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HomeMy WebLinkAbout19 P.D. COMM. SYS. 02-05-96AGENDA__ NO. 19 ..... 2 -5 - 9 6 3ATE' February 5, 1996 Inter-Corn TO: FROM: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL MEMBERS WILLIAM A. HUSTON, CITY MANAGER 800 MEGAHERTZ (MHz) POLICE COMMUNICATIONS SYSTEM Recommendation: That the City Council approve the Joint Agreement for implementation and operation of the 800 MHz system and an addendum with conditions of acceptance. Fiscal Impact: The City's cost for police radios will be $646,075. The City's share of the system's infrastructure (repeater equipment, microwave towers, etc.) will be $710,726. The total combined cost' is $1,356,801.. Starting several years ago, the City began depositing monies into an 800. MHz trust account administered by the 'County. The intent was to accumulate funds with other cities over time in a restricted interest-earning account. It is anticipated the City will net approximately $600,000 from the County-administered 800 MHz trust account after the Bankruptcy Court approves the County's~ Plan of Adjustment. Court aPproval is expected within the next couple of months. The City would receive its 800 MHz funds within thirty days after Court approval of the County Plan of Adjustment. The City's cost for the 800 MHz system (police system only) will be spread over five fiscal years. Over the next few months, staff will analyze whether it will be coSt-effective to budget the $756,801 shortfall (City's total cost less net funds in the 800 MHz trust account) or finance the'entire cost over a ten-year period. Several cities are undertaking an analysis of the benefits of jointly funding their costs through a ten-year debt financing. The analysis will be' presented to the City Council at a later date. Discussion: Because the City Council has previously discussed the merits of the 800 MHz system, this report does not include technical information about the system. That information is available for review in the City Manager's office. It should be noted, however, that several cities have indicated they might not participate in the new system. They would remain in the existing 460 MHz system and bear the full cost of its operation and maintenance. A dual 800/460 MHz configuration will not negatively affect cities that convert to 800 MHz. For example, there were concerns that cities on different frequencies would not be able to communicate with each other during mutual aid or pursuit situations. The system can be modified to insure agency-to-agency communications even with different frequencies. The cities objecting to the proposed Joint Agreement are concerned about the cost sharing formula, how future backbone' system operating costs are shared by all agencies, and the composition of the 800 MHz Oversight Committee. Tustin, as the majority of other participating agencies, is not entirely satisfied with all terms of the Joint Agreement. Given the condition of the City's 460 MHz equipment, the real risk of the 800 MHz frequency being revoked by the Federal Communications Commission, staff does not believe it would be prudent to delay any longer. Attached to the Joint Agreement is an Addendum to 800 MHz Joint Agreement Conditions of Acceptance. The addendum was prepared by the City Attorney based on a consensus among cities that their . approval of the Joint Agreement be subject to certain conditions. This approach will result in most cities approving the Joint Agreement with the expectation that the County and cities will have to amend the Agreement at a later' date to reconcile any differences. This will allow the system imPlementation'to proceed in a timely manner and avoid the risks associated with further delays. At a later date~ the County and cities will begin discussions of the public works component of the 800'MHz system. It has always been intended that all police, fire and public works departments.in Orange County operate on the 800 MHz system. The new system has adequate capacity and would solve the significant radio communications problems currently experienced by public works departments throughout the County. Because of severe funding limitations, the public works system has been delayed. Tustin's share of the 800 MHz public works system will be addressed beginning in fiscal year 1996-97. JOINT AGREEMENT FOR THE IMPLEMENTATION AND OPERATION OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM DECEMBER 15, 1995 TABLE OF CONTENTS 1. SYSTEM .................................................................................................................................. 1 2. DEFINITION OF TERMS .................................................................................................... 1 3. OPERATIONAL POLICIES - LAW ENFORCEMENT SUBSYSTEMS ....................... 3 ... 4. OPERATIONAL POLICIES - PUBLIC WORKS SUBSYSTEMS .................................. 3 5. OPERATIONAL POLICIES - FIRE SUBSYSTEMS ........................................................4 6. OPERATIONAL POLICY ..................................................................................................... 5 7. OPERATIONAL POLICY REVIEW ................................................................................. 6 8. MUTUAL AID ........................................................................................................................ 6 9. RELINQUISHING EXISTING OPERATING CHANNELS ............................................. 8 10. SYSTEM TECHNICAL MANAGEMENT ......................................................................... 8 11. SYSTEM MODIFICATION COST APPROVALS ...........................................................10 12. CONTRACTS .................. ~ ..................................................................................................... 10 13. FUNDING ............................................................................................................................. 11 14. EQUIPMENT FACILITIES AND STRUCTURES ........................................................... 12 15. SYSTEM MODIFICATIONS AND COST SHARING .................................................... 13 16. ADDITIONAL PARTICIPATING AGENCIES/USERS OR CONSOLIDATION OF PARTICIPATING AGENCIES ................................................................................... 13 17. LIABILITY ............................................................................................................................ 15 18. GOVERNANCE COMMITTEE ......................................................................................... 16 19. AGREEMENT AMENDMENT PROCESS ....................................................................... 16 20. AGREEMENT DATE ........................................................................................................... 17 Page i JOINT AGREEMENT FOR THE IMPLEMENTATION AND OPERATION OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM .. This Agreement is entered into on ,1996 by and between the Parties listed on Exhibit "A" which is attached hereto and incorporated herein. WITNESSETH: Whereas, the installation, maintenance and operation of a Countywide Coordinated Law Enforcement/Public Works/Fire Radio Communications System, to be known as the 800 MHz Countywide Coordinated Communications System (CCCS), is desirable, Now, Therefore, in consideration of the mutual covenants, conditions, stipulations hereinafter expressed, the'Parties hereby agree as follows: agreements and 1. SYSTEM e The 800 MHz CCCS, hereinafter referred to as System, shall be implemented in the County of Orange. Said System is described in Contract No. S0000015.95 for an 800 MHz CCCS, dated September 19, 1995. The Parties hereby designate County of Orange GSA/Communications Division as the "Lead Agency" in acquiring and implementing System. DEFINITION OF TERMS "Contract City" is defined as a city receiving law enforcement, public works or fire services from the County or any Participating Agency under the terms of a contract.. "Fire Agency" is defined as, and shall include, all governmental Fire Agencies operating primarily within the limits of Orange County. "Governing Authority" is a City Council, County Board of Supervisors or Orange County Fire Authority Board of the Participating Agencies, responsible for approving cost modifications. Exhibit "A" provides a list of City, County, and Orange County Fire Authority administrators representing these bodies. CONTKACT/JTAGREE.DOC JM:skb 12/15/95 11:31 AM Page I "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 Marshal's Department, Orange County District Attorney's Office, and Orange County Probation Department. For purposes of classification, GSA/Communications, HCA/Animal Control, and John Wayne Airport are identified as Law Enforcement Participating Agencies under the cost allocation. "Mutual Aid Provider" is defined as any governmental or private organiZation, not otherwise defined in this Agreement, that has a legitimate Mutual Aid operational requirement with another Participating Agency or User of System. "Net" is defined as a group of Participating Agencies who operate a joint dispatch center, or a combination of radio dispatch talkgroups used by a fixed group of Participating Agencies. "New City" is defined as a city incorporated after the effective date of this Agreement. "Non-City/Non-County User" is defined as a special district, water district, sanitation district, or similar governmental or quasi-governmental age.ney. These are not Participating Agencies. "Participating Agencies" are those agencies listed in Exhibit "B" that will be operating on the 800 MHz System. "Parties" are defined as the County of Orange, incorporated cities in the County of Orange, and Orange County Fire Authority, which are listed in Exhibit'"A." "Public Works Agency',' is defined as, and shall include, all County or City departments, other than those defined as a Law Enforcement or Fire Agency. "Subsystem" is defined as one of three operational subsystems that use common equipment, each in a similar way, but use different operational procedures; these are referred to as the Law Subsystem, the Fire Subsystem~ and the Public Works Subsystem. The Governance Committee must assure operational integration of all three systems. "System Backbone" is defined as those portions of the System Backbone that provide the means by which dispatch centers and mobile radios communicate with each other, and is composed of mobile relay equipment, microwave equipment, and associated control equipment. "System Field EquiPment" is defined as that portion of the System that uses the System Backbone for communications and consists of dispatch center equipment, mobile radios, and portable radios. CONTRACT/JTAGREE.DOC JM:skb 12/15/95 11:31 AM Page2 "User" is any System user that is not currently listed as a Participating Agency on Exhibit "B." e OPERATIONAL POLICIES - LAW ENFORCEMENT SUBSYSTEMS The Orange County Chiefs of Police and Sheriffs Association, hereinafter referred to as "OCCOPSA," is an established organization composed of representatives from the Sheriffs Department, City Police Departments, Marshal's Department, District Attorney's Office, and Probation Department, participating in the Orange County Law Enforcement Subsystem. The OCCOPSA Communications Committee has been delegated by OCCOPSA the responsibility for operational policy development of the Law Net (Law Enforcement SubsYstem). This is a long-standing role and it is the desire of all the Participating Agencies that it continue. Thus the Participating Agencies agree that operational policy for the Law Net (Law Enforcement Subsystem) shall be developed by the Communications Committee and ratified where appropriate by OCCOPSA. The Committee shall act on behalf of all of the Law Net (Law Enforcement System) Participating Agencies in the development and recommendation of future modifications for the Law Net (Law Enforcement Subsystem) as well as the above described role in development of operational policy. The designation of OCCOPSA, as the organization representing Law Enforcement Participating Agencies, can be changed by these Participating Agencies only once in each five (5) year period. When the majority respond affirmatively to such a recommended change, the County shall request nominations for a replacement- group and shall arrange for a vote of the Law Enforcement Subsystems Participating Agencies to determine the organization, group, or committee.~.that shall advise on operational policy. The new organization will assume office not earlier than thirty (30) days after the balloting. e OPERATIONAL POLICIES - PUBLIC WORKS SUBSYSTEMS Public Works Agencies shall appoint a permanent Public Works Policy Committee, hereinafter referred to as "PW-PC," consisting of one representative from each of the Public Works Participating Agencies as listed in Exhibit "B," to develop operational policies for the Public Works portion of the System. CONTRACT/JTAGKEE.DOC JM:skb 12/15/95 11:31 AM Page 3 So The PWPC will be charged with developing operational policy for the Public Works Subsystem. Any Public Works Agency entering into this Agreement at a later date shall appoint a representative to the PWPC. The PWPC shall act for agencies to consult with County to determine and recommend to agencies furore modifications of the Public Works Subsystems and develop operational policies for Public Works Subsystem, in accordance with the terms and conditions of this Agreement. The designation of the PWPC can be changed by these Participating'Agencies only once in each five (5)year period. When the majority respond affirmatively to such a recommended change, the County shall request nominations for a replacement group and shall arrange for a vote of the Public Works Participating Agencies to determine the organization, group, or committee that shall advise on operational policy. The new organization will assume office not earlier than thirty (30) days after the balloting. OPERATIONAL POLICIES- FIRE SUBSYSTEMS The Orange County Fire Chiefs' Association, hereinafter referred to as "OCFCA," is an established organ/zation compoSed of representatives from the City Fire Departments and the Orange County Fire Authority. The OCFCA Communications Committee, in cooperation with County, has heretofore recommended operational policy for the present fire communications system, consulted with County on present fire communications system upgrades, and made recommendations for the use of the present fire communications system by other users Who provide operational support to fire departments. It is appropriate to direct the OCFCA Communications Committee to continue its established role in the operation of the new System. Therefore, .OCFCA, based on recommendations provided by the Communications Committee, shall consult with County to determine and recommend to Fire Agencies future modifications of Fire. Subsystems and develop operational policies for Fire Subsystems, in h~cordance with the terms and conditions of this Agreement. The designation of OCFCA, as the organization representing Fire Agencies, can be changed by these Fire Agencies only once in each five (5) year period. When the majority respond affirmatively to such a recommended change, the County shall request nominations for a replacement group and shall arrange for a vote of the Fire Agencies to determine the organization, group, or committee that shall advise on operational policy. The new organization will assume office not earlier than thirty (30) days after the balloting. CONTRACT/JTAGREE.DOC JM:skb 12/15/95 11:31 AM Page 4 6. OPERATIONAL POLICY 6.1 6.2 6.3 6.4 Law Enforcement Subsystems The development of Law Net (Law Enforcement Subsystems) operational policy has been delegated by OCCOPSA to its Communications Committee. That Committee reports to OCCOPSA. Policies developed by OCCOPSA fox the operations of the Law Net shall ensure that each participant in the System is treated equitably and that each Participating Agency has sufficient communications capability to meet their legitimate needs. Any dispute between Participating Agencies over operational .policies shall be reviewed by the CommuniCations Committee and if not resolved, then reviewed by OCCOPSA. Any unresolved dispute may be appealed to the Governance Committee for decision. Public Works Subsystems Public Works Subsystems operational policy shall be established by the PWPC. Said' policies shall ensure that each participant' has 'sufficient communications authorized to meet its legitimate needs. Any dispute between Participating Agencies over operational policies established .by the PWPC shall be resolved by the PWPC. When the dispute cannot be resolved by the PWPC, the parties may present their dispute to the Governance Committee for decision. Fire Subsystems Fire Subsystems operational policy shall be established by the OCFCA based on recommendations provided by the OCFCA Communications Committee. Said policies shall ensure that each participant in the System is treated equitably and that each Participating Agency has sufficient communications authorized to meet their legitimate needs. Any dispute between Participating Agencies over operational policies established by the OCFCA shall be reviewed by the OCFCA Communications Committee with recommendation to OCFCA. When the dispute cannot be resolved by the OCFCA, the parties may present their dispute to the Governance Committee for decision. 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. CONTRACT/JTAGREE.DOC JM:skb 12/15/95 11:31 AM Page 5 7. OPERATIONAL POLICY REVIEW 7.1 7.2 7.3 ge 8.1 Law Enforcement Subsystems To ensure that operational policy developed by the Communications Committee of the OCCOPSA is compatible with all of the other systems, such policy shall be subject to review by the Participating Agencies' representatives in the Plablic Works Subsystem and the Fire Subsystems. A thirty (30) day review period prior to policy implementation shall ensure appropriate time for review. Exceptions can be made when the Committee declares the operational policy is of an emergency nature and immediate implementation is necessary for safety purposes, but all such emergency decisions shall be reviewed by the Participating Agencies as described above and within the thirty (30) day period noted. Public Works Subsystems Any proposed action by PWPC, pursuant to the section titled "Operational Policies: Public Works Subsystems" above, shall be subject to a thirty (30) day review by the Participating Agencies' representatives in 'the Law Enforcement and Fire Subsystems. Should any Participating Agency object to said action by the PWPC, said action shall require the approval of all members of the PWPC prior to implementation. Fire Subsystems Any proposed action by OCFCA,' pursuant to the section titled "Operational Policies: Fire Subsystems" above, shall be subject to a thirty (30) day review by Participating Agencies' representatives in the Law Enforcement and Public Works Subsystems. Should any Participating Agency object to said action by OCFCA, said action shall require the approval of the members of the OCFCA prior to implementation. Exceptions can be made when OCFCA declares the operational policy is of an emergency nature and immediate implementation is necessary for safety purposes, but all such emergency decisions shall be reviewed by the Participating Agencies as described above and within the thirty (30) day period noted. MUTUAL AID Mutual Aid Policies and Procedures Mutual Aid communications is an important capability of the System. Utilizing this capability in an efficient manner is essential. Mutual Aid operational policies and procedures must be coordinated between PartiCipating Agencies within Orange County and PartiCipating Agencies outside of Orange County. All Participating Agencies shall comply with the operational policies of the following Mutual Aid Plans. CONTRACT/JTAGREE.DOC JM:skb 12/15/95 11:31 AM Page 6 8.2 Mutual Aid Plans 8.3 The following Mutual Aid plans shall establish Mutual Aid operational procedures for all Participating Agencies. Orange County Mutual Aid Implementation Plan for the Use of the 800 MHz National and State Mutual Aid Channels This plan is required by the Southern California 800 MHz .Regional communications Plan and, together with any plan modifications, must be approved by the State of California Office of Emergency Services, Telecommunications Advisory Committee. Any proposed modifications to the plan must be reviewed and approved by the Governance Committee prior to submission to the State. Orange County Mutual Aid Plan for the Use of the 800 MHz Local Mutual Aid Channels The plan will be prepared by the Orange County GSA/Communications Division and Sheriff's Emergency Management with the approval of the Participating Agencies, based upon approval by the OCCOPSA, PWPC and OCFCA. Mutual Aid Priorities Participating Agencies who from time-to-time have need to communicate with Law Enforcement or Fire Agencies during emergencies or in their daily support of Law Enforcement or Fire Agencies will be allowed to access the Law Enforcement or Fire Subsystems as approved by those respective agencies. Such use may include the day-to-day operations of said non-Law Enforcement and non- Fire Participating Agencies on a non-interfering, prioritized basis. This use shall in many cases be predefined and talkgroups established subject to approval of the OCCOPSA and the OCFCA as it affects their respective communications. Such non-Law Enforcement and non-Fire Agencies are defined to include; but not be limited to: County and City support functions such as Flood, Equipment Maintenance, Public Works, and similar agencies. CONTRACT/JTAGREE.DOC JM:$kb 12/15/95 11:31 AM Page 7 9. RELINQUISHING EXISTING OPERATING CHANNELS 10. Existing Participating Agencies operate existing systems on a variety of radio channels licensed by the FCC. Both the FCC and the Southern California Regional Plan, approved by the FCC on November 21, 1989 for the implementation of new systems using the 800 MHz spectnnu, require that Participating Agencies that transfer operation to the new 800 MHz channels' must give back licenses on existing system frequencies. These "give-up" channels will then be redistributed to meet the needs of other agencies in Southern California which have not been met with the limited 800 MHz channels available. Participating Agencies entering into this Agreement agree to "give up" channels licensed on existing systems that are replaced by the new System. FCC licenses on these "give-up" channels shall be returned to the FCC for cancellation not more than thirty (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 Participating Agencies who, as a result of transferring law enforcement operations to the System, subsequently moVe other public works operations to their current 460 MHz channels. In this case, Participating Agencies agree to relinquish the previously used 460 MHz channels to public works operations within thirty (30) days of completion of the transfer to the 800 MHz System and such a transfer to public works must occur within one hundred eighty (180) days of transfer of law enforcement operations to the System (FCC requirement), at which time the previously used public works FCC licenses on these "give-up" channels must be returned to the FCC for cancellation not more than thirty (30) days after transfer of public works operations to the 460 MHz channels. Any city that does not have a 460 MHz law enforcement "give-up" GREEN channel to use for public works may be able to use another city's "give-up" 460 MHz GREEN channel in a cellular re-use pattern as is done currently with the law enforcement GREEN channels. SYSTEM TECHNICAL MANAGEMENT Proper operation of a modem, tmnked, multi-channel communications System requires centralized technical coordination. The interactive nature of these systems requires that standards be established and adhered to rigorously. Laxity or non-standard use of the System by Participating Agencies can adversely affect the ability of all Participating Agencies to fully utilize the System capabilities. CONTRACT/JTAGREE.DOC JM:skb 12/15/95 11:31 AM Page 8 10.1 Technical Liaison Committee 10.2 10.3 10.4 The 800 MHz Technical Liaison Committee shall be utilized to develop the technical operation policies and procedures of the System. This committee is composed of members approved by the Law, Fire and Public Works Committees identified in sections 3, 4 and 5 and can be modified with their approval. Technical Standards Technical standards are an essential part of the operation of a multi-user system. To ensure the long-range effective operation of System, technical standards shall be developed. Said standards shall be approved by the Technical Liaison Committee and all Participating Agencies will be required to adhere to them. Failure to adhere to the technical standards may result in mobile or portable field equipment being restricted from access to the associated Backbone System. Approved Equipment The initial System implementation will consist of equipment supplied by the original system equipment vendor and will meet the technical requirements of the System. The Technical Liaison Committee shall compile a list of this approved equipment and make it available to all Participating Agencies. In the future, as newer equipment from the original vendor or another vendor becomes available, the Technical Liaison Committee shall evaluate it for compatibility with the System. Any equipment that meets the technical criteria for operation on the System shall be added to the approved list. Technical Standards and Equipment Evaluation The County of Orange GSA/Communications Division maintains engineering and technical staff whose task is to maintain, manage and operate existing multi-user Backbone Systems. Technical management of the System shall continue to be the responsibility of the Orange County GSA/Communications Division. County technical staff shall evaluate new radio equipment for adherence to technical standards prior to inclusion on the approved equipment list. Radio equipment evaluation results shall be provided to the Technical Liaison Committee for approval and to the vendor requesting equipment evaluation. Any disputes regarding the.technical evaluation of equipment will be referred to the OCCOPSA Communications Committee, PWPC and OCFCA, with final approval by the Governance Committee. CONTKACT/JTAGREE.DOC JM:skb 12/15/95 11:31 AM Page 9 11. SYSTEM MODIFICATION COST APPROVALS 12. 12.1 Any Law Enforcement Subsystem modification or other action' proposed by OCCOPSA which requires Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Participating Agency, following approval by the Governance Committee. Any Public Works Subsystem modification or other action proposed by the PWPC which requires Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Participating Agency, following approval by the Governance Committee. Any Fire Subsystem modification or other action proposed by the OCFCA which requires Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Participating Agency, following approval by the Governance Committee. 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. County Responsibilities County shall negotiate and enter into agreements or contracts with'the various vendors as contemplated in this Agreement. County shall make payments due and payable under such agreements on behalf of Participating Agencies. County shall negotiate and enter into agreements with new Users which may hereafter receive approval to access the System pursuant to this Agreement, provided that: Any additional terms, conditions, and costs for entry shall be included in an addendum to this Agreement. Said addendum shall address any direct or indirect compensation to Participating Agencies or Users for System Backbone usage by new Participating Agency(s) or User(s). County shall obtain the approval of the Governance Committee to determine the appropriate additional terms, conditions, and costs to be included in said addendum. CONTRACT/JTAGREE.DOC JM:skb 12/15/95 11:31 AM Page I0 13. 13.1 Any such new Participating Agency(s) or User(s) hereafter who shall desire to become a party to this Agreement may do so by executing a copy of this Agreement and assenting and agreeing to all of the terms, conditions and buy-in and operational costs thereof. Compensation may take the form of improvement or modification of System or other contribution for the benefit of all Participating Agencies/Users. FUNDING System Acquisition During the acquisition period, the County will adopt an acquisition budget for the acquisition of the System. The acquisition budget shall include the following: (a) the System acquisition costs and (b) the allocation of costs among the Participating Agencies in amounts necessary to cover the acquisition budget items. 13.2 Attached hereto as Exhibit "A" is a list of all cities participating in the System, as well as each city's responsible administrator. Exhibit "A" also includes the County and the Orange County Fire Authority and responsible administrators. Set forth in Exhibit "C" is each entity's estimated cost allocation for the initial Law Enforcement System implementation including field equipment purchases and installation. Exhibit "C" will be periodically updated to reflect any changed ' equipment orders or authorized System modification expenses. County shall provide to each responsible administrator, as indicated-on Exhibit "A," a quarterly financial report from the date of contract initiation for a period of two (2) years after which the County shall provide financial reports semi-annually for the remainder of this Agreement. Payment Exhibit "D" identifies each entity's estimated payments by .fiscal year for the law enforcement portion of the System. As part of the acquisition process of the System, the County shall, within sixty (60) days of the effective date of this Agreement, issue a final payment schedule. Total amounts will not exceed each entity's full contribution for the System, as identified in Exhibit "C," unless an entity adds equipment or modifications as authorized per sections 15 and 16. Changes are subject to final approval by the Governance Committee. CONTRACT/JTAGREE.DOC JM:skb 12/15/95 11:31 AM Page 1 ! 13.3 14. 14.1 14.2 Fiscal year payments to meet contractual obligations, as stipulated above, are due and payable thirty (30) days after the first day of each fiscal year. (An initial payment may be required prior to FY 1995/96 year-end to meet the contractual obligation for the detailed design review). The cities, as represented by their responsible administrators as set forth in Exhibit "A," the Orange County Fire Authority, should it want to purchase equipment, and the County are reSPonsible for depositing payments in an escrow account established for this purpose 'in an approved state or federally chartered bank in California. The cities, as represented by their responsible administrators, the Orange County Fire Authority as appropriate, and the County shall be responsible for paying all fees for the expenses incurred by the escrow agent in administering the escrow account. Upon establishment of the escrow account, responsible administrators fi.om the cities, Orange County Fire Authority, and County will sign an agreement that allows the escrow agent to release funds to the County as required by the County subject to the terms of this Agreement. Failure to Pay Should any participating agency fail to make its apprOPriate payments when due, the County shall take action as is appropriate to obtain such payment. Nothing in this Agreement shall be construed as the County's exclusive remedy for the remediation of defaults by Governing Authorities, and the County reserves the right to pursue any and all available rights and remedies at law or in equity. EQUIPMENT FACILITIES AND STRUCTURES Additional facilities, structures,, and modifications will be needed to' implement the System, including System Backbone facilities and System Field Equipment facilities (e.g., dispatch centers). 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. Field Equipment Facilities Individual Participating Agency shall, at its sole Participating Agency expense, expand or modify its existing Participating Agency structures, facilities, or dispatch centers as required to support the installation of Participating Agency System Field Equipment. CONTRACT/JTAGREE.DOC JM:skb 12/15/95 11:31 AM Page 12 15. SYSTEM MODIFICATIONS AND COST SHARING 16. System modifications may be needed from time-to-time to meet 'the changing needs of Participating Agencies. System modifications, expansions or enhancements will not be allowed without technical review by the County and approval by the Governance Committee. System modifications recommended by County and agreed to by the Governance Committee will then be forwarded to Governing Authorities for approval, as appropriate,, reflected in revised Schedules "C" and "D," and implemented by County. Cost sharing of future System Backbone modifications shall be determined based on the benefit to be derived by individual Participating Agencies. The' cost for any modification intended for the sole use and support of a single Participating Agency shall be borne by that Participating Agency. The cost for any modification intended to improve service for an identifiable group of Participating Agencies in a local area or Net shall be shared by those Participating Agencies in a manner agreeable to those Participating Agencies. The cost-sharing formula for furore System modifications involving all Participating Agencies will be developed by the Governance Committee and agreed to by the Governing Authorities. Exhibits "C" and "D" will be updated accordingly. Beginning January 1, 2000, and continuing each year thereafter, the County, the Cities, and the Orange County Fire Authority, as appropriate, will share in the cost of 800 MHz Backbone System expenses, which include administrative, engineering, maintenance, and communications coordination expenses in support of the 800 MHz Backbone System. The Governance Committee shall review all budgeted expenses annually and recommend to the Board of SUpervisors an allocation of these expenses based on a proportionate share of use. This recommendation will be submitted for approval to the Governing Authorities six (6) months in advance of each fiscal year. Billing will generally be issued quarterly in advance for payment within thirty (30) days. ADDITIONAL PARTICIPATING AGENCIES/USERS OR CONSOLIDATION OF PARTICIPATING AGENCIES Law Enforcement/Public Works/Fire Agencies may be added to the System with approval by that Agency's Governing .Authority, support by appropriate operational committees, and approval of Governance Committee. The System is designed to support multiple Participating Agencies. New Participating Agencies may only be added to the System within channel loading limits without degrading the level of service. CONTRACT/JTAGREE.DOC JM:skb 12/15/95 11:31 AM Page 13 16.1 16.2 16.3 The System must adhere to FCC minimum loading standards. In order to meet the minimum loading standards established by the FCC and to ensure efficient utilization of the System spectrum resource, County will continually monitor the level 'of use of the System. The County shall be responsible for coordinating access to the System, training new users in operational procedures, and assuring compliance with technical standards. The new Agency may be responsible for the cost of these services. Adding Participating Agencies: New Incorporated or Contract Cities Cities presently contracting for law enforcement, fire or public works services from the County or other Participating Agencies may in the future desire to form their own departments. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to an independent city system similar to other cities. Any System Field Equipment or other costs associated with. the transition of a New City or Contract City to the System shall be the responsibility of the city unless addressed in a separate agreement with County. Consolidation of Law Enforcement Agencies, Public Works Agencies or Fire Agencies Cities presently contracting for law enforcement, fire or public works services from the County or other Participating Agencies may in the future desire to consolidate with other departments to form regionalized systems. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to a consolidated system. Any System Field Equipment or other costs associated with the transition of a Contract City or Independent City to form with others in a consolidated unit shall be the responsibility of the consolidated entity, unless addressed in a separate agreement with the County. ,Adding Non-City/Non-County Users Newly formed Non-City/Non-County Users or Non-City/Non-County Users that do not participate in the System in its initial implementation may desire to use the System. County shall work with any such User to develop an appropriate system design and implementation plan to transition to the System after approval is recommended by OCCOPSA, PWPC and OCFCA, as appropriate, and approved by Governance Committee. CONTRACT/JTAGREE.DOC JM:skb 12/15/95 11:31 AM Page 14 16.4 17. A New Non-City/Non-County User A user that does not participate in the original purchase and cost sharing of the System Backbone shall cOntribute a share of the System cost as determined by the Governance Committee. The County shall place any funds received as a result of the addition of a New Non-City/Non-County User in an escrow account. Funds from this escrow account may be used for Backbone System enhancements for the benefit of all Participating Agencies and Users. Enhancements shall be recommended by the Technical Liaison Committee and OCCOPSA, PwPC and OCFCA, as appropriate, with final approval by the Governance Committee. Approved enhancements involving cost sharing shall be submitted to the Governing Authorities for approval as appropriate. Any Backbone System modification costs required to transition a New Non- City/Non-County User to System shall be the responsibility of the new Non' City/Non-County User. Any System Field Equipment costs associated with the transition of a New Non- City/Non-County User to System shall be the responsibility of the new Non- City/Non-County User. Adding Mutual Aid Providers Certain governmental and non-governmental Mutual Aid Providers may be granted access to the subsystems, for the expressed purpose of providing Mutual Aid to a Participating Agency. Access may only be granted by the bodies described in Sections 3, 4, 5 and 6.1, 6.2, and 6.3 of this Agreement. Any Backbone System modification costs associated with adding a Mutual Aid Provider to the System shall be the responsibility of the Mutual Aid Providers and/or the sponsoring Participating Agency(s). Any System Field Equipment costs associated with adding a Mutual Aid Provider to the System shall be the responsibility of the Mutual Aid Provider and/or the sponsoring Participating Agency(s). 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.' CONTRACT/JTAGREE.DOC JM:skb 12/15/95 11:31 AM Page 15 18. 19. To the fullest extent permitted by law, the County agrees to indemnify, hold harmless, protect and defend each Party listed in Exhibit "A," exclusive of County, together with all directors, officers, employees, and agents of Parties, from and against any and all liabilities, losses, damages, judgments, fines, demands, claims, costs and expenses, attorney's fees, disbursements and court costs, arising directly or indirectly out of the 800 MHz lawsuit entitled "Ericsson, Inc., v. County of Orange, et al (Motorola RPI)." GOVERNANCE COMMITTEE The 800 MHz Governance Committee will oversee implementation of the 800 MHz System in the areas of assuring City, County and Orange County Fire Authority compliance with payment schedules, addressing major operational issues affecting System operation and'backbone site development, reviewing conversion, implementation and modification plans, approving critical contract changes, deciding disputes between the subsystems or between Participating Agencies not resolved by the committees, defining governance mechanisms for future operations' and maintenance of the System, and performing any other responsibilities as identified or required to implement this Agreement. Committee members, as identified, will be responsible for coordinating with appropriate associations on issues involving Governing Body approvals: Four City Managers appointed by the Orange County City Managers' Association Chief Executive Officer, County of Orange, or Designee · Sheriff-Coroner · GSA Director Each must designate and name 'an altemate 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. CONTRACT/JTAGREE.DOC JM:skb 12/15195 11:31 AM Page 16 20. AGREEMENT DATE This Agreement shall take effect as above dated. This Agreement may be terminated by any Parties to the Agreement as listed on Exhibit "A" as to that Party by serving written notice of termination on the County and after meeting its financial obligations under this Agreement. After the expiration of sixty (60) days from the giving of such notice, the Party so electing to withdraw shall cease {o be a Party to this Agreement. Such termination shall not relieve said Party or other Party of any financial obligation assumed as part of this Agreemem. The Party terminating shall not be responsible for any financial obligations assumed by the other Parties hereto subsequent to said termination. Similarly, it is understood that County has ownership of the System Backbone and certain backbone sites, as well as FCC licenses presently owned by the County, and upon any termination by any Parties to the Agreement, any and all fight, 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 must be affected. CONTRACT/JTAGREE.DOC JM:skb 12/15/95 11:31 AM Page 17 EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT: PARTICIPATING MUNICIPALITIES, ORANGE COUNTY FIRE AUTHORITY, AND COUNTY OF ORANGE Anaheim City Manager 200 S. Anaheim Blvd. 714/254-5100 P. O. Box 3222 Anaheim, CA 92803 Brea City Manager 1 Civic Center Circle 714/990-7600 Brea, CA 92621-5758 Buena Park City Manager 6650 Beach Blvd. 714/562-3500 P. O. Box 5009 Buena Park, CA 90622-5009 Costa Mesa City Manager 77 Fak Drive 714/754-5223 P. O. Box 1200 Costa Mesa, CA 92628-1200 Cypress City Manager 5275 Orange Avenue 714/229-6700 P. O. Box 609 Cypress, CA 90630 Dana Point City Manager 33282 Golden Lantern 714/248-9890 Dana Point, CA 92629 Fountain Valley . City Manager 10200 Slater Avenue 714/965-4400 Fountain Valley, CA 92708 Fullerton City Manager 303 W. Commonwealth 714/738-6300 Fullertorg CA 92632 Garden Grove City Manager 11222 Acacia Parkway 714/741-5000 P. O. Box 3070 Garden Grove, CA 92642 Humington Beach City Administrator 2000 Main Street 714/536-5511 P. O. Box 190 Huntington Beach, CA' 92648 Irvine City Manager 1 Civic Center Plaza 714/724-6000 P. O. Box 19575 Irvine, CA 92713 Laguna Beach City Manager 505 Forest Avenue 714/497-3311 Lacuna Beach, CA 92651 Laguna Hills City Manager 25201 Paseo de Alicia, Suite 150 714/707-2600 La~una Hills, CA 92653 Laguna Niguel City Manager 27801 La Paz Road 714/362-4300 Laguna Niguel, CA 92656 La Habra City Manager 201 E. La Habra Blvd. 310/905-9700 P. O. Box 337 La Habra, CA 90633-0337 95/EXHIBITH.REV 12/7/95 Page of 3 EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT: PARTICIPATING MUNICIPALITIES, ORANGE COUNTY FIRE AUTHORITY, AND COUNTY OF ORANGE Lake Forest City Manager 23778 Mercury Road 7147/707-5583 Lake Forest, CA 92630 La Palma City Manager 7822 Walker Street 714/523-7700 La Palma, CA 90623 Los Alamitos City Manager 3191 Katella Avenue 714/827-8670 Los Alamitos, CA 90720 Mission Viejo City Manager 25909 Pala, Suite 150 714/470-3000 Mission Viejo, CA 92691 Newport Beach City Manager 3300 Newport Blvd. 714/644-3309 P. O. Box 1768 Newport Beach, CA 92658-8915 Orange City Manager 300 East Chapman 714/744-5500 P. O. Box 449 Oranl~e, CA 92666 Placentia City Administrator 401 East Chapman 714/993-8231 Placentia, CA 92670 San Clemente City Manager 100 Avenida Presidio 714/361-8200 San Clemente, CA 92672 San Juan Capistrano City Manager 32400 Pasco Adelanto 714/493-1171 San Juan CapistranO, CA 92675 Santa Ana City Manager 20 Civic Cemer Plaza 714/647-5400 P. O. Box 1988 M30 Santa Ana, CA 92702 Seal Beach City Manager 211 Eighth Street 714/828-8550 Seal Beach, CA 90740 Stanton City Manager 7800 Katella Avenue 714/379-9222 Stanton, CA 90680 Tustin City Manager 300 Centennial Way 714/573-3000 P. O. Box 3539 Tustin, CA 92681 Villa Park City Manager 17855 Santiago Blvd. 714/998-1500 Villa. Park, CA 92667-4187 Westminster City Manager 8200 Westminster 714/898-3311 Westminster, CA 92683 Yorba Linda City Manager 4845 Casa Loma Avenue 714/961-7100 P. O. Box 87014 Yorba Linda, CA 92686-8714 95/EXHIBITH.REV 12/7/95 Page 2 of 3 EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PART[ES TO AGREEMENT: PARTICIPATING MUNICIPALITIES, ORANGE COUNTY FIRE AUTHORITY, AND COUNTY OF ORANGE Orange County Fire Authori_.ty County of Orange Director of Fire Services Director General Services Agency 180 South Water Street CA 92666 14 Civic Center Plaza First Floor Santa Aaa, CA 92701-4047 714/289-7410 714/834-2114 95/E>U-IIBITH.REV 12/7/95 Page 3 of 3 EXHIBIT B $00 MHz CCCS PARTICIPATING AGENCIES Agenc~ Law Enforcement Fire Department Public Works Lifeguard Anaheim X X X Brea X X X Buena Park X OCFA X Costa Mesa X X X Cypress X OCFA X Dana Point SHERIFF OCFA Fountain Valley X X X Fullerton X X X Garden Grove X X X Huntington Beach X X X X Irvine X OCFA X La Habm X X X La Palina X OCFA X Laguna Beach X X X 'X Laguna Hills SHERIFF OCFA .Laguna Niguel · SHERIFF 0CFA Lake Forest SHERIFF 0CFA Los Alamitos X OCFA Mission Viejo SHERIFF OCFA Newport Beach X X X X Orange X X X Placentia X OCFA X San Clemente SHERIFF OCFA X X San Juan Capistrano, SHERIFF OCFA Santa Aha X X Seal Beach X 0CFA StantOn SHERIFF OCFA X Tustin X OCFA X Villa Park SHERIFF OCFA Wesmainster X OCFA X Yorba Linda BREA PD OCFA X Central Net Fire Dispatch X North Net Fire Dispatch X Orange County Fire Authority X Animal Control X District Attorney X EMA X GSA/Communications X GSA/Facilities Operations X GSA/Transportation X Orange County Marshal X Orange County Probation X Sheriff-Coroner X l John Wa)me Airport X 95/800MHz.247 SM:skb 10/26/95 ~~ili!~i!ii~iiii~!!i!!~iii~i$iiiii$1ilCOUN1-Y Of r'mANGE EXH I B I T C ~T SUMM~ LAW ENFORCE: EQUi , SYSTEM SHARED -.-,~IOTOROLA CAPITAL GRAND INFRASTRUCTURE SERVICES TOTAL PROJECTS TOTAL CITY/AGENCY $33,410,387 . $22.,724,028 $14,347,313 $70,481,728 $11,639,000 $82,120.728 9CHEDULE A · SCHEDULE C SCHEDULE' D s[~'l~ DEV. ANAHEIM 2,714,283 1,797,282 1,447,91 6 5,959,482 5,9~ 2- BREA 1,110,185 639,313 515,039 2,264,536 2,264,536 ~ BUENA PARK ~ 633,155 391,890 315,711 1,340,757 1,340,757 COSTA MESA 1,279,063 618,744 498,463 2,396,269 2,396,269 CYPRESS 599,763 259,960 209,422 1,069,145 1,069,145 DANA POINT 144,754 171,449 138,120 454,322 464,322 FO UNTAI N VALLEY 625,039 305,712 246,293 1,177,044 1,177,044 FULLERTON 975,858 653,756 526,682 2,156,296 2,156,296 GARDEN GROVE 1,192,122 820,557 661,051 2,673,729: 2,673,729 HUNTINGTON BEACH 2,341,642~ 1,253,773 1,054,222 4,659,638 4,659,638 : IRVINE 1,1 62,827 - 769,266 619,731 2,551,825 2,551,825 LAGUNA BEACH 511,545 '201,493 162,321 875,359 875,359 LAGUNA HILLS 131,1 98 120,479 97,059 348,735 348,735 LAGUNA NIGUEL 162,010 243,558 196,220 601,787 601,787 LAKE FOREST 175,465 240,655 193,880 610,001 610,001 LA HABRA 616,651 299,354 241,1 65 1,1 57,170 1,1 57,170 LA PALMA 337,879 102,794 82,811 523,485 523,485 LOS ALAMITO S 349,308 88,939 71,648 509,895 509,895 MISSION VIEJO 263,364 341,152 274,832 879,348 879,348 I NEWPORT BEACH 1,421,351. 629,607 507,228 2,558,186 2,558,186 ORANGE 1,277,791 ' 738,884595,257 2,611,932 2,611,932 PLACENTIA 427,384 241,439 194,506 863,328 863,328 SAN CLEMENTE 461,425. 242,151 195,075 898,651 898,651 SAN JUAN CAPISTRANO 109,685 135,652 109,289 354,626 354,626 SANTA ANA 2,458,253 1,691,264 1,362,512 5,.512,029 5,512,029 SEAL B EACH 429,238 166,480 1 34,125 729,843 729,843 STANTO N 230,761 177,539 143,025 551,326 551,326 TUSTIN 646,075 393,618 317,108 1,356,801 1,35' ' VILLA PARK 12,403 24,309 19,580 56,292: 5. WESTMINSTER 1,076,897 553,811 446,1 64 2,076,873 2,076,87;~ YORBA LINDA 475 0 0 475 475 CiTY SUBTOTAL 23,877,849 14,344,883 11,556,452 49,779,185 0 49,779,185 i SHERIFF 3,903,327 4,688,708 1,561,679 10,153,714 6,512,808 16,666,522 DISTRICT ATTORNEY 848,815 738,794 246,065 1,833,674 1,026,1 90 2,859,864 MARSHAL 1,075;484 742,197 247,210 ' 2,064,890 1,030,963 3,095,853 PROBATION 1,205,209 910,580 303,290 2,419,079 1,264,838 3,683,917 ANIMAL CONTROL 222,577 271,464 90,415 584,456 377,065 961,521 EMA 0 0 0 0 0 0 GSA/COMM UNICATIONS 1,735,083 700,973 233,476 2,669,532 973,687 3,643,218! JOHN WAYNE AIRPORT 542,044 326,429 108,726 977,199 453,433 1,430,632 GSA/FAC CPS 0 0 0 0 0 0 IWMD 0 0 0 0 0 0 IRVINE RANCH WATER 0 0 0 0 0 0 CC SANITATION 0 0 0 0 0 0 SO COAST WATER 0 0 0 0 0 0 SPARES 0 0 0 0 0 0 GSA/TRANS 0 0 0 0 0 0 VECTOR CONTROL 0 0 0 0 0 0 OTHER COUNTY COSTS 0 0 0 0 COUNTY SUBTOTAL 9,532,538 8,379,145 2,790,860 20,702,543 11,638,983 32,341,526 TOTAL ;33,410,387 22,724,028 14,347,313 70,481,744 11,638','983 82','120,727 DELE I ED (2,500,000) (600,000) 0 (3,100,0001 (1,400,0001 (4,500,000 30,910,387 22,124,028 14,347,313 67,381,744 10,238,983 77,620,727 NAR: 20-0ct-95 EQUIPO01 HIDM BUENA PARK COSTA MESA CYPRESS DANA POINT FOUNTAIN VALLEY FULLERTON GARDEN GROVE HUNTINGTON BEACH IRVlNE LAGUNA BEACH LAGUNA HILLS ' LAGUNA NIGUEL LAKE FOREST LA HABRA LA PALMA LOSALAMITOS MISSION Vi'E JO NEWPORT BEACH ORANGE PLACENTIA SAN CLEMENTE SAH JUAN CAPISTRANO $ ~, ANA S~ . BEACH STANTON TUST1N ~qLLA PARK WESTMINSTER YORBA LINDA CITIES S U BTOTAL COUNTY SUBTOTALI EXHIBIT D ESTiI~FED PAYMENT SCHEDULE SUMMARY - MOTOROLA CONTRACT AND $6.1 MILUON ADJUSTMENT - _ FY95/96 FY96/97 FYg7/98 FY98/99 FYg9/2000 * TOTAL - 623,425 1,534,828 2,547,828 g45,967 .307,434 5,959,482 239,121 582,61 8 971,1 64 356,754 114,879 2,264,536 140,893 345,133 574,069 212,051 68,61'1 1,340,757 255,979= 615,716 1,031,654 373,930 118,990 2,396,269 115,032 274,493 461,408 165,839 52,373, 1,069,1 45 45,770 117,481 191,852 74,249 24,970' 454,322 125,645 302,464 506,624 183,784 58,527 1,1 77,044 225,395 555,389 921,632 342,489 111,391 2,156,296 278,976i 688,798 1,142,104 425,289 138,563 2,673,729 493,647 1,198,392 2,000,516 732,113 234,969 4,559,638 266,964 657,203 1,090,991 405,039 131,628 2,551,825 94,761 224,585 378,561 135,077 42,375 875,359 35,700 90,025 148,034 56,304 18,672 348,735 59,786 ' 155,840 252,986 99,368 33,808 601,787 60,920 157,881 256,869 100,339 33,992 610,001 123,585 297,340 498,152 180,607 57,486 1,157,170 57,573 134,063 227,613 79,683 24,553 523,485 56,'649 130,430 PPP,478 76,921 23,418 509,895 88,113 227,514 370,689 144,286 48,745 879,348 274,854 656,895 1,103,504 397,279 125,652 2,558,186 275,728 672,016 1,120,044 411,575 132,569 2,611,932 91,279 PP'P, 085 370,404 135,866. 43,694 863,328 95,482 231,046 386,193 14'0,-558' 45,074 898,651 35,633 91,726 149,626 58,069 1.9,572 354,626 575,140 1,419,987 2,354,529 876,733 285,639 5,512,029 79,086 187,230 315,736 112,528 35,263 729,843 57,099 142,145 234,926 88,212 28,943 551,326 142,730 349,222 581,143 214,405 69,301 1,356,801 5,515 14,598 23,559 9,390 ' 3,230 56,292 220,964 533,889 892,933 " 325,175 103,911 2,076,872 57 120 213 67 18 475 5,241,501 .1 2,811,1 53 21,328,036 7,860,245' 2,538,249 49,779,184 * 7/1/99 - 12/31/99 2,0 0,9 21 51, 71 120,702,5441 3,216,3041 5,048,902 I10,275,0561 CITIES/COUNTY SUBTOTAL ~. 8,457,805 I!17,860,0541131,603,092 COUNTY DELETIONS / I (600,000)1 (2,500,000)1 TOTAL Il 8,457,805117,260,054129,103,0921 9,871,157l~ 9,871,157 1 · 2,689,6201[70,481,729 I (3, oo, ooo)[ 2,689,620167,381,729 NAR: 08-Dec-95 EQUIPO07 ADDENDUM TO 800 MHZ JOINT AGREEMENT CONDITIONS OF ACCEPTANCF o o . . . The City of Tustin previously placed on deposit and in trust with the County of Orange funds dedicated to the acquisition of the 800 MHz System. Those funds are currently being held by the County of Orange pursuant to its declaration of bankruptcy and are, in part, the subject of negotiations currently underway. Distribution of said Trust funds must be accomplished prior to July 1,1996 in order for the City to comply with Section 13.2 of this Agreement. Section 15 of the Agreement sets forth the process for establishing a cost-sharing formula among Participating Agencies for future operation of the System effective January 1, 2000. Existing language is vague as to the approval process for the establishment of the above subject formula, as well as for subsequent budget oversight and approval.. Any cost-sharing formula or standards for annual budget oversight recommended by the Governance Committee must be submitted to the City of Tustin for approval no later than January 1, 1999. Notwithstanding Section 15, under no circumstance does the City of Tustin, by execution of the Agreement, delegate approval authority for any administrative, engineering maintenance and communications coordination expenses in. support of the 800 MHz Backbone System. The City of Tustin recognizes that participation in the 800 MHz System is at the option of individual jurisdictions. Failure to secure participation by all jurisdictions in the 800 MHz System may jeopardize existing Mutual Aide capabilities and the ability of Public Safety personnel from multiple jurisdictions to communicate with one another. The provisions of this Agreement and Contract No. S0000015.95 notwithstanding, participation by the City of Tustin requires that the proposed System maintain the existing ability to communicate with those jurisdictions who remain on the existing 460 MHz System. All Performance Standards as set forth in Contract No. S0000015.95 for the 800 MHz System must be met. In the event the County of Orange or the Motorola Corporation deems it necessary to consider modifications to the agreed upon Performance Standards, such modifications must be submitted to the City of Tustin for review and approval. Notwithstanding Section 12 of the Agreement, the City of Tustin shall not be liable for the cost incurred by County for the purchase or lease of equipment, and for installation, service and maintenance, unless such cost has been approved in advance by the City, or unless such cost are part of City's payment obligations set forth in Section 13 for the law enforcement portion of the System.