Loading...
HomeMy WebLinkAbout15 800 MHZ COMM SYS 05-15-95AGENDA ~ATE: MAY .12, 1995 Inter-Corn NO. 15 5-15-95 TO: FROM: SUBJECT: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL WILLIAM A. HUSTON, CITY MANAGER JOINT POWERS AGREEMENT - 800 MHZ COMMUNICATIONS SYSTEM RECOMMENDATION: That the City Council: 1. Approve the joint powers agreement. 2. Appoint a member of the City Council as its representative on the joint powers Board of Directors. 3. Appoint Captain Fred Wakefield as the City's alternate representative. FISCAL IMPACT: The City of Tustin's share of the 800 MHz system is 1.93 percent. This includes equipment to be installed in vehicles, portable radios and the City's share of the "backbone" system (radio towers, generators, and other related system infrastructure). The City's share of the backbone system is $457,582. The City's cost for Police Department field equipment (vehicles and portable radios) is $658,839. The 800MHz system will also include public works departments. The City's cost for public works equipment (currently estimated to be $156,686) and an implementation schedule for public works communications equipment will be prepared at a later date. The first priority is law enforcement communications. 'Prior to finalizing the order for field equipment, staff will further review the City's requirements to ensure the needed amount of equipment is purchased. The City's costs will be funded through a combination of capital projects fund monies and asset forfeiture funds. Any financing options to be provided through the joint powers authority will also be explored. To date, the City has expended $173,266 for dispatch center hardware and software in anticipation of the 800 MHz system. The new dispatch equipment is fully capable of being converted to the 800 MHz frequency. Joint Powers Agreement - 800MHz Communications System May 12, 1995 Page two A complete financing plan for the City's share of backbone and field systems will be prepared for the City Council's review in fiscal year 1995-96. BACKGROUND: For nearly ten years, the County and cities have been studying and designing a new communications system to serve law enforcement and public works departments. The existing system is over twenty years old. It is inadequate, cannot be expanded, and does not facilitate joint communications between agencies. The 800 MHz system will be state of the art and meet the needs of law enforcement and public works well into the future. The City of Tustin, as most other agencies, is at a point where its existing communications system must be replaced. DISCUSSION: The County, with the support of.the cities, has selected Motorola as the vendor to provide the seventy million dollar 800 MHz system. Attached is a summary of why the new system is needed and how it will function. Each city and the County will be members of. the joint powers authority. The purpose of the authority is to establish a mechanism to finance acquisition of the communications system. There are two circumstances which make essential the timely formation of the authority. First, the Federal Communications Commission (FCC) requires that Phase I construction of the new communications system be completed by October, 1995. If this deadline is not met, the FCC has indicated it will reallocate the 800 MHz channels to other counties. Second, the County's bankruptcy has rendered infeasible financing options that otherwise would have been utilized. The proposed joint powers agreement is not without shortcomings. Tustin and other agencies have some problems with the agreement in its present form. However, because timing is so critical, the County and cities have agreed that the prudent course of action would be to adopt the agreement in its present form and then amend it as needed and agreed upon by the member agencies after formation of the authority. Also attached are the joint powers agreement. Joint Powers Agreement - 800MHz Communications System May 12, 1995 Page three Because of the significant policy issues to be considered by the authority, it is recommended that a member of the City Council be appointed to the Board of Directors. The recommended alternate, Captain Wakefield, is a member of the 800 MHz system Technical Liaison Committee and has considerable background in the technical aspects of the system. The joint powers agreement deals solely with financing of the communications system. At this point, the Sheriff's Department and County General Services Agency are discussing how the day-to-day operations of the backbone system will be handled. There has been some discussion about the role of cities (which consist of 72% of the system) in the operation of the system. There are many outstanding policy and administrative issues that need resolution which is why the joint powers agreement does not deal with operational matters. The joint powers agreement can be amended at a later date if a consensus can be achieved between the affected agencies. As the City Council is aware, over the past several years the City has allocated $724,448 to a County trust account to cover the City's share of the backbone system. Tustin, along with thirteen other cities, made the contributions in anticipation of a financing arrangement that would have been beneficial to cities and the County. These funds are now frozen due to the County's bankruptcy. The cities are in a position of having to negotiate release of the funds, including the percentage share, subject to approval of the federal bankruptcy court. Negotiations are expected to start soon. WAHl' Attachments 800mhz. wah 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM le What is the 800/Vt[Hz Countywide Coordinated Communications System (800 MHz System)? The proposed 800 MHz system is an 81-channel radio communications system enabling mutual cross-communications among 100 City and County Law, Public Works, and Fire operations. It will be the largest multi-user, multi-owned radio system in the world. The 800 MHz system, consisting of 61 new channels, will replace the existing 18-channel 460 MHz Law system and the various Public Works systems in Orange County. Twenty additional channels from an existing County/City Fire Trunked System will be integrated into the 800 MHz system. The 800 MHz system components include a backbone system of 22 transmitting/receiving sites, dispatch consoles, and field equipment (portable and mobile radios). 2. Why is the 800 MHz System needed now? The existing law enforcement communications system has been in service for 23 years and is deteriorating. The frequency of repair is increasing; parts are difficult, and in some cases impossible, to obtain. If the 800 MHz system' fails to go forward, individual agencies will be forced to replace existing base station equipment, consoles, mobiles and portables. The replacement equipment'Mll be limited to operation on the 18 or so existing 460 MHz channels, since there are no additional 460 MHz channels available. Maintenance costs will escalate. Some of the larger cities and the Sheriff-Coroner Department are currently experiencing traffic overloading. The number of available 460 MHz channels is insufficient to support traffic demands today and will most certainly be inadequate for the future. Coverage requirements are also limited as there are currently only 10 transmitting/receiving sites as compared to the 22 proposed in the new system. With law enforcement on 460 MHz channels, fire services in the 800 MHz band, and public works scattered throughout the spectrum, there is virtually no interoperability between the various Public Safety entities in Orange County. Should 'some 'Orange County law enforcement agencies be forced to relocate to other bands due to crowding, the lack ofinteroperability will be exacerbated. Failure to implement the 800 MHz system will continue this problem far into the future for alI Public Safety entities in Orange County. The history of law enforcement in Orange County has proven that the ability to communicate between all law enforcement agencies in the County dramatically improves the delivery of services to the public. Fragmentation of communications will most likely result in increased staffing requirements for those agencies cut off from the common communications shared by others in the County. 94/800MItz_405 JM:skb 4/18,n95 800 MHz Countywide Coordinated Communications System Page 2 A number of cities and counties outside of Orange County have either implemented or are in the process of implementing 800 MHz systems similar to that proposed for Orange County. Interoperability with these outside agencies will be an&her casualty associated with the'failure to proceed with the 800 MHz system. 3. Who.was involved with acquiring thisSystem after the vendor selection process? e After the County Board of Supervisors approved the selection of Motorola as the contractor in january 1994, several committees were formed consisting of City/County personnel including City Managers, Police Chiefs, Fire Chiefs, Law/Public Works/Fire operational personnel, and County staff (see attached). The committees were: Implementation Steering Committee to oversee the 800 MHz' system implementation; Negotiating Committee to negotiate a contract with Motorola; a Governance Task Force to develop an operational plan for the ongoing oversight of the 800 MHz system; a Technical Liaison Committee of agency operational personnel to oversee the system design; and a Finance Committee to determine financing options. The balance of work done in 1994 also consisted of design changes in the system to accommodate the merger of the proposed Law/Public Works and existing Fire 800 MHz systems. What,are the implica¢ions of postponing the 800 MHz system? The County has been licensed to use 61 channels in the 800 MHz band for a new Law/Public Works System by the FCC. The approved FCC plan calls for initial implementation of the 800 MHz system in October, 1995, and full implementation of the system by mid-1997. If the County does not commit to going forward with this system, the FCC will award the channels to other counties and cities. These 800 MHz frequencies can be used only for Public Safety and cannot be sold, but any other Southern California Public Safety agency on the waiting list can apply for them if not used. A large waiting list exists for these channels, and those agencies are already inquiring if' Orange County will be releasing any channels. No other substitute 800 channels would ever be available to Orange County in the future because all other 800 band channels have been allocated to nine other Southern California counties and their cities. 5~ What will the system cost? A contract has been negotiated with Motorola for $70,500,000 (including taxes) for the acquisition and implementation of the 800 MHz System over an extended period. Included in these costs is $37,000,000 'for the backbone portion which must be installed before any field equipment is purchased. An additional $11,500,000 in capital projects is required by the County over the next three years to build or expand the 22 sites essential to the backbone system. The system costs will be financed over a ten year period. 94/800M! Iz.405 JM:skb 4/18.t95 800 MHz Countywide Coordinated Communications System Page 3 t o Who will pay for the 800 MHz system? The cost of the 800 MHz system will be borne proportionately by the Cities and the County based on an agreed-upon cost allocation method. The Cities and the County will share in the cost of the backbone system. The County and Cities are individually paying for the consoles and field equipment for their respective agencies. What are the next steps required to move forward? Authorization by the County Board of Supervisors has been received to proceed with the 800 MHz System and to enter into a contract with Motorola. This contract will be assigned to the 800 MHz Joint Powers Authority upon its formation. A joint City/County Finance Committee will continue to review financing options and prepare a financing plan. 94/800M11z.405 JM:skb 4/18/95 800 MHz COORI~I..NATED COMMUNICATIONS SYSTEM SUMMARY I n trod uction Despite Chapter 9 uncertainty, Orange County and its Cities must address their public safety communications crisis. The current public safety communications system was installed in 1973 and is outdated and ineffective. - The system was designed for 2,000 radios serving 1.5 million people. - Orange County and its Cities currently operate 6,000 radios serving 2.8 million residents. - When completed, the proposed system will support over I0,000 radios. · Consequently, Orange County citizens face unnecessary safety risks from a'potential communications failure during crisis situations. Five years ago, the FCC agreed to open a new radio communications band (800 MHz) which has provided the County and its Cities with the opportunity to modernize their public safety communications system. - Historically, the FCC made new radio bands available in 1970 (460 MHz) and 1990 (800 MHz); it is unlikely that a new band will be made available in the next 20 years. · To take full advantage of this opportunity, the County and its Cities must act immediately or risk the loss of the channels to neighboring counties. · The costs of the proposed system are manageable and shared by the Cities and the County. The Current Situation Current System Overview · 460 MHz system · 18 channels allocated in 1970 · Put in service in 1973 · Designed to serve 1.5 million citizens and be in service 12 years Reflects system uscd by I,,aw Enforcement and Public Works Departments. Fire Services already usc a 20-chmmcl. 800 MHz system. ' ' 95t800MI lz.067 SM:skb 4/18!95 Shortfalls of Current System · System often overloaded and inaccessible to public safety officers : Average of 330 radios per channel vs. norm of approximately 100 radios per channel · Numerous radio coverage "dead spots" and "holes" throughout Orange County · Incompatible with neighboring counties' communications systems and Orange County Fire Services · Unable to utilize state public safety initiatives such as Cai Id. and NCIC 2000 · Replacement parts expensive and critical parts no longer manufactured The Proposed System The Cause for Immediacy · In 1987, Orange County developed a plan for improving its communications system. · In 1990, Orange County negotiated with neighboring counties for the new 800 MHz. channels. · Of the 93 channels Orange County requested, it received 61. · The FCC requires that Phase I construction of the new communications system be completed by October 1995 or the channels can be reallocated to other counties. - Orange County has already received one extension from the FCC and is unlikely to receive another. - The County would likely not have the opportunity to acquire new channels for an additional 20 years. Ail of~he neighboring counties have virtually completed the installation of their 800 MHz systems, and Riverside and San Bernardino have each requested an additional 31 channels. · In the cases of both the LA MTA and Deland County (Florida), the FCC rescinded ' previously awarded channels for failure to meet specified deadlines. ~'~ As per FCC Regulation 6 90.361 95/800Mltz.067 SM:skb 4/18/95 2 JOINT POWERS AGREEMENT '- FOR THE ORANGE COUNTY 800 MEGAHERTZ COMMUNICATIONS SYSTEM This Joint Powers Agreement For The Orange County 800 Megahertz Communications System ("Agreement") is made this day of , 1995 by and among the foll6wing public entities (collectively, the "members"); the signatory cities listed on the signature pages of this Agreement (collectively, the "Cities") and the COUNTY OF ORANGE (the "County"). A. In accordance with the terms of certain agreemehts by and among the County and the Cities, the CountY Currently operates a coordinated law enforcement/public works/fire radio communications system (the "Existing CCCS"). B. The County and the Cities have determined that current law enforcement/public works/fire radio communication requirements indicate that the Existing CCCS must be replaced with an 800 Megahertz coordinated law enforcement/public works/fire radio communications system (the "800 MHz CCCS"). The County and Cities have also determined that the public need for the 800 MHz CCCS is immediate. 800 MHz J?A 3/23/95 C. Cities and County have further determined that the most appropriate and expeditious method to achieve their goals with respect to the purchase, financing, administration, technical operation and related matters of the 800 MHz CCCS is the creation .of a joint power entity. D. Each member is a public agency as d~fined by Government Code Section 6500 et. seq. and 'is authorized and empowered to contract for the joint exercise of powers common to each member. E. The members now wish to jointly exercise their powers to provide for financing, purchase, maintenance support, technical operation, implementation, training of and for an 800 MHz CCCS and 'related and incidental services, including but not limited to, creation, development, ownership and operation of programs, facilities, and funds therefor through the establishment of the "Orange County 800 MHz CCCS" (the"Authority-). F. The members hereby acknowledge that operation and control of the 800 MHz CCCS is licensed by the Federal Communications Commission ("FCC") to the County and shall remain with the County at all times. NOW, THEREFORE, the members agree as follows: 800 MHz OPA 3123/95 · AGREEMENT ARTICLE I. POWERS AND PURPOSES 1. Authority Created. The Authority .is formed by this Agreement pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 (commencing with. Section ~500) of the Govern- ment Code of the State of California. The AuthoritY shall be a public entity separate from the parties hereto and, except as otherwise provided herein, its debts, liabilities and obligations shall not be the debts, liabilities and obligations of its members. 2. Purpose of the Agreement: Common Powers to be Exercised. Each member individually has the statutory ability to provide law enforcement/public works/fire radio communications services and related and incidental services as well as providing facilities and personnel for such services. The purpose of this Agreement is to jointly exercise in a coordinated fashion the foregoing common powers in the manner set forth herein. 3. Effective Date of FormatiOn. The Authority shall be formed as of , 1995, or such later date as agreed to in writing by all the members (the "Effective Date"), provided that the Authority has met the insurance requirements set forth in Article VI,' Paragraph 4(d) below. 800 MHz JPA 3/23/95 · 4. ~Q~--r~. Pursuant to and ~the extent required by Government Code Section 6509, the Authority shall be restricted in the exercise of .its powers in the same manner as is a general law city~ The Authority shall have the power to do any of the following in its own name: (a) To exercise the common powers df its.members in the selection, purchase and financing of the 800 MHz CCCS. The Authority shall also have the power to authorize and implement any and all necessary and/or appropriate support for the 800 MHz CCCS. (b) To deposit and hold funds for the 800 MHz CCCS. (c) To establish a Collateralization of revenue inter- cept option for assuring financing of th% 800 MHz CCCS. (d) To establish a cost allocation method for equitably allocating 800 MHz CCCS costs and expenses to all City/County members participating in the system. (e) To establish a payment schedule that assures up- front capitalization, by City members and County payments at end of system implementation.. (f) To establish a master agreement/sublease agreement that individually includes each member's equipment, financial commitment, and payment plan with respect to the 800 MHz CCCS. 800 aMz JPA 3/23/95 · (g) To establish financing mechanisms for the 800 MHz CCCS. (h) To coordinate and negotiate with the County regard- ing the County's acquisition 'and construction of radio transmission sites (towers and buildings) for the 800 MHz CCCS. (i) To accept assignment by the C6unty of contract(s) of purchase for the 800 MHz CCCS between the County and Motorola and establish a mechanism to pay all Motorola invoices for the 800 MHz CCCS as due and to establish an appropriate mechanism for the inventory and distribution of inventory for the 800 MHz CCCS. (j) TO make and enter into contracts including con- tracts with its members. (k) To purchase, acquire, lease, sublease, hold and dispose of equipment. (1) To incur debts, liabilities, or obligations, pro- vided that all bonded indebtedness, or other long term debt financing, and all long term lease or sublease obligations incurred in connection with the issuance of certificates of participation or otherwise shall require the prior consent of~ the members as set out in Article IV hereof. (m) To sue and be sued in its own name. 800 MHz JPA 3/23/95 · (n) To negotiate, enter into and use (subject to the provisions of Article IV hereof) any and all fi- nancing mechanisms available including, but not limited 'to, pledges and granting of security inter- ests in and to real and personal property of the Authority,s. (o) To support the operation, main%enance, repair, and management of new or existing facilities or por- tions of facilities, essential to the development and implementation of the 800 MHz CCCS. (P) To purchase insurance or to self insure and to contract for risk management services. (q) To exercise such additional pOwers as otherwise permitted under the Joint Exercise of PoWers statutes (Articles 1 through 4, commencing with Section 6500, of Chapter 5, Division 7, Title 1 of the Government Code, as amended) and which are necessary or appropriate to the accomplishment of the purposes of this Agreement. 5. Prohibition Against TaxeR. In no event shall the Authority have the power to implement, levy or institute any tax or taxes. 800 MHz JPA 3/23/95 · ARTICLE II. ORGANIZATION 1. Membership. The members of the Authority shall be the original parties hereto which have not withdrawn from the Authori- ty, and such other cities and .public entities as may join the Authority with the approval of the members after execution of this Agreement. New members may join on the terms and conditions set out in Article VII hereof~ 2. Designation of Directors. Before the Effective Date, each member by resolution of its governing body shall designate and select one representative to act as its.director on the Authority . . . Board of Directors (the "Board"), except the County Who ~hall have two (2) representatives to act as its directors: (i) the elected Sheriff (or his selected representative) and (ii) one other representative selected by the Board of Supervisors. Except for the Sheriff who shall be a permanent director of the Board, each director shall hold office from the first meeting of the Board after' selection by the member's governing body for a term of four (4) years or for a lesser term as determined under Paragraph 4(a) of Article II, or until the selection of a successor by the appointing body. Each member shall also select an alternate to act in each director's absence. Except for the Sheriff's alternate who shall be selected by the Sheriff, each alternate shall be selected by the governing board of the member. Except for the Sheriff who 800 MHz JPA 3/23/95 . shall be a p rmanent director of the Board, each director and e - ~ alternate shall serve at the pleasure of his or her selecting body and may be removed at any time, with or without cause, at the sole discretion of that appointing body. Any vacancy shall be filled in the same manner as the original selection of a director and/or alternate. No.director or alternate will receive compensation from the Authority for his or her services. With approval of the Board, a director 'or alternate may be reimbursed for reasonable expenses incurred in the conduct of the business of the.Authority. 3. P~rincipal Officc. The principal office of the Authority shall be the Orange County Chief Executive Officer's headquarters or as may be otherwise designated by the Authority. from time to time. (a) The first and organizational meeting of the Authority shall be held at its principal office on the Effective Date. At that meeting, the Board may determine whether to adopt a rotation system of two (2) and four (4) year terms to provide for increased continuity on the Board and shall classify themselves- into any groups selected. (b) The Board shall meet at the principal office of the Authority or at such other place as may be designated by the Board. The time and place of the regular meetings of 800 MHZ JPA 3/23/95 · the Board shall be determined by resolution 'adopted by the Board, and a copy of such 'resolution shall be furnished to each party hereto; provided that the Board shall have at least one regular meeting during each fiscal year. All Board meetings, including regular, adjourned and special meetings, shall be called, noticed and held in accordance with the Ralph M. Brown Act, Section 54950, et seq. of the Government Code (the "Brown Act") as it may be amended from time to time. 5. _Ouo~m: Votinq. A 'majority of the total number 'of directors shall constitute a quorum for the purpose of the transaction of business relating to the Authority. Each director, or alternate in' the absence of any voting director, 0shall be entitled to one vote except for the two representatives for the County, each of whom shall be entitled to six (6) votes so that the County as a whole shall have tWelve (12) votes. Unless otherwise provided herein, a'vote of a majority of the votes cast by those present and qualified to vote shall be sufficient'for the adoption of any motion, resolution or order and to take any other action deemed appropriate to carry forward the objectives of the Authori- ty. 6. Executive Committee. At its first meeting, the Board shall elect from among its members an Executive Committee of seven (7) members, two of which shall be the same representatives for the 800 MHz JPA 3/23/95 9. · County described above in Paragraph 2 of this Article II, and shall designate the functions to be performed by the Executive Committee, as allowed by law. Notwithstanding the weighted' vote granted to the County's representatives under Article II, Paragraph 5 above, for purposes of voting on Executive Committee matters only, each member of the Executive Committee shall be entitled to one vote. 7. D~~. At its first meeting, the Board shall elect from among its members a chair and vice-chair and thereafter at the first meeting in each succeeding fiscal year the Board shall elect or re-elect a chair and vice-chair. In the event that the chair or vice-chair ceases to be a director, the resulting vacancy shall be filled in the same manner at the next regular meeting of the Board held after such vacancy occurs. In the absence or inability of the chair to act, the vice-chair shall act as chair. The chair, or in his or her absence the vice-chair, shall preside at and cOnduct all meetings of the Board. The Board shall appoint a secretary to the Authority who may be a member of the Board or an employee of a member. The chair, vice-chair and secretary each shall hold office for a period of one (1) year. 8. ~l~t~.~. The secretary of the Authority shall provide notice of, prepare and post agendas for' and keep~ minutes of regular, adjourned regular, special meetings ~of the Board and meetings of the Executive Committee and shall cause a copy of such minutes to be forwarded to each director. The secretary will 800 MHz JPA 3/23/95 10. otherwise %~erform the duties necessary to ensure compliance with the Brown Act and other applicable rules or regulations. 9. ~l~. The Board may adopt from time to time such bylaws, rules and regulations for the conduct of its affairs that are not in conflict with this Agreement, as it may deem necessary. 10. Fiscal Yea~. The Authority's fiscal year shall commence on July 1 of'each year, or in the year of its formation, the Effective Date, to and including the following June 30. 11.. Assent of Members. The assent or approval of a member in any matter requiring the approval of the governing body of the member shall ~be evidenced by a certified copy of the res61ution of the governing body filed with the Authority.' 12. Committees. The Board may establish standing or ad hoc committees or subcommittees composed of Board members, staff and/or the public to make recommendations on specific matters. 13. Additional Officers and Employees; Contract Services. (a) Pursuant to' Government Code Sections 6505.5 and 6505.6, the Board shall appoint an officer or employee of the Board, an officer or employee of a member public agency or a certified public accountant to hold the offices of treasurer and auditor for the Authority. Such person or persons'shall possess the 800 MHz JPA 3/23/95 11. -~ _ powers of and shall perform the treasurer and auditor functions for the Authority required by Government Code Sections 6505, 6505.5, and 6505.6, including any subsequent amendments thereto. Pursuant to Government Code Section 6505.1, the secretary and the auditor and treasurer shall have charge of certain property of the Authority. The treasurer and auditor shall assure that there shall .. be strict accountability of all funds and r.epotting of all receipts and disbursements of the.Authority. The treasurer, auditor and secretary shall be .required to file an official bond with the Board in an amount which shall be established by the"Board. Should the existing bond or bonds of any such officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of' the Authority. (b) The Board shall appoint general counsel and special counsel to the Authority to serve as necessary. (c) The Board may contract with a member to provide necessary administrative services to the Authority as appropriate. Any administrative duties also may rotate from year to year. 800 MHz JPa 3/23/95 12. ARTICLE III. - ~. TRANSFER OF EXISTING CCCS OPERATIONS 1. Transfer.~ Assigmment or Lease of County Assets an~] Liabilities. As of the Effective Date, the County shall transfer, assign, or lease to the Authority such tangible and intangible assets and liabilities, if any, and shall receive such monetary credit, if any, for such transfer and assignment (the "Asset Transfer"), as are more particularly set forth in Exhibit "A" attached hereto and incorporated herein· 2. Authority Ass~mption of Liability. In further consideration for the Asset Transfer, the Authority shall assume responsibility for any and all loss, litigation, liability, injury, damage, claim, demand, and tort or workers compensation incidents that occur on or after the Effective Date. The County shall retain responsibility and liability for any and all such incidents that occur prior to the Effective Date and shall retain all risk management reserves that have been set aside for such prior incidents. ARTICLE IV. FUNDING OF 800 MHz CCCS OPERATIONS · General Budget. Within sixty (60) days after the first meeting of the Board, a general budget for the first fiscal year 800 MHz JPa 3/23/95 13. shall be.adopted by the vote of a majorft~'of the.votes cast at a meeting of the Board. The initial budget and each succeeding budge~ shall include, but not be limited to, the following: (a) the general administrative expenses, debt, loan and financing costs and expenses, operating expenses and necessary reserves of the Authority to be incurred during the period covered by the budget; and (b) the allocation of costs among the members of the Authority in the amounts necessary to cover the budget items set out in l(a) above.. Thereafter, at or prior to the last meeting of the Board for each fiscal year, a general budget shall be adopted for the ensuing fiscal year or years by a vote of at least a majority of the votes cast at a meeting of the Board. An annual year end written budget performance report shall be presented by the treasurer and/or'auditor (selected under Article II, Paragraph 13, of this Agreement) to the Board. 2. Expenditures for the Approved Budget. Ail expenditures within the designations and limitations of the approved general budget shall be made on the authorization of the Board for general budget expenditures without further action. No expenditures in excess of those budgeted shall be made without the approval of a majority of the votes cast at a meeting of the Board'. 3. Contributions. Attached hereto as Exhibit "B" and incorporated herein is a list of all of the members of the Authority with their respective percentage interest contribution responsibility for the Authority's annual budget. Also set forth 800 MHz JPA 3/23/95 14. in Exhibit "B" is the formula used by the Authority to determine each member's percentage contribution. (a) Ra~man~a (1) ~_U~gg. As part of its annual budget process, the Authority shall determine, prepare and send bills to members for amounts owing from its members. The Authority may also from time to time determine, prepare and send bill~.to members for any Other amount due from the members to the Authority, including, but not limited to, amounts due the 'Authority under any lease or sublease between the Authority and a member or members. Such amounts are. due and payable within sixty (60) days of receipt of a billing therefor. (2) Proposition 172 Funds._ The County receives certain monies pursuant to the provisions of Proposition 172 (Govt. Code Sec. 30051 et seq.) ~("Prop. 172 Funds") for some of the Authority's members, including the County. In the event that a member receiving Prop. 172 Funds fails to timely pay any bill it receives from the Authority including, but not limited to any bill pursuant t° Paragraph 3(a)(1) above or any bill for amounts due the Authority under any lease or sublease between the Authority and said member, then said defaulting member hereby directs and instructs the County to pay to the Authority such Prop. 172 Funds held by the County on its behalf, if any, in an amount up to and including the amount of said bill or said lease or sublease payment, as applicable. In the event the defaulting member is the County, the Authority shall make demand on the County and the County shall pay to the Authority such Prop. 172 Funds held by the County in an amount up to and including the amount of said bill or 800 MHZ JPA 3/23/95 15. said lease or sublease payment as applicable. Each member agrees to promptly execute and deliver to the Authority such additional documentation in reasonable form as may be necessary or appropriate to further carry out and implement the intent and goals of this Paragraph 3(~a)(2). (b) Failure to Pat. In the event'any member fails to timely make any payment due under this Agreement or under any lease or sublease entered into with the Authority, Said member shall be in default under this Agreement if said failure continues uncured for thirty (30) days after receiving written notice frOm the Authority-specifying said unpaid amount. In the event a member is in default under this Agreement (the "defaulted member") said defaulted member's right to vote under this Agreement'shall be suspended until said default is cured or remediated. Notwithstand- ing the foregoing, a defaulted member shall remain liable for all of its obligations under this Agreement and any such lease or sublease and to the Authority, including, but not limited to its proportional share of any indebtedness of the Authority. Nothing in this paragraph shall be construed as the Authority's exclusive remedy for the remediation of defaults by its members and the Authority reserves the'right to pursue any and all available rights and remedies at law or in equity. 4. A_D_Droval of Bonded Indebtedness. Prior to any Authority resolution authorizing the issuance of any bonded indebtedness, each member shall approve any bonded indebtedness to be incurred by the Authority. Any withdrawing member under Article VII shall 800 MHZ JPA 3/23/95 16. remain responsible for payment (as provided in said Article VII) of its proportional share of any bonded indebtedness it has approved. As used herein, "bonded indebtedness" does not include short-term tax anticipation notes with a one-year (or shorter) term which the Authority may authorize by a majority vote of all of the directors of the Board. ARTICLE V. ACCOUNTING AND AUDITS 1. Accounting Procedures. Full books and accounts shall be · maintained for the Authority in accordance with practices estab- lished by, or consistent with, those utilized by the Controller of the State of California for like public entities. In particular, the Authority's auditor and treasurer shall comply stri'ctly with requirements governing joint powers agencies, Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (commencing with Section 6500). 2. Audit. The records and accounts of the Authority shall be audited annually by an independent certified public accountant and copies of the audited financial reports, with the opinion of the independent certified public accountant, shall be filed with the County Auditor, the State Controller and each member within four (4) months of the end of the fiscal year under examination. 800 MHZ JPa 3/23/95 17 . ARTICLE PROPERTY RIGHTS 1. Project Facilities and Propertk. On and after the Effective Date, all real and personal property, including but not · limited to, facilities constructed, installed, acquired or leased by the Authority, apparatus and equipment, ~ersonnel and other records and any and all reserve funds shall be held in the name of the Authority for the benefit of the members of the Authority in accordance with the terms of this Agreement. 2. Disposition of Assets Upon Terminatio~.~. The Authority may vote to terminate this Agreement, or termination will occur if only one member is left in the Authority. In this regard, if a majority of the total number of votes of the members vote to terminate the Authority, a similar vote shall then be taken to determine the party (which may be a non-member) "'t0 oversee the disposition and winding up of the business, assets and liabilities of the Authority. If termination occurs, all surplus money and property of the Authority shall be conveyed or distributed to each member in proportion to all funds provided to the Authority by that member on behalf of that member during its membership. Each member shall execute any instruments of conveyance necessary to effectuate such 'distribution or transfer. Notwithstanding the foregoing, the Authority may not terminate or dissolve without providing for the transfer, assignment, satisfaction or other disposition of all of its obligations under any leases or subleases entered into in connection with financing the 800 MHz CCCS. 800 HNz JPA 3/2]/95 18. 3. LiabilitieS'.' Except as otherwise provided herein, the debts, liabilities and obligations of the Authority shall be the debts, liabilities or obligations of the Authority alone and not of the parties of this Agreement. 4. Indemnification and Insurance. (a) From and after the Effective 'Date, the ~Authority shall defend, indemnify and hold harmless each of the members and their respective officers, employees, agents and representatives with respect to any loss, damage, injury, claim, demand, litigation or liability and all expenses and costs relating thereto(including attorneys' fees) arising out of or in any way related to the performance of services by the Authority pursuant to this Agree- ment. 0 (b) From and after the Effective Date, the Authority shall defend, indemnify and hold harmless each of the members and their respective officers, employees, agents and representatives with respect to any loss, damage, injury, claim, demand, litigation or liability and all expenses and costs relating thereto (including attorneys' fees) arising out of or in any way. related to any contract or agreement assumed by or otherwise transferred to the Authority. (c)' From and after the Effective Date, the Authority shall defend, indemnify and hold harmless each member and their respective officers, employees, agents and representatives with respect to~any loss, damage, injury, claim, demand, litigation or 800 MRZ JPA 3/23/95 19. liability and all expenses and costs relating thereto (including attorneys, fees) arising out of or in any way related to any asset transferred to and accepted by the Authority, including but not limited 'to real property, personal property, equipment and apparatus. (d) From and after the Effective 'Date, the Authority shall maintain during the term of this Agreement, workers compensa- tion insurance as required by law and, in addition, general comprehensive liability insurance in the minimum limit of $5,000,000 combined single limit per occurrence and annual aggregate. Each of the Authority members shall be named as an additional insured on the general comprehensive liability policy. Alternatively, the Authority may self-insure. Prior to the Effective Date, the Authority shall provide the County with certificates of insurance or proof of self insurance evidencing the coverage referred to in this Paragraph 4(d). Such insurance is a condition precedent to performance under this Agreement, and until the Authority obtains insurance as provided for in this Paragraph 4(d), performance under this Agreement is excused and no member shall have any right against any other member in equity or law. (e) Notwithstanding Article 'VI, Paragraph ~4, the m~mbers agree that no immunity available to the members under state or federal law or regulation shall be waived with respect to any third party claim. 800 MHz JPA 3/23/95 20. · FCC Licenses~ Lease of 800-~4~z CCCS and Operation By County. (a) Lease of 800 MHz CCCS. Ownership of the 800 MHz CCCS shall remain in Authority as specified in Article VI, Paragraph 1. Authority shall lease the 800 MHz CCCS to County and provide access to the 800 MHz CCCS as is necessary for County to perform its obligations hereof (the "Lease"). (b) Responsibility of County. With respect to the 800 MHz CCCS, County shall: (1) manage and perform the day-to-day administra- tive and technical operations of the 800 MHz CCCS, including but not limited to, operating and maintaining the 800 MHz CCCS and assuring o · compliance with the Communications ACt of 1934, as 'amended (the "Communications Act") and all state or local rules, regulations and policies of other governmental agencies.with authority over the County and/or the 800 MHz CCCS, as such laws, rules, regulations and policies are in effect from time to time; (2) fulfill all duties and obligations of an FCC licensee; (3) exercise all reasonable efforts to keep· in full force and effect its FCC licenses and not take any action, or permit any action to be taken, that would effect a transfer of control of such FCC licenses; 800 MHz JPA 3123/95 21. (4) '~epare [,at the Authority's expense,] and file with the FCC appropriate license renewal applications and such other reports, documents and filings (including but not limited to any requests for extension of time) as may be necessary from time to time to keep the FCC licenses in full force a~d effect for opera- tion of the 800 MHz CCCS; (5) take all reasonable measures to ensure that the 800 MHz CCCS is operated in a safe manner and maintain such facilities and equipment at a level of efficiency and quality equal to, or in excess of, industry standards, government regulations and sound business pracfice; (6) hire and supervise such employees as are necessary for the fulfillment of its responsi- bilities hereof; (7) refrain from taking any action, or agreeing to take any action, that would, jeopardize or hinder the provision of Services over the 800 MHz CCCS; (8) not enter into any agreement or arrangement with a third party that conflicts with ' Authority's rights hereof; (9) not pledge, create, or suffer any lien, mort- gage or otherwise encumber the 800 MHz CCCS, nor permit any such encumbrances to attach to the 800 MHz CCCS; and 800 M~z JPA 3/23/95 22. 800 ~z ~p~ 3~23~95 (10) keep Authority fully informed on a timel~ basis of material events relating to the 800 MHz CCCS, including without limitation, main- . tenance, quality control and outage reports; FCC orders; and directives and correspondence with suppliers of the 800 MHz CCCS and compo- nents thereof. (c) Responsibility of Authorit~ With respect to the 800 MHz'CCCS, Authority shall: (1) fully cooperate with County'and provide [at no charge to County] such assistance as may be reasonably required, to enable County to fulfill its obligations 'hereof. In particu-. lar, Authority shall cooperate with the County in furnishing any information which may be requested by the FCC in connection with the operation of the 800 MHz CCCS; (2) be responsible for the payment to County of all expenses incurred internally by County in the performance of its management obligations hereof, including but not limited to, reim- bursement for the reasonable costs of opera- tion, repair and maintenance of the 800 MHz CCCS, the expenses of filing applications and reports with the FCC and other government agencies and the payment of charges by third parties for services and equipment relating to the 800 MHz CCCS. Authority shall remit 23. 800 MHz JPA 3/23/95 payment to County or to such third parties, as the case may be, within thirty (30) days of the presentation of invoices by the County; (3) take reasonable measures to ensure that all of the 800'MHz CCCS equipment is in good operat- ing condition and repair at all times; (4) take reasonable measures ~o protect the physi- cal security of the 800 MHz..CCCS; (5) not enter into any agreement or arrangement with a third party that conflicts with County's rights hereof; (6) pay all excise, sales; use, property or other similar taxes and fees that may be levied by a governmental authority on the 800 MHz CCCS or on the services rendered to Authority via the · 800 MHz CCCS; and (7) fully info'rm County on a timely basis of the service capacity and industry standard quality requirements with respect to the 800 MHz CCC$. (d) Miscellaneous (1) Term of Lease of 800 MHz CCCS. The Lease shall commence on the Effective Date of this Agreement as defined in Article.I,.Paragraph 3 and shall continue, subject to the termination provisions of Article VI, Paragraph (5)(d)(2), for a period of [5] years (the "Initial Term"). The Lease shall continue thereafter on a year-by-year basis upon terms to be 24. 800 ~z ~ 3~3795 agreed upon by Au~ority and County and sub- ject to each party's right to terminate the Lease Under Article VI, Paragraph. (5)(d)(2). .(2) Termination. The Lease may be terminated by Authority or County at any time upon the non- performance by the other party of any materia1 term, covenant or conditi6n of this Agreement that is not cured within thirty (30) days after the receipt "by such party of written notice of its breach, provided, however, that the Lease shall- continue in effect for a period up to twelve (12) months at the elec- tion of the County if continued access to the 800 MHz CCCS is required to maintain the provision of the law enforcement/public works/fire radio communications services contemplated under this Agreement. Addition- ally, One year after the Effective Date of this Agreement, as defined in Article I, Paragraph 3, either Authority or County, at its sole discretion and notwithstanding the [five-year] Initial Term of this Lease, may terminate this Lease upon twelve (12) months prior written notice to the other party. (3) Party Cooperation in Acquiring FCC Approvaljs. If any further action is necessary or desir- able to comply with the requirements of the FCC,-Authority and County will take all such 25. necessary action including, without limita- tion, the execution and delivery of such - further instruments and documents or amend- ments to this Agreement as may reasonably be acceptable to the FCC. (4) Modification of 800 MHz CCCS. Authority may initiate modifications t6 the 800 MHz CCCS from time tO time [,at the Authority,s ex- pense], subject to the County's express writ- ten approval of any proposed modifications. If prior FCC or other Cegulatory approval of such modifications is required, the County shall (,. at the Authority's expense,] prepare an appropriate application, sign and file it with the. FCC. No such modification shall be implemented prior to the grant of FCC consent. 6. Member Owned Equipment. The. Authority acknowledges that any equipment purchased by a member in conjunction with or relating · to the 800 MHz CCCS which is owned by said member free and clear of any claim, lien or interest of the Authority's shall be an asset of said member and not of the Authority's. ARTICLE VII. WITHDRAWAL AND ADDITION OF MEMBERS 1. Member Withdrawal. No member may withdraw its .participa- tion in the Authority for three (3) years from the Effective Date, 800 MHZ JPA 3/23/95 26. or three (3) years from the date on which it initially be~es a member. After that three (3) year period, any withdrawing member may give twelve (12) months prior written notice to the Authority and its members together with such other notices, if any, as are required by laws then in effect, of its election to withdraw as of the end of that twelve (12) month notice period. Notwithstanding any written notice by a member to withdraw fro~ the Authority, said election to withdraw shall be'effective at the end of the twelve (12) month notice period if, and only if, the withdrawing member has prepaid in full to the Authority an amount equal to its entire proportional amount of (i) the principal and interest of any debt, obligation, liability, loan or finanCing of the Authority.and (ii) five (5) years of estimated generai administrative and operating expenses for the Authority. 2. Addition of New Members. Any non-member may join the Authority upon consent of a majority of the total number of votes of the directors of the Board and the agreement to such terms and conditions as may be determined by the Board. A new member may be required to transfer to the Authority its CCCS facilities and assets, if any, or to reimburse the Authority for a proportionate share of facilities which the new member will utilize. As a condition of membership, a proposed new member may also be required to accept responsibility for a proportion of the debts, obliga- tions, and liabilities of the Authority, to the extent agreed upon by the Authority and the new member at the time of membership. The Authority Board may determine to waive all or part of such 800 MHz JPA 3/23/95 27. - ~ contribution requirements in return for an offsetting transfer of the.new member's facilities and assets to the Authority. 3. ' ' ' ' ' ' . Any withdrawing member may negotiate with the Authority for return or repurchase of any and all stations and equipment serving that member's jurisdic- tion, however,~the Auth'ority shall be under nb obligation or duty to deliver or sell said stations and equipment. In no event, however, shall any withdrawing member have any claim to or right, title and interest in any federal, state or local license held by the Authority, including, but not limited to any FCC license. In , addition, a withdrawal of a member from the Authority shall not act as a release of any obligation of such withdrawing member under any lease or sublease between the Authority and such member' ARTICLE VIII. TRANSITION TO AUTHORITY The Cities and County shall designate a transition team to implement the transfer of assets and liabilities hereunder, to prepare for the Authority's organizational meeting, and to direct the transition of administrative services from the County to the Authority. 800 }1Hz JPa 3/23/95 28. ARTICL~ IX GENEl:~ PROVISIONS 1. Initial Notice. Upon the Effective Date of this Agreement, the Authority shall timely file with the Orange County Clerk and the Office of the Secretary of State the information required by Government Code Sections 6503.5 arid 53051. 2. Additional Notices. Upon. any amendments to this Agreement, the AuthOrity shall prepare and timely file with the Orange' County Clerk and the'Office of the Secretary of State the information required by Government Code Sections 6503.5 and 53051. 3. NotiCe' to M~mbers. Notice to members shall be deemed given when mailed to them, first class, postage prepaid, or faxed to the address/or fax number set out by their signatures. 4. Amendment. This Agreement may not be amended or modified except by a vote of two-thirds (2/3) of the total number of votes of all members. This Agreement represents the sole and entire agreement between the parties and supersedes all prior agreements, negotiations ~and discussions between the parties hereto and/or their respective counsel with respect..to the subject matter of this Agreement. 5. ~LLILG~. The headings in this Agreement are~ for convenience only and are not to be construed as modifying or e_~xplaining the language in the section referred to. 800 MHZ JPA 3/23/95 29. 6. Severahility. Should any part, term, or provision of this Agreement be determined by a court to be illegal or unenforce- able, the remaining portions or provisions of this Agreement shall nevertheless be carried into effect. NO Continuing Waiv_e~. No waiver of any term of condition of this Agreement shall be considered a continuing waiver' thereof. 8. SuccesSors. This Agreement shall inure to the benefit of and be binding upon any successors or assigns of the members. No member may assign any right or obligation hereunder without the written consent of a majority of all of the directors of the Board. 9. NO Third Party Beneficial. The members agree that except as provided in Article IX, Paragraph 8 above, the provisions of this Agreement are not intended to directly benefit, and shall not be enforceable by, any person or entity not a party to this Agreement. 10. Reporti~q. The Authority shall at all times remain in compliance with the requirements of the Political Reform Act (Government Code Section 81000 et seq.) and 'the Conflict of .Interest Code (Government. COde. Section 83300.et s~q.).. ....... 800 MMz OPA 3123/95 30. IN WITNESS THEREOF, the pafta]~es hereto have caused this Agreement to ~be executed and attested by their duty authorized officers as of the date first above written. Dated: COUNTY OF ORANGE, a political subdivision of the State of California By ,. Chairman of its Board of Supervisors SIGNED AND CERTIFIED'THAT -A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the ~oard of Supervisors County of Orange, California NOTICE TO COUNTY OF ORANGE TO BE GIVEN TO: cOUNTy EXECUTIVE OFFICER P.O. BOX 22014 SANTA ANA, CA 92702-2014 FAX: (714) 834-3018 TERRY C.. ~NDRUS, COI. R~ COUNSEL ; £ .' 800 MHZ JPA 3123/95 3 1 . Passed and adopted by the City Council of the City of at a regular meeting thereof, held on the day of ~, 1995. Attest: City Clerk MaY~nager EXHIBIT A ASSETS TO BE LEASED FROM TIlE 800 MHz COUNTYWIDE COORDINATED CO--CATiONS SYSTEM JOINT POWERS AUTHORITY TO THE COUNTY . Backbone equipment purchased from Motorola Communications and Electronics, Inc., by the 800 MHz CCCS Joint Powers Authority to support the coordinated system. Equipment purchased by individual .COunty and City agencies/departments to support field operations and dispatch operations is not included in leaseback to County. Radio sites constructed for the purpose ofsupporting 800 MHz CCCS. Page 1 of 2 EXhibIT A pa~e 2 ASSETS TO BE LEASED FROM THE COUNTY TOTHE 800 ~ COUNT~E COORDINATED COMMUNICATIONS SYSTEM JOINT POWERS-AUTHO~TY I. . Portion of Loma Ridge facility, tower structure, radio equipment and property that supports the 800 MHz CCCS project. Portion of existing remote sites supporting 800 M3tz Coordinated Communications System including buildings, towers, and generators at the following sites: · Ol/nda · Santiago · Sierra · Signal · Bolero · San Clemente (lease site) 3. Portion of digital microwave system supporting 800 MHz CCCS. . . Portion of 800 MYtz Fire Services backbone that will be integrated with new 800 N~-Iz. CCCS. Current radio infrastructure equipment that will be used to support 800 M}Lz radio functionality.. Page 2 of 2 Exhibit B Anaheim Brea Buena Park Costa Mesa Cypress · Dana Point Fountain Valley Fullerton Garden Grove Huntington Beach Irvine Laguna Beach Laguna Hills Laguna Niguel Lake Forest La Habra 'La Paima Los Alamitos · Mission Viejo . Newport Beach Orange Placentia San Clemente San Juan Capistrano Santa Aha Seal Beach Start{on Tustin Villa Park Westminster Yorba Linda City Total County of Orange Total Total' Percentage Interest 'Contribution 8.12% 3.32 1.89 3.83 1.80 0.43 1.87 2.92 3.57 7.01 3.48 1.53 0.39 0.48 0.52 1.85 1.01 1.04 0.79 4.25 3.83 1.28 1.38 0.33 7.36 1.28 0.69 1.93 0.04 3.22 0.00 71.47% 28.53% 100.00% . (a) Percentage Inlerest Conlnbulion is calculaled based upon each members' equipmenl purchases divided by total equipment purchases. Page ! of 4 EXHIBIT B - ~ CONTRACT PARTICIPANTS RESPONSIBLE CITY ADMINISTRATOR ADDRESS PHONE # 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 Fair Drive 714/754-5223 P. O. Box 1200 _ Costa Mesa, CA 92628-1200 CyPress City Manager 5275 Orange Avenue 714/229-6700 P. O. Box 609 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 Fullerton, CA 92632 Garden Grove City Manager 11391 Acacia Parkway 714/741-5000 P. O. Box 3070 Garden Grove, CA 92642 HUntington Beach City Administrator 2000 Main Street 714/536-5511 P. O: Box 190 Huntington Beach, CA 92648 Irvine City Manager I Civic Center Plaza 714/724-6000 P. O. Box 19575 Irvine, CA 92713 Laguna Beach City Manager 505 Fores~ Avenue 714/497-3311 Lasuna Beach, CA 92651 Laguna Hills ' City Manager 25201 Paseo de Alicia, Suite 150 714/707-2600 Laguna Hills, CA 92653 Laguna Niguel City Manager 27801 La Paz Road 714/362-4300 Lasuna Niguel, CA 92656 La Habra City Manager 201' E. La Habra Blvd. 310/905-9700 P. O. Box 337 La Habra, CA 90633-0337 I'1 t. R E V I o!'3 3'20'95 Page 2 of 4 EXHIBIT B CONTRACT PARTICIPANTS CITY Lake Forest La Palma Los Alamitos Mission Viejo Newport Beach Orange Placentia San Clemente San Juan Capistrano ' Santa Aha Seal Beach Stanton Tustin Villa Park Westminster Yorba Linda E.X]HBITIt. REV Page 2 of 3 skb 3:20'95 RESPONSIBLE ADMINIS~TOR City Manager City Manager City Manager City Manager City Manager City Manager City Administrator City Manager City Manager City Manager City Manager City Manager City Manager City Manager City Manager City Manager ADDKESS 23778 Mercury Road Lake Forest, CA 92630 7822 Walker Street La Pa]ma, CA 90623 3191 Katella Ay. enue Los Alamitos, CA 90720 25909 Pala, Suite 150 Mission Vieio, CA 92691 3300 Newport Blvd. Newport Beach, CA 92663 P. O. Box 1768 Beach. CA 92658-8915 300 East Chapman P. O. Box 449 e, CA 92666 401 East Chapman Placentia, CA 92670 , 100 Avenida Presidio San Clemente, CA 92672 32400 Paseo Adelanto San Juan Ca i~ano, CA 92675 20 Civic Center Plaza Santa Aha, CA 92701 P. O. Box 1988 M30 Santa Aha, CA 92702 211 Eighth Street Seal Beach, CA 90740 7800 Kate[la Avenue Stanton, CA 90680 300 Centennial Way P. O. Box 3539 Tustin, CA 92681 17855 Santiago Blvd. Villa Park CA 92667-4187 8200 Westminster Westminster, CA 92683 4845 Casa Loma Avenue P. O. Box 87014 Yorba Lind& CA 92686-8714 PHONE// 714/707-5583 714/523-7700 714/827-8670 714/470-3000 714/644-3309 714/744-5500 714/993-8231 714/361-8200 714/493-1171 714/647-5400 714/828-8550 714/379-9222 714/573-3000 714/998-1500 714/898-3311 714/961-7100 Page 3 of -" EXHIBIT B CONTRACT PARTICIPANTS COUNTY County of Orange RESPONSIBLE ADMINIST~TOR Board of Supervisors ADDRESS Hall of Administration 10 Civic Center PlaTa Santa Ana, CA 92701 PHONE # 714/834-3100 E. XltlI~ITH.REV Page 3 of 3 skb 7~:20'95 Page 4 of 4