Loading...
1988-0906_ORANGE , COUNTY OF_Communications Agreement1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 IN 0 0 COMMUNICATIONS AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF SAN JUAN CAPISTRANO THIS AGREEMENT made and entered into by and between the County of Orange, a body politic and corporate, hereinafter designated as "COUNTY," and the City of San Juan Capistrano, a municipal corporation located within the County of Orange, hereinafter designated as "CITY." RECITALS: WHEREAS, COUNTY provides communication systems and equipment maintenance, repair, training, coordination and engineering services; and WHEREAS, CITY desires to utilize these services; and WHEREAS, COUNTY controls, manages, coordinates and operates the County Coordinated Communications Systems for Fire Services, Law Enforcement, Public Works, Administration and Special Emergency Services; and WHEREAS, the County Coordinated Communications Systems consist of System Backbone and System Field Equipment defined by this Agreement, herein referred to as SYSTEM BACKBONE and FIELD EQUIPMENT, respectively; and WHEREAS, CITY utilizes one or more of these systems; and WHEREAS, COUNTY and CITY desire to identify communication systems maintenance, repair, training, and engineering services responsibilities of COUNTY and CITY, and COUNTY charges for specified services; NOW, THEREFORE, for and in consideration of the mutual covenants and promises of the parties hereto, hereafter contained, it is mutually agreed by and between the parties as follows: 1. CITY agrees to participate in this Agreement and further agrees to maintain and use all CITY -owned equipment that is associated or interfaces with SYSTEM(S) BACKBONE at and in accordance with Federal Communications Commission (FCC) and California Public Utilities Commission standards and policies in order to enable COUNTY to operate the County Coordinated Communications Systems, to prevent violations and to protect integrity of the County Coordinated Communications Systems. JK:nd:cv 1423w-1 8-1-88 I COMMUNICATIONS AGREEMENT Page 2 1' 2. CITY agrees not to apply to the FCC for individual authority or license to 2 operate a base station or mobile transmitter operating on SYSTEM(S) BACKBONE. 3 3. COUNTY agrees to assist CITY to apply for FCC authority or license to operate a base station or mobile transmitter not associated with SYSTEM(S) BACKBONE. 4 4. CITY agrees to maintain a current inventory of all communications and any 5 other equipment maintained by COUNTY and/or associated with the COUNTY Coordinated Communications Systems. CITY also agrees to update this listing as equipment is 6 acquired or at least every six (6) months on COUNTY provided form. List will include and designate: 7 (a) Existing equipment. 8 (b) Equipment acquisitions (leased or owned). 9 (c) Equipment either disposed of or no longer used within the systems. 10 (d) Equipment acquisition date and warranty information. 11 5. CITY agrees that COUNTY is, and shall at all times be deemed to be an 12 independent contractor that is wholly responsible for the manner it performs services 13 required by this Agreement. (a) COUNTY, its agents and employees will not be entitled to any rights or 14 privileges of CITY employees. 15 (b) COUNTY assumes exclusively the responsibility for the acts of its employees or agents as they relate to services provided during the course and scope of 16 their employment. 17 (c) Nothing herein contained will be construed as creating relationship of employer and employee, or principal and agent, between COUNTY and CITY or any of 18 COUNTY's agents or employees. 19 6. CITY agrees to pay COUNTY, in accordance with the terms set forth in Appendix 20 3, for the following services: (a) Maintenance, repair and/or installation/removal of CITY -owned equipment 21 as specified in Appendix 1. Services set forth in Appendix 1 of this Agreement shall 22 be reviewed annually. 23 (b) Subcontract maintenance/repair/installation pass through costs necessary to repair or install specified equipment that cannot be performed by COUNTY staff. 24 7. COUNTY agrees to warrant COUNTY installation, labor and materials to thirty 25 (30) days after completion of each service without additional charge. However, if manufacturer of the materials serviced by COUNTY provides additional warranties, COUNTY's obligation to CITY is limited to returning the materials to manufacturer at 26 CITY's expense. The decision of any warranty liability in these cases rests with 27 manufacturer. JK:nd:cv 28 1423w-2 8-1-88 1 COMMUNICATIONS AGREEMENT Page 3 1 8. COUNTY agrees to warrant all parts used in repair of radio equipment for 2 proper installation and to be free from defect in materials and workmanship for 30 days from date of repair. 3 (a) Warranty applies only to parts actually installed in equipment and work 4 of COUNTY technicians directly associated therewith and is not a warranty relating to the general operation of the equipment. 5 (b) Service under this warranty will be performed at the original point of 6 repair. 7 9. CITY agrees that if it has a proper claim for warranty specified in clauses 7 8 and 8, CITY must contact COUNTY. Upon inspection by COUNTY: (a) If COUNTY agrees malfunction is related to previous repair service, 9 COUNTY will repair equipment/material in question and return it to service without 10 charge. (b) If COUNTY disagrees malfunction is related to previous repair service, 11 COUNTY will contact CITY for further repair instructions before proceeding on GITY's behalf. 12 13 10. COUNTY agrees to provide the following services at no cost: (a) Coordinated Communications Systems BACKBONE maintenance and repair 14 including vendor subcontracts. 15 (b) Ongoing engineering support for current SYSTEM(S) BACKBONE and for 16 new/replacement SYSTEM(S) BACKBONE. 17 (c) Engineering support including assistance to outside consultants in the development of stand-alone systems. 18 (d) COUNTY Coordinated Communications Center (Operations Unit) staff support 19 and ongoing operational training support for existing SYSTEM(S) BACKBONE. 11. COUNTY agrees to provide a fixed location where vehicles and equipment can be 20 brought in for service. 21 12. COUNTY agrees to provide field technicians for required field service. 22 13. COUNTY will not generally provide services for equipment listed in Appendix 2. If these services become available, all charges for services specified in Appendix 23 2 shall be borne by the CITY at the rates specified in Appendix 3. 24 14. Services set forth in Appendix 2 of this Agreement shall be reviewed annually. 25 15. (a) "SYSTEM BACKBONE" means that portion of the radio communications system that provides the means by which dispatch centers, fire and police stations, public 26 works units, mobile radios, portable radios, pagers, mobile data terminals and other 27 28 1423w 3 v 8-1-88 i 0 0 COMMUNICATIONS AGREEMENT Page 4 1 communications equipment communicate with each other and is composed of mobile relay 2 equipment, microwave equipment, and associated control equipment (e.g., remote base stations, portable repeaters if collectively owned, the trunking control system on the 3 new fire communications system, microwave alarm systems, etc.). It includes those systems created to support a coordinated approach to communications such as the law, 4 paramedic, fire and public works systems. 5 (b) "SYSTEM BACKBONE EQUIPMENT" is COUNTY -owned or cooperatively purchased equipment in possession or control of the COUNTY General Services Agency that is 6 located on COUNTY -owned or leased sites or other officially designated sites and serves one or more users. 7 (c) "SYSTEM FIELD EQUIPMENT" means that portion of the system that uses the 8 SYSTEM BACKBONE for communications and consists of dispatch centers, fire and police stations, public works units, mobile radios, portable radios, pagers, mobile data 9 terminals, computer-aided dispatch equipment and any other equipment that cannot operate independent of the SYSTEM BACKBONE. SYSTEM FIELD EQUIPMENT is purchased by, 10 in possession of, and owned by the individual users. 11 16. Nothing in this Agreement shall authorize or be construed as requiring,COUNTY to install or maintain any equipment of any kind in vehicles, buildings, or premises 12 not owned by or under lease to the CITY and under full-time control of CITY. 13 17. It is agreed that all charges for services specified in Appendix 1 shall be borne by the CITY at the rates specified in Appendix 3 for the following services: 14 U Maintenance Services 15 o Installation Services o Training Services for New Technologies (To Be Negotiated) 16 o Parts 17 18. CITY agrees to pay COUNTY for the services specified in Clause 17 based upon detailed invoices submitted by the COUNTY. 18 19. Service charges set forth in Appendix 3 of this Agreement shall be reviewed 19 at least annually by the County. Thirty day notice shall be given to CITY if any rate adjustments are to be made. 20 20. The COUNTY shall not, except in an emergency, be required to perform any of 21 the services herein agreed to be performed by COUNTY on Saturdays, Sundays, legal holidays, or before 8:00 a.m. or after 4:30 p.m. Emergency call back services 22 performed during these periods on equipment specified in Appendix 1 will require 23 charges for a four (4) hour minimum call back period. 21. Invoices shall be rendered monthly by COUNTY to CITY and CITY agrees to pay 24 COUNTY within thirty (30) days after each billing. 25 22. This Agreement, effective November 1, 1988, supersedes all previous agreements and will be in effect until further notice. Either party may terminate 26 this Agreement, in whole or in part, at any time on ninety (90) days notice in writing 27 to other party of its election to terminate the same. JK:nd:cv 28 1423w-4 8-1-88 COMMUNICATIONS AGREEMENT Page 5 1 23. With cause, COUNTY reserves the right to terminate this Agreement 2 immediately, effective as soon as written notification of the termination isgiven to CITY by COUNTY. Cause may include non-payment of billings. 3 24. CITY and COUNTY agree that this Agreement does not include any rights of 4 access to the COUNTY facilities by CITY unless specifically approved by COUNTY. 5 25. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by 6 COUNTY under or in connection with work, authority, or jurisdiction delegated to COUNTY under this Agreement. 7 It is also understood and agreed that pursuant to Government Code Section 8 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason or 9 anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction delegated to CITY under this Agreement. 10 26. Neither COUNTY nor any officer or employee thereof shall be responsible for 11 any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with work, authority, or jurisdiction delegated to CITY 12 under this Agreement. 13 It is also understood and agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed 14 for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, 15 authority, or jurisdiction delegated to COUNTY under this Agreement. 16 17 18 19 20 21 22 23 24 25 26 27 JK•nd:cv 28 1423w-5 8-1-88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMMUNICATIONS AGREEMENT Page 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, upon the dates set forth opposite their respective signatures. Date: OCT 25 1988 ,1988 Date: September 6 , 1988 COUNTY OF ORANGE J CITY By lilt C y� Chairmanof the BoardofG Supervisors , SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: Adrian Kuyper, County Counsel Orange County, California By ` J JK•nd:cv 1423w-6 8-1-88 ATTEST: JUAN CAPISTRANO APPROVAL RECOMMENDED: By APPROVED AS TO FORM: 0 ��rLLlsii I�+�.�� 1 j APPROVAL RECOMMENDED: By APPROVED AS TO FORM: 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPENDIX 1 COUNTY OF ORANGE COMMUNICATIONS AGREEMENT EQUIPMENT SERVICES PROVIDED The COUNTY will generally provide installation, removal, maintenance and repair services on the following types of CITY -owned equipment:* Mobile radios Portable radios and chargers Base stations Remote control and dispatch consoles Microwave systems Mobile data equipment *The COUNTY does not have the resources to properly maintain every manufacture or model. JK:nd:cv 1424w-1 7-29-88 1 2 3 4 5 61 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 0 0 APPENDIX 2 COUNTY OF ORANGE COMMUNICATIONS AGREEMENT EQUIPMENT SERVICES NOT PROVIDED The COUNTY will not generally provide installation, removal, maintenance, or repair services on the following types of CITY -owned equipment:* Radar equipment Pagers and chargers Cellular telephones Automatic vehicle location (AVL) equipment Video/closed circuit TV equipment Computers AM/FM radios Scanners Citizen band radios Sound systems amplifiers Vehicle charging systems including batteries Light bars *The COUNTY currently does not have the resources necessary to support this equipment in a cost effective manner. JK:nd:cv 1424w-2 7-29-88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18j 19 20 21 22 23 24 25 26 27 28 0 • APPENDIX 3 COUNTY OF ORANGE COMMUNICATIONS AGREEMENT MAINTENANCE, INSTALLATION AND TRAINING RATES The following time and materials rates will be charged for services provided by the COUNTY: JK:nd:cv 1424w-3 7-29-88 o Maintenance Services $35.60/hr. 0 Installation Services $29.06/hr. U New Technology Training Services $30.18/hr. 0 Parts Cost November 18, 1988 R. A. SCOTT, Director General Services Agency REO"IDG. LOVE, Dawn Director General Services Agency County of Orange NOU zi i 41 pw 'sa ; _Y (,t ER GENERAL SERVICES AGENCY �r'AR7MENT 14 Civic Center Plaza, First Floor CrY OF SAN Santa Ana, California 92701-4047 rR�N,3 (714)834-5500 Mary Ann Hanover, CMC City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Enclosed is a fully executed copy of the new communications agreement between the County of Orange and your city. The Orange County Board of Supervisors authorized the execution of this agreement on October 25, 1988. This agreement became effective on November 1, 1988. Please call me at 834-5286 if you have any questions. Thank you. Sincerely, Susan Cosgriffe, Senior Staff Analyst GSA/Management Services SC:nd 1322M-1 11-17-88 JCA • U%' it AIOx10x.�fl IVNmxlo � 1961 1776 September 8, 1988 R. A. Scott General Services Agency 14 Civic Center Plaza, 1st Floor Santa Ana, California 92701-4047 Re: Communications Agreement Dear Mr. Scott: MEMBERS OF THE CITY COUNCIL ANTHONY L. SLANO LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSOORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN The City Council of the City of San Juan Capistrano at its regular meeting held September 6, 1988, approved the Communications Agreement between the County and the City of San Juan Capistrano, which will become effective November 1, 1988. Two copies of the .Agreement are enclosed. Upon approval of the Board of Supervisors, please return one fully -executed copy to this office. Thank you for your cooperation. If we can be of further assistance, please call. Very truly yours, Mary Ann nover, CMC City Clerk MAH/cj Enclosures cc: City Manager 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 .,A V. 0 0 with planning approvals already granted by the City. The Agreement will run for a period of 5 years, with the right to renew for five additional one-year periods, subject to full performance by the developer. The Agreement outlines the permitted uses of the property and recites the benefits received by the City, which include reserving one-third of the property for natural open space, preserving eucalyptus groves and dry woodland stands, integrating equestrian/hiking trail linkage along the project's perimeter, developing a new fire station on the property, creating a championship golf course, securing off-site road improvements on Rancho Viejo Road, and contributing to off-site bridge improvements to Trabuco Creek Bridge. The property is located east of the San Diego Freeway and north of Ortega Highway and consists of 327 acres. Surrounding uses include The Hunt Club development to the east and northeast; the Stoneridge development to the north; custom homes to the northwest and west; Endevco office development to the west; and, the Honeyman Ranch Estate to the southeast. the zoning on the site is PC (Planned Community, Comprehensive Development Plan 86-4). Applicant: Marbella Development Company, 33971 Selva Road, Suite 130, Laguna Niguel, 92677. Written Corrununications: Report dated September 6, 1988, from the Director of Community Planning and Development, forwarding the Development Agreement and an Ordinance of approval. Continuation of Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing and, there being no response, it was moved by Councilman Friess, seconded by Councilman Bland and unanimously carried to continue consideration of the Development Agreement to the meeting of September 20, 1988. Staff was directed to notify interested parties of the continuation. RECESS AND RECONVENE Council recessed at 7:45 p.nn., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:47 p.m. ADMINISTRATIVE ITEMS CITY MANAGER --7> 1. COMMUNICATIONS AGREEMENT (COUNTY OF ORANGE) (600.50)/ Written Communications: Report dated September 6, 1988, from the Senior Management .Assistant, advising that the County recently completed a study of the operation and financing of the General Services Agency/Communications Division and had approved establishment of user fees for services provided by the Division. The current agreement with the County will terminate on October 31, 1988; the new agreement will become effective November 1, 1988. It defines the services available through the Communications Division and the rates that will be charged; it does not require the City to use County services. The report advised that funds had been budgeted for maintenance and installation of the City's communications systern. -7- 9/6/88 The City Manager advised that the agreement will result in a lower cost since the City will only be charged for services actually rendered. Approval of Agreement: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to approve the Communications Agreement between the County of Orange and the City of San Juan Capistrano. The Mayor and City Clerk were authorized to execute the Agreement on behalf of the City. The Agreement will be in force until terminated by either party. 2. APPROVAL OF PERSONNEL RULES AND REGULATIONS (700.40) Written Communications: Report dated September 6, 1988, from the City Manager, advising that the Personnel Rules and Regulations had been reviewed and revised to comply with changes in personnel laws which have occurred since the Regulations were first adopted in 1982. The new Rules and Regulations reflect current trends in municipal management practices and include expanded policies regarding maternity leave, employment practices, employee benefit programs, employee safety, and a new policy on sexual harassment. Adoption of Personnel Rules and Regulations/Repeal of 1982 Personnel Rules and Regulations: It was moved by Councilman Buchheim, seconded by Councilman Bland that the following Resolution be adopted: NO. 88 -9 -6 - THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REPEALING RESOLUTION NO. 82-9-6-3, .AND ALL AMENDMENTS THERETO, AND .ADOPTING IN PLACE THEREOF NEW PERSONNEL RULES AND REGULATIONS The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: None .ABSENT: Councilman Schwartze DIRECTOR OF ADMINISTRATIVE SERVICES REOUEST FOR PAYMENT - RANCHO DEL AV Written Corn munications: Report dated September 6, 1988, from the Director of Administrative Services, advising that the City and the Rancho Del Avion Mobile Home Park had received a commitment of funding for individual acquisition costs totaling $227,500 from the State Department of Housing and Community Development. Representatives from the State met with each individual applicant to finalize paperwork and the request -8- 9/6/88 AGENDA ITEM TO: Stephen B. Julian, City Manager September 6, 1988 FROM: Jeffrey C. Parker, Senior Management Assistant SUBJECT: Communications Agreement Between the County of Orange and the City of San Juan Capistrano SITUATION: The General Services Agency of the County of Orange recently completed a study of both the operation and financing of the GSA Communications Division. This report was then reviewed and commented on by the City Manager's Association League of California Cities. The study determined that operational improvements and the establishment of user fees were necessary to assure continued quality service. Based on that study, the Orange County Board of Supervisors approved the establishment of user fees for the maintenance and installation and repair of both City and County owned communications equipment on April 27, 1988. The attached agreement is the document that will replace the current agreement which will be terminated on October 31, 1988. The new agreement and rates will be effective November 1, 1988. It is important to note that this agreement does not require the City of San Juan Capistrano to use GSA/Communication Division maintenance, installation, or repair services. It only defines what services will be available through the division and what rates will be charged for these services. The information submitted to the City of San Juan Capistrano indicated that the services provided to the City would not increase in cost. The City in its regular budgetary process has allocated funds for maintenance of our communication system. COMMISSION/BOARD REVIEW & RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: Appropriate funds have been allocated for communications maintenance and installation. NOTIFICATION: Not applicable. 0 0 AGENDA ITEM - Communications Agreement -2- September 6, 1988 ALTERNATE ACTIONS: 1. Approve Communications Agreement between the County of Orange and the City of San Juan Capistrano. 2. Take no action on the proposed agreement. 3. Request further information. RECOMMENDATION: Approve Communications Agreement between the County of Orange and the City of San Juan Capistrano. Respectfully submitted, I f7 e /� Jeffrey C. Parker JCP:jmf Attachment 9 0 SUMMARY OF COMMUNICATIONS AGREEMENT Under the attached Communications Agreement, the cities agree to: 1. Use and maintain all equipment that interfaces with the system backbone in accordance with FCC and California Public Utilities Commission standards. 2. Not apply to the FCC for individual authority or license to operate a base station or mobile transmitter operating on the system backbone. 3. Maintain a current inventory of all communications equipment with updates provided every six months on a County -provided form. 4. Pay the County on a time and materials charge basis for the maintenance, repair and/or installation/removal of user -owned equipment identified in Appendix 1 and any pass through costs for subcontract work. The same holds for Appendix 2 services if they become available. 5. Pay the County according to rates identified in Appendix 3 and based on detailed invoices, with payment due within 30 days of billing. 6. Provide 90 day notice to the County of agreement termination. Under the attached Communications Agreement, the County agrees to: 1. Provide communications systems and equipment maintenance, repair, training, coordination and engineering services. 2. Control, manage, coordinate and operate the County Coordinated Communications Systems for Fire Services, Law Enforcement, Public Works, Administration and Special Emergency Services. 3. Assist users to apply to the FCC for individual authority or license to operate a base station or mobile transmitter not associated with system backbone. 4. Operate as an independent contractor with responsibility for the acts of its employees as they relate to services provided during scope of employment. 5. Maintain, repair, and or install/remove equipment as identified in Appendix 1 and charge users on a time and materials basis according to rates provided in Appendix 3. Vendor pass through costs will also be charged. 5. Warrant County installation, labor and materials for 30 days after completion of each service without additional charge. (See restrictions under #'s 7, 8 and 9 of the Communications Agreement.) SC:ch:cv 1422w-1 7-29-88 U 7. Provide system backbone maintenance; ongoing engineering support for current systems and development of new/replacement systems; engineering support to consultants; and Coordinated Communications Center (Operations Unit) staff and ongoing training support at no cost. Charges may be assessed for new technology training at rates identified in Appendix 3. 8. Provide fixed service location and field technicians as needed between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except on County -recognized holidays), unless emergency services are required on call-back basis, for which there will be a minimum four hour call-back charge. 9. Provide thirty -day notice if any rate adjustments are to be made.and 90 -day notice if agreement is to be terminated. With cause, the County can terminate this agreement immediately, effective upon written notification of termination to the city. Cause may include non-payment of billings. 10. Render detailed invoices on a monthly basis. -2- SC:ch:cv 1422w-2 7-29-88