity's fiscal year obligation for the following fiscal year. In the event of a shortfall, each party shall be billed its pro -rata share of the shortfall, which shall be paid in the first quarter payment for the next fiscal year following the fiscal year of the shortfall. C. Contributions made to infrastructure by each Partner Agency and Participating Agency will be held in either the specific County Account (15L) designated for 800 MHz CCCS infrastructure or system upgrades or in the third -party escrow account as determined by the Governance Committee. In either case, interest earnings will be allocated to these specific funds. Whether the Governance Committee determines that these funds will be held in a third -party escrow account or a County fund, the fees for this account will be included as a backbone cost-sharing expense. As designated under the 800 MHz Escrow Agreement, unless otherwise modified, escrow account funds can only be spent for Motorola expenditures in support of system enhancements or infrastructure costs. D. Should any Partner Agency or Participating Agency fail to make its appropriate payments when due, the County shall take action as is appropriate to obtain such payment. Nothing in this Agreement shall be construed as the County's exclusive remedy for the remediation of Joint Agreement Nov232004 Final Page 15 defaults by Governing Authorities, and the County reserves the right to pursue any and all available rights and remedies at law or in equity. 15.9 800 MHz Site Revenues In the event County decides to generate revenues from the commercial, non- governmental sector by leasing space at the County's radio sites, the following shall apply: A. The use of said radio sites shall not interfere with or degrade the efficiency of the System. B. The net revenues generated from such use shall be shared among the Parties to this 800 MHz CCCS Joint Agreement in the same proportion as each party contributed to the maintenance and repair of the radio site(s) for the fiscal year the revenue is generated, up to the amount of each party's contribution for maintenance and repair of the base radio site(s) from which the revenue is generated. All additional net revenues shall go to the County. 15.10 Future System Enhancements/Upgrades/Replacements It is anticipated that a significant upgrade of the 800 MHz CCCS will be required as early as 2010. The Governance Committee, with staffing provided by the County, will be responsible for defining the required upgrades and anticipated funding requirements. The Governance Committee will develop a long-range plan and establish a multi-year Equipment Replacement Fund for the purpose of accumulating funds from the Partner and Participating Agencies. The Equipment Replacement Fund will be designed to allow for the tracking of interest by individual contributor. 16. ADDITIONAL PARTICIPATING AGENCIES OR CONSOLIDATION OF PARTICIPATING AGENCIES Law Enforcement/Public Works/Fire/Lifeguard Agencies may be added to the system with approval by that Agency's Governing Authority, support by appropriate operational committees, and approval of Governance Committee. The System is designed to support multiple Participating Agencies. New Participating Agencies may only be added to the System within channel loading limits without degrading the level of service. (Refer to Section 13. 1.) The System must adhere to FCC minimum loading standards. In order to meet the minimum loading standards established by the FCC and to ensure efficient utilization of the System spectrum resource, County will continually monitor the level of use of the System. Joint Agreement Nov232004 Final Page 16 The County shall be responsible for coordinating access to the System, training new users in operational and security procedures, and assuring compliance with technical standards. The new Agency may be responsible for the cost of these services. 16.1 Adding Participating Agencies: Newly Incorporated or Contract Cities Cities presently contracting for law enforcement, fire or public works services from the County or other Participating Agencies may in the future desire to form their own departments. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to an independent city system similar to other cities. Any System Field Equipment or other costs associated with the transition of a New City or Contract City to the System shall be the responsibility of the city unless addressed in a separate agreement with County. 16.2 Consolidation of Law Enforcement Agencies, Public Works Agencies or Fire Agencies Cities presently contracting for law enforcement, fire or public works services from the County or other Partner or Participating Agencies may in the future desire to consolidate with other departments to form regionalized systems. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to a consolidated system. Any System Field Equipment or other costs associated with the transition of a Contract City or Independent City to form with others in a consolidated unit shall be the responsibility of the consolidated entity, unless addressed in a separate agreement with the County. 163 Adding Non-City/Non-County Participating Agencies Newly formed Non-City/Non-County Participating Agencies that do not participate in the System in its initial implementation may desire to use the System. County shall work with any such Participating Agency to develop an appropriate system design and implementation plan to transition, to the System after approval is recommended by OCCOPSA, OCFCA, OCLC, and OCPWC, as appropriate, and approved by the Governance Committee. An agency that does not participate in the original purchase and cost sharing of the System Backbone shall contribute a share of the System cost consistent with Section 13.1. Funds from this account may be used for Backbone System enhancements for the benefit of all Partners and Participating Agencies. Enhancements shall be recommended by the Technical Liaison Committee and OCCOPSA, OCFCA, OCLC, and OCPWC as appropriate, with final approval by Joint Agreement Nov232004 Final Page 17 the Governance Committee. Approved enhancements involving cost sharing shall be submitted to the Governing Authorities for approval as appropriate. Any Backbone System modification costs required to transition a New Non -City/ Non -County Participating Agency to System shall be the responsibility of the new Non-City/Non-County Participating Agency. Any System Field Equipment costs associated with the transition of a New Non- City/Non-County Participating Agency to System shall be the responsibility of the new Non-City/Non-County Participating Agency. 16.4 Adding Mutual Aid Providers Certain governmental and non-governmental Mutual Aid Providers may be granted access to the subsystems, for the expressed purpose of providing Mutual Aid to a Participating Agency. Access may only be granted by the bodies described in Sections 3, 4, 5, 6 of this Agreement. Any Backbone System modification costs associated with adding a Mutual Aid Provider to the System shall be the responsibility of the Mutual Aid Providers and/or the sponsoring Partner or Participating Agency(s). Any System Field Equipment costs associated with adding a Mutual Aid Provider to the System shall be the responsibility of the Mutual Aid Provider and/or the sponsoring Partner or Participating Agency(s). 17. LIABILITY Each Party listed in Exhibit "A" (the "Indemnitor") shall indemnify, defend, and hold all other parties, and their agents and employees (the `Indemnitees") harmless from all claims, liabilities, damages, and losses to the Indemnitees arising out of any acts or omissions of itself and its agents and employees in connection with the performance of this Agreement which acts or omissions constitute gross negligence. 18. GOVERNANCE COMMITTEE The 800 MHz Governance Committee will oversee implementation and operations of the 800 MHz System including Partner and Participating Agency compliance with payment schedules, addressing operational issues affecting System operation and backbone site development, reviewing and approving conversion, modification and enhancement plans, approving contract pricing changes, resolving disputes between Partners or Participating Agencies, approving the policy recommendations of the Committees, approving policy, operational and fiscal matters necessary for the operation and maintenance of the System, and performing any other responsibilities required to implement this Agreement. Joint Agreement Nov232004 Final Page 18 The Governance Committee shall be responsible for recommending 800 MHz Project operating and capital improvement budgets that are jointly funded by the Parties to the Agreement. The appropriate Governing Authorities will be responsible for approving these budgets through the backbone cost-sharing approval process. Committee members, as identified below, will also be responsible for coordinating with their appropriate associations/agencies on issues involving Governing Body approvals: • Four City Managers appointed by the Orange County City Managers' Association • Chief Executive Officer, County of Orange, or Designee • Sheriff -Coroner, or Designee • Resources and Development Management Department Director, or Designee Each must designate and name an alternate as a voting member if member cannot attend. 19. AGREEMENT AMENDMENT PROCESS This Agreement may be amended or modified by consent of all of the Goveming Authorities representing the Parties. 20. WITHDRAWAL FROM SYSTEM This Agreement shall take effect as above dated. This Agreement may be terminated by any Parties or Participating Agencies to the Agreement as listed on Exhibit "A" or Exhibit "C" as to that Party or Participating Agency by serving written notice of termination on the County and after meeting its financial obligations under this Agreement. After the expiration of sixty (60) days from the giving of such notice, the Party or Participating Agency so electing to withdraw shall cease to be a Party or Participating Agency to this Agreement. Such termination shall not relieve said Party or Participating Agency or other Party of any financial obligation assumed as part of this Agreement. (Said Party and Participating Agency shall still be obligated to pay its backbone cost-sharing expense for that fiscal year and its annual flat fee expense for that fiscal year if the Party or Participating Agency is participating in the flat fee program.) The Party or Participating Agency terminating shall not be responsible for any financial obligations assumed by the other Parties or Participating Agencies hereto subsequent to said termination. Similarly, it is understood that County has ownership of the System Backbone and certain backbone sites, as well as FCC licenses presently owned by the County, and upon any termination by any Parties Joint Agreement Nov232004 Final Page 19 to the Agreement, any and all right, title and interest in the System Backbone, those backbone sites and FCC licenses shall remain with the County. Should the County wish to withdraw, an orderly transition to remaining Parties and Participating Agencies must be affected. Joint Agreement Nov232004 Final Page 20 IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF or l{., By: !Y\.�t� rt!�•.� Board of Supervisors Dated: Approved As to Form: County Counsel 11—�0 —oma{ CITY OF: San Juan Capistrano ATTEST: Wyatt Hart, Mayor City Clerk _ Margaret R. Monahan Dated: Approved As to Form: City Attorney An R. Shaw Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: SVONED AND CERTIFIED THAT A COPY OF THIS DOCUM T HAS BEEN DELIVERED TO THE Ck IRMAN OF THEyqARD EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT Exhibit A as 11/03/04 -1- RESPONSIBLE CITY ADMINISTRATOR ADDRESS PHONE # Aliso Viejo Cit Manager City g 12 Journey, Suite 100 949/425-2512 Aliso Viejo, CA 92656-5335 Anaheim City Manager 200 S. Anaheim Blvd.Anaheim, 714/765-5162 CA 92805 Brea City Manager 1 Civic Center Circle 714/990-7770 Brea, CA 92821-5732 Buena Park City Manager Beach Blvd.k 714/562-3550 Buena Park, CA 90620 Costa Mesa City Manager 77 Fair Drive 714/754-5328 Costa Mesa, CA 92626 Cypress City Manager 5275 Orange Avenue 714/229-6688 Cypress, CA 90630 Dana Point City Manager 33282 Golden Lantern, Suite 203 949/248-3513 Dana Point, CA 92629 Fountain Valley City Manager 10200 Slater Avenue 714/593-4410 Fountain Valle , CA 92708 Fullerton City Manager 303 W. Commonwealth Ave 714/738-6310 Fullerton, CA 92832 Garden Grove City Manager 11222 Acacia ParkwayGarden 714!741-5100 Grove, CA 92840 Huntington Beach City Administrator 2000 Main Street 714/536-5575 Huntin on Beach, CA 92648 1 Civic Center Plaza Irvine City Manager P.O. Box 19575 949/724-6246 Irvine, CA 92623-9575 La Habra City Manager 201 E. La Habra Blvd.La 562/905-9701 Habra, CA 90633 La Palm City Manager 7822 Walker Streeta 714/690-3333 La Palma, CA 90623 Laguna Beach City Manager 505 Forest Avenue 949/497-0704 La na Beach, CA 92651 Laguna Hills City Manager 24035 El Toro Road 944(707-2610 Laguna Hills, CA 92653 Laguna Niguel City Manager 27801 La Paz 949/362 4300 LagunaRoad Niguel, CA 92677 Laguna Woods City Manager 24264 El Toro 949/639-0525 LagunaRoad Woods, CA 92653 Lake Forest City Manager 25550 Commercentre DriveLake 949/461-3410 Forest, CA 92630 Los Alamitos City Manager 3191 Katella Avenue 562/431-3538 Los Alamitos, CA 90720 ext. 201 Mission Viejo City Manager 200 Civic Center 949/470-3051 Mission Viejo, CA 92691 Exhibit A as 11/03/04 -1- EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT Exhibit A as 11/03/04 -2- RESPONSIBLE CITY ADDRESS PHONE # ADMINISTRATOR Newport Beach City Manager 3300 Newport Blvd. 949/644-3000 Newport Beach, CA 92663-3884 Orange City Manager 300 East Chapman Ave. 714/744-2222 Orange, CA 92866 Placentia City Administrator 401 East Chapman AvePlacentia, 714/993-8117 CA 92870 22112 El Paseo 949/635-1800 Rancho Santa Margarita City Manager Rancho Santa Margarita, CA 92688 ext. 210 San Clemente City Manager 100 Avenida Presidio 949/361-8322 San Clemente, CA 92672 San Juan Capistrano City Administrator 32400 Paseo Adelanto 949/443-6317 San Juan Capistrano, CA 92675 Santa Ana City Manager 20 Civic Center Plaza 714/647-5200 Santa Ana, CA 92701 211 8th Street 562/431-2527 Seal Beach City Manager Seal Beach, CA 90740 ext. 300 7800 Katella Avenue 714/379-9222 Stanton City Manager Stanton, CA 90680-3162 ext. 240 Tustin City Manager 300 Centennial Way 714/573-3010 Tustin, CA 92780 Villa Park City Manager 17855 Santiago Blvd.Villa 714/998-1500 Park, CA 92861 8200 Westminster Blvd. 714/898-3311 Westminster City Manager Westminster, CA 92683 ext. 402 4845 Casa Loma Avenue Yorba Linda City Manager P. 0. Box 87014 714/961-7110 Yorba Linda, CA 92886 West Cities West -Comm 911 Seal Beach Blvd. Communications Center Administrator Seal Beach, CA 90740 562/594-7243 (West -Comm Exhibit A as 11/03/04 -2- EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT COUNTY RESPONSIBLE ADDRESS PHONE # AGENCY/ ADMINISTRATOR ADDRESS PHONE # DEPARTMENT Fire Chief 714/573-6010 Authority 401 Civic Center Drive West District Attorney District Attorney P. 0. Box 808 714/834-3636 Center Manager Santa Ana, CA 92702 714/765AO77 405 W. 5h Street Health Care Agency Director 714/834-6254 Santa Ana, CA 92701 Integrated Waste 320 N. Flower St., Suite 400 Director 714/834 4122 Management Department Santa Ana, CA 92703 3160 Airway Avenue John Wayne Airport Airport Director 949/252-5183 Costa Mesa, CA 92626-4608 Probation Department Chief Probation Officer1535 E. Orangewood Avenue 714/9374701 Anaheim, CA 92705 Resources & Development 300 N. Flower Street Director 714/834 4643 Management Department Santa Ana, CA 92703-5000 550 N. Flower St. Sheriff -Coroner Sheriff -Coroner P. 0, Box 449 714/647-1800 Department Santa Ana, CA 92703 FIRE SERVICES RESPONSIBLE ADMINISTRATOR ADDRESS PHONE # Orange County Fire 1 Fire Authority Road Fire Chief 714/573-6010 Authority Irvine, CA 92602 Metro Net Fire Dispatch Communications 201 So. Anaheim Blvd., Suite 302 Center Manager Anaheim, CA 92805 714/765AO77 Exhibit A m 11/03/04 -3- EXHIBIT B CITY USERS LAW PUBLIC WORKS LIFEGUARD FIRE ALISO VIEJO SHERIFF OCFA ANAHEIM X X X BREA x I X X BUENA PARK X X OCFA COSTA MESA X X X CYPRESS X X OCFA DANA POINT SHERIFF X OCFA FOUNTAIN VALLEY X X X FULLERTON X X X GARDEN GROVE X X X HUNTINGTON BEACH X X X X IRVINE X X OCFA LA HABRA x x j X LA PALMA X X OCFA LAGUNA BEACH X X X X LAGUNA HILLS SHERIFF X OCFA LAGUNA NIGUEL SHERIFF X OCFA LAGUNA WOODS SHERIFF OCFA LAKE FOREST I SHERIFF OCFA LOS ALAMITOS I X X OCFA MISSION VIEJO I SHERIFF X OCFA NEWPORT BEACH X X X X ORANGE X X X PLACENTIA X X OCFA RANCHO SANTA MARGARITA SHERIFF ! ! OCFA SAN CLEMENTE SHERIFFX X OCFA SAN JUAN CAPISTRANO 1 SHERIFF X OCFA SANTA ANA XX X SEAL BEACH X X X OCFA STANTON SHERIFF X OCFA TUSTIN X X OCFA VILLA PARK 1 SHERIFF X OC FA WESTMINSTER X XX OCFA YORBA LINDA BREA OCFA WEST -COMM X I METRONET X COUNTY USERS LAW PUBLIC WORKS LIFEGUARD FIRE DISTRICT ATTORNEY 1 X HCA X IWMD I X JOHN WAYNE AIRPORT ! X X PROBATION X RDMD ! X X _ SHERIFF -CORONER ! X OCFA X ExhlbitB jh 11/03/04 EXHIBIT B MUTUAL AID USERS LAW PUBLIC LIFEGUARD WORKS FIRE AFRC FIRE DEPARTMENT X AMR AMBULANCE X BOEING FIRE DEPARTMENT X CALIFORNIA HIGHWAY PATROL X CALIFORNIA STATE PARKS X CALIFORNIA STATE UNIVERSITY FULLERTON POLICE X CAMP PENDLETON FIRE DEPARTMENT X CARE AMBULANCE I X CDF RIVERSIDE FIRE DEPARTMENT X CORONA FIRE DEPARTMENT X DISNEYLAND FIRE DEPARTMENT X DOCTOR'S AMBULANCE X EMERGENCY AMBULANCE I X FBI X HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT PD1 X LA HABRA HEIGHTS FIRE DEPARTMENT X LAGUNA BEACH COUNTY WATER DISTRICT X LOS ANGELES COUNTY SHERIFF AERO BUREAU X MEDIX AMBULANCE X MERCY AIR X NAVAL WEAPONS STATION FIRE DEPARTMENT X NORTHROP GRUMMAN FIRE DEPARTMENT X SADDLEBACK COLLEGE POLICE DEPARTMENT X SANITATION DISTRICT OF ORANGE COUNTY X SCHAEFER AMBULANCE X UNITED STATES FOREST SERVICE X UNIVERSITY OF CALIFORNIA IRVINE POLICE X Exhibit B jh 11/03/04 EXHIBIT C 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM MUTUAL AID USERS MUTUAL AID USERS RESPONSIBLE ADDRESS PHONE # ADMINISTRATOR AFRC Fire Department Tom McKinnon 4250 Constitution 562/795-2144 Los Alamitos, CA 90720 AMR Ambulance Ernie Chavez 10662 Stanford Ave. 714/638-6200 Garden Grove, CA 92840 Boeing Fire Department Scott Bolton 2600 Westminster Blvd. 562/797-3188 Sea] Beach, CA 90740 California Highway Patrol Bob Fablee 3865-A W. Commonwealth Ave. 714/449-7091 Helicopters Fullerton, CA 92833 8471 North Coast Highway California State Parks Ken Kramer Laguna Beach, CA 92651 949/497-1582 California State University P.O. Box 6806 Fullerton Police and Fire Sgt. Bob Baker 714/278-2904 Fullerton, CA 92834-6806 Departments Camp Pendleton PO Box 555211 Chief Timothy Hoover 760/725 4321 Fire Department Camp Pendleton, CA 92055 Care Ambulance Rick Richardson 8932 Katella Ave., Suite 201 714/828-7750 Anaheim, CA 92804 CDF Riverside 210 W. San Jacinto Ave Chief Mike Burton 951/940-6900 Fire Department Perris, CA 92570 Corona Fire Department Deputy Chief Marcus 815 W. 6's Street 909/736-2220 Billington Corona, CA 92882 Disneyland Fire Lon Cahill 1313 S. Harbor Blvd. 714/781 4666 Department Anaheim, CA 92803-3232 Doctor's Ambulance Jim Ignacio 23091 Terra Drive 949/951-8535 Laguna Hills, CA 92653 ext. 206 Emergency Ambulance Jim Karras 3200 East Birch #A 714/990-1742 Brea, CA 92821 FBI Dan Koch 11000 Wilshire Blvd., Ste. 1700 310/996-3720 Los Angeles, CA 90024 Huntington Beach Union Scott Atkinson 10251 Yorktown Ave. 714/536-7521 High School District Police Huntington Beach, CA 92646-2999 La Habra Heights Fire John Nielsen 1245 N. Hacienda Road 562/694-8283 Department La Habra Heights, CA 90631 Laguna Beach 306 Third Street Dennis Hoffer 949/497-2585 County Water District Laguna Beach, CA 92651 Los Angeles County 3235 Lakewood Blvd. Sheriff Aero Bureau Capt. James DiGiovanna Long Beach, CA 90808 562/421-2701 Arco Bureau ExhibitC m 11/03/04 -1- EXHIBIT C 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM MUTUAL AID USERS MUTUAL AID USERS RESPONSIBLE ADDRESS PHONE # ADMINISTRATOR Medix Ambulance Michael Dimas 26021 Pala Drive 949/470-8921 Mission Viejo, CA 92691 Mercy Air Aaron Oshima P.O. Box 2532 909/841-2882 Fontana, CA 92334 Naval Weapons Station Larry Bach Fire Division Code N23 800 Seal Beach Blvd. 562/626-7005 Fire Department Seal Beach, CA 90740-5000 Northrop Grumman Fire Sam Luque 33000 Avenida Pico 949/361-7011 Department San Clemente, CA92673 Saddleback College 28000 Marguerite Parkway Chief Harry Parmer 949/5824585 Police Department Mission Viejo, CA 92692 Sanitation District of Howard Lembke 10844 Ellis Ave. 714/593-7270 Orange County Fountain Valley, CA 92728 Schaefer Ambulance Jimmy McNeal 2215 South Bristol Ave. 714/545-8486 Santa Ana, CA 92704 United States Forest James Nordenger P. O. Box 897 858/695-0258 Service Poway, CA 92074 University of California, Lt. Jeff Hutchinson 150 Public Services Building 949/824-1140 Irvine Police Department Irvine, CA 92697-4900 ExhibitC n 11/03/04 -2- EXHIBIT D 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTICIPATING AGENCIES AGENCY RESPONSIBLE ADDRESS PHONE # ADMINISTRATOR Exhibit D m 11/03/04 -1-