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COMMUNICATIONS AGREEMENT
BETWEEN THE COUNTY OF ORANGE
AND THE CITY OF SANTA ANA
THIS AGREEMENT made and entered into by and between the County of Orange, a body
politic and corporate, hereinafter designated as "COUNTY," and the City of Santa Ana,
a municipal corporation located within the County of Orange, hereinafter designated as
"CITY. "
RECITALS:
WHEREAS, COUNTY provides communication systems and equipment maintenance, repair,
training, coordination and engineering services; and
WHEREAS, CITY desires to utilize these services; and
WHEREAS, COUNTY controls, manages, coordinates and operates the County Coordinated
Communications Systems for Fire Services, Law Enforcement, Public Works,
Administration and Special Emergency Services; and
WHEREAS, the County Coordinated Communications Systems consist of System Backbone
and System Field Equipment defined by this Agreement, herein referred to as SYSTEM
BACKBONE and FIELD EQUIPMENT, respectively; and
WHEREAS, CITY utilizes one or more of these systems; and
WHEREAS, COUNTY and CITY desire to identify communication systems maintenance,
repair, training, and engineering services responsibilities of COUNTY and CITY, and
COUNTY charges for specified services;
NOW, THEREFORE, for and in consideration of the mutual covenants and promises of the
parties hereto, hereafter contained, it is mutually agreed by and between the parties
as follows:
1. CITY agrees to participate in this Agreement and further agrees to maintain
and use all CITY -owned equipment that is associated or interfaces with SYSTEM(S)
BACKBONE at and in accordance with Federal Communications Commission (FCC) and
California Public Utilities Commission standards and policies in order to enable
COUNTY to operate the County Coordinated Communications Systems, to prevent violations
and to protect integrity of the County Coordinated Communications Systems.
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COMMUNICATIONS AGREEMENT
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2. CITY agrees not to apply to the FCC for individual authority or license to
operate a base station or mobile transmitter operating on SYSTEW S) BACKBONE.
3. COUNTY agrees to assist CITY to apply for. FCC authority or license to operate
a base station or mobile transmitter not associated with SYSTEM(S) BACKBONE.
4. CITY agrees to maintain a current inventory of all communications and any
other -equipment maintained by COUNTY and/or associated with the COUNTY Coordinated
Communications Systems. CITY also agrees to .update this listing as equipment is
acquired or at least 'every six (6) months an COUNTY provided foam. List will include
and designate:
(a) Existing equipment.
(b) Equipment acquisitions (leased or owned).
(c) Equipment either disposed of or no longer used within the systems..
(d) Equipment acquisition date and warranty information
5, CITY agrees that COUNTY is, and.shall at all times be deemed to be an
independent contractor that is wholly responsible for the manner it performs services
required by this Agreement.
(a) COUNTY,.its agents and employees will not be. entitled to any rights or
privileges of CITY employees.
(b) COUNTY assumes exclusively the responsibility for the acts of its
employees or agents as they relate to services provided during the course and scope of
their employment.
(c) Nothing herein contained will be construed as creating relationship of
em.ployer and employee, or principal and agent, between COUNTY and CITY or any of
COUNTY's agents or employees,
6. CITY agrees to pay COUNTY, in accordance with the terms set forth in Appendix
3, for the following services:
(a) Maintenance, repair and/or installation/removal of CITY -owned equipment
as specified in Appendix 1. Services set forth in Appendix l of this. Agreement shall
be reviewed annually.
(b) Subcontract maintenance/repair/installation pass through costs necessary
to repair or install specified equipment that cannot be performed by COUNTY staff.
7. .COUNTY agrees to warrant COUNTY installation, labor and materials to thirty
(30) days after completion of each service without additional charge. HD ever, if
manufacturer of the materials serviced by COUNTY provides.additiona.l.warranties,
COUNTY's obligation to CITY is limited to returning the.materials to manufacturer at
CITY's expense. The decision of any warranty liability in these cases rests with
manufacturer.
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COMMUNICATIONS.AGREEMENT
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8. COUNTY agrees to warrant all.parts used in repair of radio equipment for
proper installation and to be free from defect in.materials and workmanship for 30
days from date of repair.
(a) Warranty applies only to parts actually installed in equipment and work
of COUNTY technicians directly associated therewith and is not a'warranty relating to.
the general operation of the equipment.
(b) Service under this warranty will be performed at the,origin.al point of
repair.
9. CITY agrees that if it has a proper claim for warranty specified in clauses 7
and 8. CITY.must contact COUNTY. Upon inspection by COUNTY:
(a) If COUNTY agrees malfunction is related to previous repair service,
COUNTY will repair equipment/material in question and .return it to service without
charge.
(b) If COUNTY disagrees malfunction. is related to previous repair service,
COUNTY will contact CITY for further repair instructions before proceeding on CITY`s
behalf.
10, COUNTY agrees to provide the following services at no cost:
(a) Coordinated Communications Systems BACKBONE maintenance and repair
including vendor subcontracts.
(b) Ongoing engineering support for current SYSTEM(S) BACKBONE and for
new/replacement SYSTEM(S) BACKBONE:
(c) Engineering support Including assistance to outside consultants in the
development.of stand-alone systems.
(d) COUNTY Coordinated Communications Center (Operations Unit)- staff support
and ongoing operational trainirig support for existing SYSTEM S).BACKB04E.
11. COUNTY agrees to provide a fixed location where vehicles a.nd equipment can be
brought in for service.
12. COUNTY agrees to provide field technicians for required field service.
13. COUNTY will not generally.provide services for equipment,liste.d in Appendix
2. If these services become available, all charges for services specified in Appendix
2 shall be borne by the CITY at the rates specified in Appendix 3.
14. Services set forth in Appendix 2 of this Agreement,sha.11 be reviewed annually.
15. (a) "SYSTEM BACKBONE" means that portion of the.rad.io communications system
that provides the means by which dispatch centers, fire and police stations, public
works units, mobile radios, portable radios, pagers, mobile data terminals and other
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COMMUNICATIONS AGREEMENT
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communications equipment communicate with each other and is composed of mobile relay
equipment, microwave equipment, and associated control equipment (e.g., remote base
stations, portable repeaters if collectively owned, the trunking control system on the
new fire communications system, microwave alarm systems, etc.). It includes those
systems created to support a coordinated approach to communications such as the law,
paramedic, fire and public works systems.
(b) "SYSTEM BACKBONE EQUIPMENT" is COUNTY -owned or cooperatively purchased
equipment in possession or control of the COUNTY General Services Agency that is
located on COUNTY -owned or leased sites or other officially designated sites and
serves one or more users.
(c) "SYSTEM FIELD EQUIPMENT" means that portion of the system that uses the
SYSTEM BACKBONE for communications and consists of dispatch centers, fire and police
stations, public works units, mobile radios, portable radios, pagers, mobile data
terminals, computer -aided dispatch equipment and any other equipment that cannot
operate independent of the SYSTEM BACKBONE. SYSTEM FIELD EQUIPMENT is purchased by,
in possession of, and owned by the individual users.
16. Nothing in this Agreement shall authorize or be construed as requiring COUNTY
to install or maintain any equipment of any kind in vehicles, buildings, or premises
not owned by or under lease to the CITY and under full-time control of CITY.
17. It is agreed that all charges for services specified in Appendix 1 shall be
borne by the CITY at the rates specified in Appendix 3 for the following services:
0 Maintenance Services
0 Installation Services
0 Training Services for New Technologies (To Be Negotiated)
0 Parts
18. CITY agrees to pay COUNTY for the services specified in Clause 17 based upon
detailed invoices submitted by the COUNTY.
19. Service charges set forth in Appendix 3 of this Agreement shall be reviewed
at least annually by the County. Thirty day notice shall be given to CITY if any rate
adjustments are to be made.
20. The COUNTY shall not, except in an emergency, be required to perform any of
the services herein agreed to be performed by COUNTY on Saturdays, Sundays, legal
holidays, or before 8:00 a.m, or after 4:30 p.m. Emergency call back services
performed during these periods on equipment specified in Appendix 1 will require
charges for a four (4) hour minimum call back period.
21. Invoices shall be rendered monthly by COUNTY to CITY and CITY agrees to pay
COUNTY within thirty (30) days after each billing.
22. This Agreement, effective November 1, 1988, supersedes all previous
agreements and will be in effect until further notice. Either party may terminate
this Agreement, in whole or in part, at any time on ninety (90) days notice in writing
to other party of its election to terminate the same,
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COMMUNICATIONS AGREEMENT
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23. With cause, COUNTY reserves the right to terminate this Agreement.
immediately, effective as soon as written notification of the termination.is given to
CITY by COUNTY. Cause may include non-payment of billings.
24. CITY and COUNTY agree that this Agreement does not include any rights of
access to the COUNTY facilities by CITY unless specifically approved by COUNTY..
25. Neither CITY nor any officer or employee thereof shall be responsible for any
damage or liability occurring by reason of anything done or omitted to be done by
COUNTY under or in connection with work, authority, or jurisdiction dol-ega.ted to
COUNTY under this Agreement.
It is also understood and agreed that pursuant to Government Code Section
895.4, CITY shall fully indemnify and hold COUNTY harmless from any 11-ability imposed
for injury (as defined by Government Code Section 810.8) occurring by reason or
anything done or omitted to be done by CITY under or in connectio.n with any work,
authority, or jurisdiction delegated to CITY under this Agreement.
26. Neither COUNTY nor any officer or employee thereof shall be responsible for
any damage or liability occurring by reason of anything .done or omitted to be done by
CITY under or in connection with work, authority, or jurisdiction d-elegated to CITY
under this Agreement.
It -is also understood and agreed that pursuant to.Government Code Section
895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed
for injury (as defined by Government Code Section 810.8) occurring by reason of
anything done or omitted. to be dome by COUNTY under o,r .i n connection with any work,
authority, or jurisdiction delegated to COUNTY under th:i's. Agreement.
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COMMUNICATIONS AGREEMENT
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their respective officers, duly authorized, upon the dates set forth opposite
their respective signatures.
Date:
1988
COUNTY OF ORANGE
04
By bu
Chairman of the Board of
Supervisors
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD.
I LINDA D. ROBERTS
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
Adrian Kuyper, County Counsel
Orange County, California
By
Date: 1988
CITY OF SANTA ANA
By
ATTEST:
By
APPROVIII'L RE OMKN'DED.
By
By
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APPENDIX 1
COUNTY OF ORANGE
COMMUNICATIONS AGREEMENT
EQUIPMENT SERVICES PROVIDED
The COUNTY will generally provide installation, removal, maintenance and
repair services on the following types of CITY -owned equipment:*
Mobile radios
Portable radios and chargers
Base stations
Remote control and dispatch consoles
Microwave systems
Mobile data equipment
*The COUNTY does not have the resources to properly maintain every manufacture
or model.
1 APPENDIX.2
2 COUNTY OF ORANGE
3 COMMUNICATIONS AGREEMENT
4 EQUIPMENT SERVICES NOT PROVIDED
6 The COUNTY will not generally provide installation, removal., maintenance, or.
repair services on the.following types of CITY -owned equipment:*
7
Radar equipment
Pagers and chargers
9.
Cellular telephones
10
Automatic vehicle location (AVLj equi.pme.nt
11
Video/closed circuit TV equipment
12
Computers
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AM/FM radios
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Scanners
1
Citizen hand radios
16
Sound systems amplifiers
17
Vehicle charging systems including batteries
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19 Light bars
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*The COUNTY currently does not have the resources necessary to support.thi:s
22 equipment in a cost effective manner.
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1 APPENDIX 3
2 COUNTY OF ORANGE
3 COMMUNICATIONS AGREEMENT
4 MAINTENANCE, INSTALLATION AND TRAINING RATES
5 _.
6 The following time and materials rates will be charged for services provided
by the COUNTY:
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8 a Maintenance Services $35.60/hr.
9 o Installation. Services $29.06./hr.
10 ° New Technology Training Services $.30.18hr.
11 U Parts Cost
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