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HomeMy WebLinkAboutMINUTES - 06192001 - SD.3 TO: BOARD OF SUPERVISORS FROM: WILLIAM B.WALKER, .D., HE LTH SERVI E IRE�TO^R n DATE: June 9 1 , 2001 ✓% �� "'�`' SUBJECT: Transfer of COMMUNITY WARNING SYSTEM from Contra Costa County CAER to Contra Costa County SPECIFIC REQUEST(S)OR RECOMME BAGKGRQUND AND JUSTIFICATION RECOMMENDATIONS: 1. APPROVE the following agreements concerning the Community Warning system and AUTHORIZE the Chair to sign them on,behalf of the County: A. Community Warning System Transfer Agreement. (Attachment 1) B. Agreement Between Contra Costa County and Hormann America, Inc.for Maintenance,Warranty Upkeep and Related Services for the Community Warning System.(Attachment 2) C. Community Warning System License and Operation and Maintenance Agreements with the following private facilities: •Ultramar Inc. • Rhodia Inc. •The Dow Chemical Company • Martinez Refining Company •Tosco Refining Compnay • Chevron Products Company(Attachment 3) D. Community Warning System License and Operation and Maintenance Agreements with the follownng public agencies: •City of Antioch •City of Martinez • City of Pinole • City of Richmond • San Ramon Valley Fire Protection • Bay Area Air Quality Management District District(Attachment 4) E. License Agreement with Mirant Delta, LLC(private facility)(Attachment 5) F. License Agreements with the following public agencies • City of San Pablo • Pittsburg Unified Sch. Dist. •West Contra Costa Unified Sch. Dist. • Mount Diablo Unified Sch. Dist. (Attachment 6) 2. APPROVE the Operations Protocol for the Community Warning System. (Attachment 7) 3. APPROVE the Hazardous Materials Incident Notification System(June 19, 2001 Revision. (Attachment 8) CONTINUED ON ATTACHMENT: XX YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): �APPMVED AS KEGIUMMENDED OTHER ACCEPTED the report from the Health Services Director.,and DIRECTED staff to return to the Board in 90 days with a report regarding the thresholds and differentiations in fees. VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an Action taken and entered on the minutes of the board UNANIMOUS(ABSENT i?.Jl)'te- of Supervisors on the date shown. AYES: NOES: —ABSENT: ABSTAIN: Attested:John Sweeten,Clerk of the Board of Supervisors and County Administrator Orig.:Health Services cc: ' By. Contact:Randy Sawyer 646-2879 uty . � f �., ._ f �� { ,- 1 I l l y �I I I I i I l k I II' �� e �4 I I i �I ___ I Board of Supervisors June 19,2001 Page 2 FISCAL IMPACT:The cost for the operations, maintenance and capital outlay for the Community Warning system for the first year is$1,400,000. In subsequent fiscal years, operations and maintenance costs are anticipated to be$850,000 annually. The costs of the Community Warning System will be recovered from Hazardous Materials Program fees charged to businesses and industry. BACKGROUND/REASONS FOR RECOMMENDATIONS: Seethe following June 19, 2001 Reportto the Board of Supervisors Regarding Community Warning System Transfer. JUNE 19, 2001 REPORT TO THE BOARD OF SUPERVISORS REGARDING COMMUNITY WARNING SYSTEM TRANSFER I. THE COMMUNITY WARNING SYSTEM The Community Warning System (CWS) is a combination of hardware and software designed to alert and notify the community and emergency response agencies when an incident occurs within the County that could impact the community. The hardware and software that have been installed include sirens, computer terminals, and radio transmitters and receivers. Following the transfer of the CWS to the County, the County will operate the CWS in its discretionary governmental capacity for the benefit of the residents of the County, particularly those residing near certain industrial facilities that could have accidental hazardous materials releases. The CWS includes forty (40) sirens (a few of which will not be transferred to the County at this time, as further discussed below) that are located on private and public property in the northern part of the County as follows: • Twenty-two (22) sirens are located in the Richmond and San Pablo area: o Two sirens at Chevron o One siren in the City of San Pablo o One siren at the West Contra Costa County School District o Eighteen sirens are located on the City of Richmond Four (4) sirens are located in the Rodeo and Crockett area: o One siren at Tosco o One siren at a Rodeo/Hercules Fire Protection District station o One siren at a park and ride owned by CalTrans o One siren on County_property • Five(5) sirens are located in the Martinez and Clyde area: o Two sirens at Martinez Refining Company o One siren on County property o Two sirens at Ultramar • Two (2) sirens are located in the Bay Point area: o One siren at the Riverview School District o One siren on County property • Seven (7) sirens are located in the Pittsburg, Antioch, and Oakley area: o Two sirens in the City of Pittsburg o One siren at Dow Chemical o One siren at Delta Diablo Sanitation District o One siren in the City of Antioch o One siren at Mirant Delta o One siren at Cline Cellars June 19, 2001 Report to the Board of Supervisors Regarding Community Warning System Transfer Page 2 The CWS also includes computer terminals at certain private facilities and public agencies, as follows: • Private Facilities that have computer terminals (and the number terminals at each location): o Chevron (2) o Tosco (3) o Equilon (2) o Rhodia (1) o Ultramar (2) o Dow Chemical (1) • Public Agencies that have computer terminals (and the number terminals at each location): o Contra Costa Health Services (2) o Contra Costa County Sheriff's Dispatch (1) o Contra Costa County Office of Emergency Services (1) o Contra Costa Fire Protection District (1) o City of Richmond (2) o Pinole Police and Fire Dispatch (1) o Martinez Police Dispatch (1) o Antioch Police Dispatch (1) o San Ramon Valley Fire Protection District (1) o Bay Area Air Quality Management District (1) o U. S. Coast Guard (1) o California Highway Patrol (1) The sirens are designed to alert people to shelter in place. The computer terminals at the different locations are designed to activate the CWS, which will do the-following: For a Level 3 event (see Hazardous Materials Incident Notification Policy below for a discussion of "Levels of events"), the CWS will sound sirens, notify emergency response agencies and media, and prompt the activation of the automated telephone dialing system. For Levels 0-2 events sirens are not activated, but agencies and the media will be notified depending on the Level of the event. June 19, 2001 Report to the Board of Supervisors Regarding Community Warning System Transfer Page 3 II. AGREEMENTS. Health Services is recommending that the Board approve the agreements specified in the recommendation section, above. The agreements are discussed in the following paragraphs. A. Community Warning System Transfer Agreement ("Agreement')...This Agreement transfers the ownership of the CWS from the Contra Costa County CAER Group, Inc. to Contra Costa County. As noted above the hardware and software that comprises the CWS has been installed at various locations. Various license agreements have been prepared for signature by those private facilities and public agencies that have CWS equipment on their properties, so that the County will have access to the equipment, e.g., for purposes of maintenance. At this time, a few of the private facilities and public agencies have not yet signed these license agreements. In order to facilitate the transfer of the CWS to the County, Health Services recommends that the County approve the Agreement, which provides for the transfer to the County of only such equipment that are either located on County property or for which license agreements have been obtained. At this time, the only private facilities and public agencies that have not yet signed license agreements for the equipment are: • License and Operations and Maintenance Agreements (for public agencies with computer terminals) o U. S. Coast Guard o California Highway Patrol • License Agreements (for private facilities and public-agencies with sirens only) o CalTrans o Delta Diablo Sanitation District o Rodeo/Hercules Fire Protection District o City of Pittsburg o Cline Cellars B. Agreement Between Contra Costa County and Hormann America, Inc. for Maintenance, Warranty Upkeep and Related Services for the Community Warning System ("Maintenance Agreement'). The Maintenance Agreement covers not only for the day-to-day maintenance of the CWS, but also provides for matters such as training and minor software and hardware upgrades. Hormann America, Inc. is a majority owned subsidiary of Hormann GMBH, whose proprietary software is used June 19, 2001 Report to the Board of Supervisors Regarding Community Warning System Transfer Page 4 in the CWS. The president of Hormann America, Inc. is Efraim Petel, who was instrumental in the design and installation of the CWS. In addition to a one-time set-up fee of $32,940, the Maintenance Agreement calls for annual payments of $411,486 from years 1-5, and $444,405 from years 6-10. C. Community Warning System License and Operation and Maintenance Agreements with private facilities. These agreements provide for the facilities' operation of the CWS pursuant to the Operations Protocol to be adopted by the Board. The agreements also grant to the County, licenses to place the equipment on the property of these private facilities. The agreements also provide that the facilities continue to be responsible for all liability associated with releases from their facilities. Agreements will be entered with the following: o Chevron o Tosco o Equilon o Rhodia o Ultramar o Dow Chemical All agreements are identical in terms. D. Community Warning System System License and Operation and Maintenance Agreements with Public Agencies. These agreements provide for operation of the CWS pursuant to the Operations Protocol to be adopted by the Board. These agreements also grant to the County, licenses to place the equipment on the property of these agencies. Agreements have been entered with the following: o City of Richmond o Pinole Police and Fire Dispatch o Martinez Police Dispatch o Antioch Police Dispatch o Bay Area Air Quality Management District o San Ramon Valley Fire Protection District All agreements are identical except for the agreement with the City of Richmond, which requested a few non-substantive changes. A copy of the Agreement with the City of Richmond is attached as Attachment 9. June 19, 2001 Report to the Board of Supervisors Regarding Community Warning System Transfer Page 5 E. License Agreements. License Agreements will be entered with Mirant Delta, LLC ("Mirant,"a private facility) and a number of public agencies that have sirens placed upon their properties, granting to the County, licenses to place the equipment on the properties of these agencies. All public agency agreements are identical. The agreement with Mirant provides for Mirant's continued responsibility for releases from its facility. III. OPERATIONS PROTOCOL FOR THE COMMUNITY WARNING SYSTEM (ATTACHMENT 7) The Operation Protocols for the Community Warning system ("Operations Protocol") is a policy and guidance document to assist in the use of the CWS. It covers matters such as • Who will operate the system. • What the system does. • When the system would be used and under what conditions. The Operations Protocol is divided into chapters that are designed to "stand alone" in difference situations. For example, Chapter 2 covers incidents involving releases from facilities with CWS computer terminals. In developing the Operations Protocol, Health Services received input and assistance from other emergency response agencies, industrial facilities and members of the community. Health Services recommends that the Board approve the Operations Protocol submitted herewith. IV. HAZARDOUS MATERIALS INCIDENT NOTIFICATION POLICY (ATTACHMENT 8) The purpose of this Hazardous Materials Incident Notification Policy ("Policy") is to promote prompt and accurate reporting to Health Services of releases or threatened releases of hazardous materials that may result in injury or damage to the community and/or environment. The policy was first adopted in 1991 and was revised in January 1993. The primary reasons for this second revision of the Policy is to incorporate changes due to the County's ownership of the CWS. The Policy creates and defines 4 levels of events involving hazardous materials releases or potential releases, requiring different notifications and responses. For example, Level 0 is for releases causing minimal concern and requires only communication to Health Services. On the other end of the spectrum are Level 3 events. Level 3s are major events involving releases June 19, 2001 Report to the Board of Supervisors Regarding Community Warning System Transfer Page 6 expected to have, at least, transitional health effects to the community. During a level 3 event, sirens will be sounded, emergency response agencies and the media will be notified, the National Weather Service will send messages through its system (which contacts NOAA weather radios), and the automated telephone dialing system will be used. Levels 1 and 2 are intermediate between levels 0 and 3. Sirens are sounded only during level 3 events. In developing the Policy, Health Services received input and assistance from other emergency response agencies, industrial facilities and members of the community. Health Services recommends that the Board approve the Policy. V. CAER CONTRIBUTION. As the Board is aware the Contra Costa County CAER Group, Inc., a private nonprofit organization, initially purchased and supervised the installation of the CWS. Health Services staff has worked closely with the CAER since the inception of the project. In addition, the CAER Group has pledged its continued cooperation in matters such as community education and generally towards improving the CWS. Contra Costa Health Services takes this opportunity to express its sincere gratitude to the CAER Group and its members for their efforts in bringing this project to fruition. COMMUNITY WARNING SYSTEM TRANSFER AGREEMENT 1. Effective upon the date executed by both parties hereto,this Community Warning System Transfer Agreement("Transfer')is entered into by and between the County of Contra Costa,a political subdivision of the State of California("County'),and Contra Costa County CAER Group, Inc.,a California non-profit public benefit corporation("CAER"). 2. CAER and County have agreed to the terms set forth in the AGREEMENT REGARDING TRANSFER OF COMMUNITY WARNING SYSTEM("Agreement'),a copy of which is attached hereto as Exhibit 1 and incorporated herein by this reference. 3. CAER and County desire to enter the Agreement;however,not all supporting agreements have been executed,and may or may not be executed in the near future(e.g.,license agreements permitting the County to have components of the Community Warning System on specified property). 4. So as not to delay transferring the majority and critical components of the Community Warning System to the County pending the execution of the agreements referred to section 3,County and CAER agree that CAER shall transfer to the County,and County shall accept from CAER all of the components of the Community Warning System located on County property or on property for which the owner has entered an agreement with the County,giving the County permission to place components of the Community Warning System on the property. 5. The transfer of components of the Community Warning System to the County pursuant to Section 4,above,shall be subject to the terms set forth in the Agreement. 6. After die effective date of this Transfer,additional components of the Community Warning System may be branskrred to County,.and County,under the terms,provided herein,intends to accept from CAER said components;upon the execution of agrc=ents_by and betweea the County and the ptnperty owners,which agreements shall be subject to the same terms as agnced to by.and between the Cormty and similarly situated property owners. CONTRA COSTA'COUNTY CAER '.COUNTY OF CONTRA-COSTA,a GROUP,INC.,a California non-profit political subdivision of the State of public benefit oocpomtion California By. By.. Name: fzLlled C. Chair,Board of Supervisors Its. 4f4v" aA Date: RX f/1, Zo&/ ATTEST:John Sweeten,Clerk of the Board of Supervisors and County By. Administrator Name: rw Its: Date: tA�I& Z fl0 l By. Deputy Clerk Date: MW 10,2001 HAHAZMATCW%TRAN8M14S100l-WO AGREEMENT REGARDING TRANSFER OF COMMUNITY WARNING SYSTEM Page 2 ARTICLE 2 DONATION OF THE COMMUNITY WARNING SYSTEM Section 2.1 Donation of the Community Warning System. CAER has completed the purchase of the Community Warning System, including payment of all applicable taxes and costs, and now desires to donate the Community Warning System to the County. Upon the effective date of this Agreement, ownership and possession of the Community Warning System shall be . deemed transferred to the County. From and after the effective date of this Agreement, CAER shall have no further responsibility for and shall not have any obligation to make any monetary contribution of any type or nature with respect to the Community Warning System. Section 2.2 As-Is Donation. COUNTY REPRESS.*.ITS,WARRANTS.AND COVENANTS TO CAER THAT COUNTY HAS,TO THE EXTENT THAT COUNTY DESIRES TO DO SO,INDEPENDENTLY AND PERSONALLY INSPECTED THE COMMUNITY WARNING SYSTEM. COUNTY AGREES THAT COUNTY'S ACCEPTANCE OF THE PROPERTY,IN ITS PRESENT CONDITION,WILL BE AS-IS AND WITH ALL ITS FAULTS. NO PERSON ACTING ON BEHALF OF CAER IS AUTHORIZED TO MAKE,AND BY EXECUTION HEREOF,COUNTY ACKNOWLEDGES AND AGREES THAT CAER HAS NOT MADE,DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS,WARRANTIES,PROMISES, COVENANTS,AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER,WHETHER EXPRESS OR IMPLIED,ORAL OR WRITTEN,PAST,PRESENT OR FUTURE,OF,AS TO,CONCERNING OR WITH RESPECT TO: (I) :THE;VALUE OF THE COMMUNITY WARNING SYSTEM; (II) THE SUITABILITY OF THE COMMUNITY WARNING SYSTEM FOR ANY AND ALL ACTIVITIES AND USES WHICH COUNTY MAY DESIRE TO MAKE OF SUCH COMMUNITY WARNING SYSTEM; (Ell). THE MERCHANTABILITY,MARKETABILITY,OR FITNESS FOR A PARTICULAR PURPOSE OF THE COMMUNITY WARNING SYSTEM; (IV) THE MANNER,QUALITY,STATE OF REPAIR OR LACK OF REPAIR OF THE COMMUNITY WARNING SYSTEM; (V) THE COMPLIANCE OF OR BY THE COMMUNITY WARNING SYSTEM OR ITS OPERATION WITH ANY LAWS,RULES,ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY; (VI) THE MANNER,CONDITION OR QUALITY OF THE CONSTRUCTION OR MATERIALS,IF ANY,INCORPORATED INTO THE COMMUNITY WARNING SYSTEM; (VII) COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION,POLLUTION OR LAND USE LAWS,RULES,REGULATION,ORDERS OR REQUIREMENTS,INCLUDING BUT NOT LIMITED TO,THE ENDANGERED SPECIES ACT,TITLE III OF THE AMERICANS WITH DISABILITIES ACT OF 1990 April 9.2001 AGREEMENT REGARDING TRANSFER OF COMMUNITY WARNING SYSTEM Pagc 4 BEHALF OF CAER WITH RESPECT TO THE COMMUNITY WARNING SYSTEM AND ANY PROPERTY WHEREON THE COMMUNITY WARNING SYSTEM IS LOCATED WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT CAER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. COUNTY FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW,THE DONATION OF THE COMMUNITY WARNING SYSTEM AS PROVIDED FOR HEREIN IS MADE ON AN"AS-IS"CONDITION AND BASIS WITH ALL FAULTS,AND THAT CAER HAS NO OBLIGATION TO MAKE REPAIRS, REPLACEMENTS OR IMPROVEMENTS TO THE COMMUNITY WARNING SYSTEM AT ANY TIME,FOR ANY PURPOSE. ARTICLE 3 OPERATION AND MAINTENANCE OF THE COMMUNITY WARNING SYSTEM Section 3.1 No Operation and Maintenance of the Community Warning System by CAER. From and after the effective date of this Agreement, CAER will not operate,maintain or repair the Community Warning System or any component thereof. ARTICLE 4 RELEASE Section 4.1 Release. <Except as expressly provided in this agreement, County and anyone claiming by,through or under County hereby fully and irrevocably releases CAER, and each of CAER's employees,officers, directors;representatives,agents, servants, attorneys, affiliates,parent companies, subsidiaries;successors and-assigns,and all persons,,firms, corporations;organizations and public agencies of any-type or nature,participating in or:funding CAER,or,acting on CAER's behalf-(individually-a"CAER group member"and collectively'the "CAER group members'),,.to the extent that they are acting on CAER's behalf in their capacity as a CAER group member,from'anyAnd all claims that it may now have or hereafter acquire'against CAER or any of the CAER group members to the extent that they are acting on CAER's behalf,-in their capacity as a CAER group member, for any costs,loss, liability,damage, expenses, demand, action or cause of action arising from or related to: (I)- INFORMATION OR DOCUMENTATION PROVIDED BY CAER OR THE CAER GROUP MEMBERS ON BEHALF OF CAER TO THE COUNTY CONCERNING THE COMMUNTIY WARNING SYSTEM. CAER AND THE CAER GROUP MEMBERS ARE NOT LIABLE OR BOUND IN ANY MANNER BY ANY ORAL OR WRITTEN STATEMENTS,REPRESENTATIONS OR INFORMATION FROM ANY PARTY PERTAINING TO THE COMMUNITY WARNING SYSTEM; (II) ANY DESIGN OR CONSTRUCTION DEFECTS,ERRORS,OMISSIONS OR OTHER CONDITIONS,LATENT OR OTHERWISE,GEOTECHNICAL OR SEISMIC,AFFECTING THE COMMUNITY WARNING SYSTEM,THE SYSTEM LOCATIONS,OR ANY PORTION THEREOF INCLUDING,WITHOUT LIMITATION,ENVIRONMENTAL MATTERS OF ANY TYPE OR NATURE; April 9.2001 AGREEMENT REGARDING TRANSFER OF COMMUNITY WARNING SYSTEM Page 6 ARTICLE 5 NIISCELLANEOUS Section 5.1 Notices. Any notices required or permitted to be given hereunder shall be given in writing and shall be delivered(i) in person, (6) by certified mail, postage prepaid, return receipt requested, or (iii) by a commercial overnight courier that guarantees next day delivery and provides a receipt, and such notices shall be addressed as follows: CAER COUNTY Contra Costa County CAER Group, Inc. Contra Costa County 1320 Arnold Drive, Suite 271 County Administrator P.O. Box 668 651 Pine Street, 11 th Floor Martinez, CA 94553 Martinez, California 94553 Att'n: Executive Director Telephone: (925) 335-1086 Telephone: (925) 313-9296 with copy to: with copies to: Pamela J. Reed, Esq. Director, Hazardous Materials Program Morrison&Foerster LLP Health Services Department 101 Ygnacio Valley Road, Suite 450 4333 Pacheco Boulevard Walnut Creek, California 94596 Martinez, CA 94553 Telephone: (925)295-3304 Telephone: (925)646-2286 Silvan B. Marchesi, County Counsel 651 Pine Street, 9th Floor Martinez,`CA 94553 Attn: Lillian T. Fujii, Deputy County Counsel Telephone: (925) 335-1814 or to such other address as either party may from time to time specify in writing to the other party. Any notice shall be effective only upon delivery. Section 5.2- Entire Agreement. This Agreement together with the Exhibits hereto constitutes the entire understanding between the parties with respect to the donation of the Community Warning System by CAER to the County. Any prior correspondence, memoranda, agreements, Board Orders or Resolutions,or any other documents related thereto are superseded in their entirety by this Agreement and the Exhibits hereto. Section 5.3 AttomesY'Fees. If either party hereto fails to perform any of its obligations under this Agreement, if any dispute arises between the parties hereto concerning the meaning or interpretation of any provision of this Agreement, or if any dispute arises with respect to the enforcement of any judgment relating to the Agreement,then each party shall bear its own costs and attorneys'fees. April 9,2001 EXHIBIT A BOARD ORDER April 9,2001 EXHIBIT B EQUIPMENT DESCRIPTION AND INVENTORY BY SYSTEM LOCATION April 9,200! Community Waminq System -Equipment List Contra Costa County Community Warning System Eq.uIpmen-t List Last updated on March 6, 2001 Page- 1 Community Warning System -Equipment List Table of contents: FACILITY: CWS TERMINAL-CCC SHERIFF DISPATCH (COMM 1)..............................5 FACILITY: CWS TERMINAL-CC HEALTH DEPARTMENT(CCHS)................................6 FACILITY: CWS TERMINAL-CC HEALTH SERVICES-MOBILE(HSDMOB) ..............6 FACILITY: CWS TERMINAL-CCC FIRE PROTECTION DISTRICT(CCCFPD)..............7 FACILITY: CWS TERMINAL-RICHMOND PD 911 CENTER(RICHPD)...........................8 FACILITY: CWS TERMINAL-RICHMOND PD MOBILE VAN(RCHMOB).......................8 FACILITY: CWS TERMINAL-PINOLE PD 911 CENTER(PINPD)...................................9 FACILITY: CWS TERMINAL-ANTIOCH PD 911 CENTER(ANTPD)................................10 FACILITY: CWS TERMINAL-CHEVRON ADMIN BUILDING(CHVADM)........................11 FACILITY: CWS TERMINAL-CHEVRON FIRE DISPATCH(CHVFIR).............................12 FACILITY: CWS TERMINAL-MRC/EQUILON-SECURITY(MRCSEC)........................13 FACILITY: CWS TERMINAL-MRC/EQUILON-EOC(MRCEOC).................................13 ` FACILITY: CWS TERMINAL-CCC OES(CCCOES)..........................................................14 FACILITY: CWS TERMINAL-ULTRAMAR GOLDEN EAGLE SEC(UDSSEC):..............15 FACILITY: CWS TERMINAL-ULTRAMAR GOLDEN EAGLE EOC(UDSEOC)..............15 FACILITY: CWS TERMINAL-TOSCO RODEO EOC(TSREOC)......................................16 FACILITY:CWS TERMINAL-TOSCO RODEO ADM(TSRADM)........::...........................17 FACILITY:TOSCO RODEO TERMINAL-,MOBILE(TSRMOB)................................... .17 FACILITY:CWS TERMINAL-DOW CHEMICAL(DOWCHM)......................................•.':.18 FACILITY:CWS TERMINAL-RHODIA,MARTINEZ(RHODIA)........................................19 FACILITY:CWS TERMINAL-SAN RAMON FIRE SRFIRE ........20 FACILITY: CWS TERMINAL-MARTINEZ PD(MRTZPD).................................................21 FACILITY:CWS TERMINAL-BAY AREA AIR QUALITY MEASUREMENT DISTRICT (BAAQMD).............................................................................................................................22 FACILITY:CWS TERMINAL-US COAST GUARD(USCG).......................... ..23 FACILITY: CWS TERMINAL-CALIFORNIA HIGHWAY PATROL(MRTERM)................24 FACILITY: CONTRA COSTA TV(CCTV)............................................................................26 FACILITY: BALD PEAK NODE SITE...................................................................................28 FACILITY: KREGOR NODE SITE........................................................................................29 iFACILITY: CUMMINGS NODE SITE....................................................................................30 FACILITY: HIGHLAND NODE SITE.....................................................................................31 FACILITY: SIREN B01-BAY POINT,RIVERVIEW SCHOOL...........................................34 ` FACILITY:SIREN B02-BAY POINT,WILLOW PASS FIRE STATION............................35 FACILITY: SIREN M01 -MARTINEZ-COUNTY ADMIN.BUILDING.................................36 FACILITY: SIREN M02-MARTINEZ, REFINING COMPANY SUB 1................................37 Last updated on March 6, 2001 Page-2 Community Warning System -Equipment List FACILITY: SIREN M03-MARTINEZ,VINE HILL...............................................................38 FACILITY: SIREN M14-UDS,GOLDEN EAGLE REFINERY...........................................39 FACILITY: SIREN MIS-UDS,CLYDE........................................... .40 . .................................. FACILITY: SIREN P01 -ANTIOCH, DELTA DIABLO.........................................................41 FACILITY: SIREN P02-ANTIOCH,WATER TREATMENT...............................................42 FACILITY: SIREN P03-ANTIOCH,PG&E PLANT............................................................43 FACILITY: SIREN PO4-OAKLEY,BIG BREAK MARINA.................................................44 FACILITY: SIREN R01 -RICHMOND,CRTC......................................................................45 FACILITY:SIREN R02-RICHMOND,SCHOOL WAREHOUSE.........................%.............46 FACILITY: SIREN R03-RICHMOND,CHEVRON REFINERY..........................................47 FACILITY: SIREN R04-HALL OF JUSTICE.......................................................................48 FACILITY:SIREN R06-RICHMOND,DORNAN DRIVE...................................................50 FACILITY:SIREN R07-RICHMOND,BRICKYARD COVE..............................................51 FACILITY:SIREN R08-RICHMOND,WRIGHT AVENUE.............................:................... 52 FACILITY:SIREN R09-RICHMOND,REGATTA BOULEVARD......................................53 FACILITY:SIREN R10-RICHMOND,SUTTER&PLACER.............................................54 FACILITY:SIREN RI I-RICHMOND,BARRETT&DIM...................................................55 FACILITY:SIREN R12-RICHMOND,MCBRYDE I LASSEN...........................................56 FACILITY:SIREN R13-RICHMOND,15TH&VISALIA....................................................57 FACILITY:SIREN R14-SAN PABLO,DAVIS PARK........................:...............................58 FACILITY:SIREN RIS-RICHMOND,FAIRMEAD PARK.................................................59 FACILITY:SIREN R16-SAN PABLO,BROADWAY&17 STREET................................60 FACILITY:SIREN R17-RICHMOND,SAN PABLO AVE&RICHMOND PKWY.............61 FACILITY:SIREN R18-RICHMOND,HILLTOP DRIVE&PARK C.................................62 FACILITY:SIREN R19-RICHMOND,WILLIAMS DRIVE&MOGLOT.............................63 FACILITY:SIREN R20-RICHMOND,PAAR BOULEVARD&3RD ST...........................64 FACILITY:SIREN R21-RICHMOND,WHARF STREET....»............................................65 FACILITY:SIREN R22-RICHMOND,HARBOR WAY&HALL........................................66 FACILITY:SIREN S01 -PITTSBURG,RAILRYARD..........................................................67 FACILITY:SIREN S02-PITTSBURG WATER TREATMENT............................................68 FACILITY: SIREN S03-PITTSBURG,DOW CHEMICAL..................................................69 FACILITY: SIREN T01-TOSCO,RODEO..........................................................................70 FACILITY.SIREN T02-RODEO FIRE STATION................................................................71 FACILITY:SIREN T03-CROCKETT-WEST.....................................................................72 FACILITY:SIREN T04-CROCKETT-EAST.....................................................................73 Last updated on March 6, 2001 Page - 3 I .. I Community Warning System -Equipment List I ' I I I I I I I I i I i i i I I I CCC CWS Terminals i Detailed List i I . I - I ; I I Last updated on March 6, 2001 Page.. 4 Community Waming System -Equipment List Facility: CWS Terminal — CCC Sheriff Dispatch (COMM 1) Description Model Number Quantity 12 VDC Power Supply Astron-RS-35BB 1 19" Monitor Sylvania 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 600 VA UPS APC-Smart UPS-600VA 1 2000 VA UPS APC-Smart UPS-2000VA 2 Maxtrac LB Data Motorola-D51 MJA97A3-K 4 PC Switcher 4 inputs 1 CWS Terminal Computer SAGE-CANCom 1 CompuLert Computer ASC 1 Monitor Computer SAGE-CANCom 1 PPM Computer SAGE-CANCom 2 EDIS Interface Computer [Will 2 -AC Console ACON 1 KVM II'Receiver EASY.-AC07.2A - 1 KVM II Xmitter ,, Eas AC07.2A:_.__ 1 LB Antenna Decibel-DB-205A..-...., 2 :LB Lightning Arrester ;. ;- Rolybhaser IIS-B50LN,-_ _. - _ CO Mouse Microsoft-Serial Mouse 1 Packet Controller AEA—PK90 4 Radio/PK90 Shelf Howell-custom 3 UHF Antenna Decibel-DB-408 1 Various Cables&Connectors "= S-N/A ° ` _ LOT Computer Controller ETG-V8 1 DTMF Encoder N/A 1 Coni uLert Central ASC` ` 1 UHF Maxtrac for CLERS -Motorola 2 ENDEC SAGE 2 Relay and Audio EAS box 1 Coaxial switch 1 Short Haul Modems BlackBox 3 pairs Last updated on March 6, 2001 Page- 5 Community Warning System -Equipment List Facility: CWS Terminal — CC Health Department (CCHS) i Description Model Number Quantity i i 12 VDC Power Supply Astron-RS-3566 1 19" Monitor Sylvania 1 14" Monitor CTX-1451 ES 1 19" Steel Rack MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 600 VA UPS APC-Smart UPS-600VA 1 2000 VA UPS APC-Smart UPS-2000VA 1 Low Band MHz Maxtrac Motorola-D51 MJA97A3-K 3 CWS Terminal Computer Sage-STornp 1 Com uLert Computer N/A 1 I CWS Terminal Console Sa e-STCON 1 CWS Hub Termina; Computer General Computers 1 LB Antenna Decibel-DB-205A 3 LB Lightning Arrester Pol haser-IS-B50LN-CO 3 M, K bd, Mouse Receiver EASY-AC250A 1 M, K bd,-Mouse Xmitter Easy AC250A 1 Packet Controller AEA-PK90 2 Radio/PK90 Shelf Howell-custom 2 Various Cables &Connectors N/A ,:LOT Printer with Hypercable Hl'710 1 4 1 Com uLertCentral ;. ASC - ;.. 1 . i Furtiiture/Gart ; Global-AC5170 facility: CWS Terminal — CC Health Seivices Mobile -hsdmob Description Model-Number -,Quanta ` 37.12 MHz Maxtrac Motorola-D51•MJA97A3-K 1 486 DX2 Laptop Computer Epson 1 LB Antenna TAB-1012 1 j Packet Controller AEA•-PK90 1 Radio/PK90/CR Shelf Howell-custom 1 Various Cables & Connectors NIA 1 �I i Last updated on March 6, 2001 Page,-6 Community Warning System -Eauiament List Facility: CWS Terminal — CCC Fire Protection District (CCCFPD) Description Model Number Quanti 12 VDC Power Supply Astron-RS-35BB 1 19" Monitor SAMTRON 1 14' Monitor CTX SVGA 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 Furniture/Cart Global-AC5170 1 600 VA UPS APC-Smart UPS-600VA 1 1250 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 2 LB Antenna Decibel-DB-205A 2 LB Lightning Arrester Pol haser-IS-B50LN-CO 2 CWS Terminal Computer -SAGE-CANCom 1 Com ul-erf Computer SAGE-CANCom 1 CWS Terminal Console - = - -Sage-ST-C-ON --- - - 1 M, Kybd,-Mouse Receiver EASY-AC233A------_- - 1 M;K d; Mouse Xmitter-- Mouse ':-Microsoft-Serial Mouse- Ke oafd==- _ Vanous- Com ul-ert Central 960 FSK 1 Vadous-Cables,& Coniieators•- Last updated on March 6, 2001 Page -7 Community Warning System -Equipment List Facility: CWS Terminal - Richmond PD 911 Center (richpd) Description Model Number Quantity 12 VDC Power Supply Astron-RS-35BB 1 19" Monitor Sylvania 2 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 Furniture/Cart Global-AC5170 1 i 600 VA UPS APC-Smart UPS-600VA 1 1250 VA UPS APC-Smart UPS-1250VA 1 2000 VA UPS APC-Smart UPS-2000VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA -PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyp haser-IS-B50LN-CO 1 CWS Terminlal Computer Sage-AComp 1 i CWS Terminal Console Sa e-STCON 1 M, K bd,--Mouse Receiver EASY-AC233A K 1 M, bd, Mouse Xmifter Easy AC231A 1 Mouse Microsoft-Serial Mouse 1 Keyboard Various 1 . A/B-switch .. . -... 1 VariousCables&Connectors;: y_.._.__._..-N/A,- _. - Lot,;:; ; :„ �. =ShortKnurrUM1.-244:030:1 :...., .:,1. „...._ Short Haul Modems 2- pairs—:,..a Terminal-PC.— .. _. :Z l;-, .--CS401--box-.�vith , Asus._...�_. '-AT- -MB and 233 MMX-Pentium'" Facility: CWS Terminal — Richmond PD Mobile Van (rchmob) Descri on Model Number Quantity 37.12 MHz Maxtrac Motorola-D51 MJA97A3-K 1 486 DX2 Laptop Computer Epson 1 LB Antenna TAB-1012 1 Packet Controller AEA-PK90 1 Radio/PK90/CR Shelf Howell-custom 1 Various Cables &Connectors N/A 1 Last updated on March 6, 2001 . Page-8 Community Warning System -Equipment List Facility: CWS Terminal — Pinole PD 911 Center (pinpd) Description Model Number Quanti 12 VDC Power Supply Astron-RS-351313 1 • 19" Monitor SAMTRON 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 Furniture/Cart Global-AC5170 1 600 VA UPS APC-Smart UPS-600VA 1 2000 VA UPS APC-Smart UPS-2000VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyphaser-IS-B50LN- 1 CO. CWS Terminal Computer Sa e-ACom 1. . CWS Console Sa e-ACON.. . M, K d;;Mouse Receiver EASY7AC233A - 1-_ _ M, KYbdWouseXrnitter +Eas AC231A'..`__: Community Warning System -Equipment List I j Facility: CWS Terminal - Antioch PD 911 Center (antpd) Description Model Number Quantitv I 12 VDC Power Supply Astron-RS-35BB 1 19" Monitor Sylvania 1 600 VA UPS APC-Smart UPS-600VA 1 2000 VA UPS APC-Smart UPS-2000VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyphaser-IS-B50LN-CO 1 j CWS Terminal Computer Sage-ACornp 1 CWS Terminal Console Sa e-ACON 1 M, Kybd, Mouse Receiver(1/0 EASY AC233A 1 Driver M, Kybd, Mouse Xmitter(1/0 Easy-AC231A 1 Driver Mouse : - ;Microsoft-Serial.Mouse .. 1 Ke board Various: I . Printer With"Hko6ed4ble 2 wa _. HP Various Lot: I i I i I I i Last updated on March 6, 2001 Page- 10 II Community Wamino Svstem -Equipment List Facility: CWS Terminal - Chevron Admin Building (chvadm) Description Model Number Quanti 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor IBM SVGA 1 19" Steel Rack/fan/thermo MAP-N/A j 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 600 VA UPS APC-Smart UPS-600VA 1 1250 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf . Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 .. LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyphaser-IS-B50LN- 1 CO CWS Terminal Computer Sage-Acomp 1 CWS Terminal Console Sa e-ACON 1 M, Kybd,.Mouse Receiver EASY-AC233A 1 M, K d,:Mouse Xmitter. Easy AC231A 1 Mouse/Keyboard shelf MAP-N/A 1 Mouse `: Microsoft-Serial-Mouse 1 Keyboard Various 1 Printer HP 1 Push Button Box Custom 1 Various Cables &Connectors NIA Lot Last updated on March 6, 2001 Page- 11 Community Warning System -Equipment List Facility: CWS Terminal - Chevron Fire Dispatch (chvfir) Description Model Number Quant! I 12 VDC Power Supply Astron-RS-3566 1 14' Monitor CTX SVGA 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 • 1250 VA UPS APC-Smart UPS-1200VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-1351 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 i LB Lightning Arrester Polyp haser-IS-B50 LN- 1 CO f CWS Terminal Computer Sa a-ACom 1 Mouse/Keyboard shelf MAP-N/A 1 i Mouse Microsoft-Serial Mouse 1 Keyboard Various - 1 Push Button Box - Custom 1 Strobe/Buzzer RS-Strobe -N/A- Various Cables & Connectors f f Last updated on March 6, 2001 Page- 12 Community Warning System-Equipment List Facility: CWS Terminal — MRC / Equilon -Security (mresec) jj Description Model Number Quantity 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor CTX SVGA 1 1250 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Pol haser-IS-B50LN-CO 1 Pentium Computer Sa a-ACom 1 Mouse Decca-Mouse 1 Keyboard Various 1 Printer HP 1 Strobe/Buzzer RS-Strobe 1' Various Cables & Connectors N/A Lot' Push Button Box Custom 1 Facility: CWS Terminal — MRC 1 Equilon — EOC (mrceoc) Descrion Model.Number Quantity, 37.12 MHz Maxtrac Motorola-D51 MJA97A3=K 1 Custom Computer General Technic 1 LB Antenna Decibell DB-205A 1 Ughtning Arrestor Pol haser-IS-B50LN-CO . 1 Packet Controller AEA-PK90 1 Radio/PK90/CR Shelf Howell-custom 1 Various Cables & Connectors N/A LOT Short Rack Elma 38-01525-01 1 UPSAPC 600 1 Last updated on March 6, 2001 Page - 13 i Community Warning System -Equipment List Facility: CWS Terminal - CCC OES (cccoes) i Description Model Number Quantity 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor CTX SVGA 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 j 1250 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyphaser-IS-B50LN- 1 CO CWS Terminal Computer Sage-AComp 1 CWS Terminal Console Sa e-STCON 1 Mouse/Keyboard shelf MAP-N/A 1 Mouse Microsoft-Serial Mouse 1 Ke board Various 1 Strobe Light Various 2 Various Cables & Connectors N/A Lot I I I i I I i it Last updated on March 6, 2001 Page.- 14 I I Community Warning System-Equipment List Facility: CWS Terminal — Ultramar Golden Eagle SEC (udssec) Description Model Number . Quantity 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor IBM SVGA 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1. 1250 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller . AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Po! haser-IS-B50LN-CO 1 CWS Terminal Computer Sa e-ACom 1 Mouse/Keyboard shelf MAP-N/A 1 Mouse Microsoft-Serial Mouse 1 Keyboard Various 1 Printer HP 1 StrobelBuzzer RS-Strobe 1 Various Cables &Connectors N/A Lot Facility:-:CWS Terminal --Ultramar--Golden Eagle EOC (udseoc) Description Model Number Quantity 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor IBM SVGA 1 19"Steel Rackffan/thermo MAP-N/A 1 19"Steel Rack Front Door MAP-N/A 1 19"Steel Rack Rear Door MAP-N/A 1 1250 VA UPS APC-Smart UPS-600VA 1.- Radio/PK90 Sheff Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Pol haser-IS-B50LN-CO 1 L erminal Com uter Sa e-ACom 1 Microsoft-Serial Mouse 1 rd Various 1 HPutton Unit Hormann America Cables &Connectors N/A Lot Last updated on March 6, 2001 Page- 15 Community Warning System -Equipment List Facility: CWS Terminal — Tosco Rodeo EOC (tsreoc) Including the Marine Terminal Description Model Number Quantitv 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor CTX SVGA 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear DoorMAP-N/A , 1 600 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 2 LB Antenna Decibel-DB-205A . 2 LB Lightning Arrester Polyp haser-IS-B50LN-CO 1 CWS Terminal Computer Sa e-ACom 1 Mouse/ Keyboard shelf MAP-N/A 1 Mouse Microsoft-Serial Mouse 1 Keyboard Various • 1 Various Cables &Connectors N/A Lot Compul-ert 960 (central & ASC 2 remote Push Button Box ' Custom 1 .... ._ P .... ` ,....... rk,.�°}•"moi�ir - i Last updated on March 6, 2001 Page- 16 Community Warriing System -Equipment List Facility: CWS Terminal — Tosco Rodeo ADM (tsradm) Descri tion Model Number Quantity 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor CTX SVGA 1 19" Short Steel Rack MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 600 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Pol haser-IS-B50LN-CO 1 CWS Terminal Computer Sa e-A Notebook 1 Mouse/Keyboard shelf MAP-N/A 1 Keyboard Various 1 Printer HP 1 11 Various Cables & Connectors N/A Lot Facility: ;Tosco Rodeo Terminal - Mobile.(tsrmob) Description Model Number Quantity 37.12 MHz Maxtrac Motorola-D51 MJA97A3-K 1 ROCY Laptop Computer Rocky 1 LB Antenna TAB-1012 1 Packet Controller AEA-PK90 1 Radio/PK90/CR Shelf custom 1 Various Cables &Connectors N/A 1 Last updated on March 6, 2001 Page- 17 Community Warning System-Equipment List Facility: CWS Terminal — Dow Chemical (dowchm) i Description Model Number Quantity 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor CTX SVGA 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 600 VA UPS APC-Smart UPS-600VA 1 1250 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Pol haser-IS-B50LN-CO 1 CWS Terminal Computer Sage-ACornp 1 CWS Terminal Console Sa e-ACON 1 M, Kybd, Mouse Receiver EASY-AC233A 0 M, Kybd, Mouse Xmitter Eas AC231A . 0 Mouse Microsoft-Serial Mouse 1 Keyboard NA 1 Strobe/Buzzer - ..RS-Strobe ' ;per;_.. :;.,'a1 Various Cables &Connectors N/A . Lot Last updated on March 6, 2001 Page- 18 Community Waming System-Equipment List Facility: CWS Terminal Rhodia, Martinez (rhodia) Description Model Number Quantity 12 VDC Power Supply Astron-RS-3566 1 14' Monitor CTX SVGA 2 600 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Pol haser-IS-B50LN-CO 1 CWS Terminal Computer Sa e-ACom 1 Keyboard Various 1 Short Haul Modem EAZY SHM-B 2WR A 2 M E755A Printer HP 0 Strobe/Buzzer RS-Strobe 1 IVarious Cables &Connectors N/A Lot Push Butonn Box Custom 1 Short Haul Modem Black Box 1 liait A/Bswftch.------ ... ._ Various 1 Last updated on March 6, 2001 Page- 19 Community Warning System-Equipment List I �I Facility: CWS Terminal — San Ramon Fire (srfire) Description Model Number Quanti j 12 VDC Power Supply Astron-RS-35BB 1 14" Rack Mount Monitor CTX-1451 ES 1 19" Steel Rack/fan/then-no MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 600 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 I LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyphaser-IS-B50LN- 1 CO Pentium Computer Sa a-ACom 1 Mouse/Keyboard shelf MAP-N/A 1 Mouse Microsoft-Serial Mouse 1 I .. Keyboard -- Various 1 Strobe/Buzzer- RS-Strobe 1 Various,.Cables &Connectors:; N/A. .- . ..Lot I I i I I I .I i i I Last updated on March 6, 2001 Page-20 I Community Warning System -Equipment List Facility: CWS Terminal — Martinez PD (mrtzpd) Description Model Number Quanti 12 VDC Power Supply Astron-RS-35BB 1 14" Monitor CTX1451 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 600 VA UPS APC-Smart UPS-600VA 1 1250 VA UPS APC-Smart UPS-1250VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 . 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyphaser-IS-B50LN- 1 CO CWS Terminal Computer Sa e-AComp 1 CWS Terminal Console Sa e-ACON 1 M, Kybd, Mouse Receiver EASY-AC233A 1 M, K d,-Mouse Xmitter. Easy-AC231A 1 Mouse - ._: :,Microsoft-Serial-Mouse _ 1 Keyboard Various 1 Various Cables &Connectors N/A Lot Last updated on March 6, 2001 Page-21 i Community Warning System-Equipment List Facility: CWS Terminal — Bay Area Air Quality Measurement District (baaqmd) iDescription Model Number Quanti 12 VDC Power Supply Astron-RS-351313 1 14' Monitor CTX SVGA 1 Furniture/Cart Global-AC5170 1 1250 VA UPS APC-Smart UPS-600VA 1 i Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 ` LB Antenna Decibel-1313-205A 1 i LB Lightning Arrester PolyphaserIS-IS - 1 CO CWS Terminal Computer- Saqe-AComp 1 Short Haul Modem EAZY SHM-132WR-A 2 ME755A Mouse Microsoft-Serial Mouse 1 Keyboard Various 1 Strobe/Buzzer RS-Strobe 1 i Various Cables & Connectors N/A- Lot I I I I I Last updated on March 6, 2001 Page-22 I Community WarnW a System -Equipment List Facility: CWS Terminal — US Coast Guard (uscg) Description Model Number Quanti 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor CTX SVGA 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 • 1250 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyphaser-IS-B50LN- 1 CO CWS Terminal Computer Sa a-ACom 1 Mouse/Keyboard shelf MAP-N/A 1 Keyboard Various 1 StrobeBuzzer RS-Strobe custom 1 .Various Cables & Connectors N/A Lot:j Last updated on March 6, 2001 Page-23 Community warning System-Equipment List Facility: CWS Terminal — California Highway Patrol (mrterm) Description Model NumberT—Quantity 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor Hansol 500A 1 19" Steel Rack MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 1400 VA UPS APC 1400VA 1 i Radio/PK90 Shelf Custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Pol haser-IS-B50LN-CO 1 CWS Terminal Computer Compaq 1 { Mouse/ Keyboard shelf MAP-NIA 1 Keyboard Various 1 Strobe/Buzzer RS-Strobe custom 1 Various Cables&Connectors NIA Lot Filted Cavi 37.12MHz TX-RX Model# 11-13-01 1 I I I .I I I Last updated on March 6, 2001 Page-24 I I Community Warning System'-Equipment List Last updated on March 6, 2001 Page-25 Community Warning System -Equipment List Facility: Contra Costa N (cctv) I Description Model Number Quantity Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 ENDEC N/A 1 Various Cables & Connectors N/A Lot` I i 1 1 Last updated on March 6, 2001 Page-26 i Community Waming System -Equipment List CCC CWS NODE Sites etas led ist Last updated on March 6, 2001 Page-27 Community Warning System Equipment List Facility: Bald Peak Node Site I Description Model Number Quanti 12 VDC Power Supply Astron-RS-35BB 2 CTX SVGA Color Monitor XA1451 1 19" Steel Rack Front Door MAP-N/A 2 19"Steel Rack Front Door MAP-N/A 2 19" Steel Rack Rear Door MAP-N/A 2 I 2000 VA UPS APC-Smart UPS-2000VA 2 Maxtrac LB Data Radio Motorola-D51 MJA97A3-K 4 CWS Terminal Computer Sage-AC Comp 1 Com uLert-RDS Computer 1 Siren Activation Controller/ Sage-ST Comp 1 Computer Computer Controller ETG-VB- 1 LB Antenna Decibel-DB-205A 4 LB Lightning Arrester Polyphaser-IS-13501-N- 4 CO Packet Controller. AEA-PK90 3 1 Radio/PK90 Shelf Howell-custom -2 DTMF Decoder SSC-364AA 2 Com uLert Central ASC� Lot 2 Various Cables &Connectors.Y > .Nlkm,�z JJ ENDEC SAGE 1 I _ I I i i j i i Last updated on March 6, 2001 Page-.28 i Community Warning System -Equipment List Facility: Kregor Node Site Description Model Number Quantitv 12 VDC Power Supply Astron-RS-3566 2 CTX SVGA Color Monitor XA1451 1 19" Steel Rack Front Door MAP-N/A 2 19" Steel Rack Front Door MAP-N/A 2 19" Steel Rack Rear Door MAP-N/A 2 2000 VA UPS APC-Smart UPS-2000VA 2 Maxtrac LB Data Radio Motorola-D51 MJA97A3-K 4 CWS Terminal Computer Sage-AC Comp 1 Siren Activation Controller/ Sage-ST Comp 1 Computer Com ul-ert-RDS Computer 1 Computer Controller ETG-V8- 1 LB Antenna Decibel-DB-205A 4 LB Lightning Arrester Polyphaser-IS-B50LN- 4 CO Packet Controller AEA-PK90 4 Radio/PK90 Shelf Howell-custom 2 DTMF Decoder SSC-364AA 2 Com uLeit Central ASC 2 Vadous`Cables&Connectors N/A Lot Last updated on March 6, 2001 Page- 29 Community Warning System -Equipment List i Facility: Cummings Node Site Description Model Number Quanti i 12 VDC Power Supply Astron-RS-35BB 1 CTX SVGA Color Monitor XA1451 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 j 19" Steel Rack Rear Door MAP-N/A 2 2000 VA UPS APC-Smart UPS-2000VA 1 Maxtrac LB Data radio Motorola-D51MJA97A3-K 4 LB Antenna Decibel-DB-205A 4 I LB Lightning Arrester Polyphaser-IS-B50LN- 4 CO Packet Controller AEA-PK90 2 Radio/PK90 Shelf Howell-custom 4 DTMF Decoder SSC-364AA 2 Com uLert Central ASC 2 1 Various Cables & Connectors N/A Lot 1 Last updated on March 6, 2001 Page - 30 f Community Waminsa System -Equipment List Facility: Highland Node Site Descri tion Model Number Quanti 12 VDC Power Supply Astron-RS-35BB 1 CTX SVGA Color Monitor XA1451 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 2 2000 VA UPS APC-Smart UPS-2000VA 1 Maxtrac LB Data Radio Motorola-D51 MJA97A3-K 2 LB Antenna Decibel-DB-205A 2 LB Lightning Arrester Polyphaser-IS-B50LN- 2 . CO Packet Controller AEA-PK90 2 Rad io/PK90 Shelf Howell-custom 2 DTMF Decoder SSC-364AA 2 Various Cables &Connectors N/A Lot Last updated on March 6, 2001 Page-31 :Community Warning System Equipment List Facility: Highhill Node Site Description Model Number Quant! 1 Maxtrac LB Digi Data Motorola-D51 MJA97A3-K 1 LB Antenna 'Decibel-DB-205A 1 LB Lightning Arrester Polyphaser-IS-B50LN- 1 CO 1 Packet Controller AEA-PK90 1 Radio/PK90 Shelf Howell-custom 1 Various Cables & Connectors N/A Lot 1 I i i i 1 1 . i i I Last updated on March 6, 2001 Page-32 1 I Community Warning System -Equipment List CCC CWS Sirens Detailed List Last updated on March 6, 2001 Page- 33 Community Warning System -Equipment List j Facility: Siren B01 — Bay Point, Riverview School Descri tion Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 j SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 i Disconnect Switch/Fuse Box N/A 1 j VHF Antenna Mount N/A 1 VHF Antenna N/A 1 i Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 I I 1 i i i i j i Last updated on March 6, 2001 Page-34 I I 1 - Comrhunfty Waming System-Equipment List Facility: Siren B02 — Bay Point, Willow Pass Fire Station Description Model Number Quanti Hormann Siren Head ECN3000SP 1 Hormann Controller w/cabinet ECN3000 1 Batteries N/A 6 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-35 I Community Warning System -Equipment List I iFacility: Siren M01 - Martinez - County Admin. Building i I Description Model Number Quanti SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 jMaxtrac Radio Motorola 1 i Associated cables & Conduit N/A 1 i i I I I I i I i I i I i I i I I I I i i i i I I I I I Last updated on March 6, 2001 Page-36. I . . Community Warning System-Equipment List Facility: Siren M02 — Martinez, Refining Company Sub 1 Description Model Number -Quantity SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Mount Kit N/A 1 Utility Pole Class 1, 50' 1 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-37 Community Wamina System-Equipment List Facility: Siren M03 — Martinez, Vine Hill I I Descri tion Model Number Quantity I SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1` VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 i Mount Kit N/A 1 Utility Pole Class 1, 50' 1 Associated cables & Conduit N/A 1 I 1 I i i i i 1 1 i I i I I i i I I i I I I i i 1 I I Last updated on March 6, 2001 Page-38 i i i Community Waminp System Equipment List Facility: Siren M14 — UDS, Golden Eagle Refinery Description Model Number Quantity SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1` Disconnect Switch/Fuse Box NIA 1 VHF Antenna Mount NIA 1 VHF Antenna NIA 1 Maxtrac Radio Motorola 1 Mount Kit N/A 1 Utility Pole Class 1, 50' 1 1 . Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-39 Community Warning System -Equipment List Facility: Siren MI5- UDS, Clyde Description Model Number Quan- SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1` Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 1 I I I I 1 Last updated on March'6, 2001 Page-40 Community Waming System -Equipment List Facility: Siren P01 —Antioch, Delta Diablo Description Model Number Quanti SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 50' 1 . Mount Kit N/A 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-41 Community Warning System Eauinment'List I Facility: Siren P02 —Antioch, Water Treatment Description Model Number Quantity I SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1`. VHF Antenna Mount NIA 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Mount Kit NIA 1 Utility Pole Class 1, 50' 1 Associated cables & Conduit NIA 1 I Ji f I I I i f I Last updated on March 6, 2001 Page-42 I Community Warning System-Equipment List Facility: Siren P03 —Antioch, PG&E Plant Description Model Number Quantity Federal Signal Siren Head FS-EOWS612 1 FS Controller w/cabinet 1 FS Siren Batteries w/cabinet 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 Associated cables & Conduit N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Preexisting installation Last updated on March 6, 2001 Page-43 I Community Warning System-Equipment List 1 Facility: Siren PO4 — Oakley, Big Break Marina I i Description Model Number Quantity Federal Signal Siren Head FS-EOWS612 1 FS Controller wlcabinet 1 FS Siren Batteries wlcabinet 1 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 ' Disconnect Switch/Fuse Box N/A 1 I Associated cables & Conduit N/A 1 1 VHF Antenna Mount N/A 1 VHF Antenna NIA 1 Maxtrac Radio Motorola 1 Utility Pole Preexistin installation I i i I ,I I I i I I I i i I 1 I i I +I i I I i I 1 I I I I I I I I I j Last updated on March 6, 2001 Page-44 Community Warning System -Equipment List Facility: Siren R01 — Richmond, CRTC Description Model Number Quanti SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1' VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Mount Kit N/A 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-45 I 1 Community Warning System -Equipment List Facility: Siren R02 — Richmond, School Warehouse I l Description Model Number Quantity i SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1` Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 1 I I I I t - i 1 i I i Last updated on March 6, 2001 Page-46 i Community Wamina System;.Equipment List Facility: Siren R03 — Richmond, Chevron Refinery Description Model Number Quant➢ SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com uLert Console ASC-Com ul-ert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Mount Kit N/A 1 Utility Pole Class 1, 50' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-47 I Community Warning System Equipment List Facility: Siren R04 - Hall of Justice r Description Model Number Quanti SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1` VHF Antenna Mount N/A 1 i VHF Antenna NIA 1 j Maxtrac Radio Motorola 1 Mount Kit NIA 1 Associated cables &Conduit N/A 1 j I ti I i I i I I I i I i i i i I I I I I 'I I Last updated on March 6, 2001 Page-48 I i I Community Warning System-Equipment List Facility: Siren R05 - Southeast Police Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1` VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 50' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-49 1 1 _Community Warning System-Equipment List Ji li Facility: Siren R06 — Richmond, Dornan Drive { Oescri tion Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 14, Action Receiver Cabinet Robro -J1816HPL 1 i Disconnect Switch/Fuse Box N/A 1 i VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 { Associated cables & Conduit N/A 1 { 1 I 1 i I Last updated on March 6, 2001 Page-.50 i Community Warning System -Equipment List Facility: Siren R07 — Richmond, Brickyard Cove Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1` Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables.&Conduit N/A 1 Last updated on March 6, 2001 Page-51 community Warning Svstem-Equipment List Facility: Siren R08 — Richmond, Wright Avenue Description Model Number Quanti SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 .Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 1 Last updated on March 6, 2001 Page-52 1 Community Warning System-Equipment List Facility: Siren R09 — Richmond, Regatta Boulevard' Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page- 53 Community Wamincf System -Equipment List Facility: Siren R10 — Richmond, Sutter & Placer Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1` Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 i i 1 i I • Last updated on March 6, 2001 Page- 54 i Community Wamind System -Equipment List Facility: Siren R11 — Richmond, Barrett & Dim Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1` Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-55 Community Wamino`System .Eauiament List 1 Facility: Siren R12 — Richmond, McBryde / Lassen I I I Description Model Number Quanti I I III SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 I SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1'k Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 I VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 I Associated cables &Conduit N/A 1 I i. I i I I I I I �I I i I I II I i I` I I I I I I I I i I I i I I Last updated on March 6, 2001 Page-56 I I �I Community Warning System Equipment List Facility: Siren R13 — Richmond, 15th & Visalia Description Model Number Quanti SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 .. Utility Pole Class 1, 40' 1 Associated cables &Conduit N/A 1 Last updated on March 6, 2001 Page- 57 Community Wamind System-Equipment List Facility: Siren R14 -- San Pablo, Davis Park I I Descri tion Model Number Quanti I II SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1' Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 'I VHF Antenna Mount N/A 1 �I VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 I II I I I I I 1 I I I I i i I �i I I I I i i I it I I I I I II i I I I II I I I I I� II Last updated on March 6, 2001 Page-58 I I I Community Waming System -Equipment List Facility: Siren R15 — Richmond, Fairmead Park Description Model Number Quanti SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount NIA 1 VHF Antenna NIA 1 .. Maxtrac Radio Motorola 1 WRY Pole Class 1, 40' 1 Associated cables & Conduit NIA 1 Last updated on March 6, 2001 Page-59 Community Warnina Svstem'-Equipment List ' Facility: Siren R16 -- San Pablo, Broadway & 17 Street I I' Description Model Number Quantity I I SC20 Siren Head ASC-SC20 1 I SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 II Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 IIIf VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 I I I I I I I I I I I I I I I I i I i I I I I i I - I l I I I I I , I I I I I I I i I, I I I i I I I I Last updated on March 6, 2001 Page-60 I I I I Community Warning System -Equipment List Facility: Siren R17 — Richmond, San Pablo Ave & Richmond PKWY Description Model Number -Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 11. Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 - Utility Pole Class 1, 40' 1 . . Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page- 61 Community Warning System-Equipment List I Facility: Siren R18 — Richmond, Hilltop Drive & Park C Description Model Number Quantity I SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 II SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables &Conduit N/A 1 I I i I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I i I i l I I I I I I I i II Last updated on March 6, 2001 Page-62 I I I I Community Warning System-Equipment List Facility: Siren R19 -Richmond, Williams Drive & Moglot Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 - Maxtrac Radio Motorola 1 - Utility Pole Class 1, 40' 1 Associated cables &Conduit N/A 1 Last updated on March 6, 2001 Page-63 i Community Waming System -.Equipment List I i Facility: Siren R20 — Richmond, Paar Boulevard & 3rd St. I I I I Description (Model Number Quanti I I SC20 Siren Head ASC-SC20 1 II SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet NIA 1 Com uLert Console ASC-Com uLert 1• I Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1- VHF Antenna Mount N/A 1 I VHF Antenna NIA 1 `I Maxtrac Radio Motorola 1 Ufflity Pole Class 1, 40' 1 II Associated cables & Conduit N/A 1 I I i I i I I I I I I . I I I I I I I I i I I I. II I. i I I I I I I I I I i I i I I I I I I I Last updated on March 6, 2001 Page-64 I I I Community Warning- System -Equipment List Facility: Siren R21 — Richmond, Wharf Street Description Model Number Quanti SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 . Utility Pole Class 1, 40' 1 - Associated _Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-65 li Community Warning System'-Equipment List II - Facility: Siren R22 - Richmond, Harbor Way & Hall ; I �I Description Model Number Quanti I i SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 I'I SC20 Batteries w/cabinet N/A 1 IICom uLert Console ASC-Com uLert 1 I Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 l VHF Antenna Mount N/A 1 VHF Antenna N/A 1 II Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 I I I - i I i I I i I I I I I I I I I �I i I i i i l it i I I I I i I Last updated on March 6, 2001 Page-66 I I Community Warning System -Equipment List Facility: Siren S01 — Pittsburg, Railryard Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-67 i ............ community Warning SVstem Equipment List I i Facility: Siren S02 - Pittsburg Water Treatment I I Description Model Number Quanti i .I SC20 Siren Head ASC-SC20 1 I SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 II Action Receiver Cabinet Robro -J1816HPL 1 ' Disconnect Switch/Fuse Box NIA 1 I VHF Antenna Mount NIA 1 VHF Antenna N/A 1 I Maxtrac Radio Motorola 1 Utility Pole Class 1, 640' 1 II Associated cables &Conduit N/A 1 i I i i i i I I I I I I I i I I I I I i I i I I I I I I I I I i, I I i i I I I I I I I I I li Last updated on March 6, 2001 Page-68 I I I Community Waming System Equipment List Facility: Siren S03 — Pittsburg, Dow Chemical Description Model Number Quanfity Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 Associated cables &conduit N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Last updated on March 6, 2001 Page - 69 Community Warning System -Equipment List Facility: Siren T01 — Tosco, Rodeo I i Description Model Number Quanti i SC50 Siren Head ASC-SC50 1 I SC50 Controller w/cabinet ASC-SC50 1 Com uLert Console ASC-Com uLert 1 li Action Receiver Cabinet Robro -J1816HPL 1` Disconnect Switch/Fuse Box N/A 1 I VHF Antenna Mount N/A 1 VHF Antenna N/A 1 i Utility Pole Class 1, 50' 1 Mount Kit N/A 1 I� Associated cables & Conduit N/A - 1 Maxtrac Radio Motorola 1 i I �i I I I i I I i I I i i I .l I I I - I I - I i I �i i I I I I I l I i II I I I �I l Last updated on March 6, 2001 Page- 70 I I I Community Wamine System -Equipment List Facility: Siren T02 - Rodeo Fire Station Description Model Number Quanti SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1` Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box NIA 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-71 ICommunity Warning System-Equipment List I I Facility: Siren T03 - Crockett - West I i I Description Model Number -7Quantity 11 I I ! SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 'I SC20 Batteries w/cabinet NIA 1 ! Com ul-ert Console ASC-Com uLert 1 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 ! VHF Antenna Mount N/A 1 I V.HF Antenna N/A 1 . Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 I I I i I I I I I I I i I I I i I I I I i i I i I I I I I i I I 1 i i I j Last updated on March 6, 2001 Page- 72 Community Warning System -Equipment List Facility: Siren T04 - Crockett - East Description Model Number Quanti -11 SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1` Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 60' 1. Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page -73 2 AGREEMENT BETWEEN CONTRA COSTA COUNTY AND HORMANN AMERICA, INC. FOR MAINTENANCE, WARRANTY UPKEEP AND RELATED SERVICES FOR THE COMMUNITY WARNING SYSTEM 1. Parties, Purpose. This agreement is by and between the County of Contra Costa, a political subdivision of the State of California ("County"), and Hormann America, Inc., a California corporation ("Horrnann"), for Hormann's provision of all maintenance, warranty upkeep, training and operational support services necessary for the proper functioning of the County's Community Warning System. 2. Definitions. As used in this Agreement, the following terms have the following meanings: A. "Agreement" means this Agreement Between Contra Costa County and Hormann America, Inc. for Maintenance, Warranty Upkeep and Related Services for the Community Warning System. B. "Community Warning System"or"CWS" means the emergency alert and notification system donated or to be donated to County by the Contra Costa County CAER Group, Inc., as said system is modified from time to time. C. "County Official' means the County employee authorized to make administrative decisions on behalf of County under this Agreement. Initially, the County Official is: Randy Sawyer Accidental Release Prevention Engineer Hazardous Materials Programs Contra Costa County Health Services Department The County may designate a different County Official under this Agreement upon the provision of written notice to Hormann from the County Administrator. D. "Site Visit Report"means a written report that Hormann must prepare for all visits to CWS equipment locations. The Site Visit Report shall contain such detail as the County Official may require. 3. Term. The term of this Agreement shall be five years,commencing on the date of execution by both parties hereto. This Agreement shall be renewed automatically for one-year terms, for up to five (5) additional terms (years), unless County gives Hormann written notice of non-renewal, at least sixty(60)days before the date of automatic renewal. 4. Warranty and Maintenance Service. Hormann warrants and represents that: it is a majority owned subsidiary of Hormann GMBH, whose proprietary software is used in the CWS, and that it has the expertise and skill to maintain the CWS in good working order. June 13,2001 AGREEMENT FOR MAINTENANCE,WARRANTY UPKEEP AND RELATED SERVICES FOR THE COMMUNITY WARNING SYSTEM Page 2 In consideration for the payment to be made to Hormann pursuant to Section 18, Payment, Hormann promises and agrees to maintain the CWS and all of its components in good working order, to at least industry standards, including, but not limited to, performing all maintenance required as a condition of any warranty for any CWS component. In so doing, Hormann shall at least follow and comply with the CWS manuals and current design documentation, except that if any CWS manual or documentation contains questionable or inadequate information, or is otherwise deficient in Hormann's judgment, Hormann shall bring the matter to the attention of the County Official in writing, within three days of discovery of the deficiency. Except as expressly provided in this Agreement, Hormann shall provide all labor, equipment and services necessary to meet its obligations under this Agreement. Hormann shall be responsible for the cost of providing and replacing all relays, fuses, ,bulbs, `proms,computer components, resistors, switches, capacitors, transistors, connectors, transformers, diodes, light flashers,counters, surge protectors, and cooling fans necessary to maintain the CWS as required in this Agreement, except that with respect to those parts shown on Attachment C, and any specialized part approved in writing by the County Official, Hormann's cost obligation shall be as provided in the following paragraphs. Hormann shall maintain an inventory of those spare parts in the minimum quantities shown in Attachment C, attached hereto and incorporated by this reference. If use of an item causes the inventory to fall below the minimum quantity shown in Attachment C, Hormann shall replace that item as soon as possible. Hormann shall increase minimum quantities to the inventory of spare parts, as necessary for Hormann to meet its obligations under this Agreement. The cost of those replacement parts shown on Attachment C and any external labor approved in writing by the County Official,to repair or replace said parts, shall be borne by Hormann up to an annual amount of$17,000.00. The costs to be assigned to the parts shall be as shown in Attachment C. If Hormann requires a specialized part not shown on Attachment C, the purchase price of said part shall be credited towards the annual $17,000.00 amount for which Hormann is responsible provided Hormann has obtained the prior written approval of the County Official before purchasing said part. Hormann represents that it does not anticipate having to purchase specialized parts (parts not shown on Attachment C). County shall reimburse Hormann for costs of Attachment C parts and County Official- approved external labor and specialized parts which exceed$17,000.00 per year. The Quarterly Report(Section 12) shall include a report on Attachment C and County Official-approved specialized parts used(replaced) and any external labor costs approved by the County Official. 5. Emergency Maintenance Response. Hormann shall respond to any telephone call or June 13,2001 AGREEMENT FOR MAINTENANCE, WARRANTY UPKEEP AND RELATED SERVICES FOR THE COMMUNITY WARNING SYSTEM Page 3 page from any County employee and/or Department designated to make such calls by the County Official, or any industry user regarding a failure or malfunction of the CWS, including any equipment or software failure, verbally and within four hours to acknowledge that it is aware of the failure or malfunction. Hormann shall have technical staff respond to the site of the failure or malfunction within four hours. If the failure or malfunction can be corrected by remote- programming changes, physical response is not required. Hormann shall use every reasonable effort to correct all malfunctions within twelve hours. 6. Non-Emergency Maintenance and Repair, Warranty,Training and Operational Support. Hormann shall provide non-emergency maintenance, repair, including equipment replacement service, training and operational support in accordance with the maintenance schedule attached hereto as Attachment A and incorporated herein by this reference. Hormann warrants that preventative maintenance of the CWS equipment pursuant to Attachment A complies with or exceeds all manufacturers' and other requirements for the proper maintenance of the CWS equipment and will satisfy the requirements of the CWS equipment manuals. 7. System Status Monitoring and Report Service Hotline. Hormann shall monitor the status of all of the CWS equipment as necessary to promptly detect operating problems/malfunctions of equipment. Hormann shall provide all equipment necessary for such monitoring, including, but not limited to, a monitoring terminal to be located at Hormann's office. On or before July 1, 2001,or one month after the effective date of this Agreement, whichever is later,Hormann shall upgrade the monitoring system to automatically page and call the technical "on-call" person responsible for emergency response. Hormann shall provide a 24-hours a day hot line service to directly receive repair requests from the users of the CWS. Hormann shall be responsible for keeping users of the CWS apprized of this hotline number. Hormann agrees that County shall have no obligation to receive repair/problem calls about the CWS, including calls about the use of the CWS. In addition to the verbal report for emergency calls provided pursuant to Section 5, detailed records of repair request and activity shall be provided to the County Official on a weekly basis together with copies of Site Visit Reports. 8. "On-Call" Employee. Hormann shall designate those employees who shall be "on call" and responsible for responding to emergency or other urgent maintenance and repair requests. Hormann shall have an employee on call as necessary to fulfill its obligations under this Agreement. Hormann shall provide the on call employee's name, telephone contact number, and pager number to those employees designated by the County Official. Until such County employee designation, Hormann shall provide the above on call employee information to the County Official, Sheriffs Dispatch and the County Telecommunications Manager. Hormann shall provide the on-call employee information to authorized representatives (as June 13,2001 AGREEMENT FOR MAINTENANCE, WARRANTY UPKEEP AND RELATED SERVICES FOR THE COMMUNITY WARNING SYSTEM Page 4 determined by the owner and/or operator of the facility at which the equipment is located) of all locations where CWS equipment is physically located. 9. Routine Training and Operational Support. Hormann shall provide training as detailed in Attachment A, which Hormann represents is sufficient training in the use of the CWS. Hormann shall provide its own training facilities within Contra Costa County to enable training in a controlled, enclosed system to simulate a live activation process. Hormann shall maintain training records and submit quarterly reports to the County Official about training conducted during the quarter. Operational support, such as assistance in planning changes in system configuration, or sequences of operation, shall be provided as detailed in Attachment A. 10. Written Approval and Report of Changes to CWS. Hormann may relocate or modify an installation provided Hormann has obtained the prior written consent of the County Official. Hormann shall prepare and provide a written report to the County Official on any addition, modification, upgrade, etc., made to the CWS under this Agreement. The written report shall specify the initiator of the change, a copy of the written approval, details of the problem or need that the change solves, the manner in which the change solves the problem or need, and updated as-built documents to reflect the change. This written report shall be submitted within seven (7) business days of the addition, modification, upgrade, etc. or at such time as the County Official may require, and shall include such additional detail as the County Official may require. 11. Emergency/Special Response Site Visit Reports. Hormann shall provide a written report for each emergency/special response resulting in a site visit. The Site Visit Report shall cover details of the response including, who initiated the call and when, what problem was identified, who responded and when, what problem was found, what actions were taken, recommendations, if any, for future preventative maintenance, and any other additional details as the County Official may require. The Site Visit Report shall be submitted to the County Official within seven (7) business days of the initial site visit response, or at such other time as the County Official may require. 12. Preventative Maintenance Quarterly Reports. Hormann shall submit written reports to the County Official on a quarterly basis, which shall include a log of all preventative maintenance activity and procedures undertaken (individual Site Visit Reports shall be included for each site visit), updates on all records, as-built documents, and inventory records, in such detail as the County Official may require. Hormann shall submit a report to the County on or before each April 15, July 15, October 15, and January 15 for the calendar quarter immediately preceding said dates. Hormann shall submit the original and two copies of the quarterly report to the County Official. June 13.2D01 AGREEMENT FOR MAINTENANCE, WARRANTY UPKEEP AND RELATED SERVICES FOR THE COMMUNITY WARNING SYSTEM Page 5 13. Unusual Equipment Damage or Equipment Replacement Requirements. Hormann shall correct by repair or replacement any installation that is destroyed or damaged. Hormann shall take immediate action, including initiating purchase orders, employing sub- contractors and installing new equipment, necessary to correct any problem created by the destroyed or damaged component, until said problems are corrected. There is no cost to the County within the ($17,000) parts and labor cost limit established in Section 4 of this Agreement. 14. Access to sites. County has entered agreements with those non-County entities on whose properties the equipment listed in Attachment A has been placed, as necessary to permit the placement of CWS equipment on said entities' properties, and to allow County employees and/or contractors to enter the properties to repair and maintain the CWS equipment. Hormann acknowledges that it has received copies of all such agreements. Hormann shall be responsible for contacting the owners, operators or the agents of the owners or operators, of the various properties, to develop protocols or other arrangements as necessary(e.g., obtain keys, permission letters,etc.)to secure Hormann employees' or agents' entry onto property when and as necessary for Hormann to meet its obligations under this Agreement. In the course of so doing, if Hormann finds an agreement that it or its employees or agents believe may be inadequate in any manner, Hormann shall bring such matter to the attention of the County Official in writing immediately and in writing within five days of discovery of the problem or inadequacy. 15. Certification and Specialized Access Training. Hormann, at its own cost and expense, shall be responsible for obtaining any and all certification, training, additional insurance, and meeting any other requirements for its employees and agents to be allowed access to the CWS equipment locations. Examples of such requirements include Bay Area Safety Training and specific site indoctrination training. 16. Year 2000 Compliance, Leap Years. Hormann warrants and represents to County that: A. The CWS is Year 2000 compliant, meaning that the CWS is designed to be used prior to, during, and after the calendar year 2000 AD; will at all times operate consistently, predictably and accurately, without interruption or manual intervention in all respects, including, without limitation, all specifications and/or functional and performance requirements, during each such time period, and transitions between them, in relation to dates it encounters or processes; B. All date recognition and processing by the CWS, including, but not limited to software, firmware, hardware, equipment, systems, etc. will correctly recognize and process the date of February 29, 2000, February 29, 2004, and so on, and any related data, during Leap Years; and June 13,2001 AGREEMENT FOR MAINTENANCE,WARRANTY UPKEEP AND RELATED SERVICES FOR THE COMMUNITY WARNING SYSTEM Page 6 C. All date sorting by the CWS, including, but not limited to, software, firmware, hardware, equipment, systems, etc. shall be done based on the four-digit-year format. 17. Security. Hormann agrees to comply with all provisions of the security document from Ajilon Corporation, dated July 20, 2000. Hormann shall maintain all system components ill accordance with this document. Hormann shall not be responsible for site security, but shall inform the County Official of all security concerns in writing. 18. Payment. County shall pay Hormann for services performed hereunder, at the rates shown on Attachment B, attached hereto and incorporated herein by this reference during the term (five years) of this Agreement. Said rates include all overhead and incidental expenses, for which no additional compensation shall be allowed. If this Agreement is renewed for additional one year terms pursuant to Section 3, the rates shall be as shown on Attachment B. 19. Indemnification. Hormann shall defend, indemnify, save, and hold harmless the County and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s)or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of Hormann or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees. Hormann will reimburse the County for any expenditures, including reasonable attorneys' fees, the County may make by reason of the matters that are the subject of this indemnification, and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of Hormann. 20. Insurance. Hormann shall, at no cost to County, obtain and maintain during the term hereof: 1)Workers' Compensation Insurance pursuant to State law; and 2)Comprehensive Liability Insurance,including coverage for owned and non-owned vehicles, with a minimum combined single limit coverage of$1,000,000 for all damages due to bodily injury, sickness or disease,or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence. Hormann shall furnish evidence of such coverage,naming County, its officers and employees as additional insured, and requiring 30 days' written notice to the County for policy lapse or cancellation. 21. Status. Hormann is an independent contractor, and its employees shall not be considered employees of County. 22. Termination by County. At its sole option and discretion,County may terminate this Agreement at any time by providing 60 days advanced written notice to Hormann, whether or not Hormann is then in default. Upon such termination, Hormann shall, without delay, deliver to County all materials and records prepared or obtained in the performance of this Agreement, and shall be paid, all amounts due under the Agreement to the date of termination. 23. Breach,Disputes. In the event that Hormann fails to perform any of the services June 13.2001 AGREEMENT FOR MAINTENANCE,WARRANTY UPKEEP AND RELATED SERVICES FOR THE COMMUNITY WARNING SYSTEM Page 7 described in this Agreement or is otherwise in breach of this Agreement, County shall have the right to pursue all remedies available under the law, including equitable relief. 24. Compliance with Laws. In its performance of this Agreement, Hormann shall comply with all applicable laws, including statutes, ordinances, rules and regulations, whether federal, state or local in origin. As part of it's obligations under this Agreement, Hormann shall maintain all licenses and reports (documentation) required to be maintained under any and all such applicable laws. Hormann shall provide current copies of said licenses and reports to the County at all times. 25. Assignment and Subcontractors. Hormann shall not assign or transfer in whole or in part, any part of this Agreement without the prior and express written consent of the County, which consent shall not be unreasonably withheld. Hormann shall not enter into subcontracts for any work under this Agreement without the prior written consent of the County Official. 26. Patents and Copyrights. The issuance of a patent or copyright to Hormann shall not affect County's rights to the materials and records prepared or obtained in the performance of this Agreement. County reserves a license to use such materials and records without restriction or limitation, and County shall not be required to pay any additional fee or royalty for such materials or records. This license reserved by County shall continue for a period of fifty years from the date of execution of this Agreement, unless extended by operation of law or otherwise. 27. Heirs,Successors and Assigns. Notwithstanding the restriction against assignment and subcontracting in Section 25, above,this Agreement binds the heirs, successors, executors, personal representatives, subcontractors and assigns of the parties. 28. Governing Law,Jurisdiction. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. The venue of any legal action between the parties arising out of this Agreement shall be Contra Costa County,California, which courts shall have exclusive jurisdiction over such legal action. 29. No Third Party Beneficiaries. Notwithstanding mutual recognition that services provided under this Agreement may provide some aid to members of the County population, nothing in this Agreement, whether express or implied, is intended either by County or Hormann to confer any rights on any person or party other than the County and Hormann. The parties intend that there be no third party beneficiaries to this Agreement. 30. Notices. All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. A. Notice shall be sufficiently given for all purposes as follows: (1) When delivered by first class mail,postage prepaid, notice shall be deemed delivered three (3)business days after deposit in the United States June 13,2001 AGREEMENT FOR MAINTENANCE, WARRANTY UPKEEP AND RELATED SERVICES FOR THE COMMUNITY WARNING SYSTEM Pa,,e 8 Mail. (2) When mailed by certified mail with return receipt requested, notice is effective on receipt if delivery is confirmed by a return receipt. (3) When delivered by overnight delivery by a nationally recognized overnight courier, notice shall be deemed delivered one (1) business day after deposit with that courier. (4) When personally delivered to the recipient, notice shall be deemed delivered on the date personally delivered. B. When notice is required to be given to the County Official, in addition to the methods in subsection A., above, notice may be delivered by facsimile provided there is a receipt confirmation showing date and place of transmission and the telephone number to which the transmission is made, and a hard copy of the transmission is mailed by first class mail, postage prepaid. The notice shall be deemed delivered upon deposit of the hard copy with the U.S. postal service. C. The place for delivery of all notices under this Agreement shall be as follows: County: With copy to: County Official County Administrator Hazardous Materials Programs 651 Pine St., 11' Floor Contra Costa Health Services Martinez, CA 94553 4333 Pacheco Blvd. Martinez, CA 94553 Hormann America, Inc.: Efraim Petel, President 815 Arnold Drive, Suite 9 Martinez, CA 94553 Phone: (925) 228-2152 Fax: (925) 228-2114 or to such other addresses as the parties may respectively designate by written notice to the other. 31. Construction. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. June 13,'_'001 AGREEMENT FOR MAINTENANCE,WARRANTY UPKEEP AND RELATED SERVICES FOR THE COMMUNITY WARNING SYSTEM Pace 9 This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. 32. No Waiver by County. Any and all inspections or approvals, or statements by any officer, agent or employee of the County indicating that Hormann's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve Hormann's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Agreement. 33. Amendment. This Agreement may not be amended or altered except by a written instrument executed by County and Hormann. 34. Entire Agreement. This Agreement contains the entire agreement between the parties respecting the matters set forth, and expressly supersedes all previous or contemporaneous agreements, understandings, representations or statements between the parties respecting this matter. COUNTY OF CONTRA COSTA HORMANN AMERICA, INC. By: By: Chair, Board of Supervisors Efraim Petel, President ATTEST: County Administrator and Clerk of the Board of Supervisors By: Karen G. Levy, Esq., Director Date: By: Deputy Clerk [Acknowledgment] H:\IAZMA-RCWS10&MUiAmvntfina]061301.wpd June 13,2001 Attachment A — Maintenance Schedule 1. Preventative/routine Maintenance: The various CWS sites will be maintained as follows: Siren SC-20 and Electronic Sirens (Battery operated) installation - Every four months. o Total of 31 sirens (enclosed Attachment A-1) Siren SC-50 (AC operated) installation-Every 6 months. o Total of 9 sirens(enclosed Attachment A-2) CWS Terminal installation-Every 6 months o Total of 24 terminals (enclosed Attachment A-3) Communication node/digipeater installation-Every 6 months. o Total of 7 sites (enclosed Attachment A-4) 2. Routine Trainine and Operational Support: TRAINING—conduct refresher,train-the-trainer, and new user training for up to.50 hours per quarter.This would provide on average about two training sessions a year per facility.A complete system setup in a trailer, that would be transported to the various facilities to enable complete hands-on training,would be provided at Hormann America, Inc. cost. The training time is based on 18 organizations that require training(some have two or three terminals). A training session for 2-4 operators takes one hour for most of the trainees. One day per location will train all operators available at that time. As many locations work on shift schedule, additional day would be required to ensure that all operators are trained. To ensure that every operator is trained once a year,two days would be required per location. Considering 5-6 hours of net training a day(excluding the driving and set-up time), the overall number of training hours per year is: 18*5.5*2=198 is approximate as 200 hours a year, 50 per quarter. List of agencies requires training: 1 Sheriffs Dispatch 2 Antioch PD 3 CC Health Services 4 Pinole PD 5 Chevron 6 Richmond PD 7 Martinez PD 8 Dow 9 US Coast Guards 10 Rhodia 11 Equilon 12 Tosco 13 Ultramar 14 BAAQMD 15 San Ramon Fire 16 CCCOES 17 CCCFPD 18 CHP OPERATIONAL SUPPORT—providing consultancy services to system administrators for developing methods and means to adopt the system to the various specific needs, 3 hours a week—up to 150 hours per year,plus conducting all the weekly and monthly siren tests by Hormann America, Inc.personnel. Attachment A-1 List of SC-20 sirens S/N Call Sin Name Comments 1 R02 Richmond, School Warehouse 2 R05 Richmond, Southeast Police 3 R06 Richmond, Dornan Drive 4 R07 Richmond, Brickyard Cove 5 R08 Richmond,Wright Avenue 6 R09 Richmond,Regatta Boulevard 7 R10 Richmond, Sutter&Placer 8 R11 Richmond, Barrett& Dimm 9 R12 Richmond, McBryde/Lassen 10 R13 Richmond, 15 &Visalia 11 R14 San Pablo,Davis Park 12 R15 Richmond,Fairmead Park 13 R16 San Pablo,Broadway& 17 Street 14 R17 Richmond, San Pablo Ave &R. PKWY 15 R18 Richmond,Hilltop Drive& Park C. 16 R19 Richmond, Williams Drive &Mo lot. 17 R20 Richmond,Paar Boulevard &3`d St. 18 R21 Richmond, Wharf Street 19 R22 Richmond,Harbor Way& Hall SIN Call Sin Name Comments 20 T02 Rodeo, Fire Station 21 T03 Crockett West 22 T04 Crockett East 23 MO1 Martinez, County Admin Bldg. 24 M15 Ultramar, Clyde 25 BO1 Bay Point, Riverview School 26 SOl Pittsburg, Railyard 27 S02 Pittsburg, Water Treatment Attachment A-2 List of Electronic (Existing) sirens S/N Call Sign Name Comments I S03 Pittsburg, Dow Chemical 2 P03 Antioch, PG&E Plant 3 PO4 Oakley, Big Break Marina 4 B02 Willow Pass Fire Station, Bay Point Attachment A-3 List of SC-50 sirens S/N Call Sin Name Comments 1 ROI Richmond,CRTC 2 R03 Richmond,Chevron Refinery 3 R04 Richmond,Hall of Justice 4 TO1 Rodeo,Tosco 5 M02 Martinez,Refining Company Sub 1 6 M03 Martinez,Vine Hill 7 M14 Ultramar,Golden Eagle Refinery 8 POI Antioch,Delta Diablo 9 P02 Antioch,Water Treatment Attachment A4 List of CWS Terminals S/N Call Sin Name Comments 1 comml CCC Sheriff Dispatch 2 antpd Antioch PD 3 cchs CC Health Department 4 cccoes CCC Office of Emergency Services 5 cccfpd CCC Fire Protection District 6 pinpd Pinole PD 7 hsdmob CCC Health Services Mobile 8 chvfir Chevron Fire Dispatch 9 chvadm Chevron Admin Bldg. 10 rchmob Richmond PD Mobile 11 mrtzpd Martinez PD 12 richpd Richmond PD 13 dowchm Dow Chemical 14 uscg US Coast Guard, Alameda 15 rhodia Rhodia,Martinez 16 mresec Equilon Martinez Refining Company Security 17 mrceoc Equilon Martinez Refining Company,EOC 18 udseoc Ultramar, Golden Eagle Refinery EOC 19 udssec Ultramar, Golden Eagle Refinery Security S/N Call Sin Name Comments 20 tsradm Tosco Rodeo Admin Bldg. 21 tsreoc Tosco Rodeo EOC 22 baagmd Bay Area Air Quality Measurement District, San Francisco 23 srfir San Ramon Fire Dispatch 24 MRTERM California Highway Patrol, Valejo 25 TSRMOB Tosco Rodeo Mobile 26 CCTV Contra Costa TV ENDEC installation Attachment A-5 List of Communication Nodes and Digipeaters S/N Call Sign Name Comments 1 kreg Kregor Peak 2 bald Bald Peak 3 cumm Cumming Highway Peak 4 highds Highland Peak 5 hihill Chevron High Hill 6 ppm Phone,Page&Media terminal 7 EDIS Interface EDIS Interface Terminal Attachment B — Cost Schedule The County will pay Hormann America, Inc. for the services rendered under this agreement the following: 1. One time set-up fee of$32,940.00 upon signing of the contract. 2. For the first five years, the annual amount of$411,486.00 to be paid as follows: a. $82,302.00 paid at the beginning of the maintenance year b. Twelve equal monthly payments of$27,432.00 at the beginning of each month. 3. For the sixth to tenth years(five years) the annual amount of $444,405.00 to be paid as follows: a. $88,881.00 paid at the beginning of the maintenance year b. Twelve equal monthly payments of$29,627at the beginning of each month. Attachment C - List of Spare Parts (updated January 2000) ITEM UNIT COST Qt LB Antenna(DB-205) $560.00 1 LB Antenna(ASP-636) $240.00 1 LB Maxtrac Radios $570.00 4 UHF Maxtrac Radio $540.00 1 PK-90 $780.00 4 UPS - 2000VA $1,750.00 1 UPS— 1250VA $1,200.00 1 UPS—600 $550.00 1 12 VDC Power Supply $530.00 2 Batteries (Siren) $110.00 6 CompuLert $2,250.00 2 Relay for SC-20 $27.00 2 Charger for SC-20 $170.00 3 Power Breaker for SC-50 $780.00 1 ENDEC $2,700.00 1 DTMF board for monitoring PC $210.00 1 Node Controller DTMF Box $375.00 1 Relay card $180.00 4 ST Node PC,fully configured(in trailer) $2,100.00. 1 AC Node PC, fully configured(in trailer) $23,100.00 1 ST Computer&Monitor(in trailer) $2,250.00 1 Siren Activation Controller PC(in trailer) $1,800.00 1 Phone and Paging PC, fully configured(in $2,650.00 1 trailer EEPROM for CompuLert $20.00 4 FSK Board for CompuLert $525.00 2 3 LICENSE AND OPERATION AND MAINTENANCE AGREEMENT (CHEVRON PRODUCTS COMPANY) Effective on the date signed by both parties hereto, this License and Operation and Maintenance Agreement("Agreement") is entered into by and between.the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County"), and CHEVRON PRODUCTS COMPANY, a division of Chevron USA Inc., a Pennsylvania Corporation ("licensor"). 1. DEFINITIONS. As used herein, the following terms have the following meanings. A. "Agreement" means this License and Operations and Maintenance Agreement. B. "CAER" means the Contra Costa County CAER Group, Inc., a California non-profit corporation. C. "Community Warning System" or"CWS" means the emergency alert and notification system donated by CAER to County, as said system is modified from time to time by the County. D. "CWS Manuals" means those instructional manuals provided by the manufacturer and/or vendor of the CWS,'for the operation and maintenance of the CWS, and such other manuals provided for the operation and-maintenanoe of the CWS following any repair,'updaW, modification, or replacement of the CWS and its components.. .,E "Equipment".:meansahe'stationary terminal equipment,sirens, and other equi.pment-and components that comprise the CWS. F.."Facility" means Licensor's f6cl ies located at the following addresses in Richmond, California: Chevron USA, Inc. 841 Chevron Way and Corner of Castro and Hensley Streets Chevron Research and Technology: 100 Chevron Way G. "Facility Equipment" means the components of the CWS to be located at the Facility pursuant to this Agreement, as said components may be added to, removPrt nr M =c- ',y County from time to time. The current Facility Equipment is ribed in EXHIBIT A, attached hereto and incorporated herein by 1k LICENSE. Pursuant to the terms set forth in this Agreement, License and Operations and Maintenance Agreement Chevron Products Company Page 2 Licensor hereby grants to County, a license to install, locate, inspect, repair and maintain the Facility Equipment at the Facility, at the locations shown on the site plan attached hereto as EXHIBIT B and incorporated herein by this reference. Licensor further grants to County, its agents, employees, contractors and subcontractors, the right to enter the Facility for the pVrposes of inspecting, repairing, maintaining, replacing or removing the Facility Equipment, or for such other similar purposes associated with County's ownership of the Facility Equipment. 3. ENTRY. Entry onto the Facility by County, its agents, employees, contractors and subcontractors, shall be pursuant to and subject to the requirements of this section. Licensor may require that access to the Facility Equipment by County, its agents, employees, contractors and subcontractors be subject to reasonable safety procedures. Licensor may require County agents, employees, contractors and subcontractors to be accompanied by a representative of Licensor during regularly scheduled or routine inspection, maintenance, repair or replacement activity. Licensor may also require County agents, employees, contractors and subcontractors to be accompanied by a representative of Licensor during urgent or non-routine activity provided a representative of Licensor is immediately available to accompany said persons. At Licensor's request, County shall designate in writing, those persons authorized to enter the Facility on behalf of County. 4. LICENSOR RESPONSIBILITIES. A. Licensor shall operate the Facility Equipment in conformity with the Community Warning System Operation:Protocols developed and amended from time to . time by County,"and the CWS Manuals. B. Licensor shall notify County.in writing of any Fadlity Equipment requiring'maintenance, repair or replacement; provided that in the event of an urgent requirement for maintenance, repair or replacement;Licensor's initial notice may be. oral;followed by written notice within five'(5)days of the-oral notice. County shall provide the'names,'telephone and pagernumbers of those persons'authorized to receive oral notification from licensor of an urgent maintenance, repair or replacement requirement. Licensor shall provide the names, telephone and pager numbers of those employees authorized to provide oral notification on behalf of Licensor of an urgent requirement for maintenance, repair or replacement of any Facility Equipment. C. Licensor shall provide for the safety and security of the Facility Equipment. D. Licensor shall be responsible for all normal day to day operating expenses of the Facility Equipment, such as the salaries of Licensor's employees and all utility expenses (including back-up power supplies). Licensor shall not be responsible for maintenance or repair.costs, induding the costs of replacement parts or License and Operations and Maintenance Agreement Chevron Products Company Page 3 equipment, or for extraordinary expenses, such as the costs of upgrading or replacing the Facility Equipment. Licensor shall be responsible for and pay for any and all damage to the Facility Equipment caused or contributed to in whole or in part by the negligence or willful misconduct of Licensor or Licensor's employees, agents, contractors or subcontractors. 6. MAINTENANCE. County intends to enter a contract for the maintenance of the Facility Equipment with Hormann America, Inc. 7. TAXES. It is not intended that Licensor incur any additional real or personal property taxes as a result of the location of the Facility Equipment at the Facility. County, acting in its capacity as owner of the CWS, will cooperate with Licensor to eliminate or minimize any such tax to the maximum extent permitted by law. 8. PERMITS. Other than FCC licensing requirements, the parties are not aware of any governmental permit or license required for the operation of the CWS, including the Facility Equipment. To the extent that any such permit or license is required, Licensor shall have no obligation to obtain or maintain such permit or license, but shall be obligated to advise County if it becomes aware of such requirement so that County may take action to secure any necessary permit or license. 9. TERM, TERMINATION. The term of this Agreement is one year. This Agreement shall be automatically renewed annually, on a year-to-year basis, unless terminated by either party at any by providing thirty.(30)days'written notice to the other. Notice shall be served personally,or by;certified"mail, return.receipt requested, addressed as follows, and shall.be-effective upon,delivery at the indicated address: County. Licensor: County.Administrator Refinery General Manager 651 Pine Street, 118' Floor Chevron Products Company Martinez, CA 94553 841 Chevron Way Richmond, CA 94802 or to such other address as either party may from time to time specify in writing to the other party. 10. EQUIPMENT REMOVAL. Upon either party providing 30 days' written notice of termination, County shall; within thirty days of receipt of such notice from Licensor, or thirty days of providing such notice to Licensor, and at County's expense, remove or cause the removal of all Facility Equipment from the Facility. Licensor shall allow entry onto the Facility by County, its, agents, employees, contractors and subcontractors, as necessary for the removal of the Facility Equipment. License and Operations and Maintenance Agreement Chevron Products Company Page 4 11. LIMITED RELEASE, INDEMNITY. Except to the extent caused by the negligence or willful misconduct of Licensor, in the event that a County employee, agent, contractor or subcontractor is injured or killed, or County property or the property of a County employee, agent, contractor or subcontractor is damaged while at the Facility in connection with inspecting, installing, maintaining, repairing, replacing or removing Facility Equipment, the County shall release Licensor and shall indemnify, defend and hold Licensor harmless from and against any and all liability to the County or to the County employee, agent, contractor or subcontractor, for such liability. County's agreement to release, indemnify, defend and hold Licensor harmless from liability to the County or a County employee, agent, contractor or subcontractor as set forth in this section shall not extend to the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the negligence or willful misconduct of licensor, its agents or contractors. Licensor shall remain responsible for said damages, expenses and attorneys fees in an amount proportionate to Licensor's negligence or willful misconduct without contribution to that portion from the County. 12. LICENSOR'S CONTINUED RESPONSIBILITY FOR UNAUTHORIZED RELEASE. Licensor understands and agrees that nothing associated with this Agreement or the CWS, including, but not limited to, County's ownership, maintenance and/or operation of the CWS (such as malfunctions, however caused, of the CWS), or County's approval of any plan which mentions or relies upon the CWS, shall relieve Licensor of any liability or responsibility related to or associated with any unauthorized release, including, but not limited to; any duty or obligation on the part of Licensor,. under any.law, to prevent, notify or mitigate the'impacts of any unauthorized release. Licensor understands and agrees that County has accepted ownership of the CWS only to enhance its ability to provide notification of and-to respond to an emergency, such as an Unauthorized release,-in its discretionary.governmental c8pacity.. County.makes no promises or representations to Licensor or.any other person regarding the operation or maintenance.of the CWS in any manner or for any purpose, or the continued operation in any manner of the CWS. Licensor understands and agrees that County does:not intend by this Agreement to in any way waive any of its statutory or other immunities, nor is County assuming any duties, responsibilities or liabilities of any nature. 13. REMEDY. Except as provided in Section 11, the sole remedy for any breach or default of this Agreement by either party shall be the termination of this Agreement in accordance with Section 9. With respect to Section 11, County and Licensor shall have the right to injunctive relief, damages or any other remedy allowed at law or equity. In no event will either party be liable for or entitled to damages, including, but not limited to, loss of revenues or profits, or any special, incidental or consequential damages, however caused, arising out of or resulting from this Agreement or any breach or default thereof. Except as provided in Section 11, neither party shall be entitled to any indemnity for any liability to third-parties arising out of or resulting from this Agreement or any breach or default thereof. License and Operations and Maintenance Agreement Chevron Products Company Page 5 14. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. 15. AMENDMENT. This Agreement shall not be changed, modified or amended except in a writing signed by both parties. 16. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the parties regarding the operation, maintenance and repair of the Licensor Facility Equipment and merges and supersedes all prior discussions, writings, agreements and understandings of the parties with respect to such matters. 17. NO RELIANCE ON PRIOR REPRESENTATION. Both parties agree that no person acting on behalf of the other(including, without limitation, any representative, employee or agent of CAER) has at anytime been authorized to make any representation, promise or agreement of any kind or character regarding the Community Warning System and the Facility Equipment. If any such representation, promise or agreement was made by any person, in any capacity, neither party shall or is relying on such representation, promise or agreement, and expressly waives, releases and holds any such person harmless from any claim or liability due to such representation, promise or agreement. 18. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. The venue of any legal.action between the parties arising out of this Agreement shall be Contra Costa County, California, which courts'shall have exclusive jurisdiction over such legal action. 19. INVALID PROVISIONS. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if.such invalid or unenforceable provisions were omitted. 20. EMPLOYEES. Neither party's employees, subcontractors or agents shall be deemed to be the employees, subcontractors or agents of the other. 21. EMERGENCY. In the event of a natural disaster or accidental release at the Facility, Licensor shall endeavor to take such actions as are reasonably necessary or appropriate to minimize damage to the Facility Equipment. Licensor shall notify County as soon as practicable of its inability to protect the Facility Equipment and shall abide by the County's instructions regarding the Facility Equipment. 22. NO THIRD PARTY BENEFICIARIES. This Agreement is by and between Licensor and County only. It is not intended to and does not benefit or grant any rights to any other party. License and Operations and Maintenance Agreement Chevron Products Company Page 6 23. SURVIVAL. The provisions of sections 10, 11, 12, 13, 14, 17, 18, 19, 22, 23 and 25 shall survive the termination of this Agreement. 24. COUNTERPARTS. This Agreement may be executed in two counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 25. CONSTRUCTION. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates indicated below. CHEVRON PRODUCTS COMPANY, a CONTRA COSTA COUNTY, division of Chevron:USA Inc., a a political subdivision of the State of Pennsylvania Corporation California By: By: Name: ALc-6ecy Board Chair Title: Re q*Y;iSj roi c MANAGE Attest: Clerk of-the Board of Supervisors By: Name: Title: By: Deputy Clerk Date: Date: [Acknowledgment] H%HA2MA-ncwS%0&M10301kheVM.wpd Community Wamina System -Equipment List Facility: CWS Terminal - Chevron Admin Building (chvadm) Description Model Number Quantity 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor IBM SVGA 1 19" Steel Rackffan/thermo MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 600 VA UPS APC-Smart UPS-600VA 1 1250 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-051 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyphaser-IS-B50LN- 1 CO CWS Terminal Computer Sage-Acomp 1 CWS Terminal Console Sa e-ACON 1 M, Kybd, Mouse Receiver EASY-AC233A 1 M, Kybd, Mouse Xmitter Easy-AC231A 1 Mouse/Keyboard shelf MAP-N/A 1 Mouse Microsoft-Serial Mouse 1 Keyboard . Various 1 Printer HP 1 Push Button Box Custom 1 Various Cables 8 Connectors N/A Lot Last updated on March 6, 2001 EXHIBIT A Page- 11 Community Warnina System -Equipment List Facility: CWS Terminal - Chevron Fire Dispatch (chvfir) Description Model Number Quanti 12 VDC Power Supply Astron-RS-35136 1 14' Monitor CTX SVGA 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 1250 VA UPS APC-Smart UPS-1200VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyphaser-IS-B50LN- 1 CO CWS Terminal Computer Sa e-ACom 1 Mouse/Keyboard shelf MAP-NIA 1 Mouse Microsoft-Serial Mouse 1 Keyboard Various 1 Push Button Box Custom 1 Strobe/Buzzer RS-Strobe N/A Various Cables & Connectors N/A Lot Last updated on March 6, 2001 Page- 12 Community Warnina System -Equipment List Facility: Siren R01 — Richmond, CRTC Description Model Number Quantity SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com ul-ert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Mount Kit N/A 1 Associated cables &Conduit N/A 1 Last updated on March 6, 2001 Page-45 Community Warning System -Equipment List Facility: Siren R03 — Richmond, Chevron Refinery Description Model Number Quantity SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com uLert Console . ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Mount Kit N/A 1 Utility Pole Class 1, 50' 1 Associated cables &Conduit N/A 1 Last updated on March 6, 2001 Page-47 * U C � •� rn a:to p E c o¢ VY N a 0 3 cam m Z a c Qf q � m o w f..•........«..r...••u•..ti Q E O r C Z1 U Q c6 ? E y 0 o a o m ct U c V z a Q m '—' m co n . a e ...........u. s•r...u. .............................� � r Q� • CD : . v �' } ';;•• t:, i d UUa�tl- � iCLG CNcc woo c (D0EO m r ca m Q- oN - oo0 CL CO ICD E Us d0•o � O z a. ' o ; c Et C -' .CC o :� - u. . e , :W d 'V .. ' •.«•a...aa�u ...• G.ar..r•a.u.s....••..a.uu•u.a •..r...••................... Cm ate+ J C Q EXHIBIT B G 0*) rn v Ea cn G C U U O Z O Q o N W ID ? 4 o U a o m m � � o a N N jc) p �yvN P G N d G NO �� O N p o a O V v N omG t uro� CG 015 N t 7 U C,4 N L � � O a- -A a s a Q G Gs°' s ,ID Q Community Warning System Equipment location at the Chevron Richmond Facility F------------------------� I I Note:two of the twenty-two Richmond area 1I— I CWS sirens are located at the Chevron facility I I I l)Castro street and 2)top of Bldg. 10 i I I --------------------------I . I I ---------------- I 7 I Location of Chevron Admin I I jI I CWS stationary terminal j jequipment j I I I (Located in room 222 and I I ------------ I j second floor telecom closet) I ----1 j NA Location of Chevron Fire I j I 1 • antenna j Hensley street CWS stationary terminal j I j . Computer&key board I I (In Fire Dispatchers booth) j 1 . Remote Monitor I Castro treet Antenna I I . Chevron 1 1 1 I I I Remote push buttons Learning& 1 1 • Computer&key boardPK-90.1 I I 1 I Develop. I 11 . Monitor I. 11 • Radio IS j I j • Remote push buttons I I I j • UPS(2) I 31 ate I I I PK-90 I I I System housing rack 1 1 • Radio I --------------- 1 II UPS 11 ' • System housing rack Richmond 1 Parkway CRTC Bldg 10 1 � Chevron Fire-dept �� Main gate Chevron Admin bldg. I-580 Note: Entrance to the Chevron facility for repair or To long wharf maintenance of the CWS equipment is through gate 31 on Castro street or the main gate at Chevron way. The following Chevron employees have authority to approve repairs: Job title or name Phone pager RSG Refinery Shift Coordinator 510-242-2772 510-620-7743 Chevron Battalion Chief 510-242-2160 510-242-2302 Chevron Fire Chief 510-242-5000 510-620-7959 Jack Harris 510-242-4976 510-719-7263 Ll COMMUNITY WARNING SYSTEM LICENSE AND OPERATION AND MAINTENANCE AGREEMENT (Bay Area Air Quality Management District) Effective on the date signed by both parties hereto, this License and Operation and Maintenance Agreement is made and entered into by and between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County") and the BAY AREA AIR QUALITY MANAGEMENT DISTRICT ("Licensor"). 1. DEFINITIONS. As used herein, the following terms have the following meanings. A. "Agreement" means this License and Operation and Maintenance Agreement. B. "CAER" means the Contra Costa County CAER Group, Inc., a California non-profit corporation. C. "Community Warning System" or"CWS" means the emergency alerting, warning and notification system donated by CAER to County, as said system is modified from time to time by the County. D. "CWS Manuals",means those instructional manuals provided for the operation and maintenance of.the CWS, including manuals provided from time to time for the operation and maintenance of the'CWS following any repair, update, modification,.,or replacement of the CWS and its components. E. "Equipment"means the stationaryterminal equipment, sirens, and other equipment and.components that comprise the CWS. F. "Licensor Equipment' means the components of the CWS to be located on Licensor property pursuant to this Agreement, as said components may be added to, removed or modified by County from time to time. The current Licensor Equipment is more particularly described in EXHIBIT A, attached hereto and incorporated herein by this reference. G. "PERSON" includes an individual, a public agency, firm, partnership, corporation, or any other entity. 2. COUNTY LICENSE: Pursuant to the terms set forth in this Agreement, Licensor hereby grants to County, a license to install, locate, inspect, repair and CWS License and O&M Agreement Bay Area Air Quality Management District Page 2 maintain the Licensor Equipment on Licensor property located at 939 Ellis Street, San Francisco, California, at the locations shown on the site plan attached hereto as EXHIBIT B and incorporated herein by this reference. Licensor further grants to County, its agents, employees, contractors and subcontractors, the right to enter Licensor property for the purposes of inspecting, repairing, maintaining, replacing or removing the Licensor Equipment, or for such other similar purposes associated with County's ownership of the Licensor Equipment. 3. ENTRY. Entry onto Licensor property by County, its agents, employees, contractors and subcontractors, shall be pursuant to and subject to the requirements of this section. Licensor may require that County agents', employees', contractors' and subcontractors' access to Licensor Equipment during regularly scheduled or routine inspection, maintenance, repair or replacement activity be subject to reasonable advance notice requirements. Licensor shall make arrangements with County for County's immediate access to Licensor Equipment as necessary for urgent or emergency activities. At Licensor's request, County shall designate in writing, those persons authorized to enter.Licensor property on behalf of County. 4. LICENSOR RESPONSIBILITIES. A. Licensor shall operate the Licensor Equipment in conformity with the Community Warning System Operation Protocols developed and amended from time to time by County, the CWS Manuals, and/or as otherwise instructed by County. B. Licensor shall notify County in writing of any Licensor Equipment requiring maintenance, repair or replacement, provided that in the event of an urgent requirement for maintenance, repair or replacement,_Licensor's initial notice may be oral, followed by'written'notice within five(5)days of the oral notice. County shall provide the names, telephone and pager numbers of those persons authorized to receive oral notification from Licensor of an urgent maintenance, repair or replacement requirement. Licensor shall provide the names, telephone and pager numbers of those Licensor employees authorized to provide oral notification on behalf of Licensor of an urgent requirement for maintenance, repair or replacement of any Licensor Facility Equipment. C. Licensor shall provide for the safety and security of the Licensor Equipment. D. Licensor shall be responsible for all normal day to day operating expenses of the Licensor Equipment, such as the salaries of Licensor employees and all utility expenses (including back-up power supplies). Licensor shall not be responsible for maintenance or repair costs, including the costs of replacement parts CWS License and O&M Agreement Bay Area Air Quality Management District Page 3 or equipment, or for extraordinary expenses, such as the costs of upgrading or replacing the Licensor Equipment. Licensor shall be responsible for and pay for any and all damage to the Licensor Equipment caused or contributed to in whole or in part by the negligence or willful misconduct of Licensor or Licensor's employees, agents, contractors or subcontractors. 5. COUNTY MAINTENANCE. County will maintain the Licensor Equipment. County intends to initially maintain the Licensor Equipment by contracting with Hormann America, Inc. 6. PERMITS. Other than FCC licensing requirements, the parties are not aware of any governmental permit or license required for the operation of the Licensor Equipment. To the extent that any such permit or license is required, Licensor shall have no obligation to obtain or maintain such permit or license, but shall be obligated to advise County if it becomes aware of such requirement so that County may take action to secure any necessary permit or license. 7. TERM, TERMINATION. The term of this Agreement is one year. This Agreement shall be automatically renewed annually, on a year-to-year basis, unless terminated by either party at any time by providing thirty(30) days' written notice to the other. Notice shall be served personally or by certified mail, return receipt requested, addressed as follows, and shall be effective-upon delivery at the indicated address: County: Licensor: County Administrator Air Quality Program Manager Contra Costa County Bay Area air Quality Management 651 Pine Street, 11"' Floor District Martinez, CA 94553 939 Ellis Street San Francisco,'CA 94109 The above information may be changed-by either party by providing 30 days' written notice to the other. 8. EQUIPMENT.REMOVAL. Upon either party providing 30 days' written notice of termination, County shall, within 30 days of receipt of such notice from Licensor, or thirty days of providing such notice to Licensor, and at County's expense, remove or cause the removal of all Licensor Equipment from Licensor property. Licensor shall allow entry onto Licensor property by County, its, agents, employees, contractors and subcontractors, as necessary for the removal of the Licensor Equipment. If this Agreement is terminated and County does not remove the equipment as required by this section, Licensor shall have the right to use, CWS License and O 8,M Agreement Bay Area Air Quality Management District Page 4. abandon, and/or dispose of the Licensor Equipment without compensation to County. 9. LIMITED RELEASE, INDEMNITY. Except to the extent caused by the negligence or willful misconduct of Licensor, in the event that a County employee, agent, contractor or subcontractor is injured or killed, or County property or the property of a County employee, agent, contractor or subcontractor is damaged while at Licensor property in connection with inspecting, installing, maintaining, repairing, replacing or removing Licensor Equipment, the County shall release Licensor and shall indemnify, defend and hold Licensor harmless from and against any and all liability to the County or to the County employee, agent, contractor or subcontractor, for such liability. County's agreement to release, indemnify, defend and hold Licensor harmless from liability to the County or a County employee, agent, contractor or subcontractor as set forth in this section shall not extend to the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the negligence or willful misconduct of Licensor, its agents or contractors. Licensor shall remain responsible for said damages, expenses and attorneys fees in an amount proportionate to Licensor's negligence or willful misconduct without contribution to that portion from the County. 10. REMEDY. Except as provided in Section 9, the sole and exclusive remedy for any breach or default of this Agreement by either party shall be the termination of this Agreement in accordance with Section 7. Except as provided in section 9, under no circumstances is either party to receive or be subject to damages, including, but not limited to, special, incidental or consequential damages; or be entitled to"or be subject to, any other.remedy provided at law or equity for the breach, whether negligent or intentional, of this Agreement. 11. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. 12. AMENDMENT. This Agreement shall not be changed, modified or amended except in a writing signed by both parties. 13. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the parties regarding the operation, maintenance and repair of the Licensor Equipment and merges and supersedes all prior discussions, writings, agreements and understandings of the parties with respect to such matters. 14. NO RELIANCE ON PRIOR REPRESENTATION. Both parties agree that no person acting on behalf of the other(including, without limitation, any representative, employee or agent of CAER) has at any time been authorized to CWS License and O&M Agreement Bay Area Air Quality Management District Page 5 make any representation, promise or agreement of any kind or character regarding the Community Warning System and the Licensor Equipment. If any such representation, promise or agreement was made by any person, in any capacity, neither party shall or is relying on such representation, promise or agreement, and expressly waives, releases and holds any such person and the other party harmless from any claim or liability due to such representation, promise or agreement. 15. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. The venue of any legal action between the parties arising out of this Agreement shall be Contra Costa County, California, which courts shall have exclusive jurisdiction over such legal action. 16. INVALID PROVISIONS. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 17. EMPLOYEES. Neither party's agents, employees, contractors or subcontractors shall be deemed to be the agents, employees, contractors or subcontractors of the other. 18. . EMERGENCY. In the event of a natural disaster or accident, Licensor shall endeavor to take such actions as are reasonably necessary or appropriate to minimize damage to the.Licensor Equipment'. Licensor shall notify County as soon as.practicable of its inability to protect the licensor Equipment and shall abide by the County's instructions regarding the Licensor Equipment. 19. _ NO THIRD PARTY BENEFICIARIES. It is mutually recognized that the Licensor Equipment is operated to serve a public purpose; therefore, the County's population and other persons may incidentally benefit from this Agreement. However, it is not the intention of either the County or Licensor that such persons occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Agreement. This Agreement is by and between Licensor and County only, and except for the release provision in Section 14, is not intended to and does not benefit or grant any rights to any other person. 20. SURVIVAL. The provisions of sections 9, 10, 15, 16, 19, 20 and 22 shall survive the termination of this Agreement. 21. COUNTERPARTS. This Agreement may be executed in two counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. CWS License and O& M Agreement Bay Area Air Quality Management District Page 6 22. CONSTRUCTION. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date indicated below. BAY AREA AIR QUALITY CONTRA COSTA COUNTY, a political MANAGE T DISTRICT subdivision of the State of California B By: Board Chair Da � Attest: Clerk of the Board of Supervisors Attest: By: Deputy Clerk Date: March 7,2001 H:WAZMAT\CWS1O8 301%agencyWr.wpd App v da o ROBERT N. KWONG District Counsel Community Warning System -Equipment List Facility: CWS Terminal — Bay Area Air Quality Measurement District (baaqmd) Description Model Number Quanti 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor CTX SVGA 1 Furniture/Cart Global-AC5170 1 1250 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyp haser-IS-B50LN- 1 CO CWS Terminal Computer Sage-AComp 1 Short Haul Modem EAZY SHM-B 2WR-A 2 ME755A Mouse Microsoft-Serial Mouse 1 Keyboard Various 1 Strobe/Buzzer RS-Strobe 1 Various Cables & Connectors N/A Lot EXHIBIT A Last updated on March 6, 2001 Page- 22 cu U pE O d N NE Ln S � � a CL CN O �' rn O •c � � "'U > aria o� O Q � .c �n Uv o V0 z° mE U O (0 •0 E 0)� C N m 0 � �Y E WOO O C L Q o o "' << U) 02E: � U = a° � � � mo' o a 0) mo E3 � U /� zoA CL Q C O � o N�=o m � .fl .� a o L a W Q o� EO =a O a 0 F- a = > U = o N ` Lij N Lc-Dj � o M a Va C c ca C L LF : J �� LICENSE AGREEMENT (Mirant Delta, LLC and County) 1. PARTIES. Effective on the date signed by both parties hereto, this LICENSE AGREEMENT ("License") is entered into by and between Mirant Delta, LLC, a wholly owned subsidiary of Mirant Corporation, a Delaware corporation ("Licensor"), the owner of the real property located at 3201 Wilbur Avenue, Antioch, California (the "Property"), and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County"). 2. COMMUNITY WARNING SYSTEM EQUIPMENT. A. County intends to accept or has accepted as a donation from the Contra Costa CAER Group, Inc., a Community Warning System. The Community Warning System includes certain equipment (such as sirens) located at various sites. B. A portion of the equipment(the "Subject Equipment") is located on the Property. The Subject Equipment is identified on EXHIBIT "A" attached hereto and incorporated herein by this reference, and located in the area of the Property shown on EXHIBIT "B" attached hereto and incorporated herein by this reference. 3. LICENSE. Licensor hereby grants to County(including its agents, employees and contractors) a license and right to enter the Property, at County's discretion, for the purposes of installing, inspecting, maintaining, repairing, replacing and removing the Subject Equipment, including all necessary rights of access. . 4. LIMITED.RELEASE, INDEMNITY. Except to the extent caused by the negligence or willful misconduct of Licensor, if a County employee or agent.is injured or killed, or County property or the property of,a County employee or agent is.damaged, , while at the Property pursuant t6the rights granted hereunder, County'shall release Licensor, and shall indemnify, defend and hold Licensor harmless from and against any and a!I liability to County or to County's employee or-agent for such injury, death or damage to County property or the property of a County employee or agent. County's agreement to release, indemnify, defend and hold Licensor harmless from liability to the County or a County employee or agent as set forth in this section shall not extend to the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the negligence or willful misconduct of Licensor, its agents or contractors. Licensor shall remain responsible for said damages, expenses and attorneys fees in an amount proportionate to Licensor's negligence or willful misconduct without contribution to that portion from the County. 5. TERM, TERMINATION. The term of this License shall be one year, commencing on the effective date. Thereafter, this License shall be automatically renewed annually, on a year-to-year basis. This License may be terminated at any time by either party upon thirty days' prior written notice to the other. LICENSE AGREEMENT Mirant Delta,LLC and County Page 2 6. NOTICE. Notice hereunder shall be served personally or by certified mail, return receipt requested, addressed as follows, and shall be effective upon delivery at the indicated address: Licensor: County: Mirant Delta, LLC County Administrator Environmental Health and Safety Department 651 Pine Street, 11"' Floor P.O. Box 192 Martinez, CA 94553 696 West 10"' Street Pittsburg, CA 94565 The above information may be changed by either party by providing thirty days notice to the other. 7. REMOVAL. County shall promptly remove the Subject Equipment upon termination of this License. If this License is terminated and County does not remove the Subject Equipment within ninety(90) days after the termination date set forth in the termination notice, Licensor shall have the right to use, abandon and/or dispose of the. Subject Equipment without compensation to County. 8. ENTRY NOTICE. Except in an emergency, County shall provide Licensor at least 24-hours' advance notice, which may be by telephone, at the address and telephone number written above, before entering the Property. 9. UTILITIES. Licensor shall provide and pay for all utilities for the Subject Equipment. _.. 10. NO THIRD PARTY BENEFICIARIES. It is mutually recognized that the Subject Equipment is intended to serve a public purpose; therefore, the County's population and other persons and entities, may incidentally benefit from this License . However, it is not the intention of either County or.Licensor that such persons or entities occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this License . This License is by and between Licensor and County only, and is not intended to and does not benefit or grant any rights to any other person or entity. 11. REMEDY. Except as provided in Section 4 (Limited Release and Indemnity), the sole and exclusive remedy for any breach or default of this License by either party shall be the termination of this License in accordance with Section 5 (Term, Termination). Except as provided in Section 4 (Limited Release and Indemnity), under no circumstances is either party to receive or be subject to damages, including, but not limited to, special, incidental or consequential damages, or be entitled to or be subject LICENSE AGREEMENT Mirant Delta,LLC and County Page 3 to, any other remedy provided at law or equity for the breach, whether negligent or intentional, of this License . 12. SUCCESSORS AND ASSIGNS. This License shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. 13. AMENDMENT. This License may not be changed, modified or amended except in a writing signed by both parties. 14. LICENSOR'S CONTINUED RESPONSIBILITY FOR UNAUTHORIZED RELEASE. Licensor understands and agrees that nothing associated with this License or the CWS, including, but not limited to, County's ownership, maintenance and/or operation of the CWS (such as malfunctions, however caused, of the CWS), or County's approval of any plan which mentions or relies upon the CWS, shall relieve Licensor of any liability or responsibility related to or associated with any unauthorized release, including, but not limited to, any duty or obligation on the part of Licensor, under any law, to prevent, notify or.mitigate the impacts of any unauthorized release. Licensor understands and agrees that County has accepted ownership of the CWS only to enhance its ability to provide notification of and to respond to an emergency, such as an unauthorized release, in its discretionary governmental capacity. County makes no promises or representations to Licensor or any other person regarding the operation or maintenance of the CWS in any manner or for any purpose, or the continued operation in any manner of the CWS. Licensor understands and agrees that County does not intend by this License to in any way waive any of its statutory or other immunities, nor is County assuming any duties, responsibilities or liabilities of any nature. 15. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement. between the parties regarding the.operation, maintenance and"repair of the Subject Equipment and merges and supersedes all prior discussions, writings, agreements and understandings of the parties with respect to such matters. 16. NO RELIANCE ON PRIOR REPRESENTATION. Both parties agree that no person acting on behalf of the other(including, without limitation, any representative, employee or agent of CAER) has at any time been authorized to make any representation, promise or agreement of any kind or character regarding the Community Warning System and the Subject Equipment. If any such representation, promise or agreement was made by any person, in any capacity, neither party shall or is relying on such representation, promise or agreement, and expressly waives, releases and holds any such person harmless from any claim or liability due to such representation, promise or agreement. 17. GOVERNING LAW. This License shall be governed by, and construed and enforced in accordance with the laws of the State of California. The venue of any legal LICENSE AGREEMENT Mirant Delta, LLC and County Page 4 action between the parties arising out of this License shall be Contra Costa County, California, which courts shall have exclusive jurisdiction over such legal action. 18. INVALID PROVISIONS. The invalidity or unenforceability of any provision of this License shall not affect the other provisions hereof, and this License shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 19. EMPLOYEES. Neither party's employees, subcontractors or agents shall be deemed to be the employees, subcontractors or agents of the other. 20. SURVIVAL. The provisions of sections 4, 7, 11, 14, 15, 16, 17, 20 and 21 shall survive the termination of this License. 21. CONSTRUCTION. The section headings and captions of this License are, and the arrangement of this instrument is, for the sole convenience of the parties to this License. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this License. This License shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this License and their counsel have read and reviewed this License and agree that any rule of construction to the . effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this License. IN WITNESS WHEREOF, the parties hereto have executed this License as of the date(s) indicated below. MIRANT DELTA, LLC COUNTY OF CONTRA COSTA pf, By: viz.,A�,�y By: ,� �" _ - Date: By: L�.;ej t'nW deices Attest: Clerk of the Board of Supervisors. Date: By Deputy Acknowledgment required. H.HAZMA'RCW SIAGROTH%03011mimtwpd Community Warning System -Equipment List Facility: Siren P03 —Antioch, PG&E Plant Description Model Number Quanti Federal Signal Siren Head FS-EOWS612 1 FS Controller w/cabinet 1 FS Siren Batteries w/cabinet 1 Com uLert Console ASC-Com uLe►t 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 Associated cables &Conduit N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Util' Pole Preexistinginstallation EXHIBIT A Last updated on March 6, 2001 Page-43 b3 :- -_-_-_-_f.: '..rt� k4l - _-_-_- FEDERAL WARNING SYSTEMS : - Electronic Outdoor Warning Siren Extended electronic siren ING WAIL, PULSED WAIL, k. coverage from a rotating STEADY (ALERT), PULSED uni-directional speaker STEADY, ALTERNATING array STEADY, and WESTMINSTER CHIME. Custom tones are op- Distinct signals cannot tional be confused with emergency vehicles A highly reliable freeze and rust resistant rotating mechanism is Digital Voice option used. The mechanism allows generates clear, highly smooth, continuous, stall-free Intelligible audio rotation.The siren projects sound over a 3600 horizontal area for it Dedicated landline, maximum.coverage. The Home manual control or Remote option permits transmis- , optional radio remote sion of voice or warning signals in control any one of four directions(zones) 90° apart. Fully tested in an . anechoic chamber OPTIONS The Digital Voice option gener- Sectional rear panels.for ates clear,highly intelligible audio easy servicing when playing a selected recorded message. Four (4) blank chips Pole mount standard are standard, with a maximum of six(6) blank chip digital.capacity. DESCRIPTION All messages are prerecorded on The model EOWS'612 speaker a voice system which can be con- array combined with the model figured for single play or MC3012 control (purchased repeated play. .j O separately) is capable of produc- Q. ing high intensity warning signals The optional Radio Remote and voice communication over a Control is available in Two-Tone large area. This uni-directional, Sequential, DTMF or FSK. This rn rotating array, of six horns with option is ideal where landlines are twelve, 100 watt drivers is for use not available or are impractical. O in situations where wide area coverage is critical. APPLICATIONS ' The model EOWS'612 speaker FEATURES array is intended for industrial and The model EOWS`612 is capable municipal applications. Some of producing voice messages and other specific uses are employee 3 seven standard tones which warning/alert, coded tone signal- include:WAIL(ATTACK),ALERT- ling,explicit voice instruction, start/ x' N ELECTRONIC OUTDOOR WARNING SIREN SPECIFICATIONS EOFISx612 Model EOWS*612 CRANE LIFT EYEBOLTS (2) Number of Speakers: 6 speakers, 12 drivers I Speaker Type: Exponentially flared, re-entrant Dimensions (HWD): 81.5"x51.6"x32.8" Weight (approx. including SPEAKER CABLE .150 NOM. 0.0. mounting hardware): 307 lbs(168 kg) TM CONDEDUIT 9 CL�s) (CUSTOMER SUPPL(EO) Output Rating @ 100ft.: 124dB(c) INSTALL 5/0" LAG BOLTS t SHIMS (CUSTOMER SUPPLIED) AS REOUIREO BETWEEN ANGLE LEGS It POLE. Effective Range @70 d6(c): 4800 ft. I Signal Frequency: 300/1050 Hz ' Amplifier Power: 1200 watts(nominal) HOW TO ORDER: WIRE E04 COPPER, CONNECT Siren LOWS"612 (CUSTOMER SUPPLIED)�D ROD TLY. - 1 Control MC3012 RADIO ANTENNA (IF REO'0) _ REFER TO 1-1/4' CRAuE LIFT NOLE OPTIONS: CONTRACT SPEC. (CONTROL UNIT Y BATTERY BOX) Radio receiver/decoder: SIREN CONTROL Specify RF in megahertz Specify CTCSS in hertz(if applicable) BATTERY Box Specify antenna and cable Specify Two-Tone Sequential, DTMF or FSKERVIOCtE DIStCOMECT (CUSTSpecify control tones (IF REOUIREO) Specify tone timing CONTROL oOL �iPGRl� WIRE l Digital Voice _ OLE Solar Power: . (CUSTOMER°sir(rl(iiEb) Contact factory _ REFER TO CONTRACT SP CS. a GROUND ROO TO BE 6 FT, M COPPER WITH CLAW (CUSTOMER SU?PL[ED) V11 GROUND LEVEL CONCRETE FOOTING OPTIONAL CONTRACT SPECIFICATIONS DETERMINE NOTE. GRAYING DEPICTS A TYPICAL INSTALLATION ALWAYS REFER TO LOCAL AND NATIONAL ELECTRICAL BUILDING CODES fill BEFORE PROCEEDING WITH INSTALLATION. NOTEe CERTAIN SOIL CONDITIONS MAY GUYING FOR THE POLE. SolREQUIREFEDERAL SIGNAL CORPORATION Federal Warning Systems 2645 Federal Signal Drive,University Park.IL 60466-319 4194 Sales 900154R-77?4 F1.)v 7AAKIn AQ— ...+....,....www.,» .... .,. u + �::.n...•..a.�rrn.,til.. 0 1 1 �'�r.' •ti' t YH. r • "' ZS 40 f J '�• XINT Y• PK Y lbr C j11J pOr95r� ti�, y�f+{ Qpq�bq` •� I— AM YIN A 'w� ¢ 'NLNI« +�:. �I i`�y�( ' t�2a � P`i'le! � � 1. (. �•r � xu(uw crA l_ yLMAI{L i t ~ A i tn w 1 r"i_•1• ..F z Yrvr u 3 MY i f if i it IL AN r , f•1't � ham'—. a"- � c < �` L Ylc E a ♦ri Li» .SAM1 rt11v] IHIg ..M FVM7 • „ _ FV ilei- Ar bcc - L♦ LQ t _ _^ ___ i - __•.. - N5 �iy f f•t/ _ `g.fat - t ¢ Kl � I , ,+' 1 V� �« ^.�N\_u+•f .t" :..L.i V ' •""a31urnU 7INnY'!01 .3 �: i• Q � 1 1 •\ 11 ..—_._-._�... __ ____..+.... 1. 1 O I 3A15 ' C WW2 ao I S a y 6bOAA 6 ra11 LH ,.L•.' y x N•1------i�1 via ; i< ; �v v3it3�uullt �^'" —L— --- as Ob vOaaYN SOAOTI Sia .w. Qr I d--.r.,. AAi tl I V r NV .- ... _. .- elm •, TIf wvi 1iw71M lul 0 q.n3 Lfn Ir«Mitt Uj 4 z NaZ 1 o � 1 ;a � nl ' "tWM1Qp��'�''•, W � v,/ � . + Y i c `+B AV ri LICENSE AGREEMENT (Mount Diablo Unified School District and County) 1. PARTIES. Effective on the date signed by both parties hereto, this LICENSE AGREEMENT is entered into by and between the MOUNT DIABLO UNIFIED SCHOOL DISTRICT("Licensor"), the owner of the real property located at 205 Pacifica Ave., Bay Point, California, commonly referred to as Riverview Middle School (the"Property"), and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County"). 2. COMMUNITY WARNING SYSTEM EQUIPMENT. A. County intends to accept or has accepted as a donation from the Contra Costa CAER Group, Inc., a Community Warning System. The Community Warning System includes certain equipment(such as sirens) located at various sites. B. A portion of the equipment(the"Subject Equipment") is located on the Property. The Subject Equipment is identified on EXHIBIT "A" attached hereto and incorporated herein by this reference, and located in the area of the Property shown on EXHIBIT "B" attached hereto and incorporated herein by this reference. 3. LICENSE. Licensor hereby grants to County(including its agents, employees and contractors)a license and right to enter the Property, at County's discretion, for the purposes of installing, inspecting, maintaining, repairing, replacing and removing the Subject Equipment, including all necessary rights of access. 4. LIMITED.RELEASE,-INDEMNITY. Except to the extent caused by'the . negligenve or willful misconduct of Licensor, ff a County employee or agent is injured or killed,-or County propeity.or the property of a County employee or agent is damaged, while at the Property pursuant to the rights granted hereunder. County shall release -Ucensor, and shall indemnify, defend and hold Lioensor harmless from and against any and all liability to County or to County's employee or agent for such injury, death or damage to County property or the property of a County employee or agent. County's agreement to.release, indemnify, defend and hold Licensor harmless from liability to the County or a County employee or agent as set forth in this section shall not extend to the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the negligence or willful misconduct of Licensor, its agents or contractors. licensor shall remain responsible for said damages, expenses and attorneys fees in an amount proportionate to Licensor's negligence or willful misconduct without contribution to that portion from the County. 5. TERM,TERMINATION. The term of this license Agreement shall be one year, commencing on the effective date. Thereafter, this license Agreement shall be automatically renewed annually, on a year-to-year basis. This License Agreement may LICENSE AGREEMENT ML Diablo Unified School District and County Page 2 be terminated at any time by either party upon thirty days' prior written notice to the other. 6. NOTICE. Notice hereunder shall be served.personally or by certified mail, return receipt requested, addressed as follows, and shall be effective upon delivery at the indicated address: Licensor: County: District Superintendent County Administrator Mount Diablo Unified School District 651 Pine Street, 11 t, Floor 1936 Carlotta Drive Martinez, CA 94553 Concord, CA 94518 The above information may be changed by either party by providing thirty days notice to the other. 7. REMOVAL. County shall promptly remove the Subject Equipment upon termination of this License Agreement. If this License Agreement is terminated and County does not remove the Subject Equipment within ninety(90)days after the termination date set forth in the termination notice, Licensor shall have the right to use, abandon and/or dispose of the Subject Equipment without compensation to County. 8. ENTRY NOTICE. Except in an emergency, County shall provide Licensor at least 24-hours' advance notice,which may be by telephone, at the address and; telephone number written above,'before entering the Property. 9 UTILITIES. Licensor shall provide and pay for all utilities for the Subject Equipment. 10. NO THIRD PARTY BENEFICIARIES. It is mutually recognized that the Subject Equipment is intended to serve a public purpose; therefore, the County's population and other persons and entities, may incidentally benefit from this License Agreement. However, it is not the intention of either County or Licensor that such persons or entities occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this License Agreement. This License Agreement is by and between Licensor and County only, and is not intended Wand does not benefit or grant any rights to any other person or entity. 11. REMEDY. Except as provided in Section 4 (Limited Release and Indemnity), the sole and exclusive remedy for any breach or default of this License LICENSE AGREEMENT Mt.Diablo Unified School District and County Page 3 Agreement by either party shall be the termination of this License Agreement in accordance with Section 5 (Term, Termination). Except as provided in Section 4 (Limited Release and Indemnity), under no circumstances is either party to receive or be subject to damages, including, but not limited to, special, incidental or consequential damages, or be entitled to or be subject to, any other remedy provided at law or equity for the breach, whether negligent or intentional, of this License Agreement. 12. SUCCESSORS AND ASSIGNS. This License Agreement shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. 13. AMENDMENT. This License Agreement may not be changed, modified or amended except in a.writing signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the date(s) indicated below. MOUNT DIABLO UNIFIED SCHOOL COUNTY OF CONTRA COSTA DISTRICT l By: By: Date: ?j l 1 Date: Attest: Clerk of the Board of Supervisors. Attest: By Deputy H1HAOAA-nCWSI4kGROTHW301AnMmMmnWM.wpd Community Warning System -Equipment List Facility: Siren B01 — Bay Point, Riverview School Descri tion Model Number Quanti SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables &Conduit N/A 1 Last updated on March 6, 2001 Page- 34 d ' Siren locution ©1 • If s ' ,n FM IN • i • l ,* IMs Protect: Contra Costa { i community Warning System SAGE s nlodfng Systems.hc. --- 700 coria►sir"t star r«d cr 06402 v tak 1203 W IA6a RK ffli�671631 .' (bi0i�70 7604 F=(Sr4)s70 7606 .m ftf Subject DAYPOtNT SIREN installation plan - location Name&date: Efrcim PON Aug. 16. 1495 7 OPERATION PROTOCOLS FOR THE COMMUNITY WARNING SYSTEM Prepared for USERS OF THE COMMUNITY WARNING SYSTEM by CONTRA COSTA HEALTH SERVICES June 19, 2001 Chapter 1 Introduction I. What the Operation Protocols Covers. The Operation Protocols is a policy and guidance document to assist in the use of the Community Warning System ("CWS"). It supplements the CWS User's Manual,-which covers step-by-step operation information, and the CWS Hazardous Materials Accidental Release Matrix. The Operations Protocol covers matters such as: -Who will operate the system. -What the system does. -When the system would be used and under what conditions. II. Design of the Community Warning System A. General. The Community Warning System is designed to alert and notify the community and public agencies. when there is an accidental release of a hazardous material that could affect the community. The system may also be used in fire,law enforcement,natural disasters,and other public health incidents. B. Alerting. The alerting portion of the system consists of sirens. The sirens are located around the facilities that pose the greatest potential risk to the community from a hazardous material release. The sirens are designed to alert the people who'are outdoors in the communities closest to these facilities. C. Notification. The notification portion of the system consists of: 1. The ability to communicate by radio transmission between CWS computer terminals that are located at selected facilities and at Contra Costa Health Services("Health Services"),the Contra Costa County Office of Emergency Services ("OES"), Contra Costa County Fire Protection District("CCCFPD"),Bay Area Air Quality Management District("BAAQMD"), United States Coast Guard("USCG"),Sheriff's 9-1-1 dispatch("COMM 1"),and the Cities of Richmond, Pinole, Martinez,and Antioch Police Departments. Apri16, 2001 Page 1 OVAY DOCUMFNTSNMSXOPFRATION PROTOCOLS.DOC 2. The ability to get emergency information to the media,including television stations,radio stations, and cable television head ends. 3. The ability to connect with an automated telephone.dialing system. The automated dialing system is initiated automatically by the CWS for programmed sequences. For all other incidents, the Health Services initiates the dialing system. 4. The ability to transmit emergency information to National Oceanic and Atmospheric Administration ("NOAA") weather radios. D. "Programmed Sequences." Classification"levels"of releases of hazardous materials,and the required emergency response and notification for each level, have been developed. For classification levels of releases, refer to the Community Warning System Hazardous Materials Accidental Release Matrix ("Matrix"), attached hereto as Appendix 1,as the Matrix may be amended from time to time by Health Services. The CWS has been programmed to initiate a sequence of actions for accidental releases of hazardous materials, depending upon the "level" of the release incident. This programming is referred to as a"programmed sequence." For example, if the CWS is activated by a facility for a Level 0 event,the CWS will notify Health Services. If the CWS is activated for a Level 3 incident, the CWS will activate sirens and an automated telephone dialing system, and notify designated regulatory and response agencies and the media. Programmed sequences have been developed for the facilities that pose the greatest potential risk to the communities and which have CWS computer terminals III. Remaining Chapters The remaining chapters will discuss the operation protocols for the Community Warning System. Each of the remaining chapters has been designed to stand-alone for use in different situations. At a future date, the County may consider developing protocols for other incidents, such as fire incidents, law enforcement incidents,natural disasters,and public health incidents. April 6, 2001 Page 2 C:NY DOCUMENTS%CWSNOPERATION PROTOCOLS.DOC IV. Abbreviations Used The following is a list of the abbreviations or abbreviated terms used herein. BAAQMD Bay Area air Quality Management District CAER Contra Costa County CAER Group, Inc., a California non-profit public benefit corporation CCCFPD Contra Costa County Fire Protection District COMM1 Sheriff's 9-1-1 Dispatch Center CWS Community Warning System EDIS Governor's Office of Emergency Services Emergency Digital Information Service ERPG 2 Emergency Response Planning Guidelines Level 2 Health Services Contra Costa Health Services Matrix Community Warning System Hazardous Materials Accidental Release Matrix NOAA Oceanic and Atmospheric Administration NWS National Weather Service OES Contra Costa County Office of Emergency Services PMAO . Petrochemical.Mutual Aid Organization USCG United States Coast.Guard April 6, 2001 Page 3 C.WY DOCU[ENTSOCWMPFRAnoN PROTOCOLS-DOC Chapter 2 Hazardous Material Releases from Facilities With a CWS Computer Terminal I. Facilities with CWS Computer Terminals and Sirens. As of the date of this printing of the Operation Protocols, the following facilities have CWS computer terminals and can activate sirens: Chevron Richmond Refinery-Richmond Tosco San Francisco Area Refinery-Rodeo Equilon Martinez Refining Company(MRC)-Martinez Rhodia-Martinez Ultramar Golden Eagle Refinery-Avon Dow Chemical-Pittsburg II. How the Community Warning System has been Programmed Each CWS computer terminal interfaces with the entire CWS to improve emergency, . communications during certain programmed events. In addition,the CWS has been programmed to initiate a sequence of actions for accidental hazardous materials release events. Each facility with a CWS, computer terminal has-the programmed sequences for release events from that facility programmed into its computer terminal. Computer terminals located at COMM 1,-Contra CCCFPD dispatch center; OES, and Health Services have been programmed with all of the Level 2 and 3 programmed sequences for all of the facilities with computer terminals. III. Categories of Incidents Different categories of incidents require different types of response. A response to a toxic gas release will differ from a response to a fire or an explosion. Health Services has established four categories of incidents for fixed facilities to assist the emergency response agencies in responding to such incidents. They are: Toxic Gas Release(TGR), Apri16, 2001 Page 4 CAMY DOCUMENTS CWS10PFRAnoN PROTOCOLS.DOC Flammable Non-Toxic Hazardous Release(FNTHR), Various Fires/Explosions (VFE), and Various Spills/Plant Upsets (VSPU). A. Toxic Gas Release. This category is used for those chemicals that are either gases or liquids with a high enough vapor pressure that when released would form a vapor cloud and could have an acute health consequence to the community. These chemicals are normally listed as extremely hazardous substances or acutely hazardous materials. B. Flammable Non-Toxic Hazardous Release. This category is for releases of chemicals that are flammable, but have not ignited. This could be in the form of a vapor cloud or liquid spill. The concern is a possible ignition and subsequent fire. C. Various Fires/Explosions. This category is for fires or explosions at a fixed facility. In some cases the facility may have not caused the fire(such as a grass fire),but the fire could be of concern to the public. Different sizes of fires and explosions will require different levels of alerting and notifications. D. Various Spills/Plant Upsets. This category is for incidents that do not fit in the above three categories. Examples include an oil spill on a waterway,a spill of an acidic or basic material that could be corrosive and dangerous to the public,or a release of an aerosol or solid powder material that could have an acute health consequence on the public. IV. Levels of Notification and Response There are four levels of notification and response. See the Matrix for details on the levels and the notification and alerting for each level. Level U is a communication level between the,facility and Health Services. The purpose of this communication level is to inform the Health Services Incident Response Team of any non-standard activity at a facility where there is a potential for public concern. A Uvel 0 incident must be easily contained and controlled by plant personnel Level 1 is the notification level used to notify Health Services,the local fire and law enforcement 9-1-1 dispatchers that have CWS terminals,BAAQMD,USCG and QES of an incident where there is an on-site problem that,if not contained,could cause an off-site health and safety problem. Level 2 is for an incident requiring a response. At this level,there may be an off-site concern by the community;however,no health risk to the community is expected. Health Services,the local fire and law enforcement agencies/9-1-1 dispatch centers that are connected to the CWS, BAAQMD, April 6, 2001 Page 5 c:1MY oocuMENTsvcwsNomkAnoN PROTOCOIS.DOC USCG,and OES are notified. Health Services and the local law enforcement and fire agencies will respond. An advisory notification will be made to the television stations and radio stations that are a part of the system. Level 3 is for an incident requiring a response,outside assistance to.the incident, and an off-site consequence is expected. Alerting will be done using sirens. The community will also be notified by sending messages to television and radio stations,by the automated telephone dialing system,and NOAA weather radios. Health Services,the local fire and law enforcement agencies/9-1-1 dispatch centers that are connected to the CWS,BAAQMD,USCG,and OES will be notified. At this level, mutual aid may be required from government agencies and the Petrochemical Mutual Aid Organization(PMAO). The response to hearing the sirens and the message from media notification is to shelter-in-place and turn on a radio or television for more information. V. Incident Notification. Health Services' Incident Notification Policy requires facilities to notify Health Services of certain incidents. At this time, facilities are expected to notify Health Services Incident Responders through the CWS and by pager.2 VI. Overview of System Activation, Alerting, Notification and Emergency Response If there is an incident of any level at a facility with a CWS computer terminal, the facility is to activate-the CWS immediately. The facility will be able to activate the CWS by using the CWS computer terminal and/or,a push button unit at the site. Facilities with push-button capability are expected to use'that option fora Level 3 incident. Health,Services or the facility can at any time during an incident increase the classification level(e.g. from a Level 2 to a I:evel 3). If it will not delay measures to protect the health and safety of the CAER intends to donate NOAA Weather Radios to schools,day care facilities,hospitals, and long-term health care facilities in the future. In addition,the State Office of Emergency Services plans on installing a slave transmitter on Mt.Diablo,which should improve NOAA Weather Radio coverage in Contra Costa County. 2 Immediate notification is required for any release or threatened release of a hazardous material that poses a present or potential hazard to human health and safety,property or the environment. (Contra Costa County Health Services Hazardous Material Incident Notification Policy IV.A.1.) In addition,Contra Costa County Ordinance Code section 450-2.016 requires a handler to report to Health Services immediately upon discovery, any release of a hazardous material reportable under any law to any federal, state or other local regulatory agency. April 6, 2001 Page 6 CAW nocuMFNTWWSWERATIO a PROTOCOLS-DOC community, this change in classification should be done in coordination with the Incident Commander, the facility and other responding agencies. VII. What the CWS Does Upon Activation. Level 0: Upon a Level 0 activation by a facility, the CWS communicates the event to Health Services. Level 1: Upon a Level 1 activation, the CWS will notify Health Services, the local fire and law enforcement agencies/9-1-1 dispatch centers, BAAQMD, USCG, and OES. There will be no media notifications or alerts to the community at this level. Level 2: Upon a Level 2 activation,the CWS will notify the same agencies notified for a Level 1 activation. The programmed sequence for a Level 2 activation will initiate a notification to the community through the Governor's Office of Emergency Services Emergency Digital Information Service(EDIS), which communicates with television and radio stations. The message given through EDIS to the radio and television stations is an advisory that states that there is an emergency at a particular facility and that most people will not be affected. Health Services will respond to a classification Level 2 incident. The local fire and law enforcement agencies may also respond to a classification Level 2 incident. Level 3: Upon a Level 3 activation, the CWS will notify the same agencies notified for a Level 1 activation. Health Services, local fire department and law enforcement agencies will respond. Under the programmed sequence for a Level 3 activation,•the community will be notified by television and radio through the Emergency Alert System(EAS);EDIS, and by a telephone call using the automated telephone dialing system. The automated dialing system is initiated to make calls to those down wind from.and nearest to the incident. :The message given to the community using all the above communication routes will be to shelter-in-place and tum on a radio or television for updated information. The programmed sequence will also activate sirens_to.alert the community. Each-facility has a predetermined grouping of sirens that will be sounded:.-It is also possible for the facility or Health Services to activate additional sirens as needed. VIII. Updates other than Upgrading the Classification Level of the Incident A. General. As an incident progresses,updates about the incident will become necessary. Updates(other than upgrading an incident)could include downgrading an incident,calling an incident"Under Control", or issuing an"All Clear." Updates will come from the facility and the agencies and issued to other agencies,the media,and other facilities. Health Services or OES will transmit to the media,updates April 6,2001 Page 7 CAMP DOCUNCENTS)CWSWERATION PtorocOLS.uoc pertaining to possible health effects of the incident A number of media follow-up message templates have been established. B. Downgrading, Calling "Under Control," or Issuing an "All-Clear." After an incident command system has been established,Health Services,working with the incident commander,the responding fire and/or law enforcement agencies,the facility,and other responding agencies,will decide on downgrading an incident,calling an incident"Under Control,"or issuing an "All Clear." The incident commander for hazardous materials releases in Contra Costa County is determined by the location of the incident as follows: Jurisdiction Incident Commander City of Richmond Richmond Fire Department Other cities City Police Department Non Highway or road incidents in Sheriff's Department the unincorporated areas of the County Highways/non-city roads CHP C. Follow-up Notifications and Updates from the Facility to the Agencies A facility may use the CWS to update the agencies that are connected to the CWS. If a facility uses its CWS computer terminal for:these updates;the same text message is given to all of the agencies that are connected to the sysfem. :However, there may be other means of communication that.are more appropriate duffing an,incident;such as one-on-one communication at the Incident Command Center or.with the.Emergency Operations Center. During a,Level 1 incident, the facility should provide regular updates using its CWS computer terminal. The facility should update the agencies every twenty minutes during the life of a Level I incident,unless the facility has notified the agencies that the Level 1 incident will last for a specific period of time(e.g.,excess flaring could last for a number of hours). D. Updates to the Media and the Community Health Services or OES will do the updates to the media. The media will be requested to broadcast. the updated information to the public. Whenever possible,updates to themedia and the community are to be done after consultation between the involved facility, the Incident Commander, Health Services,OES and the local fire and/or law enforcement agencies. April 6, 2001 .Page 8 c:W n0cuN0EtMC S%0PERwnoN PROToco►s.noc For a Level 3 incident the automated telephone dialing system may also be used to provide updates to the community. IX. Upgrading the Classification Level of the Incident It may be necessary during an incident to upgrade the classification level of the incident(i.e.,Level 1 to 2,Level 1 to 3,Level 2 to 3)because the incident spreads,the potential consequence of the release increases, or new information on the consequence of the incident becomes available. The facility, Health Services or the incident commander can initiate this upgrade. A. Upgrading the Classification Level by the Facility The facility may decide to upgrade the classification level of an incident. When a facility determines that the incident is described by a higher level, facility personnel is to activate the programmed sequence in the facility's CWS computer terminal for the higher level. B. Upgrading the Classification Level by Health Services Health Services, at its discretion, can upgrade the classification level of an incident. Whenever possible, Health Services will consult with the Incident Commander, the facility, and other responding agencies before upgrading an incident. When Health Services decides to upgrade an incident,Health Services will activate a programmed sequence. This will be accomplished in one of two ways: If a Health Services.Incident Responder has access to a CWS.computer terminal, he will . activate the programmed sequence for the higher classification. If Health Services.Incident Responders do not have access to a CWS computer terminal,they - will call COMM 1 and ask the.dispatcher to activate the appropriate programmed sequence by giving the classification'level of the incident. C. Upgrading the Classification Level by the Incident Commander The Incident Commander can request Health Services to upgrade the classification level of an incident. If Health Services decides to upgrade the incident, Health Services will follow the protocols stated in the above section. April 6, 2001 Page 9 OWY DOCUMENTSCWMPERATION PROTOCOLS.DOC Chapter 3 Hazardous Material Releases from Facilities Without a CWS Computer Terminal I. Facilities without a CWS computer terminal. Templates, designed to assist in the activation of the CWS for Level 2 and 3 incidents will be distributed to the facilities in the County that have a known potential to impact the community from an accidental release of a hazardous material and do not have a CWS computer terminal. Those facilities are: • Air Products at Equi Ion • Air Products at Ultramar • Antioch Water Treatment Plant • Calpine • General Chemical Bay Point • General Chemical Richmond • GWF Antioch (Wilbur Avenue east) • GWF Antioch (Wilbur Avenue west) • GWF Bay Point • GWF Pittsburg'(3`d:St.) • GWF Pittsburg(Loveridge) • HASA • Martinez Railyard • Randall Bold Water Treatment Plant • Pittsburg°Water Treatment Plant • Pittsburg Railyard • Polypure - • Richmond Railyard II. How the Community Warning System has been Programmed Each CWS computer terminal interfaces with the entire CWS to improve emergency communications during certain programmed events. In addition,the CWS will be programmed by July 1, 2001 to initiate a sequence of actions for accidental hazardous materials release events. Apri16, 2001 Page 10 OWY DOCUMFNT3VCWWPEPA77ON PRorocoLs.00c Templates have been developed for Level 2 and 3 events for facilities that have a known potential of having an accidental release that could impact the community and that do not have a CWS computer terminal. Computer terminals located at COMM 1, CCCFPD dispatch center, OES, and Health Services have been programmed with the Level 2 and 3 programmed sequences for all of these faci lities. III. Categories of Incidents Different categories of incidents require different types of response. A response to a toxic gas release will differ from a response to a fire or an explosion. Health Services has established four categories of incidents for fixed facilities to assist the emergency response agencies in responding to such incidents.. They are Toxic Gas Release (TGR), Flammable Non-Toxic Hazardous Release (FNTHR), Various Fires/Explosions (VFE), and Various Spills/Plant Upsets(VSPU). A. Toxic Gas Release. This category is used for those chemicals that are either gases or liquids with a high enough vapor pressure that when released would form a vapor cloud and could have an acute health consequence to the community. These chemicals are normally listed as extremely hazardous substances or acutely hazardous materials. B. Flammable Non-Toxic Hazardous Release. This category is for releases of chemicals that are flammable, but.have not ignited.. This:could be in the form of a vapor cloud or liquid spill. The concern is a possible ignition and subsequent fire. C. Various Fires/Explosions. This category is for fires or explosions at a fixed facility. In some cases the facility.may have not caused the fire.(such as a grass fire), but the fire could be•of.concern to the public. Different sizes of fires and explosions will require different levels of alerting arid'' " notifications. D. Various Spills/Plant Upsets. This category is for incidents that do not fit in the above three categories. Examples include an oil spill on a waterway, a spill of an acidic or basic material that . could be corrosive and dangerous to the public,or a release of an aerosol or solid powder material that could have an acute health consequence on the public. IV. Levels of Notification and Response There are four levels of notification and response. See the Matrix for details on the levels and the April 6, 2001 Page 11 CAMY DOCUMENTWWSUPERATION PROTOCOLS.DOC notification and alerting for each level. Level 0 is a communication level between the facility and Health Services. The purpose of this communication level is to inform the Health Services Incident Response Team of any non-standard activity at a facility where there is a potential for public concern. A Level 0 incident must be easily contained and controlled by plant personnel Level 1 is the notification level used to notify Health Services,the local fire and law enforcement 9-1-1 dispatchers that have CWS terminals,BAAQMD,USCG and OES of an incident where there is an on-site problem that, if not contained,could cause an off-site health and safety problem. Level 2 is for an incident requiring a response. At this level,there may be an off-site concern by the community;however,no health risk to the community is expected. Health Services,the local fire and law enforcement agencies/9-1-1 dispatch centers that are connected to the CWS, BAAQMD, USCG,and OES are notified. Health Services, local law enforcement and fire district/department will respond. An advisory notification will be made to the television stations and radio stations that are a part of the system. Level 3 is for an incident requiring a response,outside assistance to the incident,and an off-site consequence is expected. Alerting will be done using sirens. The community will also be notified by sending messages to television and radio stations,cable head ends,by the automated telephone dialing system, and NOAA weather radios3. Health Services, the local fire and law enforcement agencies/9-1-1 dispatch centers that are connected to the CWS,BAAQMD,USCG,and OES will be notified. At this level,.mutual.aid maybe required from government agencies and the Petrochemical . Mutual Aid Organization.(PMAO). be response to hearing the sirens and the message from media notification is to shelter-in-place and turn on a radio or.television for more information. . V Incident Notification Required. ]Health Services' Incident Notification Policy requirestacilitles to notify Health Services of certain incidents.-Facilides.without_CWS computer terminals are expected to notify Notifying Health Services Incident Responders by pager.° s CAER intends to donate NOAA Weather Radios to schools,day care facilities, hospitals, and long-term health care facilities in the future. In addition,the State Office of Emergency Services plans on installing a slave transmitter on Mt.Diablo, which should improve NOAA Weather Radio coverage in Contra Costa County. 'Immediate notification is required for any release or threatened release of a hazardous material that poses a present or potential hazard to human health and safety,property or the environment. (Contra Costa County Health Services Hazardous Material Incident Notification Policy IV.A.1.) April 6, 200.1 Page 12 C:VdY DOCUMENTSSCWSIOPERATION PROTOCOLS.DOC VI. Overview of System Activation, Alerting, Notification .and Emergency Response If there.is an incident of any level at a facility without a CWS computer terminal,the facility is to notify Health Services immediately. The facility can notify Health Services by pager or calling (925)646-1112 to do this notification. .OES, CCCFPD, and COMM1, after consulting with Health Services, and Health Services can activate the CWS for Level 2 and 3 incidents for facilities that do not have CWS computer terminals. Health Services can at any time during an incident increase the classification level(e.g.from a Level 2 to a Level 3). If it will not delay measures to protect the health and safety of the community,this change in classification should be done incoordination with the Incident Commander, the facility and other responding agencies. VII. What the CWS'Does Upon Activation Level 2: Upon a Level 2 activation, the CWS will notify Health Services, the local fire and law enforcement agencies/9-1-1 dispatch centers, BAAQMD, USCG, and OES. The programmed sequence for a Level 2 activation will initiate a notification to the community through the Governor's Office of Emergency Services Emergency Digital Information Service(EDIS),which communicates with television and radio stations. The message given through IDIS to the radio and television stations is an advisory that states that there is an emergency at a particular facility and that most people will not be affected. Health Services will respond to a Level 2 incident. The local fire and law enforcement agencies may also respond to a classification Level 2 incident. Level.3: Upon a Level.3 activation,the CWS will notify the same agencies notified for a,Level 2 activation.'s Health Services,the local fire department and law enforcement agencies will respond.:':. Under, the programmed sequence. for a Level 3 activation,,the community will be notified by television and radio through the Emergency Alert System(EAS),EDIS;and by a telephone call using the automated telephone dialing system. The automated dialing system is initiated to make calls to those down wind from and nearest to the incident. The message given to the community using all the above communication routes will be to shelter-in-place and turn on a radio or television for updated information. The programmed sequence will also activate sirens to alert the community. Each facility has a predetermined grouping of sirens that will be sounded. It is also possible for Health Services to activate additional sirens as needed. In addition,Contra Costa County Ordinance Code section 450-2.016 requires a handler to report to Health Services immediately upon discovery, any release of a Hazardous material reportable under any law to any federal, state or other local regulatory agency. April 6, 2001 Page 13 c:MY DOCUMENTMCWSUPERATION PROTOCOLs.noc VIII. Updates other than Upgrading the Classification Level of the Incident A. General As an incident progresses, updates about the incident will become necessary. Updates (other than upgrading an incident)could include downgrading an incident,calling an incident"Under Control", or issuing an"All Clear." Updates will come from the agencies and issued to other agencies,and the media. Health Services or OES will transmit to the media, updates pertaining to possible health effects of the incident. A number of media follow-up message templates have been established. B. Downgrading, Calling "Under Control," or Issuing an "All-Clear." After an incident command system has been established,Health Services,working with the incident commander,the responding fire and/or law enforcement agencies,the facility,and other responding agencies,will decide on downgrading an incident,calling an incident"Under Control,"or issuing an "All Clear". The incident commander for hazardous materials releases in Contra Costa County is determined by the location of the incident as follows:. Jurisdiction Incident Commander City of.Richmond Richmond Fire Department Other cities City Police Department Non Highway or road incidents in Sheriffs.Department , the unincorporated areas of the County Highways/non-city roads CHP C. Follow-up Notifications and Updates from the Facility to the Agencies The facility can update Health Services and other agencies during an incident using one-on-one communication at the Emergency. Operations. Center or the Incident Command Center or by telephone. During a Level 1 incident, the facility should provide updates to Health Services every twenty minutes during the life of the Level 1 incident, unless the facility has notified the Health Services that the Level 1 incident will last for a specific period of time(e.g., a spill within containment that could take hours to dispose). April 6, 2001 Page 14 CWY D0CUMFTI7'S\CWsVOPFRAn0N PROTOG'OLB.DOC D. Updates to the Media and the Community Health Services or OES will do the updates to the media. The media will be requested to broadcast the updated information to the public. Whenever possible,updates to the media and the community are to be done after consultation between the involved facility, the Incident Commander, Health Services, OES, and the local fire and/or law enforcement agencies. For a Level 3 incident,the automated telephone dialing system may also be used to provide updates to the community. IX. Upgrading the Classification Level of the Incident It may be necessary during an incident to upgrade the classification level of the incident(i.e.,Level 1 to 2,Level I to 3,Level 2 to 3)because the incident spreads,the potential consequence of the release increases,or new information on the consequence of the incident becomes available. The facility, Health Services or the incident commander can initiate this upgrade. A. Upgrading the Classification Level by Health Services Health Services, at its discretion, can upgrade the classification level.of an incident. Whenever possible, Health Services will consult with the Incident Commander, the facility, and other responding agencies before upgrading an incident. When Health Services decides to upgrade an incident Health Services will activate a programmed sequence. This will be accomplished in one of . two ways: If a Health Services Incident Responder has access to a CWS computer terminal, he.will activate the programmed sequence for the higher classification. If Health Services Incident Responders do not have access to a CWS computer terminal,they will call COMM 1 and ask the dispatcher to activate the appropriate programmed sequence by giving the classification level of the incident. April 6, 2001 Page 15 OV"DOCUMPNT'SVCWSNOPFRATION PROTOCOIS.DOC B. Upgrading the Classification Level by the Facility The facility may decide to upgrade the classification level of an incident. When a facility determines that the incident is described by a higher level, facility personnel is to contact Health Services as quickly as possible by either paging Health Services or by telephone. If Health Services decides to upgrade the incident, Health Services will follow the protocols stated above. C. Upgrading the Classification Level by the Incident Commander The Incident Commander can request Health Services to upgrade the classification level of an incident. If Health Services decides to upgrade the incident, Health Services will follow the protocols stated above. April 6, 2001 Page 16 OV"DOCUMR4 SKVSkOPERATION PRorocois.00c Chapter 4 Hazardous Material Releases While in Transportation I. How the Community Warning System has been Programmed Each CWS computer terminal interfaces with the entire CWS to improve emergency communications during certain programmed incidents. In addition,the CWS has been programmed to initiate a sequence of actions for accidental hazardous materials release incidents. A sequence is being developed for Level 2 and 3 transportation incidents involving hazardous materials. Transportation incidents(releases)could occur anywhere in the County. Sirens may or may not be in the vicinity of the incident and the 9-1-1 dispatcher in the area may not have a CWS computer terminal. Computer terminals located at COMM 1, CCCFPD, OES, and Health Services will be programmed with the Level 2 and 3 sequences for transportation incidents. II. Categories of Incidents Different categories of incidents require different types of response. A response to a pipeline incident may differ from a response to a train or truck accident,as a pipeline may not be as easily accessible as a train.or truck accident. The CWS has established two categories of incidents for transportation incidents. They are: Pipeline Incident(PI) Various Transportation Incidents(VTI) A.,Pipeline Incident.This category is for liquid spills-and gas releases from pipelines used'for transporting hazardous materials from,to,or between facilities that are outside the boundaries of a facility. B. Various Transportation Incidents. This category includes all other types of transportation incidents,including highway,railway,waterway,and airway transportation that involve hazardous materials. III. Levels of Notification and Response There are only two levels of notification and response. See the Matrix for details on the levels and the notification and alerting for each level. For transportation incidents, Levels 2 and 3 are April 6, 2001 Page 17 CAM nocuKEtxr CWWoeExnnoN PROTOCO S.nOC applicable.. Level 2 is for an incident requiring a response. At this level, there may be an off-site concern; however, no health risk to the community is expected. Health Services, the local fire and law enforcement agencies/9-1-1 dispatch centers that are connected to the CWS,BAAQMD,USCG,and OES are notified. Health Services, local law enforcement and fire agencies will respond. An advisory notification will be made to the television stations and radio stations that are a part of the system. Level 3 is for an incident requiring a response, outside assistance to the incident, and an off-site consequence is expected. Alerting will be done using sirens. The community will also be notified through the California Emergency Digital Information System ("EDIS") and the Emergency Alert System ("EAS") that sends messages to television and radio stations, cable head ends, by the automated telephone dialing system,and NOAA weather radios. Health Services,the local fire and law enforcement agencies/9-1-1 dispatch centers that are connected to the CWS,BAAQMD,USCG, and OES will be notified. At this level,mutual aid may be required from government agencies and the Petrochemical Mutual Aid Organization (PMAO). The response to hearing the sirens and the message from media notification is to shelter-in-place and turn on a radio or television for more information. IV. What the CWS Does Upon Activation OES, CCCFPD, and COMM1, after consulting with Health Services, and Health Services, can activate the CWS for Level 2 and 3 for transportation incidents involving hazardous materials. Level 2: Upon a Level 2 activation, the CWS will notify Health Services, the local fire and law enforcement agencies/9-1-1 dispatch centers, BAAQMD, USCG, and OES. The programmed sequence for a Level 2 activation will initiate a notification to the community through the Governor's Office .of Emergency .Services ,Emergency Digital Infoimation'..Service ("IDIS"), which communicates with television,cable head ends,and radio stations.'The message given through EDIS to the,radio and television stations is an advisory that states that there is an emergency at a particular location and that most people will not be affected. Health Services .will respond to a Level 2 incident.The local fire and law enforcement agencies may also respond to a Level 2 incident. Level 3: Upon a Level 3 activation, the CWS will notify the same agencies notified for a Level 2 activation. Health Services, local fire department and law enforcement agencies will respond. Under the programmed sequence for a Level 3 activation, the community will be notified by television and radio through the Emergency Alert System("EAS"),EDIS,NOAA weather radios5, 5 CAER intends to donate NOAA Weather Radios to schools,day care facilities, hospitals, and long-term health care facilities in the future. In addition,the State Office of Emergency Services April 6,2001 Page 18 CAMP DOCUMENT CWSWERATION PRorOColSDoC and by a telephone call using the automated telephone dialing system. The automated dialing system is initiated to make calls to those down wind from and nearest to the incident. The message given to the community using all the above communication routes will be to shelter-in-place and turn on a radio or television for updated information. Health Services will select the zones for the automated telephone dialing system activation, if appropriate, as well as which sirens to activate if any. V. Updates other than Upgrading the Classification Level of the Incident A. General As an incident progresses, updates about the incident will become necessary. Updates (other than upgrading an incident)could include downgrading an incident,calling an incident"Under Control", or issuing an "All Clear." Updates will come from the responding agencies and issued to other agencies and the media. Health Services or OES will transmit to the media, updates pertaining to possible health effects of the incident. A number of media follow-up message templates have been established. B. Downgrading, Calling "Under Control," or Issuing an "All-Clear." After an incident command system has been established,Health Services,working with the incident commander,the responding fire and/or law enforcement agencies, and other responding agencies, will decide on downgrading an incident or calling an "All Clear". The incident commander for hazardous materials releases in Contra Costa County is determined by the location of the incident as follows: Jurisdiction Incident Commander City of Richmond Richmond Fire Department Other cities City Police Department Non Highway or road incidents in Sheriff's Department the unincorporated areas of the County Highways/non-city roads CHP plans on installing a slave transmitter on Mt. Diablo, which should improve NOAA Weather Radio coverage in Contra Costa County. April 6, 2001 Page 19 CAMY DOCUMENTSICWSIOPERATION PROTOCOLS.DOC C. Follow-up Notifications. and Updates to the Agencies Health Services and other agencies can communicate using the CWS if they have access to a CWS terminal during an incident or may use,'if appropriate,one-on-one communication at the Emergency Operations Center or the Incident Command Center or by telephone. D. Updates to the Media and the Community Health Services or OES will do the updates to the media. The media will be requested to broadcast the updated information to the public. Whenever possible,updates to the media and the community are to be done after consultation between the Incident Commander,Health Services,OES,and the . local fire and/or law enforcement agencies. For a Level 3 incident the automated telephone dialing system may also be used to provide updates to the community. VI. Upgrading the Classification Level of the Incident A. General It may be necessary during an incident to upgrade the classification level of the incident(i.e.,Level 2 to 3) because the incident spreads, the potential consequence of the release increases, or new information on the consequence of the incident becomes available. Health Services or the incident commander can initiate this upgrade. B. Upgrading the Classification Level by Health Services Health Services, at its discretion, can upgrade the classification level of an incident. Whenever possible,Health.Services will consult with the Incident Commander and other responding agencies before upgrading an incident. When Health Services decides to upgrade an incident,Health Services will activate a programmed sequence. This will be accomplished in one of two ways: If a Health Services Incident Responder has access to a CWS computer terminal, he will activate theprogrammed sequence for the higher classification. If Health Services Incident Responders do not have access to a CWS computer terminal,they will call Sheriffs Comm 1 and ask the dispatcher to activate the appropriate programmed sequence by giving the classification level of the incident. C. Upgrading the Classification Level by the Incident Commander The Incident Commander can request Health Services to upgrade the classification level of an incident. If Health Services decides to upgrade the incident, Health Services will follow the protocols stated in the above section. April 6, 2001 Page 20 C WY DOCUIvQ7JTWWSNOPEF AT[ON PROTOCOIS.DOC Chapter 5 False Activation of the Community Warning System When there is a false activation of the CWS (either one or more sirens only or of a programmed sequence),it will be necessary to notify Health Services,the local fire and law enforcement agencies, the community, and the media. The degree of notification will depend on the level of the false activation. False Activation of Sirens Only. If there is a false activation of sirens only,there is an immediate need to notify the community. The public is being educated to shelter-in-place when they hear a siren;therefore,the community must be notified that there was a false activation of the siren(s) and that there is no hazardous materials incident. If facility personnel hear a siren and know that a Level 3 incident is not occurring at their facility, the facility should first activate shelter-in-place procedures, and page the Health Services Incident Responder as soon as possible 6 . If an individual from afire or law enforcement agency hears a siren and is not aware of a Level 3 incident occurring in the community,that individual is to contact his 9-1-1 dispatch center. If the 9- 1-1 dispatch center is not aware of a Level 3 incident occurring in the area,the 9-1-1 dispatcher is to page the Health Services Incident Responder. If 0-1-1 dispatch center is called by the public about a siren that has,been activated and the 9-1-1 dispatcher is unaware of a Level 3 incident occurring in the area,the 9-1-1 dispatcher is to advise the caller to"shelter-in-place"and then page the Health Services Incident Responder. In all of the above cases;'after.determining that a level 3 incident is not occurring,the-Health Services Incident Responder will do one of the following: If the Health Services Incident Responder has access to a CWS computer, he will notify television and radio stations,the participating 9-1-1 dispatch centers,BAAQIvM,USCG,and local fire and law enforcement agencies that there has been a false activation of a siren. A sequence named "False Activation of Sirens" has been designed to assist with this communication. 6 Sirens are tested each month on the first Wednesday at 11:00 a.m. All computer terminals have messages stating that a test is occurring. April 6, 2001 Page 21 C NY DOCUMFNfS1CWMPERAMN PROTOCOLS.DOC If the Health Services Incident Responder does not have access to a CWS computer terminal, he will call Sheriff's dispatch(COMM 1)and assist the 9-1-1 dispatch supervisor through the "False Activation of Sirens" sequence to transmit the information as described above. False Activation of the Community Warning System A false activation of the system could activate the sirens,automated telephone dialing system, and give false notification messages to EDIS, EAS, the National Weather Service ("NWS"), and the electronic media: If a facility or an agency personnel learns that the system has been falsely activated,.he should contact the 9-1-1 dispatch center as quickly as possible through the CWS and advise of the false activation. (This will allow the 9-1-1- dispatcher to advise callers of the situation.) Facility or vt agency personnel should page the Health Services Incident Responder immediately thereafter and advise Health Services of the false activation of the system. If a 9-1-1 dispatch center learns that there has been a false activation of the system,the dispatcher should page the Health Services Incident Responder immediately. In either case,the Health Services Incident Responder will do one of the following: If the Health Services Incident Responder has access to a CWS computer, he will notify television and radio stations,the participating 9-1-1 dispatch centers,BAAQMD,USCG,and local fire and law enforcement agencies.that there has been a false activation of a siren. A sequence named "False Activation of CWS" has been designed to assist with this communication. If the Health Services Incident Responder does not have access to a CWS computer terminal, he will call Sheriff's dispatch(COMM 1)and assist the 9-1-1 dispatch supervisor through the sequence to transmit the information as described above. April 6, 2001 Page 22 CAMP DOCUNC N7S\CWSQPERAT10N PRorococs.noc Chapter 6 Agency Use for Unspecified Incidents The CWS may be used for incidents that have not been described in previous chapters. Under what conditions would the Community Warning System be used? How will the system be activated? Who would activate the system? This chapter will address these questions along with follow-up notifications and updates, and upgrading an incident. I. Conditions for Using the Community Warning System for Unspecified Incidents The CWS may be used for incidents involving an imminent threat to the health and safety of the public, or if by using the system, the health and safety of the public could be protected. Fire incidents, law enforcement incidents,natural disasters,and public health incidents are all types of incidents during which the CWS could be used to provide warnings to the public. II. No Sirens Sirens have been designated for use only for hazardous materials incidents. III. Activation of the Community Warning System for Unspecified Incidents Any governmental agency can request the use of the CWS to provide notification to the public when such use will help to protect the health and safety of the public. The governmental agency is to contact Health Services Incident Responder for hazardous materials incidents or OES for all other incidents through COMM land request the activation of the CWS. If the Health Services Incident Responder or OES decides to activate the CWS for the incident that has been requested,they will do one of the following: If a Health Services Incident Responder or OES has access to a CWS computer,he will notify television and radio stations,through EDIS,and the local fire and/or law enforcement agencies of the incident that is occurring. It may also be appropriate for the Incident Responder or OES to activate EAS,use the automated telephone dialing system, and the NOAA weather radios. When a CWS computer terminal is not available to Health Services Incident Responders or OES, April 6, 2001 Page 23 CVAY DOCUM12fTSVWMPEPAnON PROTOCOLS-DOC they will call Sheriff s COMM 1 and walk the 9-1-1 dispatch supervisor through the activation of. the CWS. This will notify the participating television and radio stations,through EDIS,and fire or law enforcement agencies that are in the local area of the incident that is occurring. It may also be appropriate for the Incident Responder or OES to activate EAS, use the automated telephone dialing system, and the NOAA weather radios. IV. Follow-up Notification, Updates and Upgrades for Unspecified Incidents Heath Services or OES will do all follow-up notifications, such as an "All Clear" updates and upgrades in coordination with the requesting govemment response agency. After appropriate review of the incident by the appropriate response agencies,OES,and Health Services,Health Services or OES will notify the television and radio stations through EDIS,and local fire or law enforcement of the follow-up notifications, updates, and upgrades for the incident. April 6, 2001 Page 24 C:1MY DOCUMENTS%CWWPERATTON PROTOCOLS.DOC CCHS also administers Article 2 of Chapter 6.95 of the California Health and Safety Code, formerly referred to as the Risk Management and Prevention Program (RMPP), and now known as the California Accidental Release Prevention (CalARP) Program. This policy assists facilities to meet their obligations under these and other laws. C. Community Warning System The CalARP Program requires facilities to determine the potential off-site consequences from accidental releases of a CalARP Program regulated substance. This information has been used in developing emergency response plans for such potential releases. This information has also been used to design the Community Warning System ("CWS"). The CWS is a computer-integrated alerting and notification system that incorporates safety sirens, emergency responder pagers, Emergency Digital Information System ("EDIS"), the Emergency Alerting System ("EAS"), the California Law Enforcement Radio System ("CLERS"), and an automated telephone dialing system. EDIS, EAS, and CLERS are different ways of getting messages to emergency responders, including law enforcement, the media, and the National Weather Service (which transmits information to NOAA Weather Radios). The automated telephone dialing system calls households and businesses and transmits short messages about the incident and recommended protective actions. The CWS was developed through the efforts of the Contra Costa County Community Awareness and Emergency Response ("CAER") Group working cooperatively with CCHS, representatives from local industry, the community, and other regulatory agencies to provide local residents with timely notification of emergencies, including hazardous materials releases. The success of the CWS is dependent upon industry's prompt notification to CCHS. CCHS would like the public to be assured that the CWS will be activated in a timely manner to implement preventive measures, such as sheltering-in-place. The CWS may also be activated to allay community concerns when a visible incident occurs, such as an explosion that does not pose a health hazard. (In order to expedite notification, some facilities have CWS terminals on- site and may activate the CWS directly using pre-defined protocols and procedures.) D. Benefits of Prompt Notification and Cooperation CCHS is aware that information provided during the initial notification may be preliminary and that facilities may not be able to provide completely accurate information. CCHS also does not intend for the need to provide notification to CCHS to impede other emergency response activities related to the release. However, CCHS' ability to make quick and informed decisions to mitigate the impacts of a release is dependent upon receiving prompt notification and accurate information about the release. Since its adoption in 1991, this policy has improved cooperation and communication between industry, CCHS, and the public during hazardous materials emergency events. CCHS remains committed to ongoing improvement of this policy as industry,CCHS, and the public June 19, 2001 Page 2 gain additional experience. III. POLICY: A. When Immediate Notification Required. Responsible businesses'` are required to provide immediate notification to CCHS of a release or threatened release in the following situations. 1. General. Immediate notification is required upon discovery of any release or threatened release of a hazardous material for which exposure to the release concentration poses or results in adverse health effects other than mild transient effects. 2. Specific Situations. Immediate notification is required in the following situations: a. The release or threatened release of a hazardous material that results in a substantial probability of harm to nearby workers or the general public, due to the toxic properties of the material. At a minimum,this includes all hazardous materials incidents in which ambulance response is requested or medical attention,other than first aid, is sought on-site or off-site. (Do not delay reporting if the level of treatment is uncertain.) b. The release or threatened release of any CalARP Program Regulated Substance that, due to size,concentration, or physical properties,results in a substantial probability of adverse health effects other than mild transient effects to nearby workers or the general public. c. The release or threatened release may affect the surrounding population resulting in, at a minimum,odor,eye or respiratory irritation. d. The event may cause general public concern, such as in cases of fire,explosion, smoke,or excessive flaring. e. The release or threatened release may contaminate surface water, groundwater or soil, either on-site(unless the spill is entirely contained and the clean-up is initiated immediately and completed expeditiously) or off-site. f. The release or threatened release may cause off-site environmental damage. g. The release or threatened release occurs during transport, storage, or loading of ?The term"responsible business" or"business"includes facilities and other entities that have custody of the hazardous material at the time that it is accidentally released, or the facility where the release occurs. For example, a transportation company is the responsible business if the material is released in transit. If there is a release from a transport vehicle when the vehicle is at a fixed facility, the fixed facility is primarily responsible for notifying CCHS under this policy. June 19, 2001 Page 3 such material, via vehicle, rail, pipeline, marine vessel, or aircraft. h. The facility's Safety Supervisor or equivalent personnel is placed on alert due to a release or threatened release resulting from an emergency situation, including, but not limited to, emergency shutdowns or major unit start-ups. B. Who to Notify. Immediately notify the CCHS Incident Response Team (on-call 24 hours a day) by any of the following methods 1. Directly via emergency response pagers (To receive the pager number, please contact the CCHS Incident Response Team in advance at (925) 646-2286.) 2. Any time by phone at (925) 646-1112 3. Through a CWS communication terminal C. Required Information. Provide the information required by the Facility Incident Checklist (Attachment A). Do not delay the notification due to inability to provide any of the information called for in the Facility Incident Checklist. D. Notification under this policy does not relieve the responsible business from having to comply with any legal requirement to notify other local, state or federal agencies. E. When Notification Not Required. This policy does not require reporting of a release of a hazardous material that clearly does not meet any of the criteria described in Subsection A, above. Examples of such situations, are: 1. Ambulance calls not associated with hazardous materials incidents (e.g., falling off of a ladder). 2. Small spills of less than 3 fifty-five gallon drums (165 gallons), where the spill is contained,and where it is clear that none of the situations described in Subsection A apply. Spill.containment means: a. The spilled material is caught in a fixed berm or dike or other impermeable surface,or is contained by using effective spill control measures b. All of the spilled material is prevented from contaminating surface or groundwater c. The spill does not pose a substantial probability of adverse health effects other than mild transient effects to the general public F. Follow-up Reporting of a Hazardous Materials Release. 1. For all Level 2 and Level 3 incidents (as defined in Attachment A-1), or upon request of CCHS, a written follow-up report of the incident shall be submitted within 72- hours. (If the due date falls on a weekend or holiday, the Director of Hazardous Materials Programs may allow the report to be submitted on the next business day.) The report shall confirm,modify and/or update the information provided in the initial notification (Facility Incident Checklist). The report shall be submitted on the 72- Hour Follow-Up Report Form (Attachment B). June 19, 2001 Page 4 2. A written final report of the incident shall be made to CCHS as soon as practicable, but no later than 30 calendar days from the date of the release, for all Level 2 and Level 3 incidents and for any incident for which CCHS requests such a report. If the investigation has not been completed within 30 calendar days, an interim report shall be submitted and a final report submitted when the investigation is completed. CCHS may request monthly status reports of the incident investigation if the final report is not submitted within 30 calendar days from the date of the release. Refer to Attachment C for the 30-Day Final Incident Report format. 3. Al I "Major Chemical Accidents or Releases" (defined at County Ordinance Code section 450-8.014(h)) should be investigated using root cause investigation methodology. CCHS will either participate in or closely monitor the investigation. (County Ordinance Code, § 450.8.016(C)(1).) 4. If the release requires a written emergency release follow-up report to be submitted to the Chemical Emergency Planning and Response Commission pursuant to section 2705(b)of Title 19 of the California Code of Regulations, a copy of such report shall be sent to CCHS within 15 calendar days. 5. A facility may elect to include with the 30-Day Incident Report Form (Attachment C) a brief narrative of how this incident relates to any of the prevention programs required by CalARP regulations and described in the CCHS CalARP guidance document. 6. Reports should be sent to the following address: Contra Costa Health Services Department ATTENTION: Lewis G. Pascalli,Jr. Hazardous Materials Programs Director 4333 Pacheco Boulevard Martinez, CA 94553 IV. REFERENCES: California Health and Safety Code Chapter 6.95 (§ 25500 et seq.); 19 Cal.Code Regs § 2703 et seq.; County Ordinance Code Chapter 450.2. (CalifornianPublic Utilities Commission Decision 91-08-019/R.88-07-039 requires similar notification for rail accidents.) Bd approved 11/5/91 Revised Bd approved 1/93 Revised Bd Approved 6/19/01 H:V1AZMAWWSlnotificadooMotpo1010601 clean.wpd June 19, 2001 Page 5 Figure 1. CCHS Hazardous Materials Incident Notification Policy Flowchart DISCOVERY OF HAZARDOUS MATERIALS RELEASE DOES Event MEET N NO FURTHER NOTIFICATION ACTION REQMNTS? REQUIRED Y IMMEDIATE NOTIFICATION TO CCHS by TELEPHONE, PAGER.AND/OR CWS PROVIDE INFORMATION IN ATTACHMENT'A' N IS RELEASE CCHS REQUEST EITHER LEVEL Y FOLLOWUP 0 OR LEVEL 1? REPORT? FOR INITIAL N RESPONSE ONLY WRITTEN FOLLOWUP Y REPORT TO CCHS APPLICABLE WITHIN 72-HOURS TO 72-HOUR IF REPORT APPLICABLE TO 30-DAY REPORT INVESTIGATION SUBMIT BEEN N INTERIM COMPLETED WITHIN 30 DAYS? REPORT(S) Y SUBMIT FINAL REPORT (ATTACHMENT `C') (cont.) June 19, 2001 Page 6 (Figure 1,cont.) IS FOLLOWUP SUBMIT APPROPRIATE REPORT TO Y REPORT TO CCHS STATE OES WITHIN 15 DAYS REQUIRED?' N I5 NO FURTHER INCIDENT MAJORACTION REQUIRED CHEMICAL ACCIDENT OR RFT.FASF7 Y INVESTIGATE INCIDENT USING ROOT CAUSE METHODOLOGY, IN CONJUNCTION WITH CCHS2 as per Section 2705(b)of Title 19 CCR. 2Contra Costa County Ordinance Code Chapter 450-8.016(C)(1)(where applicable) June 19, 2001 Page 7 ATTACHMENT A FACILITY INCIDENT CHECKLIST Date: Time: Initial: ❑ A.Call/Page CCC Hazardous Materials Programs Division [Phone:(925)646-1 1 12,Pager: ] INFORMATION NEEDED IMMEDIATELY(IF KNOWN) ❑ B.State your name and identify your facility and its address. ❑ C.State your phone number or a number with immediate access to an individual who can answer further questions from CCHS. (No voice mail phone numbers.) ❑ D.State the Community Warning System(CWS)Plant Reporting Classification Level (0, 1,2 or 3). (See Attachment A-1). ❑ E.Has the material gone off-site?Yes/No/Unknown. If yes,what area is being impacted? What is the direction of flow? Is there any impact to storm drains or surface waters? ❑ F. Have CAN Zones been activated?Yes/No If yes,which CAN Zones have been activated? If no, which CAN Zones should be activated,if any? ❑ G.State,if known,the chemical or material released and describe the physical state (solid,liquid,gas and/or vapor). Has this been verified? Yes/No/Unknown ❑ H.Have you received any public complaints? Yes/No/Unknown. ❑ I. State wind direction out of(from)the to the and degrees if known. [E.g.,"Wind is blowing from the Northwest(300°)to the Southeast(120°)]. ❑ J. State wind speed. (If wind speed is unknown,inform CCHS whether the wind is blowing significantly or not.) INFORMATION NEEDED AS SOON AS POSSIBLE ❑ K.Are there any injuries on-site or off-site? Yes/No/Unknown ❑ L.State the on-site contact person and gate number or address to which the CCHS Incident Response(IR) Team should respond. ❑ M.Are any sensitive receptors or subdivisions nearby? (e.g.,School/Day Care facilities/Hospitals/Nursing Homes) ❑ N.Has the facility's"Emergency Operations Center"or emergency response staff been activated?Yes/No/ Unknown ❑ O.State estimated quantity of chemical released(over-estimate rather than under-estimate release) ❑ P.Have other agencies been notified? Yes/No. If yes,state list. ❑ Q.Is there potential for involvement of other hazardous materials due to the proximity to the incident? June 19, 2001 Page 8 ATTACHMENT A-1 HAZARDOUS MATERIAL REPORTING CLASSIFICATION LEVELS LEVEL 0 (easily contained and controlled by plant personnel) is categorized by any of the following: 1 . On-site only. 2. Safety Supervisor,or equivalent,is placed on alert due to a release or threatened release resulting from an emergency situation,including,but not limited to,emergency shutdowns or major unit start-ups. 3. Vapor release that is not expected to pose an immediate threat to the health and safety of people in the affected area. The release is more than an instantaneous release or"puff." 4. Liquid spill contamination.(The spill is more than three 55-gallon drums-165 gallons—and does not meet any of requirements for notification listed in levels 1 -3 and if the spill is not contained.) 5. The facility receives or is made aware of three(3)or more unsubstantiated odor complaints within an hour. LEVEL 1 is categorized by any of the following: 1 . On-site: possible off-site. 2. Confirmed(3 or more odor complaints within one hour and substantiated by plant personnel as an on- site problem)off-site odor from facility. 3. Firelsmoke which requires a response from workers outside the immediate area,but not visible off-site. 4. Excess flaring. 5. Spill or release incident that meets an RQ(Reportable Quantity)requirement and does not meet any of the requirements of Level 2 or 3. LEVEL 2 is categorized by any of the following: 1. Off-site impact where eye,skin,nose and/or respiratory irritation may be possible. 2. Explosion with noiselpressure wave impact off-site. 3. Fire/smoke/plume(other than steam)visible off-site(does not include fire training exercises). LEVEL 3 is categorized by any of the following: 1 . Off-site impact that is expected to cause eye,skin,nose and/or respiratory irritation in the community(ERPG Level 2 concentration reading or greater). 2. Fire,explosion,heat,or smoke with an off-site impact. Example: On a process unit/storage tank where mutual aid is requested to mitigate the event and the fire will last longer than 15 minutes. 3. Hazardous material or fire incident where the incident commander or unified command, through consultation with the Hazardous Material Incident Response Team,requests that sirens should be sounded. June 19, 2001 Page 9 ATTACHMENT B For CCHS Use Only: 72 HOUR FOLLOW-UP NOTIFICATION REPORT FORM CONTRA COSTA HEALTH SERVICES Received By: Date Received: INSTRUCTIONS:This report is to be submitted for all Level 2 and 3 incidents Incident Number: or when requested by CCHS. See Attachment 13-1 for suggestions regarding Copied To: the type of information to be included in the report. Attach additional sheets as Event Classification Level: necessary. Forward the completed form to: ATTENTION: Lewis G. Pascalli,Jr. Hazardous Materials Programs Director Contra Costa Health Services 4333 Pacheco Boulevard Martinez,CA 94553 INCIDENT DATE: INCIDENT TIME: FACILITY: PERSON TO CONTACT FOR ADDITIONAL INFORMATION Phone number I. SUMMARY OF EVENT: II. AGENCIES NOTIFIED,INCLUDING TIME OF NOTIFICATION: III. AGENCIES RESPONDING,INCLUDING CONTACT NAMES AND PHONE NUMBERS: IV. EMERGENCY RESPONSE ACTIONS: V. IDENTITY OF MATERIAL RELEASED AND ESTIMATED OR KNOWN QUANTITIES: June 19, 2001 Page 10 72 HOUR REPORT,PAGE 2 INCIDENT DATE: FACILITY: V]. METEOROLOGICAL CONDITIONS AT TIME OF EVENT including wind speed, direction, and temperature: VII. DESCRIPTION OF INJURIES: VIII. COMMUNITY IMPACT including number of off-site complaints, air sampling data during event,etc.: 1X. INCIDENT INVESTIGATION RESULTS Is the investigation of the incident complete at this time? Yes No If the answer is no, submit a 30 day final or interim report. If the answer is yes,complete the following: X. SUMMARIZE INVESTIGATION RESULTS BELOW OR ATTACH COPY OF REPORT: XI. SUMMARIZE PREVENTATIVE MEASURES TO BE TAKEN TO PREVENT RECURRENCE INCLUDING MILESTONE AND COMPLETION DATES FOR IMPLEMENTATION: June 19, 2001 Page 11 ATTACHMENT B-1 72-Hour Report Guidelines The following list suggests items that may be included in the 72-Hour Report to CCHS following an accidental release of a hazardous material. Not all of the items below may be applicable or available at the time of submission. I. Summary of the Event • Background Information/Events Preceding the Incident • Incident Summary, including timing of key events • Shift Logs, real-time computer/instrument logs, fenceline monitor data, etc. IL Emergency Notifications(include names, phone numbers and times) • CCHS • Time/Level of CWS Activation • Other Agencies • Copy of State OES Emergency Release Follow-Up Notice Reporting Form III. Agencies Responding • Agency • Person or people responding • Contact person with telephone number IV. Emergency Response Actions • Mutual Aid Activated? • Fire Department Response? V. Material Involved • Estimated Quantities • CalARP Regulated Substances? • Material Safety Data Sheets VI. Meteorological Data(wind speed,direction,temperature,rain/sun,etc.) VII. Injuries(including number,type and severity) VIII. Community Impact • Community Complaints • Off-Site Consequence Impact Analysis(i.e.,injury,property damage,etc.) • Sampling Data,including fenceline monitors,if applicable • Community Monitoring Results IX. Incident Investigation • Procedure Summary • Will Root Cause Analysis Be Performed? • Investigation Team/Contact Person(s) • Findings/Conclusions Root Causes "Safety System"Flaws • Corrective Action/Preventative Measures • Description • Implementation Dates June 19, 2001 Page 12 ATTACHMENT C For CCHS Use Only: 30-DAY FOLLOW-UP NOTIFICATION REPORT FORM CONTRA COSTA HEALTH SERVICES Received By: Date Received: INSTRUCTIONS:This report is to be submitted for all Level 2 and 3 incidents Incident Number: or when requested by CCHS. See Attachment C-1 for suggestions regarding Copied To: the type of information to be included in the report. Attach additional sheets as Event Classification Level: necessary. This form is to be used for update reports after the initial 30 day report has been submitted. Forward the completed form to: ATTENTION: Lewis G. Pascalli,Jr. Hazardous Materials Programs Director Contra Costa Health Services 4333 Pacheco Boulevard Martinez, CA 94553 INCIDENT DA'Z'E: INCIDENT TIME: FACILITY: PERSON TO CONTACT FOR ADDITIONAL INFORMATION Phone number PROVIDE ANY ADDITIONAL INFORMATION THAT WAS NOT INCLUDED IN THE 72- HOUR REPORT WHEN THE 72-HOUR REPORT WAS SUBMITTED,INCLUDING MATERIAL RELEASED AND ESTIMATED OR KNOWN QUANTITIES,COMMUNITY IMPACT, INJURIES,ETC.: I. INCIDENT INVESTIGATION RESULTS Is the investigation of the incident complete at this time? Yes No If the answer is no,when do you expect completion of the Investigation? If the answer is yes,complete the following: SUMMARIZE INVESTIGATION RESULTS BELOW OR ATTACH COPY OF REPORT: SUMMARIZE PREVENTATIVE MEASURES TO BE TAKEN TO PREVENT RECURRENCE INCLUDING MILESTONE AND COMPLETION DATES FOR IMPLEMENTATION: June 19, 2001 Page 13 30-DAY REPORT,PAGE 2 INCIDENT DATE: FACILITY: STATE AND DESCRIBE THE ROOT-CAUSE(S)OF THE INCIDENT: June 19, 2001 Page 14 ATTACHMENT C-1 30-Day Report Guidelines The.%ollowing outline suggests items in addition to those listed on the 72-Hour report guidelines (Attachnzen.ts B and B-1) that may be included in the 30-Day Final Report to CCHS following the accidental release of a hazardous material. (Not all of'the items listed below may not be applicable or available at the time of submission.) 1. ADDITIONAL INFORMATION • Detailed Event Timeline • Correspondence (if determined to be relevant) • Relevant History of Incidents with Similar Equipment or Procedures U. INCIDENT INVESTIGATION • Findings/Conclusions, including causal factors, contributing factors, and root causes or their equivalent • Preliminary Corrective Action/Preventative Measures — Immediate — Long-Term — Implementation Dates June 19, 2001 Page 15 HAZARDOUS MATERIALS INCIDENT NOTIFICATION POLICY GLOSSARY • Environmental damage: detrimental impact on surroundings beyond facility operations. • Excessive flaring: flaring beyond a normal manner, in a way that may cause community concern. • Responsible Business: The business that has the custody of the hazardous material when there is an accidental release or the business where the accidental release occurs. Examples are 1) transporlation companies when they are offsite from a business is then the responsible business when there is a release from their transport vehicle, 2) if there is a release from a transport vehicle at a fixed facility, then the fixed facility is the responsible business. • Root cause investigation: a method for investigating and categorizing the root causes of hazardous materials incidents with safety, health, AND environmental impacts. Root causes are the most basic causes that can reasonably be identified, that management has control to fix, and for which effective recommendations for preventing recurrence can be generated. • Safety supervisor: facility employee(s) responsible for coordinating and/or implementing emergency response activities. Note: This position may be incident specific. June 19, 2001 Page 16 COMMUNITY WARNING SYSTEM LICENSE AND OPERATION AND MAINTENANCE AGREEMENT (City of Richmond) Effective on the date signed by both parties hereto, this License and Operation and Maintenance Agreement is made and entered into by and between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County")and the CITY OF RICHMOND, a Municipal Corporation ("Licensor"). 1. DEFINITIONS. As used herein, the following terms have the following meanings. A. "Agreement" means this License and Operation and Maintenance .. Agreement. B. "CAER" means the Contra Costa County CAER Group, Inc., a California non-profit corporation. C. "Community Warning System" or"CWS"means the emergency alerting, warning and notification system donated by CAER to County, as said system is modified from time to time by the County. - D. "CWS Manuals" means those instructional manuals provided for the operation and maintenance of the CWS, including manuals provided from time.to time for the operation and maintenance of the CWS following any repair, update, .modification, or replacement of the CWS and its components. E. "Equipment"means the stationary terminal equipment, sirens, and other equipment and components that comprise the CWS. F. "Licensor Equipment"means the components of the CWS to be located on Licensor property pursuant to this.Agreement, as said components may be added to, removed or modified by County from time to time. The current Licensor Equipment is more particularly described in EXHIBIT A, attached hereto and incorporated herein by this reference. G. "PERSON"includes an individual, a public agency, firm, partnership, corporation, or any other entity. 2. COUNTY LICENSE: Pursuant to the terms set forth in this Agreement, Licensor hereby grants to County, a license to install, locate, inspect, repair and maintain the Licensor Equipment on Licensor property at the addresses and locations shown on the site plans attached hereto as EXHIBIT B and incorporated CWS License and O&M Agreement City of Richmond Page 2 herein by this reference. Licensor further grants to County, its agents, employees, contractors and subcontractors, the right to enter Licensor property for the purposes of inspecting, repairing, maintaining, replacing or removing the Licensor Equipment, or for such other similar purposes associated with County's ownership of the Licensor Equipment. 3. ENTRY. Entry onto Licensor property by County, its agents, employees, contractors and subcontractors, shall be pursuant to and subject to the requirements of this section. Licensor may require that County agents', employees', contractors' and subcontractors' access to Licensor Equipment during regularly scheduled or routine inspection, maintenance, repair or replacement activity be subject to reasonable advance notice requirements. Licensor shall make arrangements with County for County's immediate access to Licensor Equipment as necessary for urgent or emergency activities. At Licensor's request, County shall designate in writing, those persons authorized to enter Licensor property on behalf of County. 4. LICENSOR RESPONSIBILITIES. A. Licensor shall operate the Licensor Equipment in conformity with. the Community Warning System-'Operation Protocols developed and amended from time to time by County, the CWS Manuals, and/or as otherwise instructed by County. B. Licensor shall notify County in writing of:any Licensor Equipment requiring maintenance, repair or replacement; provided-that,in the event of an urgent requirement.for:maintenance;repair or replacement,.Licensor's initial notice may be oral,followed by written notice within'five(5),days of the oral notice. County shall provide the names, telephone and pager numbers of.those;persons authorized to . f receive oral`notification from Licensor of an urgent�maintenance,'.repair'or" replacement requirement.`Licensor shall provide the'names,telephone,and pager numbers of those Licensor employees authorized to provide'oral=tification on behalf of Licensor of an urgent requirement for maintenance, repair or replacement of any Licensor Facility Equipment. C. Licensor shall provide for the safety and security of the Licensor Equipment. D. Licensor shall be responsible for all normal day to day operating expenses of the Licensor Equipment, such as the salaries of Licensor employees and all utility expenses(including back-up power supplies). Licensor shall not be responsible for maintenance or repair costs, including the costs of replacement parts or equipment, or for extraordinary expenses, such as the costs of upgrading or replacing the Licensor Equipment. Licensor shall be responsible for and pay for any CWS License and O&M Agreement City of Richmond Page 3 and all damage to the Licensor Equipment caused or contributed to in whole or in part by the negligence or willful misconduct of Licensor or Ucensor's employees, agents, contractors or subcontractors. . 5. COUNTY MAINTENANCE. County will maintain the Licensor Equipment. County intends to initially maintain the Licensor Equipment by contracting with Hormann America, Inc. 6. PERMITS. Other than FCC licensing requirements, the parties are not aware of any governmental permit or license required for the operation of the Licensor Equipment. To the extent that any such permit or license is required, Licensor shall have no obligation to obtain or maintain such permit or license, but shall be obligated to advise County if it becomes aware of such requirement so that County may take action to secure any necessary pen-nit or license. 7. TERM, TERMINATION. The term of this Agreement is one year. This Agreement shall be automatically renewed annually, on a year-to-year basis, unless terminated by either party at any time by providing thirty(30)days'written notice to the other. Notice shall be served personally or by certified mail, return receipt requested, addressed as follows, and shall be effective upon delivery at the indicated address:. County: Licensor: County Administrator City Manager 651 -Pine`Street,-11'4 Floor City of Richmond. Martinez,-CA 94553 2600 Barrett Ave. Richmond,�CA 94804 The above information may be changed by either party by providing 30 days' written notice'to the other. 8. EQUIPMENT REMOVAL. Upon either party providing 30 days'written notice of termination, County shall, within 30 days of receipt of such notice from Licensor, or thirty days of providing such notice to Licensor, and at County's expense, remove or cause the removal of all Licensor Equipment from Licensor property. licensor shall allow entry onto Licensor property by'County, its, agents, employees, contractors and subcontractors, as necessary for the removal of the Licensor Equipment. If this Agreement is terminated and County does not remove the equipment as required by this section, Licensor shall have the right to use, abandon, and/or dispose of the Licensor Equipment without compensation to County. CWS License and O&M Agreement City of Richmond Page 4 9. LIMITED RELEASE, INDEMNITY. Except to the extent caused by the negligence or willful misconduct of Licensor, in the event that a County employee, agent, contractor or subcontractor is injured or killed, or County property or the property of a County employee, agent, contractor or subcontractor is damaged while at Licensor property in connection with inspecting, installing, maintaining; repairing, replacing or removing Licensor Equipment, the County shall release Licensor and shall indemnify, defend and hold Licensor harmless from and against any and all liability to the County or to the County employee, agent, contractor or subcontractor, for such liability. County's agreement to release, indemnify, defend and hold Licensor harmless from liability to the County or a County employee, agent, contractor or subcontractor as set forth in this section shall not extend to the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the.negligence or willful misconduct of Licensor, its agents or contractors. Licensor shall remain responsible for said damages, expenses and attorneys fees in an amount.proportionate to Licensor's negligence or. willful misconduct without contribution to that portion from the County. 10. REMEDY. Except as provided in Section 9, the sole and exclusive remedy for any breach or default of this Agreement by either party shall be the termination of this Agreement in accordance with Section 7. Except as provided in section 9, under no circumstances is either party to receive or be subject to damages, including, but not limited to, special, incidental or consequential damages, or be entitled to or be subject to, any other remedy provided at law or equity-for the breach,whether negligent or intentional, of this Agreement: 11. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. 12. AMENDMENT. This Agreement shall not be changed, modified or amended except in a writing signed by both parties. 13. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the parties regarding the operation, maintenance and repair of . the Licensor Equipment and merges and supersedes all prior discussions, writings, agreements and understandings of the parties with respect to such matters. 14. NO RELIANCE ON PRIOR REPRESENTATION. Both parties agree that no person acting on behalf of the other(including, without limitation, any representative, employee or agent of CAER) has at any time been authorized to make any representation, promise or agreement of any kind or character regarding the Community Warning System and-the Licensor Equipment. If any such representation, promise or agreement was made by any person, in any capacity, CWS License and O&M Agreement City of Richmond Page 5 neither party shall or is relying on such representation, promise or agreement, and expressly waives, releases and holds any such person and the other party harmless. from any claim or liability due to such representation, promise or agreement. 15. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. The venue of any legal action between the parties arising out of this Agreement shall be Contra Costa County, California, which courts shall have exclusive jurisdiction over such legal action. 16. INVALID PROVISIONS.The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 17. EMPLOYEES. Neither party's agents, employees, contractors or subcontractors shall be deemed to be the agents, employees, contractors or subcontractors of the other. 18. EMERGENCY. In the event of a natural disasteror accident, Licensor shall endeavor to take such actions as are reasonably necessary or appropriate to minimize damage to the Licensor Equipment. Licensor shall notify County as soon as practicable of its inability to protect the Licensor Equipment and shall abide by the County's instructions regarding the Licensor Equipment. 19. : NO THIRD PARTY.BENEFICIARIES. It is mutually recognized that the Licensor:Equipment is;operated to serve a public purpose; therefore, the County's population and other persons may incidentally benefit from this Agreement. However.,t is,notthe�:intention of either the County or Licensor that such persons occupy the position.of Intended third-party beneficiaries of the obligations assumed by either party to this Agreement.. This Agreement is by and between Licensor and County only, and except for the release provision in Section 14, is not intended to and does not benefit or grant any rights to any other person. 20. SURVIVAL. The provisions of sections 9, 10, 15, 16, 19, 20 and 22 shall survive the termination of this Agreement. 21. COUNTERPARTS. This Agreement may be executed in two counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same'instrument. 22. CONSTRUCTION. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience CWS License and O&M Agreement City of Richmond Palle 6 of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date indicated below. CITY OF RICHMOND, a Municipal CONTRA COSTA COUNTY, a political Corporation subdivision of the State of California By: By: Board Chair Date: Attest: Clerk of the Board of Supervisors Attest: - By: Deputy Clerk Date: rich T.2001 HAHAZAAM1WSlo8AAOMIU*enc/ai hmond.wpd CWS License and O&M Agreement City of Richmond Page 7 EXHIBIT A List of Licensor Equipment EXHIBIT B Site Plan Showing Current Location of Licensor Equipment Community Warnina System-Equipment List Facility: Siren R04 - Hall of Justice Descri tion Model Number Quanti SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASCSC50 1 Com uLert Console ASC-Com uLert 1 Action Reoeiver Cabinet Robro -11816HPL 1 Disoonnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Mount Kit N/A 1 Associated cables &Conduit N/A 1 N � " XHIBIT A • Last updated on March 6,2001 Page-48 Community Warnino system-Eauiament List Facility: Siren R05 -Southeast Police Descri tion Model Number Quanti SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet NIA 1 *Com uLert Console ASC-Com uLert 1 Action Reoeiver Cabinet Robro -.N816HPL 1 Disconnect SwkdVFuse Box NIA 1' VHF Antenna Mount NIA 1 VHF Antenna NIA 1 Maxtrac Radio Motorola 1 Utirdy Pole Class 1, 50' 1 Associated cables&Conduit NIA 1 Last updated on Manch 6,2001 Page-49 Community Warning System-Equipment List Facility: Siren R06- Richmond, Dornan Drive Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-CompuLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect S kdVFuse Box N/A 1 VHF Antenna Mount NIA 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1 40' 1 Associated cables &Conduit N/A 1 r w v � Last updated on March 6,2001 Page-50 Community Wamina System-Equipment List Facility: Siren R07— Richmond, Brickyard Cove Descri tion Model Number Quanfity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet WA 1 CompuLert Console .A uLert 1 Action Reoeiver Cabinet Rob -11816HPL 1 Disconnect Switch/Fuse Box WA •1 VHF Antenna Mount WA 1 VHF Antenna WA 1 Maxtrac Radio Motorola 1 U61' Pole Class 1 40' 1 Associated cables&Conduit WA 1 Last updated on March 6,2001 Page-51 Community Warning System-Equipment List Facility: Siren R08— Richmond. Wright Avenue Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet WA 1 Com uLert Console ASC-Corti uLert 1 Action Reoeiver Cabinet Robro -J1816HPL 1 Disconnect SwttdVFuse Box WA VHF Antenna Mount WA 1 VHF Antenna WA 1 Maxtrac Radio Motorola 1 WRY Pole Class 1,40' 1 Associated cables&Conduit WA 1 Y � Last updated on Manch 6.2001 Page-52 Community Wamina System-Equipment List Facility: Siren R09— Richmond, Regatta Boulevard Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 CompuLert Console -ASC-CompuLert 1 Action Receiver Cabinet Robro -JI816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Util' Pole Class 1,40' 1 Associated cables&Conduit N/A 1 Last updated on March 6,2001 Page-53 Community Warning System.Equipment List Facility: Siren R10— Richmond, Sutter& Placer Description Model Number Quanti SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet NIA 1 Com Lert Console -ASC-Com uLert 1 Action Reoeiyer Cabinet Robro -J1816HPL 1 Disoonnect SwitdUFuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 LIfirdy Pole Class 1 40' 1 Associated cables&Conduit N/A 1 Last updated-on Mardi 6,2001 Page-54 Community Warnina System-Equipment List Facility: Siren R11 — Richmond, Barrett& Dim Description Model Number Quanti SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet NIA 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box NIA 1 VHF Antenna Mount NIA 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 WRY Pole Class 1 40' 1 Associated cables&Conduit N/A 1 Last updated on March 6.2001 Page-55 Community Wamina Systwn-Equipment List Facility: Siren R12— Richmond, McBryde/ Lassen Descri 'on Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet WA 1 Cornput.ert Console ASC-CompuLert 1 Action Receiver Cabinet Rob -11816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount WA 1 VHF Antenna WA 1 Maxtrac Radio Motorola 1 Utility Pole Class 1 40' 1 Associated cables &Conduit N/A 1 1 Last updated on March 6,2001 Page-56 CommunHy Wamina System-Equipment List Facility: Siren R13— Richmond, 16th &Visalia Descri tion Model Number Qua SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASG-Com ut ert 1 Action Receiver.Cabinet Robro -h816HPL 1 Disconnect Switch/Fuse Box NIA 1 VHF Antenna Mount N/A 1 VHF Antenna NIA 1 Maxtrac Radio Motorola 1 Utility Pole Class 1,40' 1 Associated cables&Conduit NIA 1 Y � Last updated on March 6.2001 Page-57 Community Warning System-Equipment List Facility: Siren R16— Richmond, Fairmead Park Description Model Number Quan SC20 Siren Head ASG SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com Lert Console .SSC-Com uLert 1 Action Receiver Cabinet Robr -11616HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Util' Pole Class 1 40' 1 Associated cables&Conduit N/A I1 y � Last updated on March 6.2001 Page-59 Community Warnina System-Equipment t.ist Facility: Siren R17— Richmond, San Pablo Ave & Richmond PKWY Description Model Number Quanti SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com Lert Console ASC-Com uLert 1 Action Reoeiver Cabinet Robro -11816HPL -1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Wity Pole Class 1 40' 1 Associated cables&Conduit N/A 1 Last updated on March 6,2001 Page-61 Community Wamina System-Equipment Ust Facility: Siren R18- Richmond, Hilltop Drive & Park C Descri tion Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet - N/A 1 Com uLert Console .ASC-CompuLert 1 Action Receiver Cabinet Rob -J1816HPL -1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Ublity Pole Class 1,40' 1 Associated cables&Conduit N/A 1 Av- . Last updated on March 6,2001 Page-62 Community Warning System-Equipment List Facility: Siren R19— Richmond, Williams Drive & Moglot Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com Lert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -11816HPL 1 Disconnect Switch/Fuse Box N/A .1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1 40' 1 Associated cables&Conduit N/A 1 r Last updated on Mare 6,2001 Page-63 Community Warnina System-Equipment List Facility: Siren R20— Richmond, Paar Boulevard &3rd St Descrition Model Number Quanti SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet NIA 1 Com ut ed Console ASCCompuLert 1 Action Receiver Cabinet Robro -JI816HPL -1 Disconnect SwitdVFuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A i Maxtrac Radio Motorola 1 Ublity Pole Class 1,40' 1 Associated cables&Conduit N/A 1 r y � Last updated on March 6,2001 Page-64 Community Waming SyM m•Eaulament List Facility: Siren R21 — Richmond, Wharf Street Description Model Number Quan SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet NIA 1 Com uLert Console -ASC-CompuLert 1 Action Reoeiver Cabinet Robro gJ18I6HPL 1 Disconnect SwitdUFuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Ufilfty Pole Class 1.40' 1 Assbdated cables&Conduit N/A 1 Last updated on March 6.2001 Page-65 Community Warning System -Equipment List Facility: Siren R22— Richmond, Harbor Way & Hall Descrition Model Number Quanti SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASCrCom uLert 1 Action Receiver Cabinet Rob -11816HPL 1 Disconnect SwitdVFuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1,40' 1 Associated cables&Conduit N/A 1 Last updated on March 6.2001 Page-66 Community Wamina System•Eauiament List Facility: CWS Terminal - Richmond PD 911 Center (richpd) Description Model Number Quanti 12 VDC Power Supply Astron-RS-35BB 1 19" Monitor Sylvania 2 19"Steel Rack/fan/thermo MAP-NIA 1 19" Steel Rack Front Door MAP-NIA 1 19" Steel Rack Rear Door MAP-N/A 1 Furniture/Cart Global-AC5170 1 600 VA UPS APC-Smart UPS-600VA 1 1250 VA UPS APC-Smart UPS-1250VA 1 2000 VA UPS APC-Smart UPS-2000VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D5 i MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Pol haser-IS-B50LN-CO 1 CWS Terminlal Computer Sage-AComp 1 - CWS Terminal Console Sa a-STCON 1 M, Kybd, Mouse Receiver EASY AC233A 1. M, Kybd, Mouse Xmitter Easy-AC231A 1 Mouse Microsoft-Serial Mouse 1 Keyboard Various 1 AB switch 1 Various Cables&Connectors N/A Lot Shortra&.:., : : •;. KnurrUM 1.244.030.1 1 Short Haul-.Modems BlackBox 2 airs Terminal PC CS401 box with Asus 1 AT MB and 233 MMX Pentium Facility: CWS Terminal — Richmond PD Mobile Van (rchmob) Descri tion Model Number Quantity 37.12 MHz Maxtrac Motorola-D51MJA97A3-K 1 486 DX2 Laptop Computer Epson 1 LB Antenna TAB-1012 1 Packet Controller AEA-PK90 1 Radio/PK90/CR Shelf Howell-custom 1 Various Cables &Connectors N/A 1 Last updated on March 6, 2001 Page-6 pdm'Owaw PJ-0 V810 L09LL1SM3UVVgZHHVH:0l it jo!jis!Q luewa6eueVq Al!leno j!y eaiy Ae8 • lo!a}s!a uo!}Oa}oid aa!d Aa!leA uowe�:l ueS • Alunoo pue Iou)s!Q looyoS paij!uH 6mgsll!d • lo!a}s!a looyoS pa!l!ull olge!Q junoVq • Alunoo pue jo!jls!a looyoS pa!j!un eisoo eaiuOO IsGAA • yoo!juy jo A}!o • zou!liew Jo 40 • 1 alould to A)!o • 1puowyo!�I }o Aj!o • !}unoo pue olged ueS jo Al!o • .oul jeweiiin • Auedwoo sjonpOJd uwnayo • Auedwo:o leolwayo mod ayl • Auedwoo 6u!uija�j zouiliew • -oul elpoq�j • A}unoo pue 0-1-1 'ellaQ }ueilvq • Auedwoo 6u!uipaj odsol • 'Oul 'eO!Jawy uuewJOH • -oul 'dnoa!D �j�]Vo Al.unoo elsoo ealuoo • :pue Alunoo uaanalaq juawaaa6e leui6up :•Iou�j ia�meS Apued :OO -nog( �ueyl sa!}aed panlonuiljll o} sa!do�aing!i1 !p ll!M JGAMeS -Jw -JOAMeS Apue�j 10 uo!Jua}le ayj o} 'uO!s!n!Q slelJGIeW snopaezbH 'juawlieda4 saO!nJaS ylleaH ayj o} pap!noid aq..Iuewaaa6e yoea}o Adoo auo ley} -{se am 'osly -aogo mo! Aq paulelai aq sleu!6!ao aye leyl puawwOOaa OAA -}uawa9J6e yoea 10916P an!jOa_4a ayl osle si alep s!y) se 'j!eyo ayl Aq pau6!s s! luaweei6e yoea leyl elep ayl eleo!pu! eseald 'a!eyo paeo8 ayj Aq pau6!s aq mou stew pue 'eoi}}o s!yl Aq woo;01 se panoidde uaaq.sey juawaaa6e 4083 '(£ 'd'S) 600Z '66 aunt uo sios!naadnS jo pjeo8 ayj Aq panoidde sluawaaa6e walsAS 6u!weM Al!unwwoo ayl;o sleu!6ljo eqj aie yl!majeq pall!wgnS sluawaaiy wa}s S 5uiuaeAA 1!unwwoo :aa lasunoo Alunoo Alndad '!!fns •1 ue!ll!-1 :Aa lasunoo Alunoo '!sayOaeVq -g ouenI!S :woaf pieo9 ayj to �Jalo BUIIOy 'u!ljeIN eulE :ol 600Z '66 AInf:aleo SLo L-9t,9(sZ6):Xe-4 £99t,6 VO 'zau!IJew 009 L-56E(9Z6):auoyd JOOIJ y16 IGGAS au!d 699 Alunoo elsoo ealuoo lasunoo )�unoo ey;jo aO!,yo ` REQUEST TO SPEAR FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: ^UI II .I� �A�Vf' Phone: 2z8' (6ao Address: -0.3-1 -BLU M P-6AD City: ,-litA4T VL-Z I am speaking for myself or organization: fZt4[(G&w S iCA)- /=L3 �I Oar— (now of organization) CHECK ONE: I wish to speak on Agenda Item # .J Date: b My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider: SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. i 2. You will be called on to make your presentation: - Please speak into the microphone at the podium. 3. Begin-by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the Clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard) . 1 m x n n S� -0 Qco p�W •`'�::.'`.`1.:' N M Y O w r In Q Fj C O E 'n::."'r':'::.y;; p y p c C m v v�j �° o <' E C) N EE O v . EErn '+ mTU _ 94 �a o-Eod Q cc m � rn m a 5 m E p oo c 0 p-a E m O .Q mW �« ymw U � c ac na cc 0c mt E Q� c € J,% co Z 0) ai w o c to 012 y I� a) V V a) c w p Z, O ao a' E 7 N -0— ai a c CL o CL c'W oo c'rn m oU E _ 0 o (� C 7 B d co C,4 //� E 10 CL c Y CL 03gN75= E nNov oNr 13D u)= p om Uoc ® uop�uuw Bupq�q 4:):. tca ¢ C3 CL a = 0 o p a O C —COU) = W ZOO CL Z lied j 0 3 W v C,) 2UIl l3aJIQ c_ 0(a CL I N E n aX)V. z ��5nno0 a I 0m > LOU !�= C Q N �o va� E 0O z �F C 43E ca aN0 a VOCL CL U 75 oaas� i Om Q z-j W C) 41 Y 29 0 v+-Y a Q I j V n. `o CL c J CL 3 U e`a 14 c0'v x n CY M- it a /O ao W c c.� COMMUNITY WARNING SYSTEM TRANSFER AGREEMENT 1. Effective upon the date executed by both parties hereto, this Community Warning System Transfer-Agreement("Transfer") is entered into by and between the County of Contra Costa,a political subdivision of the State of California("County"), and Contra Costa County CAER Group,Inc., a California non-profit public benefit corporation("CAER"). 2. CAER and County have agreed to the terms set forth in the AGREEMENT REGARDING TRANSFER OF COMMUNITY WARNING SYSTEM("Agreement"), a copy of which is attached hereto as Exhibit 1 and incorporated herein by this reference. 3. CAER and County desire to enter the Agreement;however,not all supporting agreements have been executed, and may or may not be executed in the near future(e.g.,license agreements permitting the County to have components of the Community Warning System on specified property). 4. So as not to delay transferring the majority and critical components of the Community Warning System to the County pending the execution of the agreements referred to section 3, County and CAER agree that CAER shall transfer to the County, and County shall accept from CAER all of the components of the Community Warning System located on County property or on property for which the owner has entered an agreement with the County,giving the County permission to place components of the Community Warning System on the property. 5. The transfer of components of the Community Warning System to the County pursuant to Section 4, above,shall be subject to the terms set forth in the Agreement. 6. After the effective date of this Transfer,additional components of the Community Warning System may be transferred to County, and County,under the terms provided herein, intends to accept from CAER said components, upon the execution of agreements by and between the County and the property owners, which agreements shall be subject to the same terms as agreed to by and between the County and similarly situated property owners. CONTRA COSTA COUNTY CAER COUNTY OF CONTRA COSTA, a GROUP,INC., a California non-profit political subdivision of the State of public benefit corporation California By: By: Name: Chair,Boar of Supervis Its: G ,p O'Ov Date: — S 0/ ATTEST:John Sweeten, Clerk of the y. tAMH p„A^^n� Board of Supervisors and County B �1/Y r V'r' Administrator Name: T I ZA Its: GXLcuTivc DimcAoQ Date: C) 1 By: D ty Clerk te. FORM APPROVED SIWANO BIMC111,County n I By Deputy May 10,2001 I1:U1rVMAnC\Vs\,rransrcr\051001.«PJ i .� ►, � � y r t AGREEMENT REGARDING TRANSFER OF COMMUNITY WARNING SYSTEM Effective upon the date executed by both parties hereto,this Agreement Regarding Transfer of Community Warning System ("Agreement") is entered into by and between the County.of Contra Costa, a political subdivision of the State of California("County"), and Contra Costa County CAER Group, Inc., a California non-profit public benefit corporation("CAER"). RECITALS A. CAER was formed to undertake the funding and implementation of an emergency alert and notification system(the"Community Warning System"), in conjunction with the Community Notification Advisory Board appointed by the County Board of Supervisors. The Community Warning System is located throughout Contra Costa County, with components (computer terminals)in Alameda and Solano Counties, and in the City and County of San Francisco, for operation throughout Contra Costa County. The Community Warning System is intended to be used in the event of an emergency situation in which hazardous materials are accidentally released in Contra Costa County, and in such other emergencies as the County desires. B. On December 20, 1994, the County Board of Supervisors adopted an order concerning County acceptance of the ownership of the Community Warning System. A copy of the said Board Order is attached hereto as EXHIBIT A. C. CAER now desires to donate the Community Warning System to the County for the purposes set forth in Exhibit A and County desires to accept such donation on the terms and conditions set forth in this Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties to this Agreement,the parties agree as follows: AGREEMENT ARTICLE 1 DESCRIPTION OF THE COMMUNITY WARNING SYSTEM Section 1.1 Description of the Community Warning_System. The Community Warning System consists of the equipment and software supplied and constructed as described in the as- built plans and specifications for the Community Warning, copies of which have been delivered to County. A description and inventory of the equipment of which the Community Warning System is comprised, is set forth by location in EXHIBIT B, "Equipment Description and Inventory by System Location," attached hereto and incorporated herein by this reference. April 9,200 EXHIBIT 1 s ,` ,1 5 1 ,. ,\ �l ,a 1 i t ,` AGREEMENT REGARDING TRANSFER OF COMMUNITY WARNING SYSTEM Page 2 ARTICLE 2 DONATION OF THE COMMUNITY WARNING SYSTEM Section 2.1 Donation of the Community Warning_System. CAER has completed the purchase of the Community Warning System, including payment of all applicable taxes and costs, and now desires to donate the Community Warning System to the County. Upon the effective date of this Agreement, ownership and possession of the Community Warning System shall be deemed transferred to the County. From and after the effective date of this Agreement, CAER shall have no further responsibility for and shall not have any obligation to make any monetary contribution of any type or nature with.respect to the Community Warning System. Section 2.2 As-Is Donation. COUNTY REPRESENTS,WARRANTS AND COVENANTS TO CAER THAT COUNTY HAS,TO THE EXTENT THAT COUNTY DESIRES TO DO SO,INDEPENDENTLY AND PERSONALLY INSPECTED THE COMMUNITY WARNING SYSTEM. COUNTY AGREES THAT COUNTY'S ACCEPTANCE OF THE PROPERTY,IN ITS PRESENT CONDITION,WILL BE AS-IS AND WITH ALL ITS FAULTS. NO PERSON ACTING ON BEHALF OF CAER IS AUTHORIZED TO MAKE,AND BY EXECUTION HEREOF,COUNTY ACKNOWLEDGES AND AGREES THAT CAER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS,WARRANTIES,PROMISES, COVENANTS,AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER,WHETHER EXPRESS OR IMPLIED,ORAL OR WRITTEN,PAST,PRESENT OR FUTURE,OF,AS TO,CONCERNING OR WITH RESPECT TO: (I) THE VALUE OF THE COMMUNITY WARNING SYSTEM; (II) THE SUITABILITY OF THE COMMUNITY WARNING SYSTEM FOR ANY AND ALL ACTIVITIES AND USES WHICH COUNTY MAY DESIRE TO MAKE OF SUCH COMMUNITY WARNING SYSTEM; (11I) THE MERCHANTABILITY,MARKETABILITY,OR FITNESS FOR A PARTICULAR PURPOSE OF THE COMMUNITY WARNING SYSTEM; (IV) THE MANNER,QUALITY,STATE OF REPAIR OR LACK OF REPAIR OF THE COMMUNITY WARNING-SYSTEM; (V) THE COMPLIANCE OF OR BY THE COMMUNITY WARNING SYSTEM OR ITS OPERATION WITH ANY LAWS,RULES,ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY; (VI) THE MANNER,CONDITION OR QUALITY OF THE CONSTRUCTION OR . MATERIALS,IF ANY,INCORPORATED INTO THE COMMUNITY WARNING SYSTEM; (VII) COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION,POLLUTION OR LAND USE LAWS,RULES,REGULATION,ORDERS OR REQUIREMENTS,INCLUDING BUT NOT LIMITED TO,THE ENDANGERED SPECIES ACT,TITLE III OF THE AMERICANS WITH DISABILITIES ACT OF 1990 Apra v,1-001 .1 j 1 ,i j � � 1 �i 1 1 ,� ,, 1 i �i ,\ i . �, 1 �. ,� �. `� �, AGREEMENT REGARDING TRANSFER OF COMMUNITY WARNING SYSTEM Page 3 OR ANY OTHER LAW,RULE OR REGULATION GOVERNING ACCESS BY DISABLED PERSONS, CALIFORNIA HEALTH&SAFETY CODE,THE FEDERAL WATER POLLUTION CONTROL ACT,THE FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT,THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R.,PART 261,THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF 1980,AS AMENDED,THE RESOURCES CONSERVATION AND RECOVERY ACT OF 1976,THE CLEAN WATER ACT,THE SAFE DRINKING WATER ACT,THE HAZARDOUS MATERIALS TRANSPORTATION ACT,THE TOXIC SUBSTANCE CONTROL ACT,THE CLEAN AIR ACT,AND REGULATIONS PROMULGATED UNDER ANY OF THE FOREGOING, (VIII) THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS AT,ON,UNDER,OR ADJACENT TO ANY PROPERTY WHEREON THE COMMUNITY WARNING SYSTEM IS INSTALLED,- (IX) NSTALLED;(IX) THE CONFORMITY OF THE COMMUNITY WARNING SYSTEM TO ANY PLANS OR SPECIFICATIONS THEREFOR; (X) THE CONFORMITY OF ANY PROPERTY WHEREON THE COMMUNITY WARNING SYSTEM IS LOCATED TO PAST,CURRENT OR FUTURE LAWS; (XI) DEFICIENCY OF ANY UNDERSHORING; (XII) DEFICIENCY OF ANY DRAINAGE; (XIII) THE FACT THAT ALL ORA PORTION OF PROPERTY WHEREON THE COMMUNITY WARNING SYSTEM IS LOCATED,MAY BE LOCATED ON OR NEAR AN EARTHQUAKE FAULT LINE OR LOCATED IN AN ALQUIST-PRIOLO SPECIAL STUDY ZONE; (XIV) THE EXISTENCE OF VESTED LAND USE,ZONING OR BUILDING ENTITLEMENTS AFFECTING THE PROPERTY WHEREON THE COMMUNITY WARNING SYSTEM IS LOCATED;OR (XV) WITH RESPECT TO ANY OTHER MATTER CONCERNING THE COMMUNITY WARNING SYSTEM,INCLUDING ANY AND ALL SUCH MATTERS REFERENCED,DISCUSSED OR DISCLOSED IN ANY DOCUMENTS DELIVERED BY CAER TO COUNTY,IN ANY PUBLIC RECORDS OF ANY GOVERNMENTAL AGENCY OR ENTITY OR UTILITY COMPANY,OR IN ANY OTHER DOCUMENTS AVAILABLE TO COUNTY. COUNTY FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE COMMUNITY WARNING SYSTEM,AND THE PROPERTIES WHEREON THE COMMUNITY WARNING SYSTEM IS LOCATED,AND TO REVIEW ALL COMMUNITY WARNING SYSTEM PURCHASE,CONSTRUCTION AND OPERATION INFORMATION AND DOCUMENTATION LOCATED IN CAER'S OFFICES,COUNTY IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE COMMUNITY WARNING SYSTEM AND ANY PROPERTY WHEREON THE COMMUNITY WARNING SYSTEM IS LOCATED,AND ITS OWN REVIEW OF SUCH INFORMATION AND DOCUMENTATION,AND NOT ON ANY INFORMATION PROVIDED BY CAER. COUNTY FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION MADE AVAILABLE TO COUNTY OR PROVIDED OR TO BE PROVIDED BY OR ON AprU 9.2001 y l i 1, `` i 1 ` Y \1{\ '1 , �'� `\\\ i 1 1� 1\ \t �� 11 1 i �. i �� `�` �, �1 `\ ,l S ,� AGREEMENT REGARDING TRANSFER OF COMMUNITY WARNING SYSTEM Page 4 BEHALF OF CAER WITH RESPECT TO THE COMMUNITY WARNING SYSTEM AND ANY PROPERTY WHEREON THE COMMUNITY WARNING SYSTEM IS LOCATED WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT CAER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. COUNTY FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW,THE DONATION OF THE COMMUNITY WARNING SYSTEM AS PROVIDED FOR HEREIN IS MADE ON AN "AS-IS"CONDITION AND BASIS WITH ALL FAULTS,AND THAT CAER HAS NO, OBLIGATION TO MAKE REPAIRS,REPLACEMENTS OR IMPROVEMENTS TO THE COMMUNITY WARNING SYSTEM AT ANY TIME,FOR ANY PURPOSE. ARTICLE 3 OPERATION AND MAINTENANCE OF THE COMMUNITY WARNING SYSTEM Section 3.1 No Operation and Maintenance of the Community Warning System by CAER. From and after the effective date of this Agreement, CAER will not operate, maintain or repair the Community Warning System or any component thereof. ARTICLE 4 RELEASE Section 4.1 Release. Except as expressly provided in this agreement, County and anyone claiming by, through or under County hereby fully and irrevocably releases CAER, and each of CAER's employees, officers, directors, representatives, agents, servants, attorneys, affiliates, parent companies, subsidiaries, successors and assigns, and all persons, firms, corporations, organizations and public agencies of any type or nature, participating in or funding CAER, or acting on CAER's behalf(individually a"CAER group member"and collectively the "CAER group members"),to the extent that they are acting on CAER's behalf in their capacity as a CAER group member, from any and all claims that it may now have or hereafter acquire against CAER or any of the CAER group members to the extent that they are acting on CAER's behalf in their capacity as a CAER group member, for any costs, loss,liability,damage,expenses, demand, action or cause of action arising from or related to: (I) INFORMATION OR DOCUMENTATION PROVIDED BY CAER OR THE CAER GROUP MEMBERS ON BEHALF OF CAER TO THE COUNTY CONCERNING THE COMMUNITY WARNING SYSTEM. CAER AND THE CAER GROUP MEMBERS ARE NOT LIABLE OR BOUND IN ANY MANNER BY ANY ORAL OR WRITTEN STATEMENTS,REPRESENTATIONS OR INFORMATION FROM ANY PARTY PERTAINING TO THE COMMUNITY WARNING SYSTEM; (II) ANY DESIGN OR CONSTRUCTION DEFECTS,ERRORS,OMISSIONS OR OTHER CONDITIONS,LATENT OR OTHERWISE,GEOTECHNICAL OR SEISMIC,AFFECTING THE COMMUNITY WARNING SYSTEM,THE SYSTEM LOCATIONS,OR ANY PORTION THEREOF INCLUDING,WITHOUT LIMITATION,ENVIRONMENTAL MATTERS OF ANY TYPE OR NATURE; Aprd 9.2001 k 1 i �"' i .t 1 , 1 t' 1t 1 4 1 ,� �1 1 1 } ;� j t . , '1 1 �. i 4 . � �� ..� . � i l ,1 ,� r '� i I\ ' AGREEMENT REGARDING TRANSFER OF COMMUNITY WARNING SYSTEM Page 5 (111) ANY OPERATIONAL DEFECTS, ERRORS,OR OMISSIONS OR OTHER CONDITIONS, LATENT OR OTHERWISE,AFFECTING THE COMMUNITY WARNING SYSTEM,THE SYSTEM LOCATIONS, OR ANY PORTION THEREOF, INCLUDING,WITHOUT LIMITATION,ANY ASPECT OF THE DESIGN OF THE COMMUNITY WARNING SYSTEM,THE LOCATION OF ANY COMPONENT OF THE COMMUNITY WARNING SYSTEM,THE COMMUNITY WARNING SYSTEM SOFTWARE;AND (IV) THE USE OR NON-USE OF THE COMMUNITY WARNING SYSTEM FOR ANY MATTER OR PURPOSE. SECTION 4.2 WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542. THE RELEASE CONTAINED IN SECTION 4.1. ABOVE INCLUDES CLAMS OF WHICH COUNTY IS PRESENTLY UNAWARE OR WHICH COUNTY DOES NOT PRESENTLY SUSPECT TO EXIST WHICH,IF KNOWN BY COUNTY, WOULD MATERIALLY AFFECT COUNTY'S RELEASE OF CAER AND THE CAER GROUP MEMBERS. THE COUNTY SPECIFICALLY WAIVES THE PROVISION OF CALIFORNIA CIVIL CODE SECTION 1542,WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." County Initials Section 4.3 No Release as to Underlying Incident; No Assumption of Obligations. Notwithstanding any other provision of this Agreement, it is understood that the releases by County of CAER and the CAER Group Members are limited solely and only to the extent of CAER's and the CAER Group Member's participation in the Community Warning System project, and do not in anyway extend to any other claims, demands, liabilities, costs,expenses, damages and losses, causes of action and suits, including,without limitation,those arising out of or due to an emergency or other incident or event,such as an unauthorized release, caused by a CAER Group Member. CAER and the CAER Group Members understand and agree that the County is accepting ownership of the Community Warning System only to enhance its ability to provide notification of and to respond to an emergency in its discretionary governmental capacity. Notwithstanding any other provision of this Agreement, County makes no promises or representations to CAER, the CAER Group Members, or any other person regarding the operation or maintenance of the Community Warning System in any manner or for any purpose, or the continued existence, use or operation in any particular manner, of the Community Warning System. CAER and the CAER Group Members understand and agree that the County does not intend by way of this Agreement to in any way waive any of its statutory or other immunities, nor is the County by accepting the Community Warning System assuming any duties, responsibilit or liabilities. CAEW Gtials April 9,2001 i e 1 4 i S 5 AGREEMENT REGARDING TRANSFER OF COMMUNITY WARNING SYSTEM Page 6 ARTICLE 5 MISCELLANEOUS Section 5.1 Notices. Any notices required or permitted to be given hereunder shall be given in writing and shall be delivered(i) in person, (ii)by certified mail, postage prepaid, return receipt requested, or(iii)by a commercial overnight courier that guarantees next day delivery and provides a receipt, and such notices shall be addressed as follows: CAER COUNTY Contra Costa County CAER Group, Inc. Contra Costa County 1320 Arnold Drive, Suite 271 County Administrator P.O. Box 668 651 Pine Street, 11 th Floor Martinez, CA 94553 Martinez, California 94553 Att'n: Executive Director Telephone: (925) 335-.1086 Telephone: (925) 313-9296 with copy to: with copies to: Pamela J. Reed, Esq. Director, Hazardous Materials Program Morrison & Foerster LLP Health Services Department 101 Ygnacio Valley Road, Suite 450 4333 Pacheco Boulevard Walnut Creek, California 94596 Martinez, CA 94553 Telephone: (925) 295-3304 Telephone: (925)646-2286 Silvano B. Marchesi, County Counsel 651 Pine Street, 9th Floor Martinez, CA 94553 Attn: Lillian T. Fujii, Deputy County Counsel Telephone: (925) 335-1814 or to such other address as either party may from time to time specify in writing to the other party. Any notice shall be effective only upon delivery. Section 5.2 Entire Agreement. This Agreement together with the Exhibits hereto constitutes the entire understanding between the parties with respect to the donation of the Community Warning System by CAER to the County. Any prior correspondence,memoranda, agreements, Board Orders or Resolutions, or any other documents related thereto are superseded in their entirety by this Agreement and the Exhibits hereto. Section 5.3 Attorne, sem'Fees. If either party hereto fails to perform any of its obligations under this Agreement, if any dispute arises between the parties hereto concerning the meaning or interpretation of any provision of this Agreement, or if any dispute arises with respect to the enforcement of any judgment relating to the Agreement, then each party shall bear its own costs and attorneys'fees. Apra 9,2001 t .� � . i .� 1 AGREEMENT REGARDING TRANSFER OF COMMUNITY WARNING SYSTEM Page 7 Section 5.4 Obligations Survive. The obligations contained herein shall survive the transfer of title to the Community Warning System to the County and shall remain in effect until fulfilled or no longer applicable. Section 5.5 Successors and Assigns/No Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. .Except for those enumerated in section 4.1 and 4.2 above, this Agreement does not create, and shall not be construed as creating, any rights or claims enforceable by any person or entity not a party to this Agreement. Section 5.6 Governing Law. This Agreement shall be governed by, interpreted and construed in accordance with the laws of the State of California. Section 5.7 Interpretation of Agreement. The article, section and other headings of this Agreement are for convenience of reference only and shall not be construed to affect the meaning of any provision contained herein. Where the context so requires, the use of the singular shall include the plural and vice versa and the use of the masculine shall include the feminine and the neuter. The term "person" shall include any individual, partnership,joint venture, corporation, trust, unincorporated association, any other entity and any government or any department or agency thereof, whether acting in an individual, fiduciary or other capacity. Section 5.8 Authority. Each party executing this Agreement represents and warrants to the other that such party is duly organized, validly existing, and in good standing under the laws of the State of California, and has the authority to execute this Agreement. Section 5.9 Amendments. This Agreement may be amended or modified only by a written instrument signed by the parties. CONTRA COSTA COUNTY CAER CONTRA COSTA COUNTY GROUP,.INC., a California non-profit public benefit corporation By: Chair, Board of Supervisors By: Name: ATTEST: Clerk of the Board of Supervisors Its: and County Administrator Date: By: By: Name:/�L)A � Deputy Clerk Its: -YG v Ir Date: Date: ->-3 to/ H:ViA7.MATC W S7RAN SFER�O10901.wpd April 9.2001 5 1 �� ,, } 5 �,1 1 1, 1 1` 1 S ., i 1 -, EXHIBIT A BOARD ORDER April 9,2001 1 1 ,1 1 1, .. 1 i �, �� �, ,,, .1 . � 1 - � � . � ,, �� i 1 �, ,i 1 To:` BOARD OF SU'PERV'ISORS 2 1 Contra FROM: Barton J. Gilbert Director of General Services Costa DATc November 29, 1994 County SUIWECT: Community Warning System.Project SPECIFIC REOUEST(S)OR RECOMMENDATION(S)i BACKGROUND AND JUSTIFICATION I. RECOMMENDATIONS ENDORSE the implementation of the Contra Costa County Community Warning System project; ACCEPT ownership of the System upon completion of its installation and testing;�and ACCEPT responsibility for the operation of the System, including all on-going operating and maintenance costs. II. BACKGROUND/REASON FOR RECOMMENDATIONS On July 27, 1993, the Board of Supervisors heard a status report from the Director of the Office of Emergency Services and the County Medical Director regarding the hazardous materials release at the General Chemical plant on April 27,=`1993. The Board ordered them to review the Implementation of a travelers' notification system and siren alarm system for the industrial areas of the County. In August, 1993, the Contra Costa County Community Awareness Emergency Response group (CAER), in conjunction with the Health Services Department, formed a Community Notification Committee comprised of representatives from local communities, and government agencies. Subsequently, the County Hazardous Materials Commission found that the current emergency alert and notification system was not adequate to quickly inform the public of an incident. The Commission requested that the Community Notification Committac prepare a report regarding the implementation of an enhanced notification system that included sirens. CONTINUED ON ATTACHMENT: —`LYES SIGNATURE: •�RAV'�+'V�` —RECOMMENDATION DF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S: ACTION OF BOARD ON "L O APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HERESY CERTIFY THAT THIS Oi A TRUE _LUNANIMOUS(ABSENT— AND CORRECT COPY OF AN ACTION TAKEN ATES: NORM AND ENTERED ON THE MINUTES 0►TME BOARD ASSENT: ASSTAIN: OF SUPERVISORS ON THE D TE SHOWK Contact: B. J. Gilbert (313-7100) ATTESTED iYLC ' ,,0. General Services Administration! PHIL BATCHELOR.CLERK OF THE BOARD OF William Walker, M.D., Health Services SUPERVISORS AND COUNTY ADMINISTRATOR Gary Brown, Office/Emergency Services K. Imhoff, Community Warning System WSB! ITOISS) SY .DEPUTY • e t i t � l 1 1 t � . i 1. EXHIBIT B EQUIPMENT DESCRIPTION AND INVENTORY BY SYSTEM LOCATION April 9,2001 ,� �!! l ti 1 1 �` �, �� � .. 1 �\ ., �` ., .j ,� ', ., 1 ,, ,` ,, ,` �l ,�� ,\ `� '� Community Warnina System -Eauioment List Contra Costa County CommunityWarning , System Equipment List Last updated on March 6, 2001 Page- 1 f r, *� ,. t ,` �, �, 1 1 1 �� 1 1 1 ,� .. t� i �` ;, i �` �1 1 4 �, '` ,! . �` ,1 1 5 1, ,1 �t :} 1` Community Warnina System -Equipment List FACILITY: SIREN M03-MARTINEZ,VINE HILL...............................................................38 FACILITY: SIREN M14-UDS,GOLDEN EAGLE REFINERY...........................................39 FACILITY: SIREN M15-UDS,CLYDE...............................................................................40 FACILITY: SIREN P01 -ANTIOCH,DELTA DIABLO.........................................................41 FACILITY: SIREN P02-ANTIOCH,WATER TREATMENT...............................................42 FACILITY: SIREN P03-ANTIOCH,PG&E PLANT............................................................43 FACILITY: SIREN PO4-OAKLEY,BIG BREAK MARINA.................................................44 FACILITY: SIREN R01 -RICHMOND,CRTC......................................................................45 FACILITY: SIREN R02-RICHMOND,SCHOOL WAREHOUSE........................x.............46 FACILITY: SIREN R03-RICHMOND, CHEVRON REFINERY..........................................47 FACILITY: SIREN R04-HALL OF JUSTICE.......................................................................48 FACILITY:SIREN R06-RICHMOND, DORNAN DRIVE.................................. FACILITY: SIREN R07-RICHMOND,BRICKYARD COVE..............................................51 FACILITY: SIREN R08-RICHMOND,WRIGHT AVENUE................................................52 FACILITY: SIREN R09-RICHMOND,REGATTA BOULEVARD......................................53 FACILITY:SIREN R10-RICHMOND,SUTTER&PLACER.............................................54 FACILITY:SIREN R11 -RICHMOND,BARRETT&DIM...................................................55 FACILITY: SIREN R12-RICHMOND,MCBRYDE/LASSEN...........................................56 .................... FACILITY: SIREN R13-RICHMOND,15TH&VISALIA....................................................57 FACILITY: SIREN R14-SAN PABLO,DAVIS PARK........................................................58 FACILITY:SIREN R15-RICHMOND,FAIRMEAD PARK.................................................59 FACILITY:SIREN R16-SAN PABLO,BROADWAY&17 STREET................................60 FACILITY:SIREN R17-RICHMOND,SAN PABLO AVE&RICHMOND PKWY.............61 FACILITY:SIREN R18-RICHMOND,HILLTOP DRIVE&PARK C.................................62 FACILITY:SIREN R19-RICHMOND,WILLIAMS DRIVE&MOGLOT.............................63 FACILITY:SIREN R20-RICHMOND,PAAR BOULEVARD&3RD ST...........................64 FACILITY:SIREN R21 -RICHMOND,WHARF STREET..................................................65 FACILITY: SIREN R22-RICHMOND,HARBOR WAY&HALL........................................66 FACILITY:SIREN S01 -PITTSBURG,RAILRYARD..........................................................67 FACILITY:SIREN S02-PITTSBURG WATER TREATMENT............................................68 FACILITY:SIREN S03-PITTSBURG,DOW CHEMICAL..................................................69 FACILITY: SIREN T01 -TOSCO,RODEO..........................................................................70 FACILITY: SIREN T02-RODEO FIRE STATION................................................................71 FACILITY: SIREN T03-CROCKETT-WEST.....................................................................72 FACILITY:SIREN T04-CROCKETT-EAST.....................................................................73 Last updated on March 6, 2001 Page-3 t � :� �� 1 :` a 1 = -_ , . , 1 1 '� 1` j `, �` �` •`1 \. 1 r '� 1 1 1\ �. `� ;1 �� i ,` �, 1 '<< +5 isi l i` Community Warning System -Equipment List Facility: CWS Terminal — CCC Sheriff Dispatch (COMM 1) Description Model Number Quantity 12 VDC Power Supply Astron-RS-35BB 1 19" Monitor Sylvania 1 19" Steel RackKan/thermo MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 600 VA UPS APC-Smart UPS-600VA 1 2000 VA UPS APC-Smart UPS-2000VA 2 Maxtrac LB Data Motorola-D51 MJA97A3-K 4 PC Switcher 4 inputs 1 CWS Terminal Computer SAGE-CANCom 1 Com uLert Computer ASC 1 Monitor Computer SAGE-CANCom 1 PPM Computer SAGE-CANCom 2 EDIS Interface Computer Will 2 AC Console ACON 1 KVM II Receiver EASY-AC072A 1 KVM II Xmitter Easy-AC072A 1 LB Antenna Decibel-DB-205A 2 LB Lightning Arrester Polyphaser-IS-B50LN- 2 CO Mouse Microsoft-Serial Mouse 1 Packet.Controller AEA—PK90 4 Radio/PK90 Shelf Howell-custom 3 UHF Antenna Decibel-DB-408 1 Various Cables &Connectors N/A LOT Computer Controller ETG V8 1 DTMF Encoder N/A 1 Com uLert Central ASC 1 UHF Maxtrac for CLERS Motorola 2 ENDEC SAGE 2 Relay and Audio EAS box 1 Coaxial switch 1 Short Haul Modems BlackBox .3 pairs Last updated on March 6, 2001 Page-5 r ' ' i �� ., ,, '•, 1 �}1\ t .1 \1 i ,, �, '� ,j �. 1 ` i _{ � ,. 1 .� i �, 1 .\ 1 �. \, .1 - � `� �� '` 1 ,� i s 1 `.� i Community Warning System -Equipment List Facility: CWS Terminal — CCC Fire Protection District (CCCFPD) Description Model Number Quantity 12 VDC Power Supply Astron-RS-35BB 1 19" Monitor SAMTRON 1 14' Monitor CTX SVGA 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 Furniture/Cart Global-AC5170 1 600 VA UPS APC-Smart UPS-600VA 1 1250 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 2 LB Antenna Decibel-DB-205A 2 LB Lightning Arrester Pol haser-IS-B50LN-CO 2 CWS Terminal Computer SAGE-CANCom 1 Com uLert Computer SAGE-CANCom 1 CWS Terminal Console Sa a-STCON 1 M, K bd, Mouse Receiver EASY-AC233A 1 M, K bd, Mouse Xmitter Easy-AC231A 1 Mouse Microsoft-Serial Mouse 1 Keyboard Various 1 Com uLert Central 960 FSK 1 Various Cables & Connectors N/A Lot Last updated on March 6, 2001 Page-7 t ►. '� ',1 �.� i 1 `� �� ,1 . \ � � . t ., ,, � \ _� �� S �� i ., .� t 1 j �� '+ ,� ti ,� ,` i �, ,, ��� ;1 Community Warning System -Equipment List Facility: CWS Terminal — Pinole PD 911 Center (pinpd) Description Model Number Quanti 12 VDC Power Supply Astron-RS-35BB 1 • 19" Monitor SAMTRON 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 Furniture/Cart Global-AC5170 1 600 VA UPS APC-Smart UPS-600VA 1 :�J 2000 VA UPS APC-Smart UPS-2000VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyphaser-IS-B50LN- 1 CO CWS Terminal Computer Sage-ACornp 1 CWS Console Sa a-ACON 1 M, Kybd, Mouse Receiver EASY-AC233A 1 M, K bd, Mouse Xmitter Easy-AC231A 1 Mouse Microsoft-Serial Mouse 1 Keyboard Various 1 Various Cables &Connectors I N/A Lot Last updated on March 6, 2001 Page-9 � i 4 1 i ti �, t i '� j 1 1 1 i • '� , ` i i ;� } �� "� s i ,� , �� ,,S 1 ;. i '� t ti t 1 � .. 1 .1 i } .� i t i l 1 Community Waming System -Equipment List Facility: CWS Terminal - Chevron Admin Building (chvadm) Description Model Number Quanti 12 VDC Power Supply Astron-RS-351313 1 14' Monitor IBM SVGA 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 600 VA UPS APC-Smart UPS-600VA 1 1250 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 ' Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyp haser-IS-B50LN- 1 CO CWS Terminal Computer Sage-Acomp Sage-Acorn1 CWS Terminal Console Sa e-ACON 1 M, K bd, Mouse Receiver EASY-AC233A 1 M, K bd, Mouse Xmitter Easy-AC231A 1 Mouse/Keyboard shelf MAP-N/A 1 Mouse Microsoft-Serial Mouse 1 Keyboard Various 1 Printer HP 1 Push Button Box Custom 1 Various Cables &Connectors N/A Lot Last updated on March 6, 2001 Page - 11 , � _ i �, .,, 1 �� 1 S :� 1 ; . �� ,` . l i �� � 1 ., h ,` �1 ,t\` 1 �t 1 t, V 1 `� ti i 1 i .,\ Community Warning System -Eguinment List Facility: CWS Terminal — MRC / Equilon —Security (mresec) Description Model Number Quanti 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor CTX SVGA 1 1250 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Pol haser-IS-B50LN-CO 1 Pentium Computer Sage-AComp 1 Mouse Decca-Mouse 1 Keyboard Various 1 Printer HP 1 Strobe/Buzzer RS-Strobe 1 Various Cables & Connectors N/A Lot Push Button Box Custom 1 Facility: CWS Terminal — MRC / Equilon — EOC (mrceoc) Description Model Number Quantity 37.12 MHz Maxtrac Motorola-D51MJA97A3-K 1 Custom Computer General Technic 1 LB Antenna Decibell DB-205A 1 Lightning Arrestor Pol haser-IS-B50LN-CO 1 Packet Controller AEA-PK90 1 Radio[PK90/CR Shelf Howell-custom 1 Various Cables & Connectors N/A LOT Short Rack Elma 38-01525-01 1 UPS APC 600 1 Last updated on March 6, 2001 Page- 13 � i t l �l , . 1 ti �\ � .. ;` 1 �, �, i ..1 '1 .. _ . � '� ,� . � � ,i �� - ; j �� �` ... ,� :. j ,` �1 i . � t ,� .� °�, t y 1 Gummunity Warnina System -Eaufameed List Facility: CWS Terminal — Ultramar Golden Eagle SEC (udssec) Description Model Number Quantity 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor IBM SVGA 1 19" Steel Rack/fan/thermo MAP-N/A 1 19",Steel Rack Rear Door MAP-N/A 1 1250 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Pol haser-IS-B50LN-CO 1 CWS Terminal Computer Sa a-ACom 1 Mouse/Keyboard shelf MAP-N/A 1 L Microsoft-Serial Mouse 1 ard Various 1 HP 1 /Buzzer RS-Strobe 1 s Cables & Connectors N/A Lot Facility: CWS Terminal — Ultramar Golden Eagle EOC (udseoc) Description Model Number duantity 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor IBM SVGA 1 19" Steel Rack/fan/thermo MAP-WA 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 1250 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Pol haser-IS-B50LN-CO 1 CWS Terminal Computer Sage-ACornp 1 Mouse Microsoft-Serial Mouse 1 Keyboard Various 1 Printer HP 1 Push Button Unit Hormann America 1 Various Cables & Connectors N/A Lot Last updated on March 6, 2001 Page- 15 Lommunity Warning System -Eguiamt.it List Facility: CWS Terminal — Tosco Rodeo ADM (tsradm) Description Model Number Quantity 12 VDC Power Supply Astron-RS-35136 1 14' Monitor CTX SVGA 1 19" Short Steel Rack MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 600 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Pol haser-IS-B50LN-CO 1 CWS Terminal Computer Sa a-A Notebook 1 Mouse/Keyboard shelf MAP-N/A 1 Keyboard Various 1 Printer HP 1 Various Cables & Connectors I N/A Lot Facility: Tosco Rodeo Terminal — Mobile (tsrmob) Description Model Number Quantity 37.12 MHz Maxtrac Motorola-D51 MJA97A3-K 1 ROCY Laptop Computer Rocky 1 LB Antenna TAB-1012 1 Packet Controller AEA-PK90 1 Radio/PK90/CR Shelf custom 1 Various Cables &Connectors N/A 1 Last updated on March 6, 2001 Page- 17 . + ,, ,` �� �, ;` �� ,` 1 `� 1 `i . � � ,, ;1 . 1 `` . \ ti . � \. �` . �t `��\ i r ,\ .` 1 �, i ., , S :, t . i '� �, ,` r L .nmunity Warning System -Eaulam. List Facility: CWS Terminal — Rhodia, Martinez (rhodia) Description Model Number Quantity 12 VDC Power Supply Astron-RS-35613 1 14' Monitor CTX SVGA 2 600 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Pol haser-IS-B50LN-CO 1 CWS Terminal Computer Sage-AComp 1 Keyboard Various 1 Short Haul Modem EAZY SHM-B 2WR-A 2 ME755A Printer HP 0 Strobe/Buzzer RS-Strobe 1 Various Cables & Connectors N/A Lot Push Butonn Box Custom 1 Short Haul Modem Black Box 1 air A/B switch Various 1 Last updated on March 6, 2001 Page- 19 . , ;` ,t ,, �� . , ,`� � ; 'E ti i ;� .� •, i \, t 1 �` \j '` �} ,.y 1 ti :,� �\ Cummunity Warnina System -Eguiame►-c List Facility: CWS Terminal — Martinez PD (mrtzpd) Description Model Number Quanti 12 VDC Power Supply Astron-RS-35BB 1 14" Monitor CTX1451 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 600 VA UPS APC-Smart UPS-600VA 1 1250 VA UPS APC-Smart UPS-1250VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyphaser-IS-B50LN- 1 CO CWS Terminal Computer Sage-ACornp 1 CWS Terminal Console Sa a-ACON 1 M, K bd, Mouse Receiver EASY-AC233A 1 M, K bd, Mouse Xmitter Easy-AC231A 1 Mouse Microsoft-Serial Mouse 1 Keyboard Various 1 Various Cables & Connectors N/A Lot Last updated on March 6, 2001 Page-21 `l ,, ,, �, - 1, , `� �, '� , ,- � .. .. �� i " ,, _ - .. ,` ll - �\ ,� `, `�'i } ti y ,, i t ,� ,` ti .` 1 Gvrnmunity Warnina System -Eciuipmb..c List Facility: CWS Terminal — US Coast Guard (uscg) Description Model Number Quanti 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor CTX SVGA 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 • 1250 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyphaser-IS-B50LN- 1 CO CWS Terminal Computer Sa a-ACom 1 Mouse/Keyboard shelf MAP-N/A 1 Keyboard Various 1 Strobe/Buzzer RS-Strobe custom 1 Various Cables & Connectors N/A Lot Last updated on March 6, 2001 Page-23 1 t ',, ,, ,� 1 � . 1 ;ti ,� `\ 1 �. ,, '` '� i �� ,` l �� '1 ,, �, ,` �, ,� i , 1 1 ,1 `� 1 Community Warning System -Equipment List Last updated on March 6, 2001 Page-25 1 1 ,� . ', ti j ,� '� r ,� �� :, ;� 1 �� i 1 ,, 1 1 , ,` i 1 ,` ,� ', � _ 1 l ,, 1 �1 1 Community Warning System -Equipment List CCC CWS NODE Sites Detailed List Last updated on March 6, 2001 Page-27 1 i ,i 1 , 1 i i i i 1 " �1 i i i1 1 r , i s s �l i i \ 5 1 } �i \ i j ,i 'y 1 { i Community Warning System -Enuinment List Facility: Kregor Node Site Description Model Number Quantity 12 VDC Power Supply Astron-RS-3566 2 CTX SVGA Color Monitor XA1451 1 19" Steel Rack Front Door MAP-N/A 2 19" Steel Rack Front Door MAP-N/A 2 19" Steel Rack Rear Door MAP-N/A 2 2000 VA UPS APC-Smart UPS-2000VA 2 Maxtrac LB Data Radio Motorola-D51 MJA97A3-K 4 CWS Terminal Computer Sage-AC Comp 1 Siren Activation Controller/ Sage-ST Comp 1 Computer Com uLert-RDS Computer 1 Computer Controller ETG-VB- 1 LB Antenna Decibel-DB-205A 4 LB Lightning Arrester Polyphaser-IS-B50LN- 4 CO Packet Controller AEA-PK90 4 Radio/PK90 Shelf Howell-custom 2 DTMF Decoder SSC-364AA 2 Com uLert Central ASC 2 Various Cables &Connectors N/A Lot Last updated on March 6, 2001 Page-29 4 1\ i ,. i ,,� 1� '� ,� ti �\ i '� ,\ �, .. �` i t t �� ,` ,� �� `` ;` j '� ,� i ,1 t 1 �\ �, i` 1 �� 4 \\ 1 Community Warnina System -Equipment List Facility: Highland Node Site Description Model Number Quantity 12 VDC Power Supply Astron-RS-35BB 1 CTX SVGA Color Monitor XA1451 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 2 2000 VA UPS APC-Smart UPS-2000VA 1 Maxtrac LB Data Radio Motorola-D51 MJA97A3-K 2 LB Antenna Decibel-DB-205A 2 LB Lightning Arrester Polyphaser-IS-B50LN- 2 CO Packet Controller AEA-PK90 2 Radio/PK90 Shelf Howell-custom 2 DTMF Decoder SSC-364AA 2 Various Cables & Connectors N/A Lot Last updated on March 6, 2001 Page- 31 G..mmunity Warning System -Equipme..i List CCC CWS Sirens Detailed List Last updated on March 6, 2001 Page- 33 Community Warnina System -Equipment List Facility: Siren B02 - Bay Point, Willow Pass Fire Station Description Mode{ Number Quantity Hormann Siren Head ECN3000SP 1 Hormann Controller w/cabinet ECN3000 1 Batteries N/A 6 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page- 35 Community Warning System -Equipment List Facility: Siren M02 — Martinez, Refining Company Sub 1 Description Model Number Quantity SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet -ASC-SC50 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Mount Kit N/A 1 Utility Pole Class 1, 50' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-37 Gommunity Warning System -Equipment List Facility: Siren M14 — UDS, Golden Eagle Refinery Description Model Number Quantity SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J 1816HPL 1% Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Mount Kit N/A 1 Utility Pole Class 1, 50' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-39. f Community Warninsl System - Equipment List Facility: Siren P01 —Antioch, Delta Diablo Description Model Number Quanti SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 50' 1 Mount Kit N/A 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-41 Community Warning System - Equipment List Facility: Siren P03 —Antioch, PG&E Plant Description Model Number Quanti Federal Signal Siren Head FS-EOWS612 1 FS Controller w/cabinet 1 FS Siren Batteries w/cabinet 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 Associated cables & Conduit N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Preexistin installation Last updated on March 6, 2001 Page-43 • r Gummunity Warning System -Eguipme-a List Facility: Siren R01 — Richmond, CRTC Description Model Number Quantity SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1' VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Mount Kit N/A 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-45 Community Warnina System-Equipment List Facility: Siren R03 — Richmond, Chevron Refinery Description Model Number Quanti SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Mount Kit N/A 1 Utility Pole Class 1, 50' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-47 Gummunity Warnina System -Eguiame.-c'List Facility: Siren R05 - Southeast Police Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1' VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 50' 1 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-49 t..,mmunity Warning System -EquIDrnL__.List Facility: Siren R07 — Richmond, Brickyard Cove Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1. Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 1 Associated cables &Conduit I N/A 1 Last updated on March 6, 2001 Page- 51 Community Warnina System -Eguipmesic List Facility: Siren R09 — Richmond, Regatta Boulevard Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 r. Last updated on March 6, 2001 Page-53 Gummunity Warnina System - Eauipmb.a List Facility: Siren R11 — Richmond, Barrett & Dim Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console - ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1` Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page - 55 Community Warning System -Equipment List Facility: Siren R13 — Richmond, 15th & Visalia Description Model Number Quantity SC20 Siren Head . ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet NIA 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-57 Community Warning System -Equipment List Facility: Siren R15 — Richmond, Fairmead Park Description Model Number Quanti SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio- Motorola 1 Utility Pole Class 1, 40' 1 . Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page -59 ,.� ,� '� '� l ,` ,\ i ,\ �\ -� �.. i 1 5 l �, } i` 1`l 1 �� �, \``\ 1 1 y 1 �\ �`t 1 `\ L„mmunity Warning System -Eguiam%._.i List Facility: Siren R17 — Richmond, San Pablo Ave & Richmond PKWY Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com ul-ert Console ASC-Com uLert 1` Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-61 Community Warning System-Equipment List Facility: Siren R19 — Richmond,.Williams Drive & Moglot Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-63 Community Warning System -Equipment List Facility: Siren R21 — Richmond, Wharf Street Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page- 65 Community Warning System -Equipment List Facility: Siren S01 — Pittsburg, Railryard Description Model Number Quanti SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1 B16HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-67 Community Warning System -Equipment List Facility: Siren S03 — Pittsburg, Dow Chemical Description . Model Number Quantity Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 Associated cables & conduit N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Last updated on March 6, 2001 Page-69 Community Warnina System -Eauioment List Facility: Siren T02 - Rodeo Fire Station Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1' Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Associated cables &Conduit N/A 1 Last updated on March 6, 2001 Page-71 (.�. t� y t ,` 1 �` _ 1 1 1 4 -_ 1 , � �,` ',\ i 1, `� ,,` :, ;� �, �� i ,, ,. ,, �, j .i :_` t �t l 1 ,� i 1 t 1 1 1 ii 3 1 i J (,.immunity Warning System -Eguipmt,vt List Facility: Siren T04 - Crockett - East Description Model Number Quanti SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1` Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 60' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-73 "� A Y �� 1 ,l 1 i t �, 1 i '� ,� '� . S �. �. ' 1 1 �� 1 �S\ , { .` �` 1 t� 1 i �.` ,� r' r ` J AGREEMENT BETWEEN CONTRA COSTA COUNTY AND HORMANN AMERICA, INC. FOR MAINTENANCE,WARRANTY UPKEEP AND RELATED SERVICES FOR THE COMMUNITY WARNING SYSTEM 1. Parties, Purpose. This agreement is by and between the County of Contra Costa, a political subdivision of the State of California("County"), and Hormann America,Inc., a California corporation("Hormann"), for Hormann's provision of all maintenance, warranty upkeep,training and operational support services necessary for the proper functioning of the County's Community Warning System. 2. Definitions. As used in this Agreement, the following terms have the following meanings: A. "Agreement"means this Agreement Between Contra Costa County and Hormann America, Inc. for Maintenance, Warranty Upkeep and Related Services for the Community Warning System. B. "Community Warning System" or"CWS"means the emergency alert and notification system donated or to be donated to County by the Contra Costa County CAER Group,Inc., as said system is modified from time to time. C. "County Official"means the County employee authorized to make administrative decisions on behalf of County under this Agreement. Initially, the County Official is: Randy Sawyer Accidental Release Prevention Engineer Hazardous Materials Programs Contra Costa County Health Services Department The County may designate a different County Official under this Agreement upon the provision of written notice to Hormann from the County Administrator. D. "Site Visit Report"means a written report that Hormann must prepare for all visits to CWS equipment locations. The Site Visit Report shall contain such detail as the County Official may require. 3. Term. The term of this Agreement shall be five years, commencing on the date of execution by both parties hereto. This Agreement shall be renewed automatically for one-year terms, for up to five.(5) additional terms (years),unless County gives Hormann written notice of non-renewal, at least sixty(60) days before the date of automatic renewal. 4. Warranty and Maintenance Service. Hormann warrants and represents that: it is a majority owned subsidiary of Hormann GMBH, whose proprietary software is used in the CWS, and that it has the expertise and skill to maintain the CWS in good working order. June 13,2001 AGREEMENT FOR MAINTENANCE,WARRANTY UPKEEP AND RELATED SERVICES FOR THE COMMUNITY WARNING SYSTEM Page 2 In consideration for the payment to be made to Hormann pursuant to Section 18, Payment, Hormann promises and agrees to maintain the CWS and all of its components in good working order, to at least industry standards, including,but not limited to,performing all maintenance required as a condition of any warranty for any CWS component. In so doing, Hormann shall at least follow and comply with the CWS manuals and current design documentation, except that if any CWS manual or documentation contains questionable or inadequate information, or is otherwise deficient in Hormann's judgment, Hormann shall bring the matter to the attention of the County Official in writing,within three days of discovery of the deficiency. Except as expressly provided in this Agreement, Hormann shall provide all labor, equipment and services necessary to meet its obligations under this Agreement. Hormann shall be responsible for the cost of providing and replacing all relays, fuses, bulbs, `proms, computer components,resistors, switches, capacitors,transistors, connectors, transformers, diodes, light flashers, counters, surge protectors, and cooling fans necessary to maintain the CWS as required in this Agreement, except that with respect to those parts shown on Attachment C, and any specialized part approved in writing by the County Official, Hormann's cost obligation shall be as provided in the following paragraphs. Hormann shall maintain an inventory of those spare parts in the minimum quantities shown in Attachment C, attached hereto and incorporated by this reference. If use of an item causes the inventory to fall below the minimum quantity shown in Attachment C, Hormann shall replace that item as soon as possible. Hormann shall increase minimum quantities to the inventory of spare parts, as necessary for Hormann to meet its obligations under this Agreement. The cost of those replacement parts shown on Attachment C and any external labor approved in writing by the County Official,to repair or replace said parts, shall be borne by Hormann up to an annual amount of$17,000.00. The costs to be assigned to the parts shall be as shown in Attachment C. If Hormann requires a specialized part not shown on Attachment C, the purchase price of said part shall be credited towards the annual 517,000.00 amount for which Hormann is responsible provided Hormann has obtained the prior written approval of the County Official before purchasing said part. Hormann represents that it does not anticipate having to purchase specialized parts(parts not shown on Attachment C). County shall reimburse Hormann for costs of Attachment C parts and County Official- approved external labor and specialized parts which exceed $17,000.00 per year. The Quarterly Report(Section 12) shall include a report on Attachment C and County Official-approved specialized parts used(replaced) and any external labor costs approved by the County Official. 5. Emergency Maintenance Response. Hormann shall respond to any telephone call or June 13,2001 _ AGREEMENT FOR MAINTENANCE, WARRANTY UPKEEP AND RELATED SERVICES FOR THE COMMUNITY WARNING SYSTEM Page 3 page from any County employee and/or Department designated to make such calls by the County Official, or any industry user regarding a failure or malfunction of the CWS, including any equipment or software failure, verbally and within four hours to acknowledge that it is aware of the failure or malfunction. Hormann shall have technical staff respond to the site of the failure or malfunction within four hours. If the failure or malfunction can be corrected by remote- programming changes,physical response is not required. Hormann shall use every reasonable effort to correct all malfunctions within twelve hours. 6. Non-Emergency Maintenance and Repair,Warranty, Training and Operational Support. Hormann shall provide non-emergency maintenance, repair, including equipment replacement service, training and operational support in accordance with the maintenance schedule attached hereto as Attachment A and incorporated herein by this reference. Hormann warrants that preventative maintenance of the CWS equipment pursuant to Attachment A complies with or exceeds all manufacturers' and other requirements for the proper maintenance of the CWS equipment and will satisfy the requirements of the CWS equipment manuals. 7. System Status Monitoring and Report Service Hotline. Hormann shall monitor the status of all of the CWS equipment as necessary to promptly detect operating problems/malfunctions of equipment. Hormann shall provide all equipment necessary for such monitoring, including,but not limited to, a monitoring terminal to be located at Hormann's office. On or before July 1, 2001, or one month after the effective date of this Agreement, whichever is later,Hormann shall upgrade the monitoring system to automatically page and call the technical "on-call" person responsible for emergency response. Hormann shall provide a 24-hours a day hot line service to directly receive repair requests from the users of the CWS. Hormann shall be responsible for keeping users of the CWS apprized of this hotline number. Hormann agrees that County shall have no obligation to receive repair/problem calls about the CWS, including calls about the use of the CWS. In addition to the verbal report for emergency calls provided pursuant to Section 5, detailed records of repair request and activity shall be provided to the County Official on a weekly basis together with copies of Site Visit Reports. 8. "On-Call" Employee. Hormann shall designate those employees-who shall be "on call" and responsible for responding to emergency or other urgent maintenance and repair requests. Hormann shall have an employee on call as necessary to fulfill its obligations under this Agreement. Hormann shall provide the on call employee's name, telephone contact number, and pager number to those employees designated by the County Official. Until such County employee designation, Hormann shall provide the above on call employee information to the County Official, Sheriff's Dispatch and the County Telecommunications Manager. Hormann shall provide the on-call employee information to authorized representatives (as June 13,2001 AGREEMENT FOR MAINTENANCE,WARRANTY UPKEEP AND RELATED SERVICES FOR THE COMMUNITY WARNING SYSTEM Page 4 determined by the owner and/or operator of the facility at which the equipment is located) of all locations where CWS equipment is physically located. 9. Routine Training and Operational Support. Hormann shall provide training as detailed in Attachment A, which Hormann represents is sufficient training in the use of the CWS. Hormann shall provide its own training facilities within Contra Costa County to enable training in a controlled, enclosed system to simulate a live activation process. Hormann shall maintain training records and submit quarterly reports to the County Official about training conducted during the quarter. Operational support, such as assistance in planning changes in system configuration, or sequences of operation, shall be provided as detailed in Attachment A. 10. Written Approval and Report of Changes to CWS. Hormann may relocate or modify an installation provided Hormann has obtained the prior written consent of the County Official. Hormann shall prepare and provide a written report to the County Official on any addition, modification, upgrade, etc., made to the CWS under this Agreement. The written report shall specify the initiator of the change, a copy of the written approval, details of the problem or need that the change solves, the manner in which the change solves the problem or need, and updated as-built documents to reflect the change. This written report shall be submitted within seven (7) business days of the addition, modification, upgrade, etc. or at such time as the County Official may require, and shall include such additional detail as the County Official may require. 11. Emergency/Special Response Site Visit Reports. Hormann shall provide a written report for each emergency/special response resulting in a site visit. The Site Visit Report shall cover details of the response including, who initiated the call and when, what problem was identified, who responded and when, what problem was found, what actions were taken, recommendations, if any, for future preventative maintenance, and any other additional details as the County Official may require. The Site Visit Report shall be submitted to the County Official within seven (7) business days of the initial site visit response, or at such other time as the County Official may require. 12. Preventative Maintenance Quarterly Reports. Hormann shall submit written reports to the County Official on a quarterly basis, which shall include a log of all preventative maintenance activity and procedures undertaken (individual Site Visit Reports shall be included for each site visit), updates on all records, as-built documents, and inventory records, in such detail as the County Official may require. Hormann shall submit a report to the County on or before each April 15, July 15, October 15, and January 15 for the calendar quarter immediately preceding said dates. Hormann shall submit the original and two copies of the quarterly report to the County Official. June 13,2001 AGREEMENT FOR MAINTENANCE,WARRANTY UPKEEP AND RELATED SERVICES FOR THE COMMUNITY WARNING SYSTEM Page 5 13. Unusual Equipment Damage or Equipment Replacement Requirements. Hormann shall correct by repair or replacement any installation that is destroyed or damaged. Hormann shall take immediate action, including initiating purchase orders, employing sub- contractors and installing new equipment, necessary to correct any problem created by the destroyed or damaged component, until said problems are corrected. There is no cost to the County within the ($17,000) parts and labor cost limit established in Section 4 of this Agreement. 14. Access to sites. County has entered agreements with those non-County entities on whose properties the equipment listed in Attachment A has been placed, as necessary to permit the placement of CWS equipment on said entities' properties, and to allow County employees and/or contractors to enter the properties to repair and maintain the CWS equipment. Hormann acknowledges that it has received copies of all such agreements. Hormann shall be responsible for contacting the owners, operators or the agents of the owners or operators, of the various properties, to develop protocols or other arrangements as necessary(e.g., obtain keys, permission letters, etc.)to secure Hormann employees' or agents' entry onto property when and as necessary for Hormann to meet its obligations under this Agreement. In the course of so doing, if Hormann finds an agreement that it or its employees or agents believe may be inadequate in any manner, Hormann shall bring such matter to the attention of the County Official in writing immediately and in writing within five days of discovery of the problem or inadequacy. 15. Certification and Specialized Access Training. Hormann, at its own cost and expense, shall be responsible for obtaining any and all certification, training, additional insurance, and meeting any other requirements for its employees and agents to be allowed access to the CWS equipment locations. Examples of such requirements include Bay Area Safety Training and specific site indoctrination training. 16. Year 2000 Compliance, Leap Years. Hormann warrants and represents to County that: A. The CWS is Year 2000 compliant, meaning that the CWS is designed to be used prior to, during, and after the calendar year 2000 AD; will at all times operate consistently, predictably and accurately, without interruption or manual intervention in all respects, including, without limitation, all specifications and/or functional and performance requirements, during each such time period, and transitions between them, in relation to dates it encounters or processes; B. All date recognition and processing by the CWS, including, but not limited to software, firmware, hardware, equipment, systems, etc. will correctly recognize and process the date of February 29, 2000, February 29, 2004, and so on, and any related data, during Leap Years; and June 13,2001 AGREEMENT FOR MAINTENANCE, WARRANTY UPKEEP AND RELATED SERVICES FOR THE COMMUNITY WARNING SYSTEM Page 6 C. All date sorting by the CWS, including, but not limited to, software, firmware, hardware, equipment, systems, etc. shall be done based on the four-digit-year format. 17. Security. Hormann agrees to comply with all provisions of the security document from Ajilon Corporation, dated July 20, 2000. Hormann shall maintain all system components in accordance with this document. Hormann shall not be responsible for site security, but shall inform the County Official of all security concerns in writing. 18. Payment. County shall pay Hormann for services performed hereunder, at the rates shown on Attachment B, attached hereto and incorporated herein by this reference during the term (five years) of this Agreement. Said rates include all overhead and incidental expenses, for which no additional compensation shall be allowed. If this Agreement is renewed for additional one year terms pursuant to Section 3,the rates shall be as shown on Attachment B. 19. Indemnification. Hormann shall defend, indemnify, save, and hold harmless the County and its officers and employees from any and all claims,costs and liability for any damages, sickness, death, or injury to person(s)or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of Hormann or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees. Hormann will reimburse the County for any expenditures, including reasonable attorneys' fees, the County may make by reason of the matters that are the subject of this indemnification, and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of Hormann. 20. Insurance. Hormann shall, at no cost to County, obtain and maintain during the term hereof: 1)Workers' Compensation Insurance pursuant to State law; and 2) Comprehensive Liability Insurance, including coverage for owned and non-owned vehicles, with a minimum combined single limit coverage of$1,000,000 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence. Hormann shall furnish evidence of such coverage, naming County, its officers and employees as additional insured, and requiring 30 days' written notice to the County for policy lapse or cancellation. 21. Status. Hormann is an independent contractor, and its employees shall not be considered employees of County. 22. Termination by County. At its sole option and discretion, County may terminate this Agreement at any time by providing 60 days advanced written notice to Hormann, whether or not Hormann is then in default. Upon such termination, Hormann shall, without delay, deliver to County all materials and records prepared or obtained in the performance of this Agreement, and shall be paid, all amounts due under the Agreement to the date of termination. 23. Breach,Disputes. In the event that Hormann fails to perform any of the services June 13,2001 AGREEMENT FOR MAINTENANCE,WARRANTY UPKEEP AND RELATED SERVICES FOR THE COMMUNITY WARNING SYSTEM Page 7 described in this Agreement or is otherwise in breach of this Agreement, County shall have the right to pursue all remedies available under the law, including equitable relief. 24. Compliance with Laws. In its performance of this Agreement, Hormann shall comply with all applicable laws, including statutes, ordinances, rules and regulations,whether federal, state or local in origin. As part of it's obligations under this Agreement, Hormann shall maintain all licenses and reports (documentation)required to be maintained under any and all such applicable laws. Hormann shall provide current copies of said licenses and reports to the County at all times. 25. Assignment and Subcontractors. Hormann shall not assign or transfer in whole or in part, any part of this Agreement without the prior and express written consent of the County, which consent shall not be unreasonably withheld. Hormann shall not enter into subcontracts for any work under this Agreement without the prior written consent of the County Official. 26. Patents and Copyrights. The issuance of a patent or copyright to Hormann shall not affect County's rights to the materials and records prepared or obtained in the performance of this Agreement. County reserves a license to use such materials and records without restriction or limitation, and County shall not be required to pay any additional fee or royalty for such materials or records. This license reserved by County shall continue for a period of fifty years from the date of execution of this Agreement,unless extended by operation of law or otherwise. 27. Heirs, Successors and Assigns. Notwithstanding the restriction against assignment and subcontracting in Section 25, above, this Agreement binds the heirs, successors, executors, personal representatives, subcontractors and assigns of the parties. 28. Governing Law,Jurisdiction. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. The venue of any legal action between the parties arising out of this Agreement shall be Contra Costa County, California, which courts shall have exclusive jurisdiction over such legal action. 29. No Third Party Beneficiaries. Notwithstanding mutual recognition that services provided under this Agreement may provide some aid to members of the County population, nothing in this Agreement, whether express or implied, is intended either by County or Hormann to confer any rights on any person or party other than the County and Hormann. The parties intend that there be no third party beneficiaries to this Agreement. 30. Notices. All notices (including requests, demands, approvals or other communications)under this Agreement shall be in writing. A. Notice shall be sufficiently given for all purposes as follows: (1) When delivered by first class mail,postage prepaid, notice shall be deemed delivered three(3)business days after deposit in the United States June 13,2001 ti 1 �, 1 �, �., l 1 , � ,`` 1 ' 1 1 ,, �r 1 �` 1 1 ;, 1 1 1 s 1 �, 1 �� '� i i ,} _ AGREEMENT FOR MAINTENANCE,WARRANTY UPKEEP AND RELATED SERVICES FOR THE COMMUNITY WARNING SYSTEM Page 8 Mail. (2) When mailed by certified mail with return receipt requested, notice is effective on receipt if delivery is confirmed by a return receipt. (3) When delivered by overnight delivery by a nationally recognized overnight courier, notice shall be deemed delivered one (1) business day after deposit with that courier. (4) When personally delivered to the recipient, notice shall be deemed delivered on the date personally delivered. B. When notice is required to be given to the County Official, in addition to the methods in subsection A., above, notice may be delivered by facsimile provided there is a receipt confirmation showing date and place of transmission and the telephone number to Which the transmission is made, and a hard copy of the transmission is mailed by first class mail, postage prepaid. The notice shall be deemed delivered upon deposit of the hard copy with the U.S. postal service. C. The place for delivery of all notices under this Agreement shall be as follows: County: With copy to: County Official County Administrator Hazardous Materials Programs 651 Pine St., 11' Floor Contra Costa Health Services Martinez, CA 94553 4333 Pacheco Blvd. Martinez, CA 94553 Hormann America, Inc.: Efraim Petel, President 815 Arnold Drive, Suite 9 Martinez, CA 94553 Phone: (925)228-2152 Fax: (925)228-2114 or to such other addresses as the parties may respectively designate by written notice to the other. 31. Construction. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. June 13,2001 AGREEMENT FOR MAINTENANCE, WARRANTY UPKEEP AND RELATED SERVICES FOR THE COMMUNITY WARNING SYSTEM Page 9 This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. 32. No Waiver by County. Any and all inspections or approvals, or statements by any officer, agent or employee of the County indicating that Hormann's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve Hormann's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Agreement. 33. Amendment. This Agreement may not be amended or altered except by a written instrument executed by County and Hormann. 34. Entire Agreement. This Agreement contains the entire agreement between the parties respecting the matters set forth, and expressly supersedes all previous or contemporaneous agreements, understandings, representations or statements between the parties respecting this matter. COUNTY OF CONTRA COSTA HORMANN AMERICA, INC. ,�j 4 14-4 � � By; i W By: 14�1-` Chair, Board o Supervisors Efraim Petel, President ATTEST: County Administrator and Clerk of the Board of Supervisors By: Karen G. Levy, EA X' sq., D' c r Date: � By: "7 Depu y Clerk [Aclrnowledgmentl ak H:\HALMA'R S1O&M\HAmaintfina1061301.wpd State Of California COul"Of C01a &co-su and swagrn tq ore me U& of PAMEtA K. NELSON Comm.ry 1273171 rn l • NOTARY PU811C•CALIFORN(A N Contra Coate County NOTARY PUBLIC MY Comm,Expires AuA.B,$004 '� June 13.2001 I I si 1 i E i �` .! (i I i� I I i .. ��-.'i`�`w jF` R� f�A it:'t'3 eS,.i.s A ,.h '�.,.� S.Fe.�i. .:*c`"..i� Qe`5'd�'dC'i d�:?i5 'i�!��.nQ7•,,,9 s '63L?i:-��.__.-;i::irEY:;Ei.9:;i�SY3�'.!^..''�n°'e7'Jr"G�!)d"�i;i,i:::.ld'�:�tivi:; 4 � . Contra Costa County Standard For-in(Rev. 1/95) APPROVAL c/ACxNOWI.FDGMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORTH APPROVED �0 COUNTY COUNSEL D_es Deputy APPROVED: COUNTY ADMINISTRATOR By: Designee t ACKNOWZEDGNIEN T STATE OF CALIFOR1NT A ) )ss. COUNT OF CONTRA COSTA) On , before me, l S (inse,t nani-e anc�t t of tie officer),personally appeared E �� fetor t�seaa�l�-kriowrrto-mc-(or proved to me on:the basis of satisfactory evidence)to be the person(s)whose name(s),Ware subscribed to th within instrtunent and acknowledged to me that�65heithey executed the same in WI /their authorized ca aci Ies and that b ib�f/their signature(s)on the instrument theperson(s),ore entity upon behalf p h'( ), y W which the person(s)acted,executed the instrument. PAMELA K. NELSON NWINI ESS MY HAND AND OFFICIAL SEAL. Comm.A 1273171 rn NOTARY PUBLIC-CALIFORNIA N Contra Costs County My Comm,Expires Aug.8,200 Signature ACKNOWLEDGM-ENT(b Corporation,Partnership,or Individual) (Civil Code §i 18 9) T9 39tid VOM31AV NNVWHOH VT1Z-8ZZ-5Z6 9Z:9T TOOZ/0E/99 ! _ . �! i r 1 i - . . , ' 1 ,. � - . . 4 ., ,t... ;, .,. .- ..��`�': ,hien'',, .. `�.c'!��� � � .. - t t t f} F Attachment A — Maintenance Schedule 1. Preventative/routine Maintenance: The various CWS sites will be maintained as follows: Siren SC-20 and Electronic Sirens (Battery operated) installation - Every four months. o Total of 31 sirens (enclosed Attachment A-1) Electronic Siren installation -Every 6 months. Total of 4 sirens (enclosed Attachment A-2) Siren SC-50 (AC operated) installation- Every 6 months. o Total of 9 sirens (enclosed Attachment A-3) CWS Terminal installation- Every 6 months o Total of 24 terminals(enclosed Attachment A-4) Communication node/digipeater installation -Every 6 months. o Total of 7 sites (enclosed Attachment A-5) 2. Routine Training and Operational Support: TRAINING—conduct refresher, train-the-trainer, and new user training for up to 50 hours per quarter. This would provide on average about two training sessions a year per facility. A complete system setup in a trailer, that would be transported to the various facilities to enable complete hands-on training, would be provided at Hormann America, Inc. cost. The training time is based on 18 organizations that require training(some have two or three terminals). A training session for 2-4 operators takes one hour for most of the trainees. One day per location will train all operators available at that time. As many locations work on shift schedule, additional day would be required to ensure Attachment A,page 1 of 9 that all operators are trained. To ensure that every operator is trained once a year, two days would be required per location. Considering 5-6 hours of net training a day(excluding the driving and set-up time), the overall number of training hours per year is: 18*5.5*2=198 is approximate as 200 hours a year, 50 per quarter. List of agencies requires training: 1 Sheriffs Dispatch 2 Antioch PD 3 CC Health Services 4 Pinole PD 5 Chevron 6 Richmond PD 7 Martinez PD 8 Dow 9 US Coast Guards 10 Rhodia 11 Equilon 12 Tosco 13 Ultramar 14 BAAQMD 15 San Ramon Fire 16 CCCOES 17 CCCFPD 18 CHP OPERATIONAL SUPPORT—providing consultancy services to system administrators for developing methods and means to adopt the system to the various specific needs, 3 hours a week—up to 150 hours per year,plus conducting all the weekly and monthly siren tests by Hormann America, Inc. personnel. Attachment A, page 2 of 9 Attachment A-1 List of SC-20 sirens S/N Call Sin Name Comments 1 R02 Richmond, School Warehouse 2 R05 Richmond, Southeast Police 3 R06 Richmond, Dornan Drive 4 R07 Richmond,Brickyard Cove 5 R08 Richmond, Wright Avenue 6 R09 Richmond, Regatta Boulevard 7 R10 Richmond, Sutter&Placer 8 R11 Richmond, Barrett& Dimm 9 R12 Richmond, McBryde/Lassen 10 R13 Richmond, 15` &Visalia 11 R14 San Pablo, Davis Park 12 R15 Richmond, Fairmead Park 13 R16 San Pablo, Broadway& 17 Street 14 R17 Richmond, San Pablo Ave &R. PKWY 15 R18 Richmond, Hilltop Drive& Park C. 16 R19 Richmond,Williams Drive &Moglot. 17 R20 Richmond, Paar Boulevard & 3`d St. 18 R21 Richmond,Wharf Street Attachment A,page 3 of 9 SIN Call Sin Name Comments 19 R22 Richmond, Harbor Way& Hall 20 T02 Rodeo, Fire Station 21 T03 Crockett West 22 T04 Crockett East 23 MOI Martinez, County Admin Bldg. 24 M15 Ultramar, Clyde 25 BO1 Bay Point,Riverview School 26 SOI Pittsburg, Railyard 27 S02 Pittsburg,Water Treatment Attachment A,page 4 of 9 Attachment A-2 List of Electronic(Existing) sirens S/N Call Sign Name Comments 1 S03 Pittsburg, Dow Chemical 2 P03 Antioch, PG&E Plant 3 PO4 Oakley, Big Break Marina 4 B02 Willow Pass Fire Station, Bay Point Attachment A,page 5 of 9 Attachment A-3 List of SC-50 sirens S/N Call Sin Name Comments 1 ROI Richmond,CRTC 2 R03 Richmond,Chevron Refinery 3 R04 Richmond,Hall of Justice 4 TO1 Rodeo,Tosco 5 M02 Martinez,Refining Company Sub 1 6 M03 Martinez,Vine Hill 7 M14 Ultramar,Golden Eagle Refinery 8 POI Antioch,Delta Diablo 9 P02 Antioch, Water Treatment Attachment A,page 6 of 9 Attachment A-4 List of CWS Terminals S/N Call Sign Name Comments 1 comml CCC Sheriff Dispatch 2 antpd Antioch PD 3 cchs CC Health Department 4 cccoes CCC Office of Emergency Services 5 cccfpd CCC Fire Protection District 6 pinpd Pinole PD 7 hsdmob CCC Health Services Mobile 8 chvfir Chevron Fire Dispatch 9 chvadm Chevron Admin Bldg. 10 rchmob Richmond PD Mobile 11 mrtzpd Martinez PD 12 richpd Richmond PD 13 dowchm Dow Chemical 14 uscg US Coast Guard, Alameda 15 rhodia Rhodia, Martinez 16 mresec Equilon Martinez Refining Company Security 17 mrceoc Equilon Martinez Refining Company, EOC 18 udseoc Ultramar, Golden Eagle Refinery EOC Attachment A,page 7 of 9 S/N Call Sign Name Comments 19 udssec Ultramar, Golden Eagle Refinery Security 20 tsradm Tosco Rodeo Admin Bldg. 21 tsreoc Tosco Rodeo EOC 22 baaqmd Bay Area Air Quality Measurement District, San Francisco 23 srfir San Ramon Fire Dispatch 24 MRTERM California Highway Patrol, Valejo 25 TSRMOB Tosco Rodeo Mobile 26 CCTV Contra Costa TV ENDEC installation Attachment A,page 8 of 9 Attachment A-5 List of Communication Nodes and Digipeaters S/N Call Sign Name Comments 1 kreg Kregor Peak 2 bald Bald Peak 3 cumm Cumming Highway Peak 4 highds Highland Peak 5 hihill Chevron High Hill 6 ppm Phone, Page &Media terminal 7 EDIS Interface EDIS Interface Terminal Attachment A,page 9 of 9 Attachment B — Cost Schedule The County will pay Hormann America, Inc. for the services rendered under this agreement the following: 1. One time set-up fee of$32,940.00 upon signing of the contract. 2. For the first five years,the annual amount of$411,486.00 to be paid as follows: a. $82,302.00 paid at the beginning of the maintenance year b. Twelve equal monthly payments of$27,432.00 at the beginning of each month. 3. For the sixth to tenth years (five years) the annual amount of $444,405.00 to be paid as follows: a. $88,881.00 paid at the beginning of the maintenance year b. Twelve equal monthly.payments of$29,627.00 at the beginning of each month. Attachment B, page 1 of 1 T' � r Attachment C - List of Spare Parts ITEM UNIT COST Qt LB Antenna(DB-205) $560.00 1 LB Antenna(ASP-636) $240.00 1 LB Maxtrac Radios $570.00 4 UHF Maxtrac Radio $540.00 1 PK-90 $780.00 4 UPS - 2000VA $1,750.00 1 UPS— 1250VA $1,200.00 1 UPS—600 $550.00 1 12 VDC Power Supply $530.00 2 Batteries (Siren) $110.00 6 CompuLert $2,250.00 2 Relay for SC-20 $27.00 2 Charger for SC-20 $170.00 3 Power Breaker for SC-50 $780.00 1 ENDEC $2,700.00 1 DTMF board for monitoring PC $210.00 1 Node Controller DTMF Box $375.00 1 Relay card $180.00 4 ST Node PC, fully configured(in trailer) $2,100.00 1 AC Node PC, fully configured(in trailer) $2,100.00 1 ST Computer&Monitor(in trailer) $2,250.00 1 Siren Activation Controller PC (in trailer) $1,800.00 1 Phone and Paging PC, fully configured(in $2,650.00 1 trailer) EEPROM for CompuLert $20.00 4 FSK Board for CompuLert $525.00 2 Attachment C,page 1 of 1 LICENSE AND OPERATION AND MAINTENANCE AGREEMENT (TOSCO REFINING COMPANY) Effective on the date signed by both parties hereto, this License and Operation and Maintenance Agreement ("Agreement") is entered into by and between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County"), and TOSCO REFINING COMPANY, a division of Tosco Corporation, a Nevada Corporation ("Licensor"). 1. DEFINITIONS. As used herein, the following terms have the following meanings. A. "Agreement" means this License and Operations and Maintenance Agreement. B. "CAER" means the Contra Costa County CAER Group, Inc., a California non-profit corporation. C. "Community Warning System" or"CWS" means the emergency alert and notification system donated by CAER to County, as said system is modified from time to time by the County. D. "CWS Manuals" means those instructional manuals provided by the manufacturer and/or vendor of the CWS, for the operation and maintenance of the CWS, and such other manuals provided for the operation and maintenance of the CWS following any repair, update, modification, or replacement of the CWS and its components. E. "Equipment" means the stationary terminal equipment, sirens, and other equipment and components that comprise the CWS. F. "Facility" means Licensor's facility in located at 1380 San Pablo Avenue in Rodeo, California. G. "Facility Equipment" means the components of the CWS to be located at the Facility pursuant to this Agreement, as said components may be added to, removed or modified by County from time to time. The current Facility Equipment is more particularly described in EXHIBIT A, attached hereto and incorporated herein by this reference. 2. COUNTY LICENSE. Pursuant to the terms set forth in this Agreement, Licensorhereby grants to County, a license to install, locate, inspect, repair and. maintain the Facility Equipment at the Facility, at the locations shown on the site plan attached hereto as EXHIBIT B and incorporated herein by this reference. Licensor License and Operations and Maintenance Agreement TOSCO REFINING COMPANY Page 2 further grants to County, its agents, employees, contractors and subcontractors, the right to enter the Facility for the purposes of inspecting, repairing, maintaining, replacing or removing the Facility Equipment, or for such other similar purposes associated with County's ownership of the Facility Equipment. 3. ENTRY. Entry onto the Facility by County, its agents, employees, contractors and subcontractors, shall be pursuant to and subject to the requirements of this section. Licensor may require that access to the Facility Equipment by County, its agents, employees, contractors and subcontractors be subject to reasonable safety procedures. Licensor may require County agents, employees, contractors and subcontractors to be accompanied by a representative of Licensor during regularly scheduled or routine inspection, maintenance, repair or replacement activity. Licensor may also require County agents, employees, contractors and subcontractors to be accompanied by a representative of Licensor during urgent or non-routine activity provided a representative of Licensor is immediately available to accompany said persons. At Licensor's request, County shall designate in writing, those persons authorized to enter the Facility on behalf of County. 4. LICENSOR RESPONSIBILITIES. A. Licensor shall operate the Facility Equipment in conformity with the Community Warning System Operation Protocols developed and amended from time to time by County, and the CWS Manuals. B. Licensor shall notify County in writing of any Facility Equipment requiring maintenance, repair or replacement; provided that in the event of an urgent requirement for maintenance, repair or replacement, Licensor's initial notice may be oral, followed by written notice within five (5) days of the oral notice. County shall provide the names, telephone and pager numbers of those persons authorized to receive oral notification from Licensor of an urgent maintenance, repair or replacement requirement. Licensor shall provide the names, telephone and pager numbers of those employees authorized to provide oral notification on behalf of Licensor of an urgent requirement for maintenance, repair or replacement of any Facility Equipment. C. Licensor shall provide for the safety and security of the Facility Equipment. D. Licensor shall be responsible for all normal day to day operating expenses of the Facility Equipment, such as the salaries of Licensor's employees and all utility expenses (including back-up power supplies). Licensor shall not be responsible for maintenance or repair costs, including the costs of replacement parts or equipment, or for extraordinary expenses, such as the costs of upgrading or replacing the Facility Equipment. Licensor shall be responsible for and pay for any and all damage to the Facility Equipment caused or contributed to in whole or in part by the negligence or willful misconduct of Licensor or Licensor's employees, agents, License and Operations and Maintenance Agreement TOSCO REFINING COMPANY Page 3 contractors or subcontractors. 6. MAINTENANCE. County intends to enter a contract for the maintenance of the Facility Equipment with Hormann America, Inc. 7. TAXES. It is not intended that Licensor incur any additional real or personal property taxes as a result of the location of the Facility Equipment at the Facility. County, acting in its capacity as owner of the CWS, will cooperate with Licensor to eliminate or minimize any such tax to the maximum extent permitted by law. 8. PERMITS. Other than FCC licensing requirements, the parties are not aware of any governmental permit or license required for the operation of the CWS, including the Facility Equipment. To the extent that any such permit or license is required, Licensor shall have no obligation to obtain or maintain such permit or license, but shall be obligated to advise County if it becomes aware of such requirement so that County may take action to secure any necessary permit or license. 9. TERM, TERMINATION. The term of this Agreement is one year. This Agreement shall be automatically renewed annually, on a year-to-year basis, unless terminated by either party at any time by providing thirty (30) days' written notice to the other. Notice shall be served personally or by certified mail, return receipt requested, addressed as follows, and shall be effective upon delivery at the indicated address: County: Licensor: County Administrator Plant Manager 651 Pine Street, 11"' Floor Tosco Refining Company Martinez, CA 94553 1380 San Pablo Ave. Rodeo, CA 94572 or to such other address as either party may from time to time specify in writing to the other party. 10. EQUIPMENT REMOVAL. Upon either party providing 30 days' written notice of termination, County shall, within thirty days of receipt of such notice from Licensor, or thirty days of providing such notice to Licensor, and at County's expense, remove or cause the removal of all Facility Equipment from the Facility. Licensor shall allow entry onto the Facility by County, its, agents, employees, contractors and subcontractors, as necessary for the removal of the Facility Equipment. 11. LIMITED RELEASE, INDEMNITY. Except to the extent caused by the negligence or willful misconduct of Licensor, in the event that a County employee, agent, contractor or subcontractor is injured or killed, or County property or the property of a County employee, agent, contractor or subcontractor is damaged while at the License and Operations and Maintenance Agreement TOSCO REFINING COMPANY Page 4 Facility in connection with inspecting, installing, maintaining, repairing, replacing or removing Facility Equipment, the County shall release Licensor and shall indemnify, defend and hold Licensor harmless from and against any and all liability to the County or to the County employee, agent, contractor or subcontractor, for such liability. County's agreement to release, indemnify, defend and hold Licensor harmless from liability to the County or a County employee, agent, contractor or subcontractor as set forth in this section shall not extend to the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the negligence or willful misconduct of Licensor, its agents or contractors. Licensor shall remain responsible for said damages, expenses and attorneys fees in an amount proportionate to Licensor's negligence or willful misconduct without contribution to that portion from the County. 12. LICENSOR'S CONTINUED RESPONSIBILITY FOR UNAUTHORIZED RELEASE. Licensor understands and agrees that nothing associated with this Agreement or the CWS, including, but not limited to, County's ownership, maintenance and/or operation of the CWS (such as malfunctions, however caused, of the CWS), or . County's approval of any plan which mentions or relies upon the CWS, shall relieve Licensor of any liability or responsibility related to or associated with any unauthorized release, including, but not limited to, any duty or obligation on the part of Licensor, under any law, to prevent, notify or mitigate the impacts of any unauthorized release. Licensor understands and agrees that County has accepted ownership of the CWS only to enhance its ability to provide notification of and to respond to an emergency, such as an unauthorized release, in its discretionary governmental capacity. County makes no promises or representations to Licensor or any other person regarding the operation or maintenance of the CWS in any manner or for any purpose, or the continued operation in any manner of the CWS. Licensor understands and agrees that County does not intend by this Agreement to in any way waive any of its statutory or other immunities; nor is County assuming any duties, responsibilities or liabilities of any nature. 13. REMEDY. Except as provided in Section 11, the sole remedy for any breach or default of this Agreement by either party shall be the termination of this Agreement in accordance with Section 9. With respect to Section 11, County and Licensor shall have the right to injunctive relief, damages or any other remedy allowed at law or equity. In no event will either party be liable for or entitled to damages, including, but not limited to, loss of revenues or profits, or any special, incidental or consequential damages, however caused, arising out of or resulting from this Agreement or any breach or default thereof. Except as provided in Section 11, neither party shall be entitled to any indemnity for any liability to third parties arising out of or resulting from this Agreement or any breach or default thereof. 14. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. O License and Operations and Maintenance Agreement TOSCO REFINING COMPANY Page 5 15. AMENDMENT. This Agreement shall not be changed, modified or amended except in a writing signed by both parties. 16. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the parties regarding the operation, maintenance and repair of the Licensor Facility Equipment and merges and supersedes all prior discussions, writings, agreements and understandings of the parties with respect to such matters. 17. NO RELIANCE ON PRIOR REPRESENTATION. Both parties agree that no person acting on behalf of the other(including, without limitation, any representative, employee or agent of CAER) has at any time been authorized to make any representation, promise or agreement of any kind or character regarding the Community Warning System and the Facility Equipment. If any such representation, promise or agreement was made by any person, in any capacity, neither party shall or is relying on such representation, promise or agreement, and expressly waives, releases and holds any such person harmless from any claim or liability due to such representation, promise or agreement. 18. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. The venue of any legal action between the parties arising out of this Agreement shall be Contra Costa County, California, which courts shall have exclusive jurisdiction over such legal action. 19. INVALID PROVISIONS. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 20. EMPLOYEES. Neither party's employees, subcontractors or agents shall be deemed to be the employees, subcontractors or agents of the other. 21. EMERGENCY. In the event of a natural disaster or accidental release at the Facility, Licensor shall endeavor to take such actions as are reasonably necessary or appropriate to minimize damage to the Facility Equipment. Licensor shall notify County as soon as practicable of its inability to protect the Facility Equipment and shall abide by the County's instructions regarding the Facility Equipment. 22. NO THIRD PARTY BENEFICIARIES. This Agreement is by and between Licensor and County only. It is not intended to and does not benefit or grant any rights to any other party. 23. SURVIVAL. The provisions of sections 10, 11, 12, 13, 14, 17, 18, 19,.22, 23 and 25 shall survive the termination of this Agreement. License and Operations and Maintenance Agreement TOSCO REFINING COMPANY Page 6 24. COUNTERPARTS. This Agreement may be executed in two counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 25. CONSTRUCTION. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates indicated below. TOSCO REFINING COMPANY, a CONTRA COSTA COUNTY, division of Tosco Corporation, a Nevada a political subdivision of the State of Corporation California � " Name: Vfitlie. LW C.Luaka, Boa Chair Title: &V.vttvv j ,vla�owc,�✓ Attest: Clerk of the Board of Supervisors By: Name: Title: By: eputy Clerk Date: [Acknowledgment] Date-/--e� H:\HAZMAnCW S\O&M\0301\tosco.wpd ,s Contra Costa County Standard Form(Rev. 1/95) APPROVALS/ACKNOWLEDGMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED r COUNTY COUNSEL By By 4� Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) )ss. COUNTY OF CONTRA COSTA) On 9 —q-01 ,before me,�--�+n i�k�lg c'��. nv�"' (insert game and title of the officer),personally appeared L iq. - v4 nso Vi — nall known :o me(or proved to me on the basis of satisfactory eviden to be the person(s)whose nam i are subscribed to th within instrument and ac ledged to me tha a he/they executed the same i is er/their authorized cap (- ), and that b his er/their signature s on the instrument the person r the entity upon behalf wh ch t erson(s)act ,ex ted the instrume SS MY HA OF EA c eal) a ACKNOWLEDGMENT(b Corporation,Partnership,or Individual) (Civil Code §1189) ° DANIELLA S.DAVIS (� COMM.#1221828 .`JP NOTARY PUBLIC-CALIFORNIA G) e - CONTRA COSTA COUNTY 0 COMM.EXP.JUNE 4,2003 n*may,#r•w r i. \� k{*M 1+"`„ Vi- Community Warning System -Equipment List Exhibit A Facility: CWS Terminal - Tosco Rodeo EOC (tsreoc) Including the Marine Terminal Description Model Number Quantity 12 VDC Power Supply Astron-RS-351313 1 14' Monitor CTX SVGA 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 600 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 2 LB Antenna Decibel-DB-205A 2 LB Lightning Arrester Pol haser-IS-B50LN-CO 1 CWS Terminal Computer Sa a-ACom 1 Mouse /Keyboard shelf MAP-N/A 1 Mouse Microsoft-Serial Mouse 1 Keyboard Various 1 Various Cables & Connectors N/A Lot CompuLert 960 (central & ASC 2 remote Push Button Box Custom 1 Last updated on March 6, 2001 Page 1 of 3 �. � �-. „1..'-.r••,' ;�:Vii.::': : i i� i' Community Warnina System - Equipment List Exhibit A Facility: CWS Terminal — Tosco Rodeo ADM (tsradm) Description Model Number Quantity 12 VDC Power Supply Astron-RS-35613 1 14' Monitor CTX SVGA 1 19" Short Steel Rack MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 600 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA -PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Pol haser-IS-B50LN-CO 1 CWS Terminal Computer Sa a-A Notebook 1 Mouse/Keyboard shelf MAP-N/A 1 Keyboard Various 1 Printer HP 1 Various Cables & Connectors N/A Lot Facility: Tosco Rodeo Terminal — Mobile (tsrmob) Description Model Number Quanti 37.12 MHz Maxtrac Motorola-D51 MJA97A3-K 1 ROCY Laptop Computer Rocky 1 LB Antenna TAB-1012 1 Packet Controller AEA-PK90 1 Radio/PK90/CR Shelf custom 1 Various Cables & Connectors N/A 1 Last updated on March 6, 2001 Page 2 of 3 ALMOST: .. ,Of.tax..,.. VT 0 :(' •� . • �1 � S i 1 Community Warning System -Equipment List Exhibit A Facility: Siren T01 — Tosco, Rodeo Description Model Number Quanti SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com ul-ert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A• 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Utility Pole Class 1, 50' 1 Mount Kit N/A 1 Associated cables & Conduit N/A 1 Maxtrac Radio Motorola 1 Last updated on March 6, 2001 Page 3 of 3 ... ... ,.. �. �'1 , .. 'L.. .. _..... ... ... .. � � .. .. �. ' .. .,.. .... r. .... .... ... .....�.. ..... ... ,. _ _ � ,.... ._.. .�. .. ...... .. .. .. :j� � �. .. . ... �I�N: .. .. �i_. _ .:... .............. ... .... �... '�' i' ./, ' .: � ...: � � ..: .. i .. :1�� - � .y... -: • •� 1 :w ,� o o a ci o. �xhib o�0 7 -� -0 o Z a VZ � N oto a- o _ o o a �� o �f 9 a N 0 o- o dN odd ` 3 O m71 a a 400o 0. 0 a' N O � O o U►.Or ca v N > OG V M po y N N Q ' .3 . , �►ale 1 of � � ' ` i...:. �.t � Exhibit B 21 MIE 0 E 0) O w: o a y N uM-, rn C. -0 co C) co E >'T '0 a 0 +�+ E cm ? � O) Q .C (D QCIO N 0 0 z 3 O c CSU OEY `�- -p ZV C4 a o U E C � (D — � > E cn w ca c (D o~m z° a '� E woo ° 3 Q c �' o� c ALO OVa a w O C O U -o N o x oY U E = ao� � 66 6) > W otso E U E o Q a 4 u Z o Q �. m 0 CJ � =Y a0 U IL D N O 6 N m r r 6 M 0 N d Q c6 c N ' C c a C r r N rn C J Q N N C M Y N O- � O w N ca L m ~ N t O E C �� O 00 O N 0 D)L ON Y Z L C CA? O cn EO T T X 6 O 0 CIL 0 > x `) O N c i WD (n Y U O U O O XL Y O N `'1 m O N N q X /. LL! O m OLD SCO OO +L "a N N U)M U to f9 Y z O a L it j( C 4 •4) U Q Q O C Q ca �1 1 ',' Vit! ���• '�•'.: 3 Q -0 CJ N OU) O CO U Q U N 20 C N Q 1)0) cuW _ L O C � t � � Y ami N N a a � Q ca . -,.... r U C C N O N W UJ O R' d �_ MUa f6 a N v N M N Y '— O t+ U U U y !A QO ` �0,, 7 - V'z:;,.:'..,f. .ki. Y=�;� -...- �'v •, N a c`uo MU � O 'O DOS C = yc Z2 0 � o [L U0 a HM a Q Page 2 of 3 l', � .�,' E�hlb� ` vol .- ` f � s ,t. C 0 c. G" (y t ���----��---.....117 ' F b Appendix A CWS Equipment located at the Tosco Rodeo - SFR Location: #1 Emergency Operations Center (EOC) • CWS Stationary Terminal • Printer • Level-3 Push Button Station Location: #2 Administration Building - Room 201A • CWS Stationary Terminal • Printer Location: #3 Incident Commander's Van -Truck 61 • CWS Terminal - Lap Top • Printer Location: #4 Marine Terminal Control Room • Level-3 Push Button Page 1 of 1 1 , LICENSE AGREEMENT (Mirant Delta, LLC and County) 1. PARTIES. Effective on the date signed by both parties hereto, this LICENSE AGREEMENT ("License") is entered into by and between Mirant Delta, LLC, a wholly owned subsidiary of Mirant Corporation, a Delaware corporation ("Licensor"), the owner of the real property located at 3201 Wilbur Avenue, Antioch, California (the "Property"), and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County"). 2. COMMUNITY WARNING SYSTEM EQUIPMENT. A. County intends to accept or has accepted as a donation from the Contra Costa CAER Group, Inc., a Community Warning System. The Community Warning System includes certain equipment (such as sirens) located at various sites. B. A portion of the equipment (the "Subject Equipment") is located on the Property. The Subject Equipment is identified on EXHIBIT "A" attached hereto and incorporated herein by this reference, and located in the area of the Property shown on EXHIBIT "B" attached hereto and incorporated herein by this reference. 3. LICENSE. Licensor hereby grants to County (including its agents, employees and contractors) a license and right to enter the Property, at County's discretion, for the purposes of installing, inspecting, maintaining, repairing, replacing and removing the Subject Equipment, including all necessary rights of access. 4. LIMITED RELEASE, INDEMNITY. Except to the extent caused by the negligence or willful misconduct of Licensor, if a County employee or agent is injured or killed, or County property or the property of a County employee or agent is damaged, while at the Property pursuant to the rights granted hereunder, County shall release Licensor, and shall indemnify, defend and hold Licensor harmless from and against any and all liability to County or to County's employee or agent for such injury, death or damage to County property or the property of a County employee or agent. County's agreement to release, indemnify, defend and hold Licensor harmless from liability to the County or a County employee or agent as set forth in this section shall not extend to the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the negligence or willful misconduct of Licensor, its agents or contractors. Licensor shall remain responsible for said damages, expenses and attorneys fees in an amount proportionate to Licensor's negligence or willful misconduct without contribution to that portion from the County. 5. TERM, TERMINATION. The term of this License shall be one year, commencing on the effective date. Thereafter, this License shall be automatically renewed annually, on a year-to-year basis. This License may be terminated at any time by either party upon thirty days' prior written notice to the other. LICENSE AGREEMENT Mirant Delta, LLC and County Page 2 6. NOTICE. Notice hereunder shall be served personally or by certified mail, return receipt requested, addressed as follows, and shall be effective upon delivery at the indicated address: Licensor: County: Mirant Delta, LLC County Administrator Environmental Health and Safety Department 651 Pine Street, 11"' Floor P.O. Box 192 Martinez, CA 94553 696 West 10"' Street Pittsburg, CA 94565 The above information may be changed by either party by providing thirty days notice to the other. 7. REMOVAL. County shall promptly remove the Subject Equipment upon termination of this License. If this License is terminated and County does not remove the Subject Equipment within ninety (90) days after the termination date set forth in the termination notice, Licensor shall have the right to use, abandon and/or dispose of the Subject Equipment without compensation to County. 8. ENTRY NOTICE. Except in an emergency, County shall provide Licensor at least 24-hours' advance notice, which may be by telephone, at the address and telephone number written above, before entering the Property. 9. UTILITIES. Licensor shall provide and pay for all utilities for the Subject Equipment. 10. NO THIRD PARTY BENEFICIARIES. It is mutually recognized that the Subject Equipment is intended to serve a public purpose; therefore, the County's population and other persons and entities, may incidentally benefit from this License . However, it is not the intention of either County or Licensor that such persons or entities occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this License . This License is by and between Licensor and County only, and is not intended to and does not benefit or grant any rights to any other person or entity. 11. REMEDY. Except as provided in Section 4 (Limited Release and Indemnity), the sole and exclusive remedy for any breach or default of this License by either party shall be the termination of this License in accordance with Section 5 (Term, Termination). Except as provided in Section 4 (Limited Release and Indemnity), under no circumstances is either party to receive or be subject to damages, including, but not limited to, special, incidental or consequential damages, or be entitled to or be subject LICENSE AGREEMENT Mirant Delta, LLC and County Page 3 to, any other remedy provided at law or equity for the breach, whether negligent or intentional, of this License . 12. SUCCESSORS AND ASSIGNS. This License shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. 13. AMENDMENT. This License may not be changed, modified or amended except in a writing signed by both parties. 14. LICENSOR'S CONTINUED RESPONSIBILITY FOR UNAUTHORIZED RELEASE. Licensor understands and agrees that nothing associated with this License or the CWS, including, but not limited to, County's ownership, maintenance and/or operation of the CWS (such as malfunctions, however caused, of the CWS), or County's approval of any plan which mentions or relies upon the CWS, shall relieve Licensor of any liability or responsibility related to or associated with any unauthorized release, including, but not limited to, any duty or obligation on the part of Licensor, under any law, to prevent, notify or mitigate the impacts of any unauthorized release. Licensor understands and agrees that County has accepted ownership of the CWS only to enhance its ability to provide notification of and to respond to an emergency, such as an unauthorized release, in its discretionary governmental capacity. County makes no promises or representations to Licensor or any other person regarding the operation or maintenance of the CWS in any manner or for any purpose, or the continued operation in any manner of the CWS. Licensor understands and agrees that County does not intend by this License to in any way waive any of its statutory or other immunities, nor is County assuming any duties, responsibilities or liabilities of any nature. 15. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the parties regarding the operation, maintenance and repair of the Subject Equipment and merges and supersedes all prior discussions, writings, agreements and understandings of the parties with respect to such matters. 16. NO RELIANCE ON PRIOR REPRESENTATION. Both parties agree that no person acting on behalf of the other (including, without limitation, any representative, employee or agent of CAER) has at any time been authorized to make any representation, promise or agreement of any kind or character regarding the Community Warning System and the Subject Equipment. If any such representation, promise or agreement was made by any person, in any capacity, neither party shall or is relying on such representation, promise or agreement, and expressly waives, releases and holds any such person harmless from any claim or liability due to such representation, promise or agreement. 17. GOVERNING LAW. This License shall be governed by, and construed and enforced in accordance with the laws of the State of California. The venue of any legal LICENSE AGREEMENT Mirant Delta, LLC and County Page 4 action between the parties arising out of this License shall be Contra Costa County, California, which courts shall have exclusive jurisdiction over such legal action. 18. INVALID PROVISIONS. The invalidity or unenforceability of any provision of this License shall not affect the other provisions hereof, and this License shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 19. EMPLOYEES. Neither party's employees, subcontractors or agents shall be deemed to be the employees, subcontractors or agents of the other. 20. SURVIVAL. The provisions of sections 4, 7, 11, 14, 15, 16, 17, 20 and 21 shall survive the termination of this License. 21. CONSTRUCTION. The section headings and captions of this License are, and the arrangement of this instrument is, for the sole convenience of the parties to this License. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this License. This License shall not be construed as if it had been prepared by-one of the parties, but rather as if both parties have prepared it. The parties to this License and their counsel have read and reviewed this License and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this License. IN WITNESS WHEREOF, the parties hereto have executed this License as of the date(s) indicated below. MIRANT DELTA, LLC COUNTY OF CONTRA COSTA By: 9 Bye �wne. ��a,-,t` f1• �o ✓ei a. Date: O 'cev— ✓ Attest: Clerk of the Board of Supervisors. Date: 1 Z By Deputy Acknowledgment required. H-.IHAZMATICW SVAGROTHI03011mirantwpd Contra Costa County Standard Form(Rev. 1/95) IF APPROVALS/ACKNOWLEDGMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED " CO TY COUNSEL ` c By �� B jaA Designee Depu APPROVED: COUNTY ADMINISTRATOR By: Designee ACKNOWLEDGMENT ..�. STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA) (� J O Aoc 0� ,before me,f-N" '( "j►� bLtC, (insert name and itle of the officer), personally appeared ersonally known to m PW to be the person j:w ose name su scribed to th within instrument and acknowledged to me that s1ty executed the same in t} ic authorized capacity(*, and that byd `l fAXT signature( n the instrument the person(', or the entity upon behalf which th person(M acted, executed the instrument. E M AND AND OFFICIAL SEAL. ComANN Ro8B1!+ate ® Not m'ssion# 1179660 t Co�1'Public-Cobtarn' S MYC h°Costa County is Signature ( omm• `reS�12 2002 ~ ACKNOWLEDGMENT(b Corporation, Partnership, or Individual) (Civil Code §1189) f1'Ls'S�;b Community Warning System -Equipment List Exhibit A Facility: Siren P03 —Antioch, PG&E Plant Description Model Number Quantity Federal Signal Siren Head FS-EOWS612 1 FS Controller w/cabinet 1 FS Siren Batteries w/cabinet 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 Associated cables & Conduit N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utili Pole Preexisting installation Last updated on March 6, 2001 Page 1 of 1 Exhibit A AV- « WILLUW A 4`"• • ( � m � i1� r�7f ^� VINF vAlrli •.MAI � � `'�� • M r n z 1 rn r iNrl11 1 K+h r'orrj� IO 1 V I j�U f c + --tiifS t LN m) i WI(;IATMAN LN Yr -- - — 1 AN J n UI FRVVY LN AV !b b -.A E P i t` � � FF RIS LLOYDS kARBpR AD i nz i E M LN 11 i NEPO Y DANINORtN CIMt 1�? n m I < ? ! IliiGii,EilF.nT1- ' �� -- --- 7" : trOCN BRE. qIf NI 't �+•n ,., • pi� �All � ' � n $ � r""'� � . 04 P -S= r _ LIVE )OAK 2 AV 4UnRTER n t� 1N Iir:n n� � � �+•' Yl i IIIA A R A ttt 1 ntrn KF AN LN 59 X rio `= 11 i J:z 'k a a r•• 1R AV i •1 N MA CMA$lr$ [ C tET 1 p _catl,a T�. s R Es wY 1:• ' J'.. MAP71 TE PMOI Y �• .Yr.^N; 1 ��j1,h 1. ��.�... �� r I'r., y• F •«trv._ ! W(lf)I) r[5L—Y^ • t.s Mt_nM-' DP W DAW N T D 1 A •OI LLy4'` •'� r rn AMA ! TA >d iq V( 1,f,S.tN MA MYW ( j Y y t d i IM f 713 N1 ZA'o[ -I'L!L NIM'[• py Gt[rCl rlG lrL� (SRC Y� 1I ! / �I "1�+ 3'•" AK! PI�Y�f,,..77�, o y TY 2N y�' gid lz2GCEZ P�SSFaiy= (.MIAn AV 4 L D t, -r O "' !• •'t1 �e ; 2S-•rrr[[!O(•. kIA WY {• r l z [� 1l'^S O 2 • ! ALG,DO 1;1 ART A W w .p ) AV HRRA I _, 1 o f Exhibit B - __--_ - _-_-_- FEDERAL WARNING SYSTEMS - - Electronic Outdoot;Warning Siren Extended electronic siren ING WAIL, PULSED WAIL, , coverage from a rotating STEADY (ALERT), PULSED uni-directional speaker STEADY, ALTERNATING array. . STEADY, and WESTMINSTER CHIME. Custom tones are op- Distinct signals cannot tional be confused with emergency vehicles A highly reliable freeze and rust i. resistant rotating mechanism is Digital Voice option used. The mechanism allows generates clear, highly smooth, continuous, stall-free :i intelligible audio rotation.The siren projects sound over a 3600 horizontal area for a I Dedicated landline, maximum coverage. The Home `'— manual control or Remote option permits transmis- optional radio remote sion of voice or warning signals in control any one of four directions (zones) 90° apart. Fully tested in an anechoic chamber OPTIONS r The Digital Voice option gener- Sectional rear panels for ates clear, highly intelligible audio easy servicing when playing a selected recorded message. Four (4) blank chips Pole mount standard are standard, with a maximum of t s' six (6) blank chip digital capacity. DESCRIPTION All messages are prerecorded on "1 The model EOWS*612 speaker a voice system which can be con- array combined with the model figured for single play or :r;a MC3012 control (purchased repeated play. 'l o separately) is capable of produc- ing high intensity warning signals The optional Radio Remote and voice communication over a Control is available in Two-Tone : `t large area. This uni-directional, Sequential, DTMF or FSK. This rotating array, of six horns with option is ideal where landlines are M twelve, 100 watt drivers is for use not available or are impractical. in situations where wide area coverage is critical. APPLICATIONS The model EOWS*612 speaker . n; r FEATURES array is intended for industrial and � The model EOWS*612 is capable municipal applications. Some of producing voice messages and other specific uses are employee seven standard tones which warning/alert, coded tone signal- include:WAIL(ATTACK),ALERT- ling,explicitvoice instruction, start/ � ;� ��a ...�� .�....�_..._� Page 2 of 3 Exhibit B ELECTRONIC OUTDOOR WARNING SIREN SPECIFICATIC— - - - EOWSx6l2 Model EOWS*61Z CRANE LIFT EYEBOLTS (2) Number of Speakers: 6 speakers, 12 drivers Speaker Type: Exponentially flared, re-entrant Dimensions (HWD): 81.5"x51.6"x32.8" Weight (approx. including SPEAKER CABLE .750 NOM. O.D. mounting hardware): 307 lbs (168 kg) TM CONDDUUITL9SCLPAMPS ) (CUSTOMER SUPPLIED) Output Rating @ 100ft.: 124CIB(c) INSTALL 5/8' LAG BOLTS Z SHIMS (CUSTOMER SUPPLIED) AS REQUIRED BETWEEN ANGLE LEGS 4 POLE. Effective Range @70 dB(c): 4800 ft. Signal Frequency: 300/1050 Hz Amplifier Power: 1200 watts (nominal) SPEAKER HOW TO ORDER: EIRE U" COPPER, CONNECT Siren EOWS'612 TO C(CUSTOMER SUPPLIED)NO ROD TY. 1 Control MC3012 RADIO ANTENNA (IF REO'D) REFER TO 1-1/4' CRANE LIFT HOLE OPTIONS: CONTRACT SPEC. (CONTROL UNIT 8 BATTERY BOX) Radio receiver/decoder: SIREN CONTROL Specify RF in megahertz Specify CTCSS in hertz(if applicable) BATTERY BOX Specify antenna and cable Specify Two-Tone Sequential, DTMF or FSK (CUSTOMECE RISUPPLIED ) Specify control tones (IF REOUIRED) Specify tone timing CONTROL UNIT GROUND WIRE (CUSTOMER SUPPLIED) Digital Voice CLASS ll UTILITY POLE Solar Power: (CUSTOMER SUPPLIED) Contact factory _ REFER TO CONTRACT SPECS. :I -GROUND ROD TO BE 8 FT. •4 COPPER WITH CLAMP (CUSTOMER SUPPLIED) GROUND LEVEL CONCRETE FOOTING OPTIONAL CONTRACT SPECIFICATIONS DETERMINE NOTE, DRAWING DEPICTS A TYPICAL INSTALLATION ALWAYS REFER TO LOCAL AND NATIONAL ELECTRICAL BUILDING CODES it BEFORE PROCEEDING WITH INSTALLATION. NOTES CERTAIN SOIL CONDITIONS MAY REQUIRE GUYING FOR THE POLE. — FEDERAL SIGNAL CORPORAT10R1 _ ____.•_.. .. _ _. _ _ _. Federal Warning Systems Page 3 of 3 2645 Federal Signal Drive, University Park, IL 60466-319 SGIeS 8001548-7229. Fav 7nA1r,1A_APrC f LICENSE AND OPERATION AND MAINTENANCE AGREEMENT (RHODIA INC.) Effective on the date signed by both parties hereto, this License and Operation and Maintenance Agreement ("Agreement") is entered into by and between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County"), and RHODIA INC., a Delaware Corporation ("Licensor"). 1. DEFINITIONS. As used herein, the following terms have the following meanings. A. "Agreement" means this License and Operations and Maintenance Agreement. B. "CAER" means the Contra Costa County CAER Group, Inc., a California non-profit corporation. C. "Community Warning System" or"CWS" means the emergency alert and notification system donated by CAER to County, as said system is modified from time to time by the County. D. "CWS Manuals" means those instructional manuals provided by the manufacturer and/or vendor of the CWS, for the operation and maintenance of the CWS, and such other manuals provided for the operation and maintenance of the CWS following any repair, update, modification, or replacement of the CWS and its , components. E. "Equipment" means the stationary terminal equipment, sirens, and other equipment and components that comprise the CWS. F. "Facility" means Licensor's facility at 100 Mococo Road, Martinez, California. G. "Facility Equipment" means the components of the CWS to be located at the Facility pursuant to this Agreement, as said components may be added to, removed or modified by County from time to time. The current Facility Equipment is more particularly described in EXHIBIT A, attached hereto and incorporated herein by this reference. 2. COUNTY LICENSE. Pursuant to the terms set forth in this Agreement, Licensor hereby grants to County, a license to install, locate, inspect, repair and maintain the Facility Equipment at the Facility, at the locations shown on the site plan attached hereto as EXHIBIT B and incorporated herein by this reference. Licensor further grants to County, its agents, employees, contractors and subcontractors, the License and Operations and Maintenance Agreement RHODIA INC. Page 2 right to enter the Facility for the purposes of inspecting, repairing, maintaining, replacing or removing the Facility Equipment, or for such other similar purposes associated with County's ownership of the Facility Equipment. 3. ENTRY. Entry onto the Facility by County, its agents, employees, contractors and subcontractors, shall be pursuant to and subject to the requirements of this section. Licensor may require that access to the Facility Equipment by County, its agents, employees, contractors and subcontractors be subject to reasonable safety procedures. Licensor may require County agents, employees, contractors and subcontractors to be accompanied by a representative of Licensor during regularly scheduled or routine inspection, maintenance, repair or replacement activity. Licensor may also require County agents, employees, contractors and subcontractors to be accompanied by a representative of Licensor during urgent or non-routine activity provided a representative of Licensor is immediately available to accompany said persons. At Licensor's request, County shall designate in writing, those persons authorized to enter the Facility on behalf of County. 4. LICENSOR RESPONSIBILITIES. A. Licensor shall operate the Facility Equipment in conformity with the Community Warning System Operation Protocols developed and amended from time to time by County, and the CWS Manuals. B. Licensor shall notify County in writing of any Facility Equipment requiring maintenance, repair or replacement; provided that in the event of an urgent requirement for maintenance, repair or replacement, Licensor's initial notice may be oral, followed by written notice within five (5) days of the oral notice. County shall provide the names, telephone and pager numbers of those persons authorized to receive oral notification from Licensor of an urgent maintenance, repair or replacement requirement. Licensor shall provide the names, telephone and pager numbers of those employees authorized to provide oral notification on behalf of Licensor of an urgent requirement for maintenance, repair or replacement of any Facility Equipment. C. Licensor shall provide for the safety and security of the Facility Equipment. D. Licensor shall be responsible for all normal day to day operating expenses of the Facility Equipment, such as the salaries of Licensor's employees and all utility expenses (including back-up power supplies). Licensor shall not be responsible for maintenance or repair costs, including the costs of replacement parts or equipment, or for extraordinary expenses, such as the costs of upgrading or replacing the Facility Equipment. Licensor shall be responsible for and pay for any and all damage to the Facility Equipment caused or contributed to in whole or in part by the negligence or willful misconduct of Licensor or Licensor's employees, agents, License and Operations and Maintenance Agreement RHODIA INC. Page 3 contractors or subcontractors. 6. MAINTENANCE. County intends to enter a contract for the maintenance of the Facility Equipment with Hormann America, Inc. 7. TAXES. It is not intended that Licensor incur any additional real or personal property taxes as a result of the location of the Facility Equipment at the Facility. County, acting in its capacity as owner of the CWS, will cooperate with Licensor to eliminate or minimize any such tax to the maximum extent permitted by law. 8. PERMITS. Other than FCC licensing requirements, the parties are not aware of any governmental permit or license required for the operation of the CWS, including the Facility Equipment. To the extent that any such permit or license is required, Licensor shall have no obligation to obtain or maintain such permit or license, but shall be obligated to advise County if it becomes aware of such requirement so that County may take action to secure any necessary permit or license. 9. TERM, TERMINATION. The term of this Agreement is one year. This Agreement shall be automatically renewed annually, on a year-to-year basis, unless terminated by either party at any time by providing thirty (30) days' written notice to the other. Notice shall be served personally or by certified mail, return receipt requested, addressed as follows, and shall be effective upon delivery at the indicated address: County: Licensor: County Administrator Plant Manager 651 Pine Street, 11' Floor Rhodia Inc. Martinez, CA 94553 100 Mococo Road Martinez, CA 94553 or to such other address as either party may from time to time specify in writing to the other party. 10. EQUIPMENT REMOVAL. Upon either party providing 30 days' written notice of termination, County shall, within thirty days of receipt of such notice from Licensor, or thirty days of providing such notice to Licensor, and at County's expense, remove or cause the removal of all Facility Equipment from the Facility. Licensor shall allow entry onto the Facility by County, its, agents, employees, contractors and subcontractors, as necessary for the removal of the Facility Equipment. 11. LIMITED RELEASE, INDEMNITY. Except to the extent caused by the negligence or willful misconduct of Licensor, in the event that a County employee, agent, contractor or subcontractor is injured or killed, or County property or the property of a County employee, agent, contractor or subcontractor is damaged while at the License and Operations and Maintenance Agreement RHODIA INC. Page 4 Facility in connection with inspecting, installing, maintaining, repairing, replacing or removing Facility Equipment, the County shall release Licensor and shall indemnify, defend and hold Licensor harmless from and against any and all liability to the County or to the County employee, agent, contractor or subcontractor, for such liability. County's agreement to release, indemnify, defend and hold Licensor harmless from liability to the County or a County employee, agent, contractor or subcontractor as set forth in this section shall not extend to the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the negligence or willful misconduct of Licensor, its agents or contractors. Licensor shall remain responsible for said damages, expenses and attorneys fees in an amount proportionate to Licensor's negligence or willful misconduct without contribution to that portion from the County. 12. LICENSOR'S CONTINUED RESPONSIBILITY FOR UNAUTHORIZED RELEASE. Licensor understands and agrees that nothing associated with this Agreement or the CWS, including, but not limited to, County's ownership, maintenance and/or operation of the CWS (such as malfunctions, however caused, of the CWS), or County's approval of any plan which mentions or relies upon the CWS, shall relieve Licensor of any liability or responsibility related to or associated with any unauthorized release, including, but not limited to, any duty or obligation on the part of Licensor, under any law, to prevent, notify or mitigate the impacts of any unauthorized release. Licensor understands and agrees that County has accepted ownership of the CWS only to enhance its ability to provide notification of and to respond to an emergency, such as an unauthorized release, in its discretionary governmental capacity. County makes no promises or representations to Licensor or any other person regarding the operation or maintenance of the CWS in any manner or for any purpose, or the continued operation in any manner of the CWS. Licensor understands and agrees that County does not intend by this Agreement to in any way waive any of its statutory or other immunities, nor is County assuming any duties, responsibilities or liabilities of any nature. 13. REMEDY. Except as provided in Section 11, the sole remedy for any breach or default of this Agreement by either party shall be the termination of this Agreement in accordance with Section 9. With respect to Section 11, County and Licensor shall have the right to injunctive relief, damages or any other remedy allowed at law or equity. In no event will either party be liable for or entitled to damages, including, but not limited to, loss of revenues or profits, or any special, incidental or consequential damages, however caused, arising out of or resulting from this Agreement or any breach or default thereof. Except as provided in Section 11, neither party shall be entitled to any indemnity for any liability to third parties arising out of or resulting from this Agreement or any breach or default thereof. 14. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. License and Operations and Maintenance Agreement RHODIA INC. Page 5 15. AMENDMENT. This Agreement shall not be changed, modified or amended except in a writing signed by both parties. 16. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the parties regarding the operation, maintenance and repair of the Licensor Facility Equipment and merges and supersedes all prior discussions, writings, agreements and understandings of the parties with respect to such matters.. 17. NO RELIANCE ON PRIOR REPRESENTATION. Both parties agree that no person acting on behalf of the other(including, without limitation, any representative, employee or agent of CAER) has at any time been authorized to make any representation, promise or agreement of any kind or character regarding the Community Warning System and the Facility Equipment. If any such representation, promise or agreement was made by any person, in any capacity, neither party shall or is relying on such representation, promise or agreement, and expressly waives, releases and holds any such person harmless from any claim or liability due to such representation, promise or agreement. 18. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. The venue of any legal action between the parties arising out.of this Agreement shall be Contra Costa County, California, which courts shall have exclusive jurisdiction over such legal action. 19. INVALID PROVISIONS. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 20. EMPLOYEES. Neither party's employees, subcontractors or agents shall be deemed to be the employees, subcontractors or agents of the other. 21. EMERGENCY. In the event of a natural disaster or accidental release at the Facility, Licensor shall endeavor to take such actions as are reasonably necessary or appropriate to minimize damage to the Facility Equipment. Licensor shall notify County as soon as practicable of its inability to protect the Facility Equipment and shall abide by the County's instructions regarding the Facility Equipment. 22. NO THIRD PARTY BENEFICIARIES. This Agreement is by and between Licensor and County only. It is not intended to and does not benefit or grant any rights to any other party. 23. SURVIVAL. The provisions of sections 10, 11, 12, 13, 14, 17, 18, 19, 22, 23 and 25 shall survive the termination of this Agreement. License and Operations and Maintenance Agreement RHODIA INC. Page 6 24. COUNTERPARTS. This Agreement may be executed in two counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 25. CONSTRUCTION. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates indicated below. RHODIA INC., a Delaware Corporation CONTRA COSTA COUNTY, a political subdivision of the State of �_� By: California 7�'2-0� Name: k 4PrU M T rc"c ko Title: a il'l a By Boar hair By: Name: Attest:Clerk of the Board of Supervisors Title: Date: 7-t2- -O / By: eputy Clerk [Acknowledgment] Date: ' a2y �44� HAHAZMAT\MM M\0301\rhodia2.wpd Contra Costa County Standard Form(Rev. 1/95) APPROVALS/ACKNOWLEDGMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED Xe., f� S'E...'"J COUNTY COUNSEL By�. /J By16 A Designee Depu APPROVED: COUNTY ADMINISTRATOR By: Designee ACKNOWLEDGMENT .� STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA) On J /off a00 before me P& GKN /U (insert name antle of theo icer,personally appeared personallyo n to me(or proved to me on the basis of satisfactory evident to be the person whose name Vare subscribed to th within mm s ruent an acknowledged to me tha a he/they executed the same i i er/their authorized capacity( and that by is er/their signatureQ0 on the instrument the person ,or the entity upon behalf which the person(A acted, executed the instrument. WITNES MY HAND OFFIC L SEAL. PATTI O'NEAL d ; COMM. 1239997 M NOTARYPUBLIC-CALIFORNIA U CONTRA COSTA.COUNTY (Seal) I MY Comm.Expires Nov.L5,20031 S ignatur ACKNOWLEDGMENT(b Corporation, Partnership,or Individual) (Civil Code §1189) kOIR+ ..,� ���.Y. Imo• License and Operations and Maintenance Agreement RHODIA INC. Page 7 EXHIBIT A List of Facility Equipment EXHIBIT B Site Plan Showing Current Location of Facility Equipment Community Warning System -Equipment List Exhibit A Facility: CWS Terminal — Rhodia, Martinez (rhodia) Description Model Number Quantity 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor CTX SVGA 2 600 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA -PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyp haser-IS-B50LN-CO 1 CWS Terminal Computer Sage-AComp 1 Keyboard Various 1 Short Haul Modem EAZY SHM-B 2WR-A 2 ME755A Printer HP 0 Strobe/Buzzer RS-Strobe 1 Various Cables & Connectors N/A Lot Push Butonn Box Custom 1 Short Haul Modem Black Box 1 pair A/B switch Various 1 Last updated on March 6, 2001 Page 1 of 1 qij ... ........ VETLANDSWETLOVS w mora '7 CANOUINa STiLiIS SIMI u a cvyrcla rm. �wanT�l � aar W Y�pll 11w P� 6N(OCE INl BENICA BRIDGE p 1 a'Is 't VIM N.Km } xcv F4 ,i OW LAwEWAY� I NC78Ewr C9www POST H 7 COVEHICLEW STACp6 ME AREA m I X SCALE W7E NOW .s 6 i ■ © ® ®rt f4�11 1�,1 � � ■�� .a.r r .. w■...ra;.�.:�vi r oir Coil 1' ��ft ^�� �'��{'�13'�`, ��_ ::11e-="' - --- •I� 1311 11 kon Sires, iz mm rn>•s!■s tin WINE tnnnr:m:r.ma;�� xygm.n. Eumn-ARst EMEN Ft'7 fII� � QR�f7 •^'`'��i � � Ltta'T7 i�� •'1: � .:n- a LTilf.^1 r•Ti ■CG7<.' W JEVW. -m ICF"W2llMn�:.�Wwll�.:,.1►�� ,Q•a.,,,*,� �� �[m'[.■ ICk�L•�'1 R'3aFiRu CtC�S.•'•7 ■6h��S11 •iCiLZC$��A�1rZ ��t•1!'+'d!11.7:7G3RlyYl EY3�_�'.)• � � iL■LI7 ' FGa�,��'•' N �. Y t Exhibit B E w oiv N � 1 s ' C d m 0 n v 3 a � 0 0 r C M n too ; a C N W CD 2nd Street .� O � m ti"{ A l� 171 n m a m 5. C7 m N tff Us N o G x 2 0 c o 3 y A' 3 o m o p '" b�Ys 1 rn 3rd Street 'A 4 0 9' I ID 3to cc 2 a Q- a? 0 m o o n, A p, t�3 " m 3 d a y Z o D o a m A a x a CD a m IV m /IOw O / o >, m a Q g z 4th Street m r m 9» < > s !vimc a IOD 'p W O m cnMR ow N oFE � a "mts y E 9 a , stn Streat n o C CO 7 5 N L CKATto,4 CL o ..i a 6th Street a°+ 0 3 a r- ��� j7 CL f � 0 fA \ s f Richmond Hwyd Stockton _ Page 2 of 3 > Exhibit B I= m«¥«£Of o ' CD meCD CD $ - ¥ . � 0 (A 0 . ��_-� (A � ] 03 (0 _� -99-6.. 9-6 t/\/ a Q0 Q- _ 0 - CD ƒ � _ \ \ \ _ =w' . 0 0/ FA CD \ /n ��k R a > o A2 7;o f 0 © § i f _ ] K k? c © § sa ■ � . o © @ O / 0 J 2 0 CD a C. , 0 S ƒ � q � e § % SHM R § 2 { ® & ' % . $ 3 v (D 0 \ SHM 7 C) k z CO cr> o / \ 0 s E \ mm! 22 2 \ 7 Q D 2 ƒ r ƒ a 0 2\ \ . a e \ ] o c o / ® ) 9 \ ^ \ �� \ : o & - n o I± -, � 0 2 < . / \ \ cn\ > 2 ƒ v : $ R. k\ \ \\2 § k 0 � ƒ $ 9a$ /$ A $ cn 2 7 / R(D c 3 7 $ % \CD q- E. k 0 CD(DI3 wcn ] } - ¥ @ . . _ Page 3 of 3 LICENSE AND OPERATION AND MAINTENANCE AGREEMENT (THE DOW CHEMICAL COMPANY) Effective on the date signed by both parties hereto, this License and Operation and Maintenance Agreement ("Agreement") is entered into by and between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County"), and THE DOW CHEMICAL COMPANY, a Delaware Corporation ("Licensor"). 1. DEFINITIONS. As used herein, the following terms have the following meanings. A. "Agreement" means this License and Operations and Maintenance Agreement. B. "CAER" means the Contra Costa County CAER Group, Inc., a , California non-profit corporation. C. "Community Warning System" or"CWS" means the emergency alert and notification system donated by CAER to County, as said system is modified from time to time by the County. D. "CWS Manuals" means those instructional manuals provided by the manufacturer and/or vendor of the CWS, for the operation and maintenance of the CWS, and such other manuals provided for the operation and maintenance of the CWS following any repair, update, modification, or replacement of the CWS and its components. E. "Equipment" means the stationary terminal equipment, sirens, and other equipment and components that comprise the CWS. F. "Facility" means Licensor's facility in the City of Pittsburg at the end of Loveridge Road (at River). G. "Facility Equipment" means the components of the CWS to be located at the Facility pursuant to this Agreement, as said components may be added to, removed or modified by County from time to time. The current Facility Equipment is more particularly described in EXHIBIT A, attached hereto and incorporated herein by this reference. 2. COUNTY LICENSE. Pursuant to the terms set forth in this Agreement, Licensor hereby grants to County, a license-to install, locate, inspect, repair and maintain the Facility Equipment at the Facility, at the locations shown on the site plan attached hereto as EXHIBIT B and incorporated herein by this reference. Licensor License and Operations and Maintenance Agreement THE DOW CHEMICAL COMPANY Page 2 further grants to County, its agents, employees, contractors and subcontractors, the right to enter the Facility for the purposes of inspecting, repairing, maintaining, replacing or removing the Facility Equipment, or for such other similar purposes associated with County's ownership of the Facility Equipment. 3. ENTRY. Entry onto the Facility by County, its agents, employees, contractors and subcontractors, shall be pursuant to and subject to the requirements of this section. Licensor may require that access to the Facility Equipment by County, its agents, employees, contractors and subcontractors be subject to reasonable safety procedures. Licensor may require County agents, employees, contractors and subcontractors to be accompanied by a representative of Licensor during regularly scheduled or routine inspection, maintenance, repair or replacement activity. Licensor may also require County agents, employees, contractors and subcontractors to be accompanied by a representative of Licensor during urgent or non-routine activity provided a representative of Licensor is immediately available to accompany said persons. At Licensor's request, County shall designate in writing, those persons authorized to enter the Facility on behalf of County. 4. LICENSOR RESPONSIBILITIES. A. Licensor shall operate the Facility Equipment in conformity with the Community Warning System Operation Protocols developed and amended from time to time by County, and the CWS Manuals. B. Licensor shall notify County in writing of any Facility Equipment requiring maintenance, repair or replacement; provided that in the event of an urgent requirement for maintenance, repair or replacement, Licensor's initial notice maybe oral, followed by written notice within five (5) days of the oral notice. County shall provide the names, telephone and pager numbers of those persons authorized to receive oral notification from Licensor of an urgent maintenance, repair or replacement requirement. Licensor shall provide the names, telephone and pager numbers of those employees authorized to provide.oral notification on behalf of Licensor of an urgent requirement for maintenance, repair or replacement of any Facility Equipment. C. Licensor shall provide for the safety and security of the Facility Equipment. D. Licensor shall be responsible for all normal day to day operating expenses of the Facility Equipment, such as the salaries of Licensor's employees and all utility expenses (including back-up power supplies). Licensor shall not be responsible for maintenance or repair costs, including the costs of replacement parts or equipment, or for extraordinary expenses, such as the costs of upgrading or replacing the Facility Equipment. Licensor shall be responsible for and pay for any and all damage to the Facility Equipment caused or contributed to in whole or in part by the negligence or willful misconduct of Licensor or Licensor's employees, agents, 'License and Operations and Maintenance Agreement THE DOW CHEMICAL COMPANY Page 3 contractors or subcontractors. 6. MAINTENANCE. County intends to enter a contract for the maintenance of the Facility Equipment with Hormann America, Inc. 7. TAXES. It is not intended that Licensor incur any additional real or personal property taxes as a result of the location of the Facility Equipment at the Facility. County, acting in its capacity as owner of the CWS, will cooperate with Licensor to eliminate or minimize any such tax to the maximum extent permitted by law. 8. PERMITS. Other than FCC licensing requirements, the parties are not aware of any governmental permit or license required for the operation of the CWS, including the Facility Equipment. To the extent that any such permit or license is required, Licensor shall have no obligation to obtain or maintain such permit or license, but shall be obligated to advise County if it becomes aware of such requirement so that County may take action to secure any necessary permit or license. 9. TERM, TERMINATION. The term of this Agreement is one year. This Agreement shall be automatically renewed annually, on a year-to-year basis, unless terminated by either party at any time by providing thirty (30) days' written notice to the other. Notice shall be served personally or by certified mail, return receipt requested, addressed as follows, and shall be effective upon delivery at the indicated address: County: Licensor: County Administrator Plant Manager 651 Pine Street, 11' Floor THE DOW CHEMICAL COMPANY Martinez, CA 94553 P.O. Box 1398 Pittsburg, CA 94565 or to such other address as either party may from time to time specify in writing to the- other party. 10. EQUIPMENT REMOVAL. Upon either party providing 30 days' written notice of termination, County shall, within thirty days of receipt of such notice from Licensor, or thirty days of providing such notice to Licensor, and at County's expense, remove or cause the removal of all Facility Equipment from the Facility. Licensor shall allow entry onto the Facility by County, its, agents, employees, contractors and subcontractors, as necessary for the removal of the Facility Equipment. 11. LIMITED RELEASE, INDEMNITY. Except to the extent caused by the negligence or willful misconduct of Licensor, in the event that a County employee, agent, contractor or subcontractor is injured or killed, or County property or the property of a County employee, agent, contractor or subcontractor is damaged while at the 'License and Operations and Maintenance Agreement THE DOW CHEMICAL COMPANY Page 4 Facility in connection with inspecting, installing, maintaining, repairing, replacing or removing Facility Equipment, the County shall release Licensor and shall indemnify, defend and hold Licensor harmless from and against any and all liability to the County or to the County employee, agent, contractor or subcontractor, for such liability. County's agreement to release, indemnify, defend and hold Licensor harmless from liability to the County or a County employee, agent, contractor or subcontractor as set forth in this section shall not extend to the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the negligence or willful misconduct of Licensor, its agents or contractors. Licensor shall remain responsible for said damages, expenses and attorneys fees in an amount proportionate to Licensor's negligence or willful misconduct without contribution to that portion from the County. 12. LICENSOR'S CONTINUED RESPONSIBILITY FOR UNAUTHORIZED RELEASE. Licensor understands and agrees that nothing associated with this Agreement or the CWS, including, but not limited to, County's ownership, maintenance and/or operation of the CWS (such as malfunctions, however caused, of the CWS), or County's approval of any plan which mentions or relies upon the CWS, shall relieve Licensor of any liability or responsibility related to or associated with any unauthorized release, including, but not limited to, any duty or obligation on the part of. Licensor, under any law, to prevent, notify or mitigate the impacts of any unauthorized release. Licensor understands and agrees that County has accepted ownership of the CWS only to enhance its ability to provide notification of and to respond to an emergency, such as an unauthorized release, in its discretionary governmental capacity. County makes no promises or representations to Licensor or any other person regarding the operation or maintenance of the CWS in any manner or for any purpose, or the continued operation in any manner of the CWS. Licensor understands and agrees that County does not intend by this Agreement to in any way waive any of its statutory or other immunities, nor is County assuming any duties, responsibilities or liabilities of any nature. 13. REMEDY. Except as provided in Section 11, the sole remedy for any breach or default of this Agreement by either party shall be the termination of this Agreement in accordance with Section 9. With respect to Section 11, County and Licensor shall have the right to injunctive relief, damages or any other remedy allowed at law or equity. In no event will either party be liable for or entitled to damages, including, but not limited to, loss of revenues or profits, or any special, incidental or consequential damages, however caused, arising out of or resulting from this Agreement or any breach or default thereof. Except as provided in Section 11, neither party shall be entitled to any indemnity for any liability to third parties arising out of or resulting from this Agreement or any breach or default thereof. 14. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. 'License and Operations and Maintenance Agreement THE DOW CHEMICAL COMPANY Page 5 15. AMENDMENT. This Agreement shall not be changed, modified or amended except in a writing signed by both parties. 16. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the parties regarding the operation, maintenance and repair of the Licensor Facility Equipment and merges and supersedes all prior discussions, writings, agreements and understandings of the parties with respect to such matters. 17. NO RELIANCE ON PRIOR REPRESENTATION. Both parties agree that no person acting on behalf of the other(including, without limitation, any representative, employee or agent of CAER) has at any time been authorized to make any representation, promise or agreement of any kind or character regarding the Community Warning System and the Facility Equipment. If any such representation, promise or agreement was made by any person, in any capacity, neither party shall or is relying on such representation, promise or agreement, and expressly waives, releases and holds any such person harmless from any claim or liability due to such representation, promise or agreement. 18. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. The venue of any legal action between the parties arising out of this Agreement shall be Contra Costa County, California, which courts shall have exclusive jurisdiction over such legal action. 19. INVALID PROVISIONS. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 20. EMPLOYEES. Neither party's employees, subcontractors or agents shall be deemed to be the employees, subcontractors or agents of the other. 21. EMERGENCY. In the event of a natural disaster or accidental release at the Facility, Licensor shall endeavor to take such actions as are reasonably necessary or appropriate to minimize damage to the Facility Equipment. Licensor shall notify County as soon as practicable of its inability to protect the Facility Equipment and shall abide by the County's instructions regarding the Facility Equipment. 22. NO THIRD PARTY BENEFICIARIES. This Agreement is by and between Licensor and County only. It is not intended to and does not benefit or grant any rights to any other party. 23. SURVIVAL. The provisions of sections 10, 11, 12, 13, 14, 1.7, 18, 19, 22, 23 and 25 shall survive the termination of this Agreement. 'License and Operations and Maintenance Agreement THE DOW CHEMICAL COMPANY Page 6 24. COUNTERPARTS. This Agreement may be executed in two counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 25. CONSTRUCTION. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates indicated below. THE DOW CHEMICAL COMPANY, a CONTRA COSTA COUNTY, Delaware Corporation a political subdivision of the State of yy� o California By: Name: VSoh A tVl . S aVVso'A B �� Title: 5 i{-e Lecid,e,2 Boa Chair By: Attest: Clerk of the Board of Supervisors Name: Title: By: Date: July 12, 2001 eputy Clerk [Acknowledgment] Date: g � � HAHAZMATICWS1O M103011dow.wpd Contra Costa County Standard Form (Rev. 1/95) APPROVALS/ACKNOWLEDGMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED ,,/���L S'e.•-•sof COUNTY COUSEL By� ./J-�-�— By Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: Designee ACKNOWLEDGMENT .... STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA) On July 12, 2001 , before me, Phylliss A. Rosas, Notary Public (insert name and title of the officer),personally appeared ---------------------------------- -----------------John M. Sampson----------------------------------------------- ---------------------------------------------------------personally known to me(or proved to me on the basis of satisfactory evidence)to be the personO whose name(g) is/afe subscribed to th within instrument and acknowledged to me that hefsi�e{ ®y executed the same in his/kerAkeir authorized capac1 ty0eg),and that by his/herAhia •signature(, on the instrument the erson , or the entity upon behalf which the person(4)acted, executed the instrument. PHrtuss . Roses Commission k 1302015 WITNESS MY HAND AND OFFICIAL SEAL. Z Noiory Public-Cafitomia Contra Costa county ,Q My Comm.Expies May 9.2M5 ' Signatufe ACKNOWLEDGMENT(b Corporation,Partnership,or Individual) (Civil Code §1189) License'and'Operations and Maintenance Agreement THE DOW CHEMICAL COMPANY Page 7 EXHIBIT A List of Facility Equipment EXHIBIT B Site Plan Showing Current Location of Facility Equipment Community Warning System -Equipment List: Exhibit A Facility: CWS Terminal — Dow Chemical (dowchm) Description Model Number Quantity 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor CTX SVGA 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 600 VA UPS APC-Smart UPS-600VA 1 1250 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Liqhtning Arrester Pol haser-IS-B50LN-CO 1 CWS Terminal Computer Sage-AComp 1 CWS Terminal Console Sa a-ACON 1 M, K bd, Mouse Receiver EASY-AC233A 0 M, K bd, Mouse Xmitter Easy AC231A 0 Mouse Microsoft-Serial Mouse 1 Keyboard NA 1 Strobe/Buzzer RS-Strobe 1 ' Various Cables & Connectors NIA Lot Last updated on March 6, 2001 i Page 1 of 2 ' Community Warning System -Equipment List Exhibit A Facility: Siren S03 — Pittsburg, Dow Chemical Description Model Number QuLnfity Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 Associated cables & conduit N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Last updated on March 6, 2001 Page 2 of 2 Exhibit B M E V E rn - - -- - -- --- _ - -- = O) m a � rn a� LO crn HC)) N N O - C -a onj N U O0 N E U (U L 3 Z E Q Um E LU w O O ao � p: o ami U 2 pU as °' Q) E a a U z° o Q ....................................................................... IL L CL > E N a o V u a o L WOO U 0 CV T .V o CL a •r' W N JJo+,� N rr 1 Y Q 1 ............................................ �......... .............................................................. Page 1 of 1 LICENSE AND OPERATION AND MAINTENANCE AGREEMENT (Martinez Refining Company) Effective on the date signed by both parties hereto, this License and Operation and Maintenance Agreement ("Agreement") is entered into by and between the COUNTY OF CONTRA COSTA, a political subdivision of the State of Californja ("County"), and MARTINEZ REFINING COMPANY, a division of Equilon Enterprises LLC, a Delaware limited liability company("Licensor"). 1. DEFINITIONS. As used herein, the following terms have the following meanings. A. "Agreement" means this License and Operations and Maintenance Agreement. B. "CAER" means the Contra Costa County CAER Group, Inc., a California non-profit corporation. C. "Community Warning System" or"CWS" means the emergency alert and notification system donated by CAER to County, as said system is modified from time to time by the County. D. "CWS Manuals" means those instructional manuals provided by the manufacturer and/or vendor of the CWS, for the operation and maintenance of the CWS, and such other manuals provided for the operation and maintenance of the CWS following any repair, update, modification, or replacement of the CWS and its components. E. "Equipment" means the stationary terminal equipment, sirens, and other equipment and components that comprise the CWS. F. "Facility" means Licensor's facilities in Martinez, California, located at 3485 Pacheco Boulevard, and on top of Vine Hill. G. "Facility Equipment" means the components of the CWS to be located at the Facility pursuant to this Agreement, as said components may be added to, removed or modified by County from time to time. The current Facility Equipment is more particularly described in EXHIBIT A, attached hereto and incorporated herein by this reference. 2. COUNTY LICENSE. Pursuant to the terms set forth in this Agreement, Licensor hereby grants to County, a license to install, locate, inspect, repair and maintain the Facility Equipment at the Facility, at the locations shown on the site plan attached hereto as EXHIBIT B and incorporated herein by this reference. Licensor License and Operations and Maintenance Agreement Martinez Refining Company . Page 2 further grants to County, its agents, employees, contractors and subcontractors, the right to enter the Facility for the purposes of inspecting, repairing, maintaining, replacing or removing the Facility Equipment, or for such other similar purposes associated with County's ownership of the Facility Equipment. 3. ENTRY. Entry onto the Facility by County, its agents, employees, contractors and subcontractors, shall be pursuant to and subject to the requirements of this section. Licensor may require that access to the Facility Equipment by County, its agents, employees, contractors and subcontractors be subject to reasonable safety procedures. Licensor may require County agents, employees, contractors and subcontractors to be accompanied by a representative of Licensor during regularly scheduled or routine inspection, maintenance, repair or replacement activity. Licensor may also require County agents, employees, contractors and subcontractors to be accompanied by a representative of Licensor during urgent or non-routine activity provided a representative of Licensor is immediately available to accompany said persons. At Licensor's request, County shall designate in writing, those persons authorized to enter the Facility on behalf of County. 4. LICENSOR RESPONSIBILITIES. A. Licensor shall operate the Facility Equipment in conformity with the Community Warning System Operation Protocols developed and amended from time to time by County, and the CWS Manuals. B. Licensor shall notify County in writing of any Facility Equipment requiring maintenance, repair or replacement; provided that in the event of an urgent requirement for maintenance, repair or replacement, Licensor's initial notice may be oral, followed by written notice within five (5) days of the oral notice. County shall provide the names, telephone and pager numbers of those persons authorized to receive oral notification from Licensor of an urgent maintenance, repair or replacement requirement. Licensor shall provide the names, telephone and pager numbers of those employees authorized to provide oral notification on behalf of Licensor of an urgent requirement for maintenance, repair or replacement of any Facility Equipment. C. Licensor shall provide for the safety and security of the Facility Equipment. D. Licensor shall be responsible for all normal day to day operating expenses of the Facility Equipment, such as the salaries of Licensor's employees and all utility expenses (including back-up power supplies). Licensor shall not be responsible for maintenance or repair costs, including the costs of replacement parts or equipment, or for extraordinary expenses, such as the costs of upgrading or replacing the Facility Equipment. Licensor shall be responsible for and pay for any and all damage to the Facility Equipment caused or contributed to in whole or in part by the negligence or willful misconduct of Licensor or Licensor's employees, agents, License and Operations and Maintenance Agreement Martinez Refining Company Page 3 contractors or subcontractors. 6. MAINTENANCE. County intends to enter a contract for the maintenance of the Facility Equipment with Hormann America, Inc. 7. TAXES. It is not intended that Licensor incur any additional real or personal property taxes as a result of the location of the Facility Equipment at the Facility. County, acting in its capacity as owner of the CWS, will cooperate with Licensor to eliminate or minimize any such tax to the maximum extent permitted by law. 8. PERMITS. Other than FCC licensing requirements, the parties are not aware of any governmental permit or license required for the operation of the CWS, including the Facility Equipment. To the extent that any such permit or license is required, Licensor shall have no obligation to obtain or maintain such permit or license, but shall be obligated to advise County if it becomes aware of such requirement so that County may take action to secure any necessary permit or license. 9. TERM, TERMINATION. The term of this Agreement is one year. This Agreement shall be automatically renewed annually, on a year-to-year basis, unless terminated by either party at any time by providing thirty (30) days' written notice to the other. Notice shall be served personally or by certified mail, return receipt requested, addressed as follows, and shall be effective upon delivery at the indicated address: County: Licensor: County Administrator President 651 Pine Street, 11"' Floor Equilon MRC Martinez, CA 94553 3485 Pacheso Blvd. Martinez, CA 94553 or to such other address as either party may from time to time specify in writing to the other party. 10. EQUIPMENT REMOVAL. Upon either party providing 30 days' written notice of termination, County shall, within thirty days of receipt of such notice from Licensor, or thirty days of providing such notice to Licensor, and at County's expense, remove or cause the removal of all Facility Equipment from the Facility. Licensor shall allow entry onto the Facility by County, its, agents, employees, contractors and subcontractors, as necessary for the removal of the Facility Equipment. 11. LIMITED RELEASE, INDEMNITY. Except to the extent caused by the negligence or willful misconduct of Licensor, in the event that a County employee, agent, contractor or subcontractor is injured or killed, or County property or the property of a County employee, agent, contractor or subcontractor is damaged while at the License and Operations and Maintenance Agreement Martinez Refining Company Page 4 Facility in connection with inspecting, installing, maintaining, repairing, replacing or removing Facility Equipment, the County shall release Licensor and shall indemnify, defend and hold Licensor harmless from and against any and all liability to the County or to the County employee, agent, contractor or subcontractor, for such liability. County's agreement to release, indemnify, defend and hold Licensor harmless from liability to the County or a County employee, agent, contractor or subcontractor as set forth in this section shall not extend to the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the negligence or willful misconduct of Licensor, its agents or contractors. Licensor shall remain responsible for said damages, expenses and attorneys fees in an amount proportionate to Licensor's negligence or willful misconduct without contribution to that portion from the County. 12. LICENSOR'S CONTINUED RESPONSIBILITY FOR UNAUTHORIZED RELEASE. Licensor understands and agrees that nothing associated with this Agreement or the CWS, including, but not limited to, County's ownership, maintenance and/or operation of the CWS (such as malfunctions, however caused, of the CWS), or County's approval of any plan which mentions or relies upon the CWS, shall relieve Licensor of any liability or responsibility related to or associated with any unauthorized release, including, but not limited to, any duty or obligation on the part of Licensor, under any law, to prevent, notify or mitigate the impacts of any unauthorized release. Licensor understands and agrees that County has accepted ownership of the CWS only to enhance its ability to provide notification of and to respond to an emergency, such as an unauthorized release, in its discretionary governmental capacity. County makes no promises or representations to Licensor or any other person regarding the operation or maintenance of the CWS in any manner or for any purpose, or the continued operation in any manner of the CWS. Licensor understands and agrees that County does not intend by this Agreement to in any way waive any of its statutory or other immunities, nor is County assuming any duties, responsibilities or liabilities of any nature. County understands and agrees that Licensor does not intend by entering this Agreement, to waive its immunity as a CWS donor organization under Government Code section 8655.5. 13. REMEDY. Except as provided in Section 11, the sole remedy for any breach or default of this Agreement by either party shall be the termination of this Agreement in accordance with Section 9. With respect to Section 11, County and Licensor shall have the right to injunctive relief, damages or any other remedy allowed at law or equity. In no event will either party be liable for or entitled to damages, including, but not limited to, loss of revenues or profits, or any special, incidental or consequential damages, however caused, arising out of or resulting from this Agreement or any breach or default thereof. Except as provided in Section 11, neither party shall be entitled to any indemnity for any liability to third parties arising out of or resulting from this Agreement or any breach or default thereof. License and Operations and Maintenance Agreement Martinez Refining Company Page 5 14. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. 15. AMENDMENT. This Agreement shall not be changed, modified or amended except in a writing signed by both parties. 16. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the parties regarding the operation, maintenance and repair of the Licensor Facility Equipment and merges and supersedes all prior discussions, writings, agreements and understandings of the parties with respect to such matters. 17. NO RELIANCE ON PRIOR REPRESENTATION. Both parties agree that no person acting on behalf of the other (including, without limitation, any representative, employee or agent of CAER) has at any time been authorized to make any representation, promise or agreement of any kind or character regarding the Community Warning System and the Facility Equipment. If any such representation, promise or agreement was made by any person, in any capacity, neither party shall or is relying on such representation, promise or agreement, and expressly waives, releases and holds any such person harmless from any claim or liability due to such representation, promise or agreement. 18. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. The venue of any legal action between the parties arising out of this Agreement shall be Contra Costa County, California, which courts shall have exclusive jurisdiction over such legal action. 19. INVALID PROVISIONS. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 20. EMPLOYEES. Neither party's employees, subcontractors or agents shall be deemed to be the employees, subcontractors or agents of the other. 21. EMERGENCY. In the event of a natural disaster or accidental release at the Facility, Licensor shall endeavor to take such actions as are reasonably necessary or appropriate to minimize damage to the Facility Equipment. Licensor shall notify County as soon as practicable of its inability to protect the Facility Equipment and shall abide by the County's instructions regarding the Facility Equipment. 22. NO THIRD PARTY BENEFICIARIES. This Agreement is by and between Licensor and County only. It is not intended to and does not benefit or grant any rights to any other party. License and Operations and Maintenance Agreement Martinez Refining Company Page 6 23. SURVIVAL. The provisions of sections 10, 11, 12, 13, 14,17, 18, 19, 22, 23 and 25 shall survive the termination of this Agreement. 24. COUNTERPARTS. This Agreement may be executed in two counterparts, each.of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 25. CONSTRUCTION. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates indicated below. MARTINEZ REFINING COMPANY, a CONTRA COSTA COUNTY, division of Equilon Enterprises LLC, a a political subdivision of the State of Delaware limited liability company California Name: CA, F Aa Boar hair Title: Pr Attest: Clerk of the Board of Supervisors By: Name: Title: Bj- 7 ` lerk Date: 7-- lo._v/ Date. 4 ;9y ,qa/ [Acknowledgment] H:\HAZMA-RCW S\O&M\0301\equilon2.wpd Contra Costa County Standard Form(Rev. 1/95) APPROVALS/ACKNOWLEDGMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED CO1A4TY COUNSEL ` By Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) )ss. COUNTY OF CONTRA COSTA) On ✓u 4 y fie, "0/ , before me, ✓of/N.Sa i✓, /✓OTn 4y (insert name and title of the officer),personally appeared Cz-.}a,or /, FLRG U personally known to me-(or to be the person whose name aresubscribed to th within instrument and acknowledged to me that hem executed the same in his authorized capacityE.iesy, and that by his h their signature4s—on the instrument the person(.s , or the entity upon behalf which the person(aracted, executed the instrument. % _ - MARIAN K.JOHNSON WITNESS MY HAND AND OFFICIAL SEAL. Commission 4 1158012-Notary Public-California. ; �,� � Y. Contra Costa County My Comm.FiresOct6W (Seal) Signature ACKNOWLEDGMENT(by Corporation,Partnership,or Individual) (Civil Code §1189) RIM, License and Operations and Maintenance Agreement Martinez Refining Company Page 7 EXHIBIT A List of Facility Equipment EXHIBIT B Site Plan Showing Current Location of Facility Equipment Community Warning System -Equipment List Exhibit A Facility: CWS Terminal — MRC / Equilon —Security (mresec) Description Model Number Quanfity 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor CTX SVGA 1 1250 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Pol haser-IS-B50LN-CO 1 Pentium Computer Sage-AComp 1 Mouse Decca-Mouse 1 Keyboard Various 1 Printer HP 1 Strobe/Buzzer RS-Strobe 1 Various Cables & Connectors N/A Lot Push Button Box Custom 1 Facility: CWS Terminal — MRC / Equilon — EOC (mrceoc) Description Model Number Quanti 37.12 MHz Maxtrac Motorola-D51 MJA97A3-K 1 Custom Computer General Technic 1 LB Antenna Decibell DB-205A 1 Lightning Arrestor Pol haser-IS-B50LN-CO 1 Packet Controller AEA-PK90 1 Radio/PK90/CR Shelf Howell-custom 1 Various Cables &Connectors N/A LOT Short Rack Elma 38-01525-01 1 UPS APC 600 1 Last updated on March 6, 2001 Page 1 of 3 Community Warnina System -Eauiament List Exhibit A Facility: Siren M02 — Martinez, Refining Company Sub 1 Description Model Number Quanti SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Mount Kit N/A 1 Utility Pole Class 1, 50' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page 2 of 3 Exhibit A Community Warning System -Equipment List i i Facility: Siren M03 — Martinez, Vine Hill Description Model Number Quanti SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Mount Kit N/A 1 Utility Pole Class 1, 50' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page 3 of 3 Exhibit B \ N , I 1 z I O -j1 01 O 3.I iw �/� / a v/ i s / I ~ Z I W w �� N a. Xo , J I h \ 2— W Z / oN o N a W 0 0„ 04 OW O0 tHWv CL Fa (= ? U\ }9 l=Z ac7 O li I 040 Q MOF W �� /�syyrr f li v~i I '0 /� v cco V (D z I IL y Q Q I W W ILLU -- 61 In Rr OO CON q,;• 1 C >� Of m � J v cm E C) r o ' tJ E 61 •�j• �\�. bpO I S \ Z a.V 061 .fi O p y J' Q!- W $ 3 t C _E (f ua Z Z5 Z D 3 ~(3,W�1R[ cc o VJ `Q r JLL y M r 61 •,bs a a W� m �z 3 l Page 1 of 3 Exhibit B ME m E U O -- -- - ----- — •L N u U 04 O 75.0 C4 C v � a Cm 0 CuC N C: a o Y Qc p ai E C6 � .� C L _ LLI V = CC) }W U C 6 �. U E U C E m E 3 nO U z o Q rnE Urn (6 N O •` N w ,2 E L O 0) D Q N Q 0 U L WDO C a O a M,,y _ q a - A r W27-7- xi g. LL ,y:.CL OI �11�.= ).._� _ ; s�r�.iy,yE:. ;;,••w;:,;;(.:eel�: 1 ,^' i Page 2 of 3 ,. ..,, - .. {.; .�Y,r ,,SY .- :.`,.. Exhibit B ME Urn M C rn _ -- - -- I# �n rn � U-) - rn C U m O Cn Q t0 Q Q1 c N C N — N N � o 3 v 0 •` O N ; t1 � � _N O mo. v E � �� o O �, E O ` m (} Q C �ym Z a c0 in ,RE vii � � E � � o3a (D w 3 p 'E p ao 2 U 2 cn o aSUE 2 � as c > o U E a o � �N Z o Q L � U � rn CL = E °- o U) V o 0 } 00 o� C m L O Y G! Y O� v� � = Y 0oa a CL OL 2 > � O N m V J ev o c� o _ m � rn c C c C t N of C J RIF Q : r, a S-L;r° t (, . � sia. �e nr��� @ifs �. •:r -;7-n- ,-,.a. Page 3 of 3 �'4.t . _ ;..r . i z • � LICENSE AND OPERATION AND MAINTENANCE AGREEMENT (CHEVRON PRODUCTS COMPANY) Effective on the date signed by both parties hereto, this License and Operation and Maintenance Agreement ("Agreement") is entered into by and between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County"), and CHEVRON PRODUCTS COMPANY, a division of Chevron USA Inc., a Pennsylvania Corporation ("Licensor"). 1. DEFINITIONS. As used herein, the following terms have the following meanings. A. "Agreement" means this License and Operations and Maintenance Agreement. B. "CAER" means the Contra Costa County CAER Group, Inc., a California non-profit corporation. C. "Community Warning System" or "CWS" means the emergency alert and notification system donated by CAER to County, as said system is modified from time to time by the County. D. "CWS Manuals" means those instructional manuals provided by the manufacturer and/or vendor of the CWS, for the operation and maintenance of the CWS, and such other manuals provided for the operation and maintenance of the CWS following any repair, update, modification, or replacement of the CWS and its components. E. "Equipment" means the stationary terminal equipment,_ sirens, and other equipment and components that comprise the CWS. F. "Facility" means Licensor's facilities located at the following addresses in Richmond, California: 841 Chevron Way Chevron Research &Technology 100 Chevron Way Chevron Refinery, Corner of Castro and Hensley Streets G. "Facility Equipment" means the components of the CWS to be located at the Facility pursuant to this Agreement, as said components may be added to, removed or modified by County from time to time. The current Facility Equipment is more particularly described in EXHIBIT A, attached hereto and incorporated herein by this reference. 2. COUNTY LICENSE. Pursuant to the terms set forth in this Agreement, License and Operations and Maintenance Agreement Chevron Products Company Page 2 Licensor hereby grants to County, a license to install, locate, inspect, repair and maintain the Facility Equipment at the Facility, at the locations shown on the site plan attached hereto as EXHIBIT B and incorporated herein by this reference. Licensor further grants to County, its agents, employees, contractors and subcontractors, the right to enter the Facility for the purposes of inspecting, repairing, maintaining, replacing or removing the Facility Equipment, or for such other similar purposes associated with County's ownership of the Facility Equipment. 3. ENTRY. Entry onto the Facility by County, its agents, employees, contractors and subcontractors, shall be pursuant to and subject to the requirements of this section. Licensor may require that access to the Facility Equipment by County, its agents, employees, contractors and subcontractors be subject to reasonable safety procedures. Licensor may require County agents, employees, contractors and subcontractors to be accompanied by a representative of Licensor during regularly scheduled or routine inspection, maintenance, repair or replacement activity. Licensor may also require County agents, employees, contractors and subcontractors to be accompanied by a representative of Licensor during urgent or non-routine activity provided a representative of Licensor is immediately available to accompany said persons. At Licensor's request, County shall designate in writing, those persons authorized to enter the Facility on behalf of County. 4. LICENSOR RESPONSIBILITIES. A. Licensor shall operate the Facility Equipment in conformity with the Community Warning System Operation Protocols developed and amended from time to time by County, and the CWS Manuals. B. Licensor shall notify County in writing of any Facility Equipment requiring maintenance, repair or replacement; provided that in the'event of an urgent requirement for maintenance, repair or replacement, Licensor's initial notice may be oral, followed by written notice within five (5) days of the oral notice. County shall provide the names, telephone and pager numbers of those persons authorized to receive oral notification from Licensor of an urgent maintenance, repair or replacement requirement. Licensor shall provide the names, telephone and pager numbers of those employees authorized to provide oral notification on behalf of Licensor of an urgent requirement for maintenance, repair or replacement of any Facility Equipment. C. Licensor shall provide for the safety and security of the Facility Equipment. D. Licensor shall be responsible for all normal day to day operating expenses of the Facility Equipment, such as the salaries of Licensor's employees and all utility expenses (including back-up power supplies). Licensor shall not be responsible for maintenance or repair costs, including the costs of replacement parts or License and Operations and Maintenance Agreement Chevron Products Company Page 3 equipment, or for extraordinary expenses, such as the costs of upgrading or replacing . the Facility Equipment. Licensor shall be responsible for and pay for any and all damage to the Facility Equipment caused or contributed to in whole or in part by the negligence or willful misconduct of Licensor or Licensor's employees, agents, contractors or subcontractors. 6. MAINTENANCE. County intends to enter a contract for the maintenance of the Facility Equipment with Hormann America, Inc. 7. TAXES. It is not intended that Licensor incur any additional real or personal property taxes as a result of the location of the Facility Equipment at the Facility. County, acting in its capacity as owner of the CWS, will cooperate with Licensor to eliminate or minimize any such tax to the maximum extent permitted by law. 8. PERMITS. Other than FCC licensing requirements, the parties are not aware of any governmental permit or license required for the operation of the CWS, including the Facility Equipment. To the extent that any such permit or license is required, Licensor shall have no obligation to obtain or maintain such permit or license, but shall be obligated to advise County if it becomes aware of such requirement so that County may take action to secure any necessary permit or license. 9. TERM, TERMINATION. The term of this Agreement is one year. This Agreement shall be automatically renewed annually, on a year-to-year basis, unless terminated by either party at any time by providing thirty (30) days' written notice to the other. Notice shall be served personally or by certified mail, return receipt requested, addressed as follows, and shall be effective upon delivery at the indicated address: County: Licensor: County Administrator Refinery General Manager 651 Pine Street, 11 m Floor Chevron Products Company Martinez, CA 94553 841 Chevron Way Richmond, CA 94802 or to such other address as either party may from time to time specify in writing to the other party. 10. EQUIPMENT REMOVAL. Upon either party providing 30 days' written notice of termination, County shall, within thirty days of receipt of such notice from Licensor, or thirty days of providing such notice to Licensor, and at County's expense, remove or cause the removal of all Facility Equipment from the Facility. Licensor shall allow entry onto the Facility by County, its, agents, employees, contractors and subcontractors, as necessary for the removal of the Facility Equipment. License and Operations and Maintenance Agreement Chevron Products Company Page 4 11. LIMITED RELEASE, INDEMNITY. Except to the extent caused by the negligence or willful misconduct of Licensor, in the event that a County employee, agent, contractor or subcontractor is injured or killed, or County property or the property of a County employee, agent, contractor or subcontractor is damaged while at the Facility in connection with inspecting, installing, maintaining, repairing, replacing or removing Facility Equipment, the County shall release Licensor and shall indemnify, defend and hold Licensor harmless from and against any and all liability to the County or to the County employee, agent, contractor or subcontractor, for such liability. County's agreement to release, indemnify, defend and hold Licensor harmless from liability to the County or a County employee, agent, contractor or subcontractor as set forth in this section shall not extend to the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the negligence or willful misconduct of Licensor, its agents or contractors. Licensor shall remain responsible for said damages, expenses and attorneys fees in an amount proportionate to Licensor's negligence or willful misconduct without contribution to that portion from the County. 12. LICENSOR'S CONTINUED RESPONSIBILITY FOR UNAUTHORIZED RELEASE. Licensor understands and agrees that nothing associated with this Agreement or the CWS, including, but not limited to, County's ownership, maintenance and/or operation of the CWS (such as malfunctions, however caused, of the CWS), or County's approval of any plan which mentions or relies upon the CWS, shall relieve Licensor of any liability or responsibility related to or associated with any unauthorized release, including, but not limited to, any duty or obligation on the part of Licensor, under any law, to prevent, notify or mitigate the impacts of any unauthorized release. Licensor understands and agrees that County has accepted ownership of the CWS only to enhance its ability to provide notification of and to respond to an emergency, such as an unauthorized release, in its discretionary governmental capacity. County makes no promises or representations to Licensor or any other person regarding the operation or maintenance of the CWS in any manner or for any purpose, or the continued operation in any manner of the CWS. Licensor understands and agrees that County does not intend by this Agreement to in any way waive any of its statutory or other immunities, nor is County assuming any duties, responsibilities or liabilities of any nature. 13. REMEDY. Except as provided in Section 11, the sole remedy for any breach or default of this Agreement by either party shall be the termination of this Agreement in accordance with Section 9. With respect to Section 11, County and Licensor shall have the right to injunctive relief, damages or any other remedy allowed at law or equity. In no event will either party be liable for or entitled to damages, including, but not limited to, loss of revenues or profits, or any special, incidental or consequential damages, however caused, arising out of or resulting from this Agreement or any breach or default thereof. Except as provided in Section 11, neither party shall be entitled to any indemnity for'any liability to third parties arising out of or resulting from this Agreement or any breach or default thereof. License and Operations and Maintenance Agreement Chevron Products Company Page 5 14. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. 15. AMENDMENT. This Agreement shall not be changed, modified or amended except in a writing signed by both parties. 16. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the parties regarding the operation, maintenance and repair of the Licensor Facility Equipment and merges and supersedes all prior discussions, writings, agreements and understandings of the parties with respect to such matters. 17. NO RELIANCE ON PRIOR REPRESENTATION. Both parties agree that no person acting on behalf of the other (including, without limitation, any representative, employee or agent of CAER) has at any time been authorized to make any representation, promise or agreement of any kind or character regarding the Community Warning System and the Facility Equipment. If any such representation, promise or agreement was made by any person, in any capacity, neither party shall or is relying on such representation, promise or agreement, and expressly waives, releases and holds any such person harmless from any claim or liability due to such representation, promise or agreement. 18. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. The venue of any legal action between the parties arising out of this Agreement shall be Contra Costa County, California, which courts shall have exclusive jurisdiction over such legal action. 19. INVALID PROVISIONS. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 20. EMPLOYEES. Neither party's employees, subcontractors or agents shall be deemed to be the employees, subcontractors or agents of the other. 21. EMERGENCY. In the event of a natural disaster or accidental release at the Facility, Licensor shall endeavor to take such actions as are reasonably necessary or appropriate to minimize damage to the Facility Equipment. Licensor shall notify County as soon as practicable of its inability to protect the Facility Equipment and shall abide by the County's instructions.regarding the Facility Equipment. 22. NO THIRD PARTY BENEFICIARIES. This Agreement is by and between Licensor and County only. It is not intended to and does not benefit or grant any rights to any other party. License and Operations and Maintenance Agreement Chevron Products Company Page 6 23. SURVIVAL. The provisions of sections 10, 11, 12, 13, 14, 17, 18, 19, 22, 23 and 25 shall survive the termination of this Agreement. 24. COUNTERPARTS. This Agreement may be executed in two counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 25. CONSTRUCTION. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates indicated below. CHEVRON PRODUCTS COMPANY, a CONTRA COSTA COUNTY, division of Chevron USA Inc., a a political subdivision of the State of Pennsylvania Corporation California By: Z By: - Name: 4RPr- .�oc,)wep-' Board 0hair Title: A5s era PAK-"&C Attest: Clerk of the Board of Supervisors By: Name: Title: By: \ Date: "7 f(o/D 1 eputy Clerk Date: [Acknowledgment] H:\HAZMAnCW S\O&M\0301\chevron.wpd 1 \� .. 1 1 Contra Costa County Standard Form(Rev. 1/95) APPROVALS/ACKNOWLEDGMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL Y By � By Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA) 1 On I (DO ,before me, (insert name and title of the officer),personally appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose nam" is/ae6subscribed to th within instrument and acknowledged to me that he/sh6/thy executed the same in his/her/tk4air authorized capacity(jesr,and that by hist/teir signature(*on the instrument the persons) or the entity upon behalf which the person(s)4itted,executed the instrument. PAINCIA J.OCEGURA WITNESS MY HAND OFFICIAL SEAL. f 128MM nia camon Caftcar County *CartM80W0ct & Sighature ACKNOWL GMENT(b Corporation, Partnership,or Individual) (Civil Code §1189) �'c � � t-� ':f.' �Yy ,.,.. �,t Imo'!"�i.i�.dl���':�`: ,��:: �'; .' License and Operations and Maintenance Agreement Chevron Products Company Page 7 EXHIBIT A List of Facility Equipment EXHIBIT B Site Plan Showing Current Location of Facility Equipment ' Community Warning System - Equipment List Exhibit A Facility: CWS Terminal - Chevron Admin Building (chvadm) Description Model Number Quantity 12 VDC Power Supply Astron-RS-351313 1 14' Monitor IBM SVGA 1 19" Steel Rack/fan/thereto MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 600 VA UPS APC-Smart UPS-600VA 1 1250 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA -PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyphaser-IS-13501-N- 1 CO CWS Terminal Computer Sa a-Acom 1 CWS Terminal Console Sa a-ACON 1 M, Kybd, Mouse Receiver EASY-AC233A 1 M, K bd, Mouse Xmitter Easy -AC231 A 1 Mouse/Keyboard shelf MAP-N/A 1 Mouse Microsoft-Serial Mouse 1 Keyboard Various 1 Printer HP 1 Push Button Box Custom 1 Various Cables & Connectors N/A Lot Last updated on March 6, 2001 Page 1 of 4 al, / �t 42 r _ _ 1 1 Community Warning System -Equipment List Exhibit A Facility: CWS Terminal - Chevron Fire Dispatch (chvfir) Description Model Number Quantity 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor CTX SVGA 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 1250 VA UPS APC-Smart UPS-1200VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyphaser-IS-650LN- 1 CO CWS Terminal Computer Sa a-ACom 1 Mouse/ Keyboard shelf MAP-N/A 1 Mouse Microsoft-Serial Mouse 1 Keyboard Various 1 Push Button Box Custom 1 Strobe/Buzzer RS-Strobe NIA Various Cables & Connectors NIA Lot Last updated on March 6, 2001 Page 2 of 4 .r. ....'.57. ., ., .,. ... �. .. ..... ... ..... .. ..f.. .,-. ,,,.r .`�:`'._ .. .. ,. ... Iry I r , , • r • I ' I 1 Community Warning System - Equipment List Exhibit A Facility: Siren R01 — Richmond, CRTC Description Model Number Quantity SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount NIA 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Mount Kit N/A 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page 3 of 4 i '1 •1 f Community Warnina System -Equipment List Exhibit A Facility: Siren R03 — Richmond, Chevron Refinery Descri tion Model Number Quantity SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Mount Kit N/A 1 Utility Pole Class 1, 50' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page 4 of 4 i ,. . , , .. ., .. - r ..,... ..� ..... .. .. i ..... .. ' .. - � � '� it .- `_. ..... ._ __._.. ...... _ _.. .... . .... ..... . . .. .. _.. .. . :... .ti" _ ' , ... .i: ._ ,it•..�...., ,. .. .. J. i J .�....... ... _ .. .. .... .... � ..._ r... ... . . ----- Exhibit B E � m � � ° 0 � E LO � a < rn U D N c � Q Y a 4 U c U ' 00 > a, a o N ° o a v E d E i m z a- ca c � Q � �a w O j p ,n `- cQ c 4 a a -o U U E _ � 2 � a � as CD > x o °' E °' v U ° ° m m U U z p Q a a :............. ........T ........................... � ■ Y ■ ° Uj ; = Q L1. 'V Ile E Cn or � N U t1 E 70 L woo ° as ' i U) " U Cl N O - : 7 L ° ' ^/ Cl) ■ caLL v/ v a 0 (n — _ Ea, 0UU a U .� _ w : f!J ulcol CL a`) " N 0 • � Nm � •� :C M _ fl. - o Cr : :Uj •..•..... ..•..r■■. G...■•...•■..■...■.....■..........■ ............................. c C c L J Page 1 of 3 Exhibit B ON �* ` U) Q D1 N U •i :20V0 > m a o E d �? � � Nm Z a EC Q ,� `La N E W O 'E OLO � pN a -a U U 00 U ]E t� 3 0 0- 0 V z o Q x • 0 m Cd d a� C O E m n _ L �'Ca Co V O y _ E � O �O fu O CQ p C Cl) O +L G N rr O E H O w O2'Y V 0 a o 0 E,6 L woo L Y O a? � +Y IL o n. CL � � O M `0 N • d i Q C Q) t C Q J Page 2 of 3 Exhibit B Community Warning System Equipment location at the Chevron Richmond Facility r-------------------------II I Note:two of the twenty-two Richmond area 1I— CWS sirens are located at the Chevron facility I 1)Castro street and 2)top of Bldg. 10 I I I I -------------------------I . I I --------------- I I I Location of Chevron Admin I I CWS stationary terminal equipment I (Located in room 222 and I I --, I I I second floor telecom closet) I I----1 I Location of Chevron Fire I I • antenna I Hensley street II I CWS stationary terminalI I I I . Computer&key board I I I (In Fire Dispatchers booth) I I I I . Remote Monitor I Chevron I I Castro street ` • Antenna I I I I • Remote push buttons I Learning& I I I • Computer&key board I I I I . PK-90 I Develop. I I I • Monitor I I I I • Radio I I • Remote push buttons I I I I • UPS(2) I 31 gate I II • PK-90 I I I I System housing rack Radio I --------------- I I I I • UPS I �� I I I System housing rack I I , -----------------' �\ Richmond Parkway CRTC Bldg 10 I � Chevron Fire dept. �� Main gate ♦Chevron Wav Admin bldg. I-580 Note: Entrance to the Chevron facility for repair or To long wharf maintenance of the CWS equipment is through gate 31 on Castro street or the main gate at Chevron way. The following Chevron employees have authority to approve repairs: Job title or name Phone pager RSC-Refinery Shift Coordinator 510-242-2772 510-620-7743 Chevron Battalion Chief 510-242-2160 510-242-2302 Chevron Fire Chief 510-242-5000 510-620-7959 Jack Harris 510-242-4976 510-719-7263 Page 3 of 3 LICENSE AND OPERATION AND MAINTENANCE AGREEMENT (ULTRAMAR INC.) Effective on the date signed by both parties hereto, this License and Operation and Maintenance Agreement ("Agreement") is entered into by and between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County"), and ULTRAMAR INC., a Nevada corporation, a wholly owned subsidiary of Ultramar Diamond Shamrock Corporation, a Delaware corporation ("Licensor"). 1. 7DEFINITIONS. As used herein, the following terms have the following meanings. A. "Agreement" means this License and Operations and Maintenance Agreement. B. "CAER" means the Contra Costa County CAER Group, Inc., a California non-profit corporation. C. "Community Warning System" or "CWS" means the emergency alert and notification system donated by CAER to County, as said system is modified from time to time by the County. D. "CWS Manuals" means those instructional manuals provided by the manufacturer and/or vendor of the CWS, for the operation and maintenance of the CWS, and such other manuals provided for the operation and maintenance of the CWS following any repair, update, modification, or replacement of the CWS and its components. E. "Equipment" means the stationary terminal equipment, sirens, and other equipment and components that comprise the CWS. F. "Facility" means Licensor's facility located at 150 Solano Way in Martinez, California. G. "Facility Equipment" means the components of the CWS to be located at the Facility pursuant to this Agreement, as said components may be added to, removed or modified by County from time to time. The current Facility Equipment is more particularly described in EXHIBIT A, attached hereto and incorporated herein by this reference. 2. COUNTY LICENSE. Pursuant to the terms set forth in this Agreement, Licensor hereby grants to County, a license to install, locate, inspect, repair and maintain the Facility Equipment at the Facility, at the locations shown on the site plan attached hereto as EXHIBIT B and incorporated herein by this reference. Licensor License and Operations and Maintenance Agreement Jltramar Inc. Page 2 further grants to County, its agents, employees, contractors and subcontractors, the right to enter the Facility for the purposes of inspecting, repairing, maintaining, replacing or removing the Facility Equipment, or for such other similar purposes associated with County's ownership of the Facility Equipment. 3. ENTRY. Entry onto the Facility by County, its agents, employees, contractors and subcontractors, shall be pursuant to and subject to the requirements of this section. Licensor may require that access to the Facility Equipment by County, its agents, employees, contractors and subcontractors be subject to reasonable safety procedures. Licensor may require County agents, employees, contractors and subcontractors to be accompanied by a representative of Licensor during regularly scheduled or routine inspection, maintenance, repair or replacement activity. Licensor may also require County agents, employees, contractors and subcontractors to be accompanied by a representative of Licensor during urgent or non-routine activity provided a representative of Licensor is immediately available to accompany said persons. At Licensor's request, County shall designate in writing, those persons authorized to enter the Facility on behalf of County. 4. LICENSOR RESPONSIBILITIES. A. Licensor shall operate the Facility Equipment in conformity with the Community Warning System Operation Protocols developed and amended from time to time by County, and the CWS Manuals. B. Licensor shall notify County in writing of any Facility Equipment requiring maintenance, repair or replacement; provided that in the event of an urgent requirement for maintenance, repair or replacement, Licensor's initial notice may be oral, followed by written notice within five (5) days of the oral notice. County shall provide the names, telephone and pager numbers of those persons authorized to receive oral notification from Licensor of an urgent maintenance, repair or replacement requirement. Licensor shall provide the names, telephone and pager numbers of those employees authorized to provide oral notification on behalf of Licensor of an urgent requirement for maintenance, repair or replacement of any Facility Equipment. C. Licensor shall provide for the safety and security of the Facility Equipment. D. Licensor shall be responsible for all normal day to day operating expenses of the Facility Equipment, such as the salaries of Licensor's employees and all utility expenses (including back-up power supplies). Licensor shall not be responsible for maintenance or repair costs, including the costs of replacement parts or equipment, or for extraordinary expenses, such as the costs of upgrading or replacing the Facility Equipment. Licensor shall be responsible for and pay for any and all damage to the Facility Equipment caused or contributed to in whole or in part by the negligence or willful misconduct of Licensor or Licensor's employees, agents, License and Operations and Maintenance Agreement ,Ultramar Inc. Page 3 contractors or subcontractors. 6. MAINTENANCE. County intends to enter a contract for the maintenance of the Facility Equipment with Hormann America, Inc. 7. TAXES. It is not intended that Licensor incur any additional real or personal property taxes.as a result of the location of the Facility Equipment at the Facility. County, acting in its capacity as owner of the CWS, will cooperate with Licensor to eliminate or minimize any such tax to the maximum extent permitted by law. 8. PERMITS. Other than FCC licensing requirements, the parties are not aware of any governmental permit or license required for the operation of the CWS, including the Facility Equipment. To the extent that any such permit or license is required, Licensor shall have no obligation to obtain or maintain such permit or license, but shall be obligated to advise County if it becomes aware of such requirement so that County may take action to secure any necessary permit or license. 9. TERM, TERMINATION. The term of this Agreement is one year. This Agreement shall be automatically renewed annually, on a year-to-year basis, unless terminated by either party at any time by providing thirty (30) days' written notice to the other. Notice shall be served personally or by certified mail, return receipt requested, addressed as follows, and shall be effective upon delivery at the indicated address: County: Licensor: County Administrator Plant Manager 651 Pine Street, 11' Floor Ultramar Inc. Martinez, CA 94553 150 Solano Way Martinez, CA 94553 or to such other address as either party may from time to time specify in writing to the other party. 10. EQUIPMENT REMOVAL. Upon either party providing 30 days' written notice of termination, County shall, within thirty days of receipt of such notice from .Licensor, or thirty days of providing such notice to Licensor, and at County's expense, remove or cause the removal of all Facility Equipment from the Facility. Licensor shall allow entry onto the Facility by County, its, agents, employees, contractors and subcontractors, as necessary for the removal of the Facility Equipment. 11. LIMITED RELEASE, INDEMNITY. Except to the extent caused by the negligence or willful misconduct of Licensor, in the event that a County employee, agent, contractor or subcontractor is injured or killed, or County property or the property of a County employee, agent, contractor or subcontractor is damaged while at the License and Operations and Maintenance Agreement •Ultramar Inc. Page 4 Facility in connection with inspecting, installing, maintaining, repairing, replacing or removing Facility Equipment, the County shall release Licensor and shall indemnify, defend and hold Licensor harmless from and against any and all liability to the County or to the County employee, agent, contractor or subcontractor, for such liability. County's agreement to release, indemnify, defend and hold Licensor harmless from liability to the County or a County employee, agent, contractor or subcontractor as set forth in this section shall not extend to the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the negligence or willful misconduct of Licensor, its agents or contractors. Licensor shall remain responsible for said damages, expenses and attorneys fees in an amount proportionate to Licensor's negligence or willful misconduct without contribution to that portion from the County. 12. LICENSOR'S CONTINUED RESPONSIBILITY FOR UNAUTHORIZED RELEASE. Licensor understands and agrees that nothing associated with this Agreement or the CWS, including, but not limited to, County's ownership, maintenance and/or operation of the CWS (such as malfunctions, however caused, of the CWS), or County's approval of any plan which mentions or relies upon the CWS, shall relieve Licensor of any liability or responsibility related to or associated with any unauthorized release, including, but not limited to, any duty or obligation on the part of Licensor, under any law, to prevent, notify or mitigate the impacts of any unauthorized release. Licensor understands and agrees that County has accepted ownership of the CWS only to enhance its ability to provide notification of and to respond to an emergency, such as an unauthorized release, in its discretionary governmental capacity. County makes no promises or representations to Licensor or any other person regarding the operation or maintenance of the CWS in any manner or for any purpose, or the continued operation in any manner of the CWS. Licensor understands and agrees that County does not intend by this Agreement to in any way waive any of its statutory or other immunities, nor is County assuming any duties, responsibilities or liabilities of any nature. 13. REMEDY. Except as provided in Section 11, the sole remedy for any breach or default of this Agreement by either party shall be the termination of this Agreement in accordance with Section 9. With respect to Section 11, County and Licensor shall have the right to injunctive relief, damages or any other remedy allowed at law or equity. In no event will either party be liable for or entitled to damages, including, but not limited to, loss of revenues or profits, or any special, incidental or consequential damages, however caused, arising out of or resulting from this Agreement or any breach or default thereof. Except as provided in Section 11, neither party shall be entitled to any indemnity for any liability to third parties arising out of or resulting from this Agreement or any breach or default thereof. 14: SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. License and Operations and Maintenance Agreement •Ultramar Inc. Page 5 15. AMENDMENT. This Agreement shall not be changed, modified or amended except in a writing signed by both parties. 16. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the parties regarding the operation, maintenance and repair of the Licensor Facility Equipment and merges and supersedes all prior discussions, writings, agreements and understandings of the parties with respect to such matters. 17. NO RELIANCE ON PRIOR REPRESENTATION. Both parties agree that no person acting on behalf of the other (including, without limitation, any representative, employee or agent of CAER) has at any time been authorized to make any representation, promise or agreement of any kind or character regarding the Community Warning System and the Facility Equipment. If any such representation, promise or agreement was made by any person, in any capacity, neither party shall or is relying on such representation, promise or agreement, and expressly waives, releases and holds any such person harmless from any claim or liability due to such representation, promise or agreement. 18. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. The venue of any legal action between the parties arising out of this Agreement shall be Contra Costa County, California, which courts shall have exclusive jurisdiction over such legal action. 19. INVALID PROVISIONS. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 20. EMPLOYEES. Neither party's employees, subcontractors or agents shall be deemed to be the employees, subcontractors or agents of the other. 21. EMERGENCY. In the event of a natural disaster or accidental release at the Facility, Licensor shall endeavor to take such actions as are reasonably necessary or appropriate to minimize damage to the Facility Equipment. Licensor shall notify County as soon as practicable of its inability to protect the Facility Equipment and shall abide by the County's instructions regarding the Facility Equipment. 22. NO THIRD PARTY BENEFICIARIES. This Agreement is by and between Licensor and County only. It is not intended to and does not benefit or grant any rights to any other party. 23. SURVIVAL. The provisions of sections 10, 11, 12, 13, 14, 17, 18, 19, 22, 23 and 25 shall survive the termination of this Agreement. License and Operations and Maintenance Agreement ,Ultramar Inc. Page 6 24. COUNTERPARTS. This Agreement may be executed in two counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 25. CONSTRUCTION. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates indicated below. ULTRAMAR INC., a Ne ada Corpora 'on CONTRA COSTA COUNTY, a political subdivision of the State of California By: Name: o Title: V. ioAS;r "xiAvIk/G By Boar hair By: Name: Attest: Clerk of the Board of Supervisors Title: Date: By: eputy Clerk [Acknowledgment] Date: H AHAZMA'nCW S\O&M\0301\ulbamarmpd Contra Costa County Standard Form(Rev. 1/95) APPROVALS/ACKNOWLEDGMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED �o�•f-� CesFo /1/e�/E! ,f'e•r.:ccr COLTIff COUNS L By By Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: Designee ACKNOWLEDGMENT ..� STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA) n On JJ(iLI q ,zw I ,before me, 1 J (insert name and title olf the officer),personally appeared ll�ct tt7 ersonally known to me (or proved to me on the basis of satisfactory evidence)to be the person whose namegis/Vsubscribed to th within instrument and acknowledged to me that he/shetgiey executed the same in his/hes4heir.authorized capacity, and that by hist signature(o on the instrument the person(4,or the entity upon behalf which the personal acted, executed the instrument. DIANA E CHARRUM WITNESS MY HAND AND OFFICIAL SEAL. Commission#1287184 Nolan Pabitc-Caif WdO contra Costa county I (I ll b `tel!l(kJti�.l;lX� (Seal..-�§9MVCcrrvrL8pkesDeCI4,2M4 r Signature ACKNOWLEDGMENT(by Corporation,Partnership,or Individual) (Civil Code §1189) License and Operations and Maintenance Agreement Ultramar Inc. Page 7 EXHIBIT A List of Facility Equipment 'EXHIBIT B Site Plan Showing Current Location of Facility Equipment Community Warning System - Equipment List Exhibit A Facility: CWS Terminal — Ultramar Golden Eagle SEC (udssec) Description Model Number Quantity 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor IBM SVGA 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 1250 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA -PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Pol haser-IS-B50LN-CO 1 CWS Terminal Computer Sa e-ACom 1 Mouse / Keyboard shelf MAP-N/A 1 Mouse Microsoft-Serial Mouse 1 Keyboard Various 1 Printer HP 1 Strobe/Buzzer RS-Strobe 1 Various Cables & Connectors N/A Lot Facility: CWS Terminal — Ultramar Golden Eagle EOC (udseoc) Description Model Number Quantit 12 VDC Power Supply Astron-RS-35BB 1 14' Monitor IBM SVGA 1 19" Steel Rack/fan/thereto MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 1250 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA -PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Pol haser-IS-B50LN-CO 1 CWS Terminal Computer Sage-AComp 1 Mouse Microsoft-Serial Mouse 1 Keyboard Various 1 Printer HP 1 Push Button Unit Hormann America 1 Various Cables & Connectors N/A Lot Last updated on March 6, 2001 Page 1 of 3 Community Warning System - Equipment List! Exhibit Facility: Siren M14 — UDS, Golden Eagle Refinery Description Model Number QuantitTll SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Mount Kit N/A 1 Utility Pole Class 1, 50' 1 Associated cables & Conduit NIA 1 Last updated on March 6, 2001 Page 2- of 3 Community Warning System - Equipment List ' Exhibit A Facility: Siren M15 — UDS, Clyde Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page 3 of 3 Exhibit B , o - -- -- - --- ..----- s m E UrnLO Ma)� E a)C °' 0) m m0 O E a N CN N N a � � 3 � > m a p � `Q C U.2 m Z a m C a � OD V ' w L O E O N -6 N -a LU U ' _ c as > . OO E o O CL 3 Q o cn �/� o a E d °' E m woo -0 O - a� oCO .Em 0 �C,6 L • 0 � 0 � a = a 0 N 2 O a .� 0 d O Y , Q cu I a r ; /. own c.F t: Page 1 of 3 .. V + W ... y ' Exhibit B IE E (/) y 0) m �•C N � fA .O` OO C OQ -Q O � j�C Q o 5 c4 aO E x EE o 0 O E CO N co co Q ` e y m Z d 7 Q C 0 3 ai a c �r, a w OE O � � U ) V) V _ C o E O E C- 0 ° a TCLLL NWOOO O C m oY . L Y OM � +Y 1° a ao N a N m a p N - 7 ch o a 0 N m Q C_ C C C: _ Q t t!' � P- }� t � t t t .. T7 Page 2 of3 rt i.. '^ , 4' • � .. r.-.. •. • Exhibit B ' AVM Tweausi o",t7`/Ot as v�. OC) (� _ N (J VS -- O w CCV r Cly C`t`4 N Os y Otlif!-n 2 cc 4 m a W 0 AVMOlWfSNOY1 tZ z 8213 Z o�� c2r�}0 ., S? O Fzmw IL UJ 0 w -J OoGtt—J� z- 5:0zUJ 0�S OS LU 8 ~ Q vi 0 L) 4 OU: tj 0 V) 0 Z 1 LLLLJ Q o O� ® t O 100 Z �- {� LL, Orb` E � Qw.. � gwC �s t J -- € � � bd •�� .J CC D LO c %— 0 02 F, L.0 0� � �I Z D C'7 I i t y m LL � ...! LU o c� 4 LU o Q to do c A" Page 3 of 3 i J v LICENSE AGREEMENT (City of San Pablo and County) 1. PARTIES. Effective on the date signed by both parties hereto, this LICENSE AGREEMENT is entered into by and between the City of San Pablo, a Municipal Corporation ("Licensor"), the owner of the real properties located at 1) 17"' Street and Folsom Avenue, San Pablo, California, commonly known as Davis Park, and 2) Broadway Avenue and 17"' Street, San Pablo, California (jointly referred to as the "Property"), and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County"). 2. COMMUNITY WARNING SYSTEM EQUIPMENT. A. County intends to accept or has accepted as a donation from the Contra Costa CAER Group, Inc., a Community Warning System. The Community Warning System includes certain equipment (such as sirens) located at various sites. B. A portion of the equipment (the "Subject Equipment") is located on the Property. The Subject Equipment is identified on EXHIBIT "A" attached hereto and incorporated herein by this reference, and located in the area of the Property shown on EXHIBIT "B" attached hereto and incorporated herein by this reference. 3. LICENSE. Licensor hereby grants to County (including its agents, employees and contractors) a license and right to enter the Property, at County's discretion, for the purposes of installing, inspecting, maintaining, repairing, replacing and removing the Subject Equipment, including all necessary rights of access. 4. LIMITED RELEASE, INDEMNITY. Except to the extent caused by the negligence or willful misconduct of Licensor, if a County employee or agent is injured or killed, or County property or the property of a County employee or agent is damaged, while at the Property pursuant to the rights granted hereunder, County shall release Licensor, and shall indemnify, defend and hold Licensor harmless from and against any and all liability to County or to County's employee or agent for such injury, death or damage to County property or the property of a County employee or agent. County's agreement to release, indemnify, defend and hold Licensor harmless from liability to the County or a County employee or agent as set forth in this section shall not extend to the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the negligence or willful misconduct of Licensor, its agents or contractors. Licensor shall remain responsible for said damages, expenses and attorneys fees in an amount proportionate to Licensor's negligence or willful misconduct without contribution to that portion from the County. 5. TERM, TERMINATION. The term of this License Agreement shall be one year, commencing on the effective date. Thereafter, this License Agreement shall be LICENSE AGREEMENT (City of San Pablo and Count Page 2 automatically renewed annually, on a year-to-year basis. This License Agreement may be terminated at any time by either party upon thirty days' prior written notice to the other. 6. NOTICE. Notice hereunder shall be served personally or by certified mail, return receipt requested, addressed as follows, and shall be effective upon delivery at the indicated address: Licensor: County: City Manager County Administrator City of San Pablo 651 Pine Street, 11th Floor 1 Alvarado Square Martinez, CA 94553 San Pablo, CA 94806 The above information may be changed by either party by providing thirty days notice to the other. 7. REMOVAL. County shall promptly remove the Subject Equipment upon termination of this License Agreement. If this License Agreement is terminated and County does not remove the Subject Equipment within ninety(90) days after the termination date set forth in the termination notice, Licensor shall have the right to use, abandon and/or dispose of the Subject Equipment without compensation to County. 8. ENTRY NOTICE. Except in an emergency, County shall provide Licensor at least 24-hours' advance notice, which may be by telephone, at the address and telephone number written above, before entering the Property. 9 UTILITIES. Licensor shall provide and pay for all utilities for the Subject Equipment. 10. NO THIRD PARTY BENEFICIARIES. It is mutually recognized that the Subject Equipment is intended to serve a public purpose; therefore, the County's o ulation and other persons and entities, may incidental) benefit from this License PP P Y Y Agreement. However, it is not the intention of either County or Licensor that such persons or entities occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this License Agreement. This License Agreement is by and between Licensor and County only, and is not intended to and does not benefit or grant any rights to any other person or entity. 11. REMEDY. Except as provided in Section 4 (Limited Release and LICENSE AGREEMENT (City of San Pablo and Count» Page 3 Indemnity), the sole and exclusive remedy for any breach or default of this License Agreement by either party shall be the termination of this License Agreement in accordance with Section 5 (Term, Termination). Except as provided in Section 4 (Limited Release and Indemnity), under no circumstances is either party to receive or be subject to damages, including, but not limited to, special, incidental or consequential damages, or be entitled to or be subject to, any other remedy provided at law or equity for the breach, whether negligent or intentional, of this License Agreement. 12. SUCCESSORS AND ASSIGNS. This License Agreement shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. 13. AMENDMENT. This License Agreement may not be changed, modified or amended except in a writing signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the date(s) indicated below. CITY OF SAN PABLO, a Municipal COUNTY OF CONTRA COSTA Corporation B Date: Date: Attest: lerk of the Board of Supervisors. Attest: 1,112 By Deputy H:\HAZMAT\CWS%AGROTH\0301\Sanpablo.wpd FO APPROVED SILVANO B.M C I,County C u Sol By Deputy • Community Warning System - Equipment List Exhibit A Facility: Siren R14 — San Pablo, Davis Park Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 CompuLert Console ASC-CompuLert 1 Action Receiver Cabinet Robroy-J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page 1 of 2 . Community Warning System - Equipment List Exhibit A Facility: Siren R16 — San Pablo, Broadway & 17 Street Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 CompuLert Console ASC-CompuLert 1 Action Receiver Cabinet Robroy-J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page 2 of 2 ©� 51 uwm o e ®oil . ME Qat ���AMon RZ MAN a v oo o Nil ONINNNNIN MON PENN NINNNIIII NOWMOM I& IIII IIIIII i� MIUR211111 a.+ Milli pill. I32111111e1 IN�� JOSE .431 bio � ENO+ o e Mr �►� � tri ��+ �.�..���, m ems► O� �, ^` �" ' a • III / s COMMUNITY WARNING SYSTEM LICENSE AND OPERATION AND MAINTENANCE AGREEMENT (City of Richmond) Effective on the date signed by both parties hereto, this License and Operation and Maintenance Agreement is made and entered into by and between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County") and the CITY OF.RICHMOND, a Municipal Corporation ("Licensor"). 1. DEFINITIONS. As used herein, the following terms have the following meanings. A. "Agreement" means this License and Operation and Maintenance Agreement. B. "CAER" means the Contra Costa County CAER Group, Inc., a California non-profit corporation. C. "Community Warning System" or"CWS" means the emergency alerting, warning and notificatidri'system donated by CAER to County, as said system is modified from time to time by the County. D. "CWS Manuals" means those instructional manuals provided for the operation and maintenance of the CWS, including manuals provided from time to time for the operation and maintenance of the CWS following any repair, update, modification, or replacement of the CWS and its components. E. "Equipment" means the stationary terminal equipment, sirens, and other equipment and components that comprise the CWS. F. "Licensor Equipment" means the components of the CWS to be located on Licensor property pursuant to this Agreement, as said components may be added to, removed or modified by County from time to time. The current Licensor Equipment is more particularly described in EXHIBIT A, attached hereto and incorporated herein by this reference. G. "PERSON" includes an individual, a public agency, firm, partnership, corporation, or any other entity. 2. COUNTY LICENSE. Pursuant to the terms set forth in this Agreement, Licensor hereby grants to County, a license to install, locate, inspect, repair and maintain the Licensor Equipment on Licensor property at the addresses and locations shown on the site plans attached hereto as EXHIBIT B and incorporated CIMS License and O&fdl Agreement City of Richmond Page 2 i herein by this reference. Licensor further grants to County, its agents, employees, contractors and subcontractors, the right to enter Licensor property for the purposes of inspecting, repairing, maintaining, replacing or removing the Licensor Equipment, or for such other similar purposes associated with County's ownership of the Licensor Equipment. 3. ENTRY. Entry onto Licensor property by County, its agents, employees, contractors and subcontractors, shall be pursuant to and subject to the requirements of this section. Licensor may require that County agents', employees', contractors' and subcontractors' access to Licensor Equipment during regularly scheduled or routine inspection, maintenance, repair or replacement activity be subject to reasonable advance notice requirements. Licensor shall make arrangements with County for County's immediate access to Licensor Equipment as necessary for urgent or emergency activities. At Licensor's request, County shall designate in writing, those persons authorized to enter Licensor property on behalf of County. 4. LICENSOR RESPONSIBILITIES. A. Licensor shall operate the Licensor Equipment in conformity with the Community Warning System Operation Protocols developed and amended from time to time by County, the CWS Manuals, and/or as otherwise instructed by County. B. Licensor shall notify County in writing of any Licensor Equipment requiring maintenance, repair or replacement; provided that in the event of an urgent requirement for maintenance, repair or replacement, Licensor's initial notice may be oral, followed by written notice within five (5),days of the oral notice. County shall provide the names, telephone and pager numbers of those persons authorized to receive oral notification from Licensor of an urgent maintenance, repair or replacement requirement. Licensor shall provide the names, telephone and pager numbers of those Licensor employees authorized to provide oral notification on behalf of Licensor of an urgent requirement for maintenance, repair or replacement of any Licensor Facility Equipment. C. Licensor shall provide for the safety and security of the Licensor Equipment. D. Licensor shall be responsible for all normal day to day operating expenses of the Licensor Equipment, such as the salaries of Licensor employees and all utility expenses (including back-up power supplies). Licensor shall not be responsible for maintenance or repair costs, including the costs of replacement parts or equipment, or for extraordinary expenses, such as the costs of upgrading or replacing the Licensor Equipment. Licensor shall be responsible for and pay for any CWS License and O& M Agreement City of Richmond Page 3 and all damage to the Licensor Equipment caused or contributed to in whole or in part by the negligence or willful misconduct of Licensor or Licensor's employees, agents, contractors or subcontractors. 5. COUNTY MAINTENANCE. County will maintain the Licensor Equipment. County intends to initially maintain the Licensor Equipment by contracting with Hormann America, Inc. 6. PERMITS. Other than FCC licensing requirements, the parties are not aware of any governmental permit or license required for the operation of the Licensor Equipment. To the extent that any such permit or license is required, Licensor shall have no obligation to obtain or maintain such permit or license, but shall be obligated to advise County if it becomes aware of such requirement so that County may take action to secure any necessary permit or license. 7. TERM, TERMINATION. The term of this Agreement is one year. This Agreement shall be automatically renewed annually, on a year-to-year basis, unless terminated by either party at any time by providing thirty(30) days' written notice to the other. Notice shall be served personally or by certified mail, return receipt requested, addressed as follows, and shall be effective upon delivery at the indicated address: County: Licensor: County Administrator City Manager 651 Pine Street, 11th Floor City of Richmond Martinez, CA 94553 2600 Barrett Ave. Richmond, CA 94804 The above information may be changed by either party by.providing 30 days' written notice to the other. 8. EQUIPMENT REMOVAL. Upon either party providing 30 days'written notice of termination, Countyshall, within 30 days of receipt of such notice from Licensor, or thirty days of providing such notice to Licensor, and at County's expense, remove or cause the removal of all Licensor Equipment from Licensor property. Licensor shall allow entry onto Licensor property by County, its, agents, employees, contractors and subcontractors, as necessary for the removal of the Licensor Equipment. If this Agreement is terminated and County does not remove the equipment as required by this section, Licensor shall have the right to use, abandon, and/or dispose of.the Licensor Equipment without compensation to County. CWS License and O&M Agreement City of Richmond Page 4 9. LIMITED RELEASE, INDEMNITY. Except to the extent caused by the negligence or willful misconduct of Licensor, in the event that a County employee, agent, contractor or subcontractor is injured or killed, or County property or the property of a County employee, agent, contractor or subcontractor is damaged while at Licensor property in connection with inspecting, installing, maintaining, repairing, replacing or removing Licensor Equipment, the County shall release Licensor and shall indemnify, defend and hold Licensor harmless from and against any and all liability to the County or to the County employee, agent, contractor or subcontractor, for such liability. County's agreement to release, indemnify, defend and hold Licensor harmless from liability to the County or a County employee, agent, contractor or subcontractor as set forth in this section shall not extend to the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the.negligence or willful misconduct of Licensor, its agents or contractors. Licensor shall remain responsible for said damages, expenses and attorneys fees in an amount-proportionate to Licensor's negligence or. willful misconduct without contribution to that portion from the County. 10. REMEDY. Except as provided in Section 9, the sole and exclusive remedy for any breach or default of this Agreement by either party shall be the termination of this Agreement in accordance with Section 7. Except as provided in section 9, under no circumstances is either party to receive or be subject to damages, including, but not limited to, special, incidental or consequential damages, or be entitled to or be subject to, any other remedy provided at law or equity-for.the breach, whether negligent or intentional, of this Agreement. 11. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. 12. AMENDMENT. This Agreement shall not be changed, modified or amended except in a writing signed by both parties. 13. ENTIRE AGREEMENT. This.Agreement sets forth the entire agreement between the parties regarding the operation, maintenance and repair of the Licensor Equipment and merges and supersedes all prior discussions, writings, agreements and understandings of the parties with respect to such matters. 14. NO RELIANCE ON PRIOR REPRESENTATION. Both parties agree that no person acting on behalf of the other(including, without limitation, any representative, employee or agent of CAER) has at any time been authorized to make any representation, promise or agreement of any kind or character regarding the Community Warning System and the Licensor Equipment.. If any such representation, promise or agreement was made by any person, in any capacity, CWS License and O&M Agreement City of Richmond Page 5 i neither party shall or is relying on such representation, promise or agreement, and expressly waives, releases and holds any such person and the other party harmless. from any claim or liability due to such representation, promise.or agreement. 15.. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. The venue of any legal action between the parties arising out of this Agreement shall be Contra Costa County, California, which courts shall have exclusive jurisdiction over such legal action.. 16. INVALID PROVISIONS. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 17. EMPLOYEES. Neither party's agents, employees, contractors or subcontractors shall be deemed to be the agents, employees, contractors or subcontractors of the other. 18. EMERGENCY. In the event of a natural disaster or accident, Licensor shall endeavor to take such actions as are reasonably necessary or appropriate to minimize damage to the Licensor Equipment. Licensor shall notify County as soon as practicable of its inability to protect the Licensor Equipment and shall abide by the County's instructions regarding the Licensor Equipment. 19. NO THIRD PARTY BENEFICIARIES. It is mutually recognized that the Licensor Equipment is operated to serve a public purpose; therefore, the County's population and other persons may incidentally benefit from this Agreement. However, it is not the intention of either the County or Licensor that such persons occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Agreement. This Agreement is by and between Licensor and County only, and except for the release provision in Section 14, is not intended to and does not benefit or grant any rights to any other person. 20. SURVIVAL. The provisions of sections 9, 10, 15, 16, 19, 20 and 22 shall survive the.termination. of this Agreement. 21. COUNTERPARTS. This Agreement may be executed in two counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 22. CONSTRUCTION. The section headings and captions of this Agreement are, acid the arrangement of this instrument is, for the sole convenience • t CWS License and O&M Agreement City of Richmond Page 6 of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date indicated below. CITY OF RICHMOND, a Municipal CONTRA COSTA COUNTY, a political Corporation subdivision of the State of California By: By: ��� hod Chair Date: _ Attest: Clerk of the Board of Supervisors Attest: By: puty Clerk -Date: elv March 7,2001 H AHAZMAnCW S10&K03011agencyXrichmondmpd FO APPROVED S{LVANO B.M C 1,CoZlty { By Deputy CWS License and O& M Agreement City of Richmond Pagel EXHIBIT A List of Licensor Equipment EXHIBIT B Site Plan Showing Current Location of Licensor Equipment Community Warning System -Equipment List Facility: Siren R04 - Hall of Justice Description Model Number Quanti SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com ul.ert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Mount Kit NIA 1 Associated cables &Conduit N/A 1 ... y a Last updated on March 6, 2001 Page-48 Community Warning System-Equipment List Facility: Siren R05 - Southeast Police Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 'Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A -1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 50' 1 Associated cables &Conduit N/A 1 r . Last updated on March 6, 2001 Page-49 Community Waminb System-Equipment Ust Facility: Siren R06- Richmond, Dornan Drive Descri tion Model Number Quant! SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables &Conduit N/A 1 F r • Y � Last updated on March 6, 2001 Page-50 Community Warnina System-Equipment List Facility: Siren R07 — Richmond, Brickyard Cove Descn tion Model Number Quanti SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet NIA 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A .1 VHF Antenna Mount NIA 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 WRY Pole Class 1, 40' 1 Associated cables&Conduit N/A 1 Last updated on March 6,2001 Page-51 Community Warninb System-Equipment List Facility: Siren R08— Richmond, Wright Avenue Descri tion Model Number Quan SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet NIA 1 Com ul-ert Console -ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box NIA 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables &Conduit N/A 1 Last updated on March 6, 2001 Page-52 Community Warning System-Equipment List Facility: Siren R09 — Richmond, Regatta Boulevard Description Model Number Quantl SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com ul-ert Console -ASC-Com uLert 1 Action Receiver Cabinet Robro -JI816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utilfty Pole Class 1, 40' 1 Associated cables&Conduit N/A 1 Last updated on March 6, 2001 Page-53 Community Warning System -Equipment List Facility: Siren R10 — Richmond, Sutter& Placer Descri tion Model Number Quanfitv SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console -ASC-Com uLert 1 Action Reoeiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utilfty Pole Class 1, 40' 1 Associated cables &Conduit N/A 1 Last updated on March 6, 2001 Page-54 Community Warning System-Equipment List Facility: Siren R11 — Richmond, Barrett & Dim Description Model Number Quanti SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables &Conduit N/A 1 Last updated on March 6, 2001 Page-55 Community Warning System-Equipment List Facility: Siren R12 — Richmond, McBryde/ Lassen Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 utility Pole Class 1,40' 1 Associated cables &Conduit N/A 1 r Last updated on March 6, 2001 Page-56 Community Wamina System-Equipment List Facility: Siren R1.3 — Richmond, 15th &Visalia Description Model Number Quant SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASG-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 UtilityP01e Class 1, 40' 1 Associated cables &Conduit N/A 1 Last updated on March 6, 2001 Page-57 Community Warning System-Equipment List Facility: Siren R15— Richmond, Fairmead Park Descri tion Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables &Conduit N/A 1 Last updated on March 6, 2001 Page-59 Community Warning System-Equipment List Facility: Siren R17 — Richmond, San Pablo Ave & Richmond PKWY Descri tion Model Number Quanti SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com Leri Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL -1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables &Conduit N/A 1 Last updated on March 6, 2001 Page-61 Community Warning System-Equipment List Facility: Siren R18 — Richmond, Hilltop Drive & Park C Description Model Number Quand SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL .1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables &Conduit N/A 1 Last updated on March 6, 2001 Page-62 • 1 } Community Warnina System-Eauioment List Facility: Siren R19 — Richmond, Williams Drive & Moglot Description Model Number Quantitv SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-63 Community Waming System-Equipment List Facility: Siren R20 — Richmond, Paar Boulevard & 3rd St. Description Model Number Quand SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -JI816HPL .1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna NIA 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables &Conduit N/A 1 Last updated on March 6, 2001 Page-64 Community Warning System-Equipment List Facility: Siren R21 — Richmond,Wharf Street Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com ul-ert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1,40' 1 Associated cables&Conduit N/A 1 Last updated on March 6, 2001 Page-65 Community Warning System-Equipment List Facility: Siren R22— Richmond, Harbor Way & Hall Descri tion Model Number Quanti SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -11816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables &Conduit N/A 1 Last updated on March 6, 2001 Page-66 Community Warning System-Equipment List Facility: CWS Terminal - Richmond PD 911 Center (richpd) Description Model Number Quanti 12 VDC Power Supply Astron-RS-35136 1 19" Monitor Sylvania 2 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 Furniture/Cart Global-AC5170 1 600 VA UPS APC-Smart UPS-600VA 1 1250 VA UPS APC-Smart UPS-1250VA 1 2000 VA UPS APC-Smart UPS-2000VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Pol haser-IS-B50LN-CO 1 CWS Terminlal Computer Sage-AComp 1 CWS Terminal Console Sa a-STCON 1 M, K bd, Mouse Receiver EASY-AC233A 1 M, K bd, Mouse Xmitter Easy-AC231A 1 Mouse Microsoft-Serial Mouse 1 -Keyboard Various 1 A/B switch 1 Various Cables & Connectors N/A Lot Short rack KnurrUM1.244.030.1 1 Short Haul Modems BlackBox 2 pairs Terminal PC CS401 box with Asus 1 AT MB and 233 MMX Pentium Facility: CWS Terminal — Richmond PD Mobile Van (rchmob) Description Model Number Quanti 37.12 MHz Maxtrac Motorola-D51 MJA97A3-K 1 486 DX2 Laptop Computer Epson 1 LB Antenna TAB-1012 1 Packet Controller AEA-PK90 1 Radio/PK90/CR Shelf Howell-custom 1 Various Cables & Connectors N/A 1 Last updated on March 6, 2001 Page-8 -.N 'v e• @ N O,� N E LO p: ".N � - r tfTi;..: f•.:[ ',t t,_ :Y; O` —U r0 •C U) a N C U ENd F= r a) p _NH (` O + ° c a ani H OQ Lu a. v, �' ''; m o - coa m COQ a _ Zi 100 a EUS ypcw c to w U C ` N ac �oaao E Lo Co cm 09 w d1 m fl Cl) �'3 lin -0'a)(nc 7 U 'c 2 _ c_i c CL o0 ` cWm ��� 0 d� � UU °8 LL.� co T Zuw 3:Q: <6 - - E _ 3 (7 .. H cn= 0CL m 'a (a cn=g¢ � 0" o a ro a . d CL m ea moo T a Z nedI O a� 'a aug Itaii4 =o o0 3 i a rn" a� I a m i E ZW 2 N d I EEn NV o N > (D i -C t0 o y E c i = 2Q � 0 3 _ 0.0 ! p a @ a) p I c 0 Q- a, �' z N Q i N " v Fa N 0 t Zdr -00 ; E m d3 0 .2 OL i NN UO Q 41 z0:i; w i W ago 3 horn N 0 i h O N a "� 7 ::r[ ::• C C N 1 t Q COMMUNITY WARNING SYSTEM LICENSE AND OPERATION AND MAINTENANCE AGREEMENT. (City of Pinole) Effective on the date signed by both parties hereto, this License and Operation and Maintenance Agreement is made and entered into by and between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County") and the CITY OF PINOLE, a Municipal Corporation ("Licensor"). 1. DEFINITIONS. As used herein, the following terms have the following meanings. A. "Agreement" means this License and Operation and Maintenance Agreement. B. "CAER" means the Contra Costa County CAER Group, Inc., a California non-profit corporation. C. "Community Warning System" or "CWS" means the emergency alerting, warning and notification system donated by CAER to County, as said system is modified from time to time by the County. D. "CWS Manuals" means those instructional manuals provided for the operation and maintenance of the CWS, including manuals provided from time to time for the operation and maintenance of the CWS following any repair, update, modification, or replacement of the CWS and its components. E. "Equipment" means the stationary terminal equipment, sirens, and other equipment and components that comprise the CWS. F. "Licensor Equipment" means the components of the CWS to be located on Licensor property pursuant to this Agreement, as said components may be added to, removed or modified by County from time to time. The current Licensor Equipment is more particularly described in EXHIBIT A, attached hereto and incorporated herein by this reference. G. "PERSON" includes an individual, a public agency, firm, partnership, corporation, or any other entity. 2. COUNTY LICENSE. Pursuant to the terms set forth in this Agreement, Licensor hereby grants to County, a license to install, locate, inspect, repair and maintain the Licensor Equipment on Licensor property located at 880 Tennent Avenue, Pinole, California, at the locations shown on the site plan attached hereto CWS License and O& M Agreement City of Pinole Page 2 as EXHIBIT B and incorporated herein by this reference. Licensor further grants to County, its agents, employees, contractors and subcontractors, the right to enter Licensor property for the purposes of inspecting, repairing, maintaining, replacing or removing the Licensor Equipment, or for such other similar purposes associated with County's ownership of the Licensor Equipment. 3. ENTRY. Entry onto Licensor property by County, its agents, employees, contractors and subcontractors, shall be pursuant to and subject to the requirements of this section. Licensor may require that County agents', employees', contractors' and subcontractors' access to Licensor Equipment during regularly scheduled or routine inspection, maintenance, repair or replacement activity be subject to reasonable advance notice requirements. Licensor shall make arrangements with County for County's immediate access to Licensor Equipment as necessary for urgent or emergency activities. At Licensor's request, County shall designate in writing, those persons authorized to enter Licensor property on behalf of County. 4. LICENSOR RESPONSIBILITIES. A. Licensor shall operate the Licensor Equipment in conformity with the Community Warning System Operation Protocols developed and amended from time to time by County, the CWS Manuals, and/or as otherwise instructed by County. B. Licensor shall notify County in writing of any Licensor Equipment requiring maintenance, repair or replacement; provided that in the event of an urgent requirement for maintenance, repair or replacement, Licensor's initial notice may be oral, followed by written notice within five (5) days of the oral notice. County shall provide the names, telephone and pager numbers of those persons authorized to receive oral notification from Licensor of an urgent maintenance, repair or replacement requirement. Licensor shall provide the names, telephone and pager numbers of those Licensor employees authorized to provide oral notification on behalf of Licensor of an urgent requirement for maintenance, repair or replacement of any Licensor Facility Equipment. C. Licensor shall provide for the safety and security of the Licensor Equipment. D. Licensor shall be responsible for all normal day to day operating expenses of the Licensor Equipment, such as the salaries of Licensor employees and all utility expenses (including back-up power supplies). Licensor shall not be responsible for maintenance or repair costs, including the costs of replacement parts or equipment, or for extraordinary expenses, such as the costs of upgrading or replacing the Licensor Equipment. Licensor shall be responsible for and pay for any CWS License and O&M Agreement City of Pinole Page 3 and all damage to the Licensor Equipment caused or contributed to in whole or in part by the negligence or willful misconduct of Licensor or Licensor's employees, agents, contractors or subcontractors. 5. COUNTY MAINTENANCE. County will maintain the Licensor Equipment. County intends to initially maintain the Licensor Equipment by contracting with Hormann America, Inc. 6. PERMITS. Other than FCC licensing requirements, the parties are not aware of any governmental permit or license required for the operation of the Licensor Equipment. To the extent that any such permit or license is required, Licensor shall have no obligation to obtain or maintain such permit or license, but shall be obligated to advise County if it becomes aware of such requirement so that County may take action to secure any necessary permit or license. 7. TERM, TERMINATION. The term of this Agreement is one year. This Agreement shall be automatically renewed annually, on a year-to-year basis, unless terminated by either party at any time by providing thirty (30) days' written notice to the other. Notice shall be served personally or by certified mail, return receipt requested, addressed as follows, and shall be effective upon delivery at the indicated address: County: Licensor: County Administrator Pinole Police Department 651 Pine Street, 11"' Floor 880 Tennent Ave. Martinez, CA 94553 Pinole, CA 94564 The above information may be changed by either party by providing 30 days' written notice to the other. 8. EQUIPMENT REMOVAL. Upon either party providing 30 days' written notice of termination, County shall, within 30 days of receipt of such notice from Licensor, or thirty days of providing such notice to Licensor, and at County's expense, remove or cause the removal of all Licensor Equipment from Licensor property. Licensor shall allow entry onto Licensor property by County, its, agents, employees, contractors and subcontractors, as necessary for the removal of the Licensor Equipment. If this Agreement is terminated and County does not remove the equipment as required by this section, Licensor shall have the right to use, abandon, and/or dispose of the Licensor Equipment without compensation to County. 9. LIMITED RELEASE, INDEMNITY. Except to the extent caused by the CWS License and O&M Agreement City of Pinole Page 4 negligence or willful misconduct of Licensor, in the event that a County employee, agent, contractor or subcontractor is injured or killed, or County property or the property of a County employee, agent, contractor or subcontractor is damaged while at Licensor property in connection with inspecting, installing, maintaining, repairing, replacing or removing Licensor Equipment, the County shall release Licensor and shall indemnify, defend and hold Licensor harmless from and against any and all liability to the County or to the County employee, agent, contractor or subcontractor, for such liability. County's agreement to release, indemnify, defend and hold Licensor harmless from liability to the County or a County employee, agent, contractor or subcontractor as set forth in this section shall not extend to the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the negligence or willful misconduct of Licensor, its agents or contractors. Licensor shall remain responsible for said damages, expenses and attorneys fees in an amount proportionate to Licensor's negligence or willful misconduct without contribution to that portion from the County. 10. REMEDY. Except as provided in Section 9, the sole and exclusive remedy for any breach or default of this Agreement by either party shall be the termination of this Agreement in accordance with Section 7. Except as provided in section 9, under no circumstances is either party to receive or be subject to damages, including, but not limited to, special, incidental or consequential damages, or be entitled to or be subject to, any other remedy provided at law or equity for the breach, whether negligent or intentional, of this Agreement. 11. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. 12. AMENDMENT. This Agreement shall not be changed, modified or amended except in a writing signed by both parties. 13. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the parties regarding the operation, maintenance and repair of the Licensor Equipment and merges and supersedes all prior discussions, writings, agreements and understandings of the parties with respect to such matters. 14. NO RELIANCE ON PRIOR REPRESENTATION. Both parties agree that no person acting on behalf of the other (including, without limitation, any representative, employee or agent of CAER) has at any time been authorized to make any representation, promise or agreement of any kind or character regarding the Community Warning System and the Licensor Equipment. If any such representation, promise or agreement was made by any person, in any capacity, neither party shall or is relying on such representation, promise or agreement, and CWS License and O& M Agreement City of Pinole Page 5 expressly waives, releases and holds any such person and the other party harmless from any claim or liability due to such representation, promise or agreement. 15. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. The venue of any legal action between the parties arising out of this Agreement shall be Contra Costa County, California, which courts shall have exclusive jurisdiction over such legal action. 16. INVALID PROVISIONS. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 17. EMPLOYEES. Neither party's agents, employees, contractors or subcontractors shall be deemed to be the agents, employees, contractors or subcontractors of the other. 18. EMERGENCY. In the event of a natural disaster or accident, Licensor shall endeavor to take such actions as are reasonably necessary or appropriate to minimize damage to the Licensor Equipment. Licensor shall notify County as soon as practicable of its inability to protect the Licensor Equipment and shall abide by the County's instructions regarding the Licensor Equipment. 19. NO THIRD PARTY BENEFICIARIES. It is mutually recognized that the Licensor Equipment is operated to serve a public purpose; therefore, the County's population and other persons may incidentally benefit from this Agreement. However, it is not the intention of either the County or Licensor that such persons occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Agreement. This Agreement is by and between Licensor and County only, and except for the release provision in Section 14, is not intended to and does not benefit or grant any rights to any other person. 20. SURVIVAL. The provisions of sections 9, 10, 15, 16, 19, 20 and 22 shall survive the termination of this Agreement. 21. COUNTERPARTS. This Agreement may be executed in two counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 22. CONSTRUCTION. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of CWS License and O&M Agreement City of Pinole Page 6 this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date indicated below. CITY OF PINOLE, a Municipal CONTRA COSTA COUNTY, a political Corporation subdivision of the State of California B -�� B By: � y. Boafd Chair Date: Attest: Clerk of the Board of Supervisors Attes : �. CiCax+K� By: ?1uty Clerk Date: March 7,2001 H:IHAZMATICW SIO&M103011agencylpinole.wpd FO APPROVED SILVANO B. SI,County o noel By Deputy t 1 � r . . „ � r-� -•ti ';.�. 1�+ .4 ,ti i CWS License and O&M Agreement City of Pinole Page 7 EXHIBIT A List of Licensor Equipment EXHIBIT B Site Plan Showing Current Location of Licensor Equipment Community Warning System -Equipment List Facility: CWS Terminal — Pinole PD 911 Center (pinpd) Description Model Number Quanti 12 VDC Power Supply Astron-RS-35BB 1 19" Monitor SAMTRON 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 Furniture/Cart Global-AC5170 1 600 VA UPS APC-Smart UPS-600VA 1 2000 VA UPS APC-Smart UPS-2000VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA -PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyphaser-IS-B50LN- 1 CO CWS Terminal Computer Sage-AComp 1 CWS Console Sa a-ACON 1 M, K bd, Mouse Receiver EASY-AC233A 1 M, K bd, Mouse Xmitter Easy-AC231A 1 Mouse Microsoft-Serial Mouse 1 Keyboard Various 1 Various Cables & Connectors N/A Lot Last updated on March 6, 2001 Page -9 m o Z \\ \ G � 1 1 \\ T 1 � IIVA qj 9 aQa ,�w 2t IIL� I s \ 0 i V = 0) t� M CD L ELO ` v ago cq Co Up o E j N m Z d w r.............................. � •r- : C © c O � a u, � � v =ao c � a) 0 cu as co' o 3 a Rd v) z COR � .............................. oY ca • y z O +4)+ • C7 CL ■ v 0 ■ a; Woo ca o : E . } N o - ' M elf ��.. A " ■ • `V a! • ; V J 6 2 : a N C '� C_ c 0 0 O� o : ad' • � v � v i • . ■ ■ a N ■ O • C N o o a U a 0 • " • N AW •..•■.•...■.....•■..■.....■......•• m r E C ccC ,a RM Q a c w .............................................................. COMMUNITY WARNING SYSTEM LICENSE AND OPERATION AND MAINTENANCE AGREEMENT (City of Martinez) Effective on the date signed by both parties hereto, this License and Operation and Maintenance Agreement is made and entered into by and between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County") and the CITY OF MARTINEZ, a Municipal Corporation ("Licensor"). 1. DEFINITIONS. As used herein, the following terms have the following meanings. A. "Agreement" means this License and Operation and Maintenance Agreement. B. "CAER" means the Contra Costa County CAER Group, Inc., a California non=profit corporation. C. "Community Warning System" or "CWS" means the emergency alerting, warning and notification system donated by CAER to County, as said system is modified from time to time by the County. D. "CWS Manuals" means those instructional manuals provided for the operation and maintenance of the CWS, including manuals provided from time to time for the operation and maintenance of the CWS following any repair, update, modification, or replacement of the CWS and its components. E. "Equipment' means the stationary terminal equipment, sirens, and other equipment and components that comprise the CWS. F. "Licensor Equipment' means the components of the CWS to be located on Licensor property pursuant to this Agreement, as said components may be added to, removed or modified by County from time to time. The current Licensor Equipment is more particularly described in EXHIBIT A, attached hereto and incorporated herein by this reference. G. "PERSON" includes an individual, a public agency, firm, partnership, corporation, or any other entity. 2. COUNTY LICENSE. Pursuant to the terms set forth in this Agreement, Licensor hereby grants to County, a license to install, locate, inspect, repair and maintain the Licensor Equipment on Licensor property located at 525 Henrietta Street, Martinez, California, at the locations shown on the site plan attached hereto CWS License and O&M Agreement City of Martinez Page 2 as EXHIBIT B and incorporated herein by this reference. Licensor further grants to County, its agents, employees, contractors and subcontractors, the right to enter Licensor property for the purposes of inspecting, repairing, maintaining,replacing or removing the Licensor Equipment, or for such other similar purposes associated with County's ownership of the Licensor Equipment. 3. ENTRY. Entry onto Licensor property by County, its agents, employees, contractors and subcontractors, shall be pursuant to and subject to the requirements of this section. Licensor may require that County agents', employees', contractors' and subcontractors' access to Licensor Equipment during regularly scheduled or routine inspection, maintenance, repair or replacement activity be subject to reasonable advance notice requirements. Licensor shall make arrangements with County for County's immediate access to Licensor Equipment as necessary for urgent or emergency activities. At Licensor's request, County shall designate in writing, those persons authorized to enter Licensor property on behalf of County. 4. LICENSOR RESPONSIBILITIES. A. Licensor shall operate the Licensor Equipment in conformity with the Community Warning System Operation Protocols developed and amended from time to time by County, the CWS Manuals, and/or as otherwise instructed by County. B. Licensor shall notify County in writing of any Licensor Equipment requiring maintenance, repair or replacement; provided that in the event of an urgent requirement for maintenance, repair or replacement, Licensor's initial notice may be oral, followed by written notice within five (5) days of the oral notice. County shall provide the names, telephone and pager numbers of those persons authorized to receive oral notification from Licensor of an urgent maintenance, repair or replacement requirement. Licensor shall provide the names, telephone and pager numbers of those Licensor employees authorized to provide oral notification on behalf of Licensor of an urgent requirement for maintenance, repair or replacement of any Licensor Facility Equipment. C. Licensor shall provide for the safety and security of the Licensor Equipment. D. Licensor shall be responsible for all normal day to day operating expenses of the Licensor Equipment, such as the salaries of Licensor employees and all utility expenses (including back-up power supplies). Licensor shall not be responsible for maintenance or repair costs, including the costs of replacement parts or equipment, or for extraordinary expenses, such as the costs of upgrading or replacing the Licensor Equipment. Licensor shall be responsible for and pay for any CWS License and O& M Agreement City of Martinez Page 3 and all damage to the Licensor Equipment caused or contributed to in whole or in part by the negligence or willful misconduct of Licensor or Licensor's employees, agents, contractors or subcontractors. 5. COUNTY MAINTENANCE. County will maintain the Licensor Equipment. County intends to initially maintain the Licensor Equipment by contracting with Hormann America, Inc. 6. PERMITS. Other than FCC licensing requirements, the parties are not aware of any governmental permit or license required for the operation of the Licensor Equipment. To the extent that any such permit or license is required, Licensor shall have no obligation to obtain or maintain such permit or license, but shall be obligated to advise County if it becomes aware of such requirement so that County may take action to secure any necessary permit or license. 7. TERM, TERMINATION. The term of this Agreement is one year. This Agreement shall be automatically renewed annually, on a year-to-year basis, unless terminated by either party at any time by providing thirty (30) days' written notice to the other. Notice shall be served personally or by certified mail, return receipt requested, addressed as follows, and shall be effective upon delivery at the indicated address: County: Licensor: County Administrator Chief of Police 651 Pine Street, 11"' Floor Martinez Police Department Martinez, CA 94553 525 Henrietta Street Martinez, CA 94553 The above information may be changed by either party by providing 30 days' written notice to the other. 8. EQUIPMENT REMOVAL. Upon either party providing 30 days' written notice of termination, County shall, within 30 days of receipt of such notice from Licensor, or thirty days of providing such notice to Licensor, and at County's expense, remove or cause the removal of all Licensor Equipment from Licensor property. Licensor shall allow entry onto Licensor property by County, its, agents, employees, contractors and subcontractors, as necessary for the removal of the Licensor Equipment. If this Agreement is terminated and County does not remove the equipment as required by this section, Licensor shall have the right to use, abandon, and/or dispose of the Licensor Equipment without compensation to County. CWS License and O&M Agreement City of Martinez Page 4 9. LIMITED RELEASE, INDEMNITY. Except to the extent caused by the negligence or willful misconduct of Licensor, in the event that a County employee, agent, contractor or subcontractor is injured or killed, or County property or the property of a County employee, agent, contractor or subcontractor is damaged while at Licensor property in connection with inspecting, installing, maintaining, repairing, replacing or removing Licensor Equipment, the County shall release Licensor and shall indemnify, defend and hold Licensor harmless from and against any and all liability to the County or to the County employee, agent, contractor or subcontractor, for such liability. County's agreement to release, indemnify, defend and hold Licensor harmless from liability to the County`or a County employee, agent, contractor or subcontractor as set forth in this section shall not extend to the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the negligence or willful misconduct of Licensor, its agents or contractors. Licensor shall remain responsible for said damages, expenses and attorneys fees in an amount proportionate to Licensor's negligence or willful misconduct without contribution to that portion from the County. 10. REMEDY. Except as provided in Section 9, the sole and exclusive remedy for any breach or default of this Agreement by either party shall be the termination of this Agreement in accordance with Section 7. Except as provided in section 9, under no circumstances is either party to receive or be subject to damages, including, but not limited to, special, incidental or consequential damages, or be entitled to or be subject to, any other remedy provided at law or equity for the breach, whether negligent or intentional, of this Agreement. 11. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. 12. AMENDMENT. This Agreement shall not be changed, modified or amended except in a writing signed by both parties. 13. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the parties regarding the operation, maintenance and repair of the Licensor Equipment and merges and supersedes all prior discussions, writings, agreements and understandings of the parties with respect to such matters. 14. NO RELIANCE ON PRIOR REPRESENTATION. Both parties agree that no person acting on behalf of the other (including, without limitation, any representative, employee or agent of CAER) has at any time been authorized to make any representation, promise or agreement of any kind or character regarding the Community Warning System and the Licensor Equipment. If any such representation, promise or agreement was made by any person, in any capacity, CWS License and O&M Agreement City of Martinez Page 5 neither party shall or is relying on such representation, promise or agreement, and expressly waives, releases and holds any such person and the other party harmless from any claim or liability due to such representation, promise or agreement. 15. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. The venue of any legal action between the parties arising out of this Agreement shall be Contra Costa County, California, which courts shall have exclusive jurisdiction over such legal action. 16. INVALID PROVISIONS. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 17. EMPLOYEES. Neither party's agents, employees, contractors or subcontractors shall be deemed to be the agents, employees, contractors or subcontractors of the other. 18. EMERGENCY. In the event of a natural disaster or accident, Licensor shall endeavor to take such actions as are reasonably necessary or appropriate to minimize damage to the Licensor Equipment. Licensor shall notify County as soon as practicable of its inability to protect the Licensor Equipment and shall abide by the County's instructions regarding the Licensor Equipment. 19. NO THIRD PARTY BENEFICIARIES. It is mutually recognized that the Licensor Equipment is operated to serve a public purpose; therefore, the County's population and other persons may incidentally benefit from this Agreement. However, it is not the intention of either the County or Licensor that such persons occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Agreement. This Agreement is by and between Licensor and County only, and except for the release provision in Section 14, is not intended to and does not benefit or grant any rights to any other person. 20. SURVIVAL. The provisions of sections 9, 10, 15, 16, 19, 20 and 22 shall survive the termination of this Agreement. 21. COUNTERPARTS. This Agreement may be executed in two counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 22. CONSTRUCTION. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience CWS License and O& M Agreement City of Martinez Page 6 of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date indicated below. CITY OF MARTINEZ, a Municipal CONTRA COSTA COUNTY, a political Corporation subdivision of the State of California By: By: ate: Bo rd Chair � �� Attest: Clerk of the Board of Supervisors .attest: By: / �Pluty Clerk 0 f Date: March 7,2001 H AHAZMAnCWS\O&M\0301 Wgeacy\marbnez.wpd FORVII APPROVED SILVANOSI,coun C unsel By Qeputy I . .�� �k.'.%:'�..'.I 1. � ., ... ..., ,. ,. .. . . .,. .., .. jA� � ji . CWS License and O&M Agreement City of Martinez Page 7 EXHIBIT A List of Licensor Equipment EXHIBIT B Site Plan Showing Current Location of Licensor Equipment Community Warninq System -Equipment List Facility: CWS Terminal — Martinez PD (mrtzpd) Description Model Number Quantity 12 VDC Power Supply Astron-RS-35BB 1 14" Monitor CTX1451 1 19" Steel Rack/fan/then-no MAP-N/A 1 19" Steel Rack Front Door MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 600 VA UPS APC-Smart UPS-600VA 1 1250 VA UPS APC-Smart UPS-1250VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyp haser-IS-B50LN- 1 CO CWS Terminal Computer Sage-AComp 1 CWS Terminal Console Sa a-ACON 1 M, K bd, Mouse Receiver EASY-AC233A 1 M, K bd, Mouse Xmitter Easy-AC231A 1 Mouse Microsoft-Serial Mouse 1 Keyboard Various 1 Various Cables & Connectors N/A Lot Last updated on March 6, 2001 Page- 21 i 'j ... ... .. . . ;i t� y 7 t .y ....... .............................. 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I r[ I` F" n �` b .tl :s{ `/ @ %%,n�, cr HtLE[nN�p MORELLOT__ T-R a�:•v -,:i-�::X1.1.,7'^W.,y. ...e '� u•i:;i: '.r,`N•. :F",�.��'� ."!A• ��+; dVW 335 CO 00 , O) N 4,- W N �- 0 < C O C b ;1 7 0 0 0 0 0 G O S EDo fb O C1 0 r LD ED 0 0 n X 0 [j, oRL roI co 1 0 In CID - ~ [o 0nj DY 2 N J S2 N W �! v N N N N N N N N ��! COMMUNITY WARNING SYSTEM LICENSE AND OPERATION AND MAINTENANCE AGREEMENT (City of Antioch) Effective on the date signed by both parties hereto, this License and Operation and Maintenance Agreement is made and entered into by and between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County") and CITY OF ANTIOCH, a Municipal Corporation ("Licensor"). 1. DEFINITIONS. As used herein, the following.terms have the following meanings. . A. "Agreement" means this License and Operation and Maintenance Agreement. B. "CAER" means the Contra Costa County CAER Group, Inc., a California non-profit corporation. C. "Community Warning System" or"CWS" means the emergency alerting, warning and notification system donated by CAER to County, as said system is modified from time to time by the County. D. "CWS Manuals" means those instructional manuals provided for the operation and maintenance of the CWS, including manuals provided from time to time for the operation and maintenance of the CWS following any repair, update, modification, or replacement of the CWS and its components. E. "Equipment" means the stationary terminal equipment, sirens, and other equipment and components that comprise the CWS. F. "Licensor Equipment" means the components of the CWS to be located on Licensor property pursuant to this Agreement, as said components may be added to, removed or modified by County from time to time. The current Licensor Equipment is more particularly described in EXHIBIT A, attached hereto and incorporated herein by this reference. G. "PERSON" includes an individual, a public agency, firm, partnership, corporation, or any other entity. 2. COUNTY LICENSE. Pursuant to the terms set forth in this Agreement, Licensor hereby grants to County, a license to install, locate, inspect, repair and maintain the Licensor Equipment on Licensor property located at 300 L Street, Antioch, California, at the locations shown on the site plan attached hereto as • }r ,` �\ t,\ y i ,`. ��� ,\ `\a c', �� ..`; :' � �, \, ',,\ 1 '� i\ i �� .r�Si �� F, �t - ... .t �, l \. t. \� 1` CWS License and O& M Agreement City of Antioch Page 2 EXHIBIT B and incorporated herein by this reference. Licensor further grants to County, its agents, employees, contractors and subcontractors, the right to enter Licensor property for the purposes of inspecting, repairing, maintaining, replacing or removing the Licensor Equipment, or for such other similar purposes associated with County's ownership of the Licensor Equipment. 3. ENTRY. Entry onto Licensor property by County, its agents, employees, contractors and subcontractors, shall be pursuant to and subject to the requirements of this section. Licensor may require that County agents', employees', contractors' and subcontractors' access to Licensor Equipment during regularly scheduled or routine inspection, maintenance, repair or replacement activity be subject to reasonable advance notice requirements. Licensor shall make arrangements with County for County's immediate access to Licensor Equipment as necessary for urgent or emergency activities. At Licensor's request, County shall designate in writing, those persons authorized to enter Licensor property on behalf of County. 4. LICENSOR RESPONSIBILITIES. A. Licensor shall operate the Licensor Equipment in conformity with the Community Warning System Operation Protocols developed and amended from time to time by County, the CWS Manuals, and/or as otherwise instructed by County. B. Licensor shall notify County in writing of any Licensor Equipment requiring maintenance, repair or replacement; provided that in the event of an urgent requirement for maintenance, repair or replacement, Licensor's initial notice may be oral, followed by written notice within five (5) days of the oral notice. County shall provide the names, telephone and pager numbers of those persons authorized to receive oral notification from Licensor of an urgent maintenance, repair or replacement requirement. Licensor shall provide the names, telephone and pager numbers of those Licensor employees authorized to provide oral notification on behalf of Licensor of an urgent requirement for maintenance, repair or replacement of any Licensor Facility Equipment. C. Licensor shall provide for the safety and security of the Licensor Equipment. D. Licensor shall be responsible for all normal day to day operating expenses of the Licensor Equipment, such as the salaries of Licensor employees and all utility expenses (including back-up power supplies). Licensor shall not be responsible for maintenance or repair costs, including the costs of replacement parts or equipment, or for extraordinary expenses, such as the costs of upgrading or replacing the Licensor Equipment. Licensor shall be responsible for and pay for any CWS License and O&M Agreement City of Antioch Page 3 and all damage to the Licensor Equipment caused or contributed to in whole or in part by the negligence or willful misconduct of Licensor or Licensor's employees, agents, contractors or subcontractors. 5. COUNTY MAINTENANCE. County will maintain the Licensor Equipment. County intends to initially maintain the Licensor Equipment by contracting with Hormann America, Inc. 6. PERMITS. Other than FCC licensing requirements, the parties are not aware of any governmental permit or license required for the operation of the Licensor Equipment. To the extent that any such permit or license is required, Licensor shall have no obligation to obtain or maintain such permit or license, but shall be•obligated to advise County if it becomes aware of such requirement so that County may take action to secure any necessary permit or license. 7. TERM, TERMINATION. The term of this Agreement is one year. This Agreement shall be automatically renewed annually, on a year-to-year basis, unless terminated by either party at any time by providing thirty (30) days' written notice to the other. Notice shall be served personally or by certified mail, return receipt requested, addressed as follows, and shall be effective upon delivery at the indicated address: County: Licensor: County Administrator Administrative Police Manager 651 Pine Street, 11' Floor Antioch Police Department Martinez, CA 94553 300 L Street Antioch, CA 94509 The above information may be changed by either party by providing 30 days' written notice to the other. 8. EQUIPMENT REMOVAL. Upon either party providing 30 days' written notice of termination, County shall, within 30 days of receipt of such notice from Licensor, or thirty days of providing such notice to Licensor, and at County's expense, remove or cause the removal of all Licensor Equipment from Licensor property. Licensor shall allow entry onto Licensor property by County, its, agents, employees, contractors and subcontractors, as necessary for the removal of the Licensor Equipment. If this Agreement is terminated and County does not remove the equipment as required by this section, Licensor shall have the right to use, abandon, and/or dispose of the Licensor Equipment without compensation to County. CWS License and O& M Agreement City of Antioch Page 4 9. LIMITED RELEASE, INDEMNITY. Except to the extent caused by the negligence or willful misconduct of Licensor, in the event that a County employee, agent, contractor or subcontractor is injured or killed, or County property or the property of a County employee, agent, contractor or subcontractor is damaged while at Licensor property in connection with inspecting, installing, maintaining, repairing, replacing or removing Licensor Equipment, the County shall release Licensor and shall indemnify, defend and hold Licensor harmless from and against any and all liability to the County or to the County employee, agent, contractor or subcontractor, for such liability. County's agreement to release, indemnify, defend and hold Licensor harmless from liability to the County or a County employee, agent, contractor or subcontractor as set forth in this section shall not extend to the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the negligence or willful misconduct of Licensor, its agents or contractors. Licensor shall remain responsible for said damages, expenses and attorneys fees in an amount proportionate to Licensor's negligence or willful misconduct without contribution to that portion from the County. 10. REMEDY. Except as provided in Section 9, the sole and exclusive remedy for any breach or default of this Agreement by either party shall be the termination of this Agreement in accordance with Section 7. Except as provided in section 9, under no circumstances is either party to receive or be subject to damages, including, but not limited to, special, incidental or consequential damages, or be entitled to or be subject to, any other remedy provided at law or equity for the breach, whether negligent or intentional, of this Agreement. 11. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. 12. AMENDMENT. This Agreement shall not be changed, modified or amended except in a writing signed by both parties. 13. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the parties regarding the operation, maintenance and repair of the Licensor Equipment and merges and supersedes all prior discussions, writings, agreements and understandings of the parties with respect to such matters. 14. NO RELIANCE ON PRIOR.REPRESENTATION. Both parties agree that no person acting on behalf of the other (including, without limitation, any representative, employee or agent of CAER) has at any time been authorized to make any representation, promise or agreement of any kind or character regarding the Community Warning System and the Licensor Equipment. If any such representation, promise or agreement was made by any person, in any capacity, CWS License and O&M Agreement City of Antioch Page 5 neither party shall or is relying on such representation, promise or agreement, and expressly waives, releases and holds any such person and the other party harmless from any claim or liability due to such representation, promise or agreement. 15. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. The venue of any legal action between the parties arising out of this Agreement shall be Contra Costa County, California, which courts shall have exclusive jurisdiction over such legal action. 16. INVALID PROVISIONS. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 17. EMPLOYEES. Neither party's agents, employees, contractors or subcontractors shall be deemed to be the agents, employees, contractors or subcontractors of the other. 18. EMERGENCY. In the event of a natural disaster or accident, Licensor shall endeavor to take such actions as are reasonably necessary or appropriate to minimize damage to the Licensor Equipment. Licensor shall notify County as soon as practicable of its inability to protect the Licensor Equipment and shall abide by the County's instructions regarding the Licensor Equipment. 19. NO THIRD PARTY BENEFICIARIES. It is mutually recognized that the Licensor Equipment is operated to serve a public purpose; therefore, the County's population and other persons may incidentally benefit from this Agreement. However, it is not the intention of either the County or Licensor that such persons occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Agreement. This Agreement is by and between Licensor and County only, and_' nd except for the release provision in Section 14, is not intended to and does not benefit or grant any rights to any other person. 20. SURVIVAL. The provisions of sections 9, 10, 15, 16, 19, 20 and 22 shall survive the termination of this Agreement. 21. COUNTERPARTS. This Agreement may be executed in two counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 22. CONSTRUCTION. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience CWS License and O& M Agreement City of Antioch Page 6 of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date indicated below. CITY OF ANTIOCH, a Municipal CONTRA COSTA COUNTY, a political Corporation subdivision of the State of California By: ,� By Bo9rd Chair Date: Attest: Clerk of the Board of Supervisors Attest: By: eputy Clerk Date: CIO March 7.2001 H:IHAZMATICW SIO&MI0301\agencylanboch.wpd FORM APPROVED APPROVED .AS TO FORM: SILVANO B.M S,County`ou Se By Deputy By: Wa" ,�. W6&;:— William R. Galstan City Attorney i CWS License and O&M Agreement City of Antioch Page 7 EXHIBIT A List of Licensor Equipment EXHIBIT B Site Plan Showing Current Location of Licensor Equipment Community Warning System -Equipment List Facility: CWS Terminal -Antioch PD 911 Center (antpd) Descri tion Model Number Quanti 12 VDC Power Supply Astron-RS-35BB 1 19° Monitor Sylvania 1 600 VA UPS APC-Smart UPS-600VA 1 2000 VA UPS APC-Smart UPS-2000VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA-PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyphaser-IS-B50LN-CO 1 CWS Terminal Computer Sage-AComp 1 CWS Terminal Console Sa a-ACON 1 M, Kybd, Mouse Receiver(1/0 EASY-AC233A 1 Driver M, Kybd, Mouse Xmitter (1/0 Easy-AC231A 1 Driver Mouse Microsoft-Serial Mouse 1 Keyboard Various 1 Printer with Hypercable 2 way HP 1 Various Cables & Connectors N/A Lot Last updated on March 6, 2001 Page- 10 Community Warning System -Equipment List Facility: Siren P02 —Antioch, Water Treatment Description Model Number Quantity SC50 Siren Head ASC-SC50 1 SC50 Controller w/cabinet ASC-SC50 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Mount Kit N/A 1 Utility Pole Class 1, 50' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-42 cu •..................................... ..`.E U _ `- c E rn 0)o o cm `- c 3 Q cn NCN +� o cn Y N V a c U o z° a)D a 3 cB O m ^` L W F U C a� () w O D O v c 6 ami 2 —o a� c > �:.= m c o ami E ocV' a d o O Q a oCL U cc� o rLC 70 M Y Q N p V C p O oUU Q, � D HU .� ;N :T ` O :� Yorn O :V � �•Y a oa CL m U a ® N a a) _ E o _a O a . [0 ;;• n M rAl CL c •...................................r -'-1 L q. 3 ��I o - �� *- � � - I I I I I� E .. . ZI I'I C1 �' 1-1' kim � \3 , j. ;��/ �"�\'+J�.�'a�-o'•a'�^ �� lY/'",� I � Imo] � I rI TL1:1-Lr M o Drn > 4 rO I.T' FII iClrL iT ° u.jj._ _ 6 t 03/16/2001 07:36 FAX 9257790272 Jon 9 Billeci Z002 r' e� UN 'Th i4'� ur' 01[c[[� • s Y . Il \ I�, , ' r s I `•� I I� pnan.w,na f I jl R i' •I z i 1 ' \A S • i i r LICENSE AGREEMENT (West Contra Costa Unified School District and County) 1. PARTIES. Effective on the date signed by both parties hereto, this LICENSE AGREEMENT is entered into by and between the WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT ("Licensor"), the owner of the real property located at 810 Ohio Street, Richmond, California, commonly.known as the School's Warehouse (the "Property"), and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County"). 2. COMMUNITY WARNING SYSTEM EQUIPMENT. A. County intends to accept or has accepted as a donation from the Contra Costa CAER Group, Inc., a Community Warning System. The Community Warning System includes certain equipment (such as sirens) located at various sites. B. A portion of the equipment (the "Subject Equipment") is located on the Property. The Subject Equipment is identified on EXHIBIT "A" attached hereto and incorporated herein by this reference, and located in the area of the Property shown on EXHIBIT "B" attached hereto and incorporated herein by this reference. 3. LICENSE. Licensor hereby grants to County (including its agents, employees and contractors) a license and right to enter the Property, at County's discretion, for the purposes of installing, inspecting, maintaining, repairing, replacing and removing the Subject Equipment, including all necessary rights of access. 4. LIMITED RELEASE, INDEMNITY. Except to the extent caused by the negligence or willful misconduct of Licensor, if a County employee or agent is injured or killed, or County property or the property of a County employee or agent is damaged, while at the Property pursuant to the rights granted hereunder, County shall release Licensor, and shall indemnify, defend and hold Licensor harmless from and against any and all liability to County or to County's employee or agent for such injury, death or damage to County property or the property of a County employee or agent. County's agreement to release, indemnify, defend and hold Licensor harmless from liability to the County or a County employee or agent as set forth in this section shall not extend to the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the negligence or willful misconduct of Licensor, its agents or contractors. Licensor shall remain responsible for said damages, expenses and attorneys fees in an amount proportionate to Licensor's negligence or willful misconduct without contribution to that portion from the County. 5. TERM, TERMINATION. The term of this License Agreement shall be one year, commencing on the effective date. Thereafter, this License Agreement shall be automatically renewed annually, on a year-to-year basis. This License Agreement may ,� - ! , 1 i 1 � . i } t _ i - , i `� t 1l - i 1� .. �� 1 �� t :`, -� :. 1 ��, i . ��. :. I�: :,. �;. : � I , . y r:._ . � I i i `.;,_ ,` i r i i i t i 4 i 1 LICENSE AGREEMENT West Contra Costa Unified School District and County Page 2 be terminated at any time by either party upon thirty days' prior written notice to the other. 6. NOTICE. Notice hereunder shall be served personally or by certified mail, return receipt requested, addressed as follows, and shall be effective upon delivery at the indicated address: Licensor: County: District Superintendent County Administrator West Contra Costa Unified School District 651 Pine Street, 11"' Floor 1108 Bissell Ave, Martinez, CA 94553 Richmond, CA 94801 The above information may be changed by either party by providing thirty days notice to the other. 7. REMOVAL. County shall promptly remove the Subject Equipment upon termination of this License Agreement. If this License Agreement is terminated and County does not remove the Subject Equipment within ninety (90) days after the termination date set forth in the termination notice, Licensor shall have the right to use, abandon and/or dispose of the Subject Equipment without compensation to County.. 8. ENTRY NOTICE. Except in an emergency, County shall provide Licensor at least 24-hours' advance notice, which may be by telephone, at the address and telephone number written above, before entering the Property. 9 UTILITIES. Licensor shall provide and pay for all utilities for the Subject Equipment. 10. NO THIRD PARTY BENEFICIARIES. It is mutually recognized that the Subject Equipment is intended to serve a public purpose; therefore, the County's population and other persons and entities, may incidentally benefit from this License Agreement. However, it is not the intention of either County or Licensor that such persons or entities occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this License Agreement. This License Agreement is by and between Licensor and County only, and is not intended to and does not benefit or grant any rights to any other person or entity. 11. REMEDY. Except as provided in Section 4 (Limited Release and Indemnity), the sole and exclusive remedy for any breach or default of this License .� 1 ,\ ,` 5 5 :4 �\ .` '� r ti i ,` �` . , . +� }: �_ _t`,r \t\r, ``` � _ `\ �` '.` �, t ,} ,` .` ;` 1\,,� LICENSE AGREEMENT West Contra Costa Unified School District and County Pago 3 Agreement by either party shall be the termination of this License Agreement in accordance with Section 5 (Term, Termination). Except as provided in Section 4 (Limited Release and Indemnity), under no circumstances is either party to receive or be subject to damages, including, but not limited to, special, incidental or consequential damages, or be entitled to or be subject to, any other remedy provided at law or equity for the breach, whether negligent or intentional, of this License Agreement. 12. SUCCESSORS AND ASSIGNS. This License Agreement shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. 13. AMENDMENT. This License Agreement may not be changed, modified or amended except in a writing signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the date(s) indicated below. WEST CONTRA COSTA UNIFIED COUNTY OF CONTRA COSTA SCHOOL DISTRICT _�,,�� By;�- :� By: Date: 0310f Date: Attest: Clerk of the Board of Supervisors. Attest:/� , By �f�a?3�61 Deputy H:\HAZMATICWSIAGROTH\0301\westccunified.wpd FO APPROVED SILVAN B.M SI,County of By Deputy �: - •"� - -- I i I ,i I i i I I i i i ' � , I " I . . " i _. i i � ' i i i " I _ i i i �, �I I .. t�. ., •J.���: 41 i .. ... .... �.. . I i I i i ,I i i i Community Wamina System -Equipment List Facility: Siren R02 — Richmond, School Warehouse Description Model Number Quant! SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console -ASC-Com uLert 1 Action Receiver Cabinet Robro ,J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables &Conduit N/A 1 Last updated on March 6, 2001 Page-46 Oil �'C b � G N ✓ A - t/1 d '!i t � Ulm a tn 0 0 y a 7 O ca � O a d ro O U N _ A A A N -4 .�-. cn ' \i A' �dQ X Q 4 .► p cm 2 4� CoCA cil �b � (� N w � LICENSE AGREEMENT (Mount Diablo Unified School District and County) 1. PARTIES. Effective on the date signed by both parties hereto, this LICENSE AGREEMENT is entered into by and between the MOUNT DIABLO UNIFIED SCHOOL DISTRICT ("Licensor"), the owner of the real property located at 205 Pacifica Ave., Bay Point, California, commonly referred to as Riverview Middle School (the "Property"), and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County"). 2. COMMUNITY WARNING SYSTEM EQUIPMENT. A. County intends to accept or has accepted as a donation from the Contra Costa CAER Group, Inc., a Community Warning System. The Community Warning System includes certain equipment (such as sirens) located at various sites. B. A portion of the equipment (the "Subject Equipment") is located on the Property. The Subject Equipment is identified on EXHIBIT "A" attached hereto and incorporated herein by this reference, and located in the area of the Property shown on EXHIBIT "B" attached hereto and incorporated herein by this reference. 3. LICENSE. Licensor hereby grants to County (including its agents, employees and contractors) a license and right to enter the Property, at County's discretion, for the purposes of installing, inspecting, maintaining, repairing, replacing and removing the Subject Equipment, including all necessary rights of access. 4. LIMITED RELEASE, INDEMNITY. Except to the extent caused by the negligence or willful misconduct of Licensor, if a County employee or agent is injured-or killed, or County property or the property of a County employee or agent is damaged, while at the Property pursuant to the rights granted hereunder, County shall release Licensor, and shall indemnify, defend and hold Licensor harmless from and against any and all liability to County or to County's employee or agent for such injury, death or damage to County property or the property of a County employee or agent. County's agreement to release, indemnify, defend and hold Licensor harmless from liability to the County or a County employee or agent as set forth in this section shall not extend to the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the negligence or willful misconduct of Licensor, its agents or contractors. Licensor shall remain responsible for said damages, expenses and attorneys.fees in an amount proportionate to Licensor's negligence or willful misconduct without contribution to that portion from the County. 5. TERM, TERMINATION. The term of this License Agreement shall be one year, commencing on the effective date. Thereafter, this License Agreement shall be automatically renewed annually, on a year-to-year basis. This License Agreement may LICENSE AGREEMENT Mt. Diablo Unified School District and County Page 2 be terminated at any time by either party upon thirty days' prior written notice to the other. 6. NOTICE. Notice hereunder shall be served personally or by certified mail, return receipt requested, addressed as follows, and shall be effective upon delivery at the indicated address: Licensor: County: District Superintendent County Administrator Mount Diablo Unified School District 651 Pine Street, 11 ti" Floor 1936 Carlotta Drive Martinez, CA 94553 Concord, CA 94518 The above information may be changed by either party by providing thirty days notice to the other. 7. REMOVAL. County shall promptly remove the Subject Equipment upon termination of this License Agreement. If this License Agreement is terminated and County does not remove the Subject Equipment within ninety(90) days after the termination date set forth in the termination notice, Licensor shall have the right to use, abandon and/or dispose of the Subject Equipment without compensation to County. 8. ENTRY NOTICE. Except in an emergency, County shall provide Licensor at least 24-hours' advance notice, which may be by telephone, at the address and telephone number written above, before entering the Property. 9 UTILITIES. Licensor shall provide and pay for all utilities for the Subject Equipment. 10. NO THIRD PARTY BENEFICIARIES. It is mutually recognized that the Subject Equipment is intended to serve a public purpose; therefore, the County's population and other persons and entities, may incidentally benefit from this License Agreement. However, it is not the intention of either County or Licensor that such persons or entities occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this License Agreement. This License Agreement is by and between Licensor and County only, and is not intended to and does not benefit or grant any rights to any other person or entity. 11. REMEDY. Except as provided in Section 4 (Limited Release and Indemnity), the sole and exclusive remedy for any breach or default of this License LICENSE AGREEMENT Mt. Diablo Unified School District and County Page 3 Agreement by either party shall be the termination of this License Agreement in accordance with Section 5 (Term, Termination). Except as provided in Section 4 (Limited Release and Indemnity), under no circumstances is either party to receive or be subject to damages, including, but not limited to, special, incidental or consequential damages, or be entitled to or be subject to, any other remedy provided at law or equity for the breach, whether negligent or intentional, of this License Agreement. 12. SUCCESSORS AND ASSIGNS. This License Agreement shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. 13. AMENDMENT. This License Agreement may not be changed, modified or amended except in a writing signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the date(s) indicated below. MOUNT DIABLO UNIFIED SCHOOL COUNTY OF CONTRA COSTA DISTRICT 1 By By: Date: Date: l Attest: Cler of the Board of Supervisors. Attest: By Deputy FORM APPROVED H:WAZMAMCWSWGROTH103011mtdiablounified.wpd SILVANO B. SI,County C 81 4 Deputy I i t i I i i I i i i I i i t I i i i i i i I i I i i I I i i I i I i i i Community warning System -Equipment List Facility: Siren B01 — Bay Point, Riverview School Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page- 34 Siren location ID CDg r M 5 • f - v � 1• 1 � i � • • % t e • --..� 1 x • ' r ip! Project: Contra Costa CommunityWarning System 1 SAGE r• Alerting Syatems. Inc. 700 Canal Sheet.Slomfora c106902 Mr Tel:(2031357 1464 Fat(2031367 1531 (610)370 7604 Fac(510)370 7606 Sublect BAYPOINT SIREN Installation plan - location Name&date: Efrolm Peter Aug. 15. 1995 1. LICENSE AGREEMENT (Pittsburg Unified School District and County) 1. PARTIES. Effective on the date signed by both parties hereto, this LICENSE AGREEMENT is entered into by and between the PITTSBURG UNIFIED SCHOOL DISTRICT ("Licensor"), the owner of the real property located at 20 East 10"' Street, Pittsburg, California, commonly known as the Pittsburg Adult Education Center (the "Property"), and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County"). 2. COMMUNITY WARNING SYSTEM EQUIPMENT. A. County intends to accept or has accepted as a donation from the Contra Costa CAER Group, Inc., a Community Warning System. The Community Warning System includes certain equipment (such as sirens) located at various sites. B. A portion of the equipment (the "Subject Equipment") is located on the Property. The Subject Equipment is identified on EXHIBIT "A" attached hereto and incorporated herein by this reference, and located in the area of the Property shown on EXHIBIT "B" attached hereto and incorporated herein by this reference. 3. LICENSE. Licensor hereby grants to County (including its agents, employees and contractors) a license and right to enter the Property, at County's discretion, for the purposes of installing, inspecting, maintaining, repairing, replacing and removing the Subject Equipment, including all necessary rights of access. 4. LIMITED RELEASE, INDEMNITY. Except to the extent caused by the negligence or willful misconduct of Licensor, if a County employee or agent is injured or killed, or County property or the property of a County employee or agent is damaged, while at the Property pursuant to the rights granted hereunder, County shall release Licensor, and shall indemnify,,defend and hold Licensor harmless from and against any and all liability to County or to County's employee or agent for such injury, death or damage to County property or the property of a County employee or agent. County's agreement to release, indemnify, defend and hold Licensor harmless from liability to the County or a County employee or agent as set forth in this section shall not extend to the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the negligence or willful misconduct of Licensor, its agents or contractors. Licensor shall remain responsible for said damages, expenses and attorneys fees in an amount proportionate to Licensor's negligence or willful misconduct without contribution to that portion from the County. 5. TERM, TERMINATION. The term of this License Agreement shall be one year, commencing on the effective date. Thereafter, this License Agreement shall be automatically renewed annually, on a year-to-year basis. This License Agreement may LICENSE AGREEMENT Pittsburg Unified School District and County Page 2 be terminated at any time by either party upon thirty days' prior written notice to the other. 6. NOTICE. Notice hereunder shall be served personally or by certified mail, return receipt requested, addressed as follows, and shall be effective upon delivery at the indicated address: Licensor: County: District Superintendent County Administrator Pittsburg Unified School District 651 Pine Street, 11 m Floor 2000 Railroad Ave. Martinez, CA 94553 Pittsburg, CA 94565 The above information may be changed by either party by providing thirty days notice to the other. 7. REMOVAL. County shall promptly remove the Subject Equipment upon termination of this License Agreement. If this License Agreement is terminated and County does not remove the Subject Equipment within ninety (90) days after the termination date set forth in the termination notice, Licensor shall have the right to use, abandon and/or dispose of the Subject Equipment without compensation to County. 8. ENTRY NOTICE. Except in an emergency, County shall provide Licensor at least 24-hours' advance notice, which may be by telephone, at the address and telephone number written above, before entering the Property. 9 UTILITIES. Licensor shall provide and pay for all utilities for the Subject Equipment. 10. NO THIRD PARTY BENEFICIARIES. It is mutually recognized that the Subject Equipment is intended to serve a public purpose; therefore, the County's population and other persons and entities, may incidentally benefit from this License Agreement. However, it is not the intention of either County or Licensor that such persons or entities occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this License Agreement. This License Agreement is by and between Licensor and County only, and is not intended to and does not benefit or grant any rights to any other person or entity. 11. REMEDY. Except as provided in Section 4 (Limited Release and Indemnity), the sole and exclusive remedy for any breach or default of this License LICENSE AGREEMENT Pittsburg Unified School District and County Page 3 Agreement by either party shall be the termination of this License Agreement in accordance with Section 5 (Term, Termination). Except as provided in Section 4 (Limited Release and Indemnity), under no circumstances is either party to receive or be subject to damages, including, but not limited to, special, incidental or consequential damages, or be entitled to or be subject to, any other remedy provided at law or equity for the breach, whether negligent or intentional, of this License Agreement. 12. SUCCESSORS AND ASSIGNS. This License Agreement shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. 13. AMENDMENT. This License Agreement may not be changed, modified or amended except in a writing signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the date(s) indicated below. PITTSBURG UNIFIED SCHOOL COUNTY OF CONTRA COSTA DISTRICT B� By: /' Date: � � at ��6�D ! Attest: rk of the Board of Supervisors. Attest: By Depu y H:\HAZMAT\CWS\AGROTH\0301\pittsburgunified.wpd FORM APPROVED SUANO B. SI,CCU*C u By Deputy Community Warning System - Equipment List Facility: Siren S01 — Pittsburg, Railryard Description Model Number Quantity SC20 Siren Head ASC-SC20 1 SC20 Controller w/cabinet ASC-SC20 1 SC20 Batteries w/cabinet N/A 1 Com uLert Console ASC-Com uLert 1 Action Receiver Cabinet Robro -J1816HPL 1 Disconnect Switch/Fuse Box N/A 1 VHF Antenna Mount N/A 1 VHF Antenna N/A 1 Maxtrac Radio Motorola 1 Utility Pole Class 1, 40' 1 Associated cables & Conduit N/A 1 Last updated on March 6, 2001 Page-67 � Y vp ' SI E L F2 Q F2 � LL� a i a 2 A P4 d3t3lp, @ fi 4'rte pA 381' 00 i � 2 'k O r � R p U q 4 C q ry R i f^ Y Output Specifications: Power Requirements: Rating at 100 feet input Voltage 120 )VAC,50-60 Hz 120 dB (C)Qa 100Ft./30m Charger Current 8, Amps AC (max.) Input Service: 30 Amps AC (max.) SIgnal Format: Continuos Signal Time: 15 minutes tuna AC po, . F4I,jn) .erFE YU Guidelines) Standby Time: 21 Days ALERT Environmental Parameters: A7TACx System'parts and components are capable of service within the following ranges: FIRE Operating Temperature 40'C(407)to 60'C(140'F) Storage Temperature -65'C(-8S*n to 125'C(2577) TEST Humidity 0 % to 100 Wind Specd/Operatlonad 100 mph+ Physical Dimensions and Weights: �5tea Diameter 30 (in.) 76 (cm) 1tyti6 Height 36 (in.) 92 (cm) V� Weight(crated) 390 (lbs.) 177 (Kg) All specifications and decibel ratings on American equipment listed are based on testing done by independent and/.or professionrl engineers under ideal weather conditions. Test 10 Meters above ground results may vary depending on various factors, including (32 feet) weather. Systems should be designed accordingly. Electrical service Class 1 wooden pole weather head r � y +C Control cabinet ,.� 2.4 meters above ground Prolect: (8 feet) Contra Costa Community Warning System SAGE Alerting Systems, Inc. 700 Canal Street Stamford.CI 06902 GRADE LEVELTel:(203)351 1404 Fax:(203 357 1631 _ (510)3 701604 Fax(510)370 7606 1 � , Subject Slren SC-20 POLE INSTALLATION PLAN j clean dirt backfill Name&date: 2.4 meters UG a Efraim Petel, Feb. 27, 1896 (8 feet underground) °°-Elle: sc20Pot_E.cDR COMMUNITY WARNING SYSTEM LICENSE AND OPERATION AND MAINTENANCE AGREEMENT (San Ramon Valley Fire Protection District) Effective on the date signed by both parties hereto, this License and Operation and Maintenance Agreement is made and entered into by and between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County") and the SAN RAMON VALLEY FIRE PROTECTION DISTRICT ("Licensor"). 1. DEFINITIONS. As used herein, the following terms have the following meanings. A. "Agreement" means this License and Operation and Maintenance Agreement. B. "CAER" means the Contra Costa County CAER Group, Inc., a California non-profit corporation. C. "Community Warning System" or"CWS" means the emergency alerting, warning and notification system donated by CAER to County, as said system is modified from time to time by the County. C D. "CWS Manuals" means those instructional manuals provided for the operation and maintenance of the CWS, including manuals provided from time to time for the operation and maintenance of the CWS following any repair, update, modification, or replacement of the CWS and its components. E. "Equipment" means the stationary terminal equipment, sirens, and other equipment and components that comprise the CWS. F. "Licensor Equipment' means the components of the CWS to be located on Licensor property pursuant to this Agreement, as said components may be added to, removed or modified by County from time to time. The current Licensor Equipment is more particularly described in EXHIBIT A, attached hereto and incorporated herein by this reference. G. "PERSON" includes an individual, a public agency, firm, partnership, corporation, or any other entity. 2. COUNTY LICENSE. Pursuant to the terms set forth in this Agreement, Licensor hereby grants to County, a license to install, locate, inspect, repair and maintain the Licensor Equipment on Licensor property located at 1500 Bollinger Canyon Road, San Ramon, California at the locations shown on the site plan CWS License and O& M Agreement San Ramon Valley Fire Protection District Page 2 attached hereto as EXHIBIT B and incorporated herein by this reference. Licensor further grants to County, its agents, employees, contractors and subcontractors, the right to enter Licensor property for the purposes of inspecting, repairing, maintaining, replacing or removing the Licensor Equipment, or for such other similar purposes associated with County's ownership of the Licensor Equipment. 3. ENTRY. Entry onto Licensor property by County, its agents, employees, contractors and subcontractors, shall be pursuant to and subject to the requirements of this section. Licensor may require that County agents', employees', contractors' and subcontractors' access to Licensor Equipment during regularly scheduled or routine inspection, maintenance, repair or replacement activity be subject to reasonable advance notice requirements. Licensor shall make arrangements with County for County's immediate access to Licensor Equipment as necessary for urgent or emergency activities. At Licensor's request, County shall designate in writing, those persons authorized to enter Licensor property on behalf of County. 4. LICENSOR RESPONSIBILITIES. A. Licensor shall operate the Licensor Equipment in conformity with the Community Warning System Operation Protocols developed and amended from time to time by County, the CWS Manuals, and/or as otherwise instructed by County. B. Licensor shall notify County in writing of any Licensor Equipment requiring maintenance, repair or replacement; provided that in the event of an urgent requirement for maintenance, repair or replacement, Licensor's initial notice may be oral, followed by written notice within five (5) days of the oral notice. County shall provide the names, telephone and pager numbers of those persons authorized to receive oral notification from Licensor of an urgent maintenance, repair or replacement requirement. Licensor shall provide the names, telephone and pager numbers of those Licensor employees authorized to provide oral notification on behalf of Licensor of an urgent requirement for maintenance, repair or replacement of any Licensor Facility Equipment. C. Licensor shall provide for the safety and security of the Licensor Equipment. D. Licensor shall be responsible for all normal day to day operating expenses of the Licensor Equipment, such as the salaries of Licensor employees and all utility expenses (including back-up power supplies). Licensor shall not be responsible for maintenance or repair costs, including the costs of replacement parts or equipment, or for extraordinary expenses, such as the costs of upgrading or replacing the Licensor Equipment. Licensor shall be responsible for and pay for any CWS License and O&M Agreement San Ramon Valley Fire Protection District Page 3 and all damage to the Licensor Equipment caused or contributed to in whole or in part by the negligence or willful misconduct of Licensor or Licensor's employees, agents, contractors or subcontractors. 5. COUNTY MAINTENANCE. County will maintain the Licensor Equipment. County intends to initially maintain the Licensor Equipment by contracting with Hormann America, Inc. 6. PERMITS. Other than FCC licensing requirements, the parties are not aware of any governmental permit or license required for the operation of the Licensor Equipment. To the extent that any such permit or license is required, Licensor shall have no obligation to obtain or maintain such permit or license, but shall be obligated to advise County if it becomes aware of such requirement so that County may take action to secure any necessary permit or license. 7. TERM, TERMINATION. The term of this Agreement is one year. This Agreement shall be automatically renewed annually, on a year-to-year basis, unless terminated by either party at any time by providing thirty (30) days' written notice to the other. Notice shall be served personally or by certified mail, return receipt requested, addressed as follows, and shall be effective upon delivery at the indicated address: County: Licensor: County Administrator San Ramon Valley Fire Protection District 651 Pine Street, 1 Vh Floor 1500 Bollinger Canyon Road Martinez, CA 94553 San Ramon, CA 94583 The above information may be changed by either party by providing 30 days' written notice to the other. 8. EQUIPMENT REMOVAL. Upon either party providing 30 days' written notice of termination, County shall, within 30 days of receipt of such notice from Licensor, or thirty days of providing such notice to Licensor, and at County's expense, remove or cause the removal of all Licensor Equipment from Licensor property. Licensor shall allow entry onto Licensor property by County, its, agents, employees, contractors and subcontractors, as necessary for the removal of the Licensor Equipment. If this Agreement is terminated and County does not remove the equipment as required by this section, Licensor shall have the right to use, abandon, and/or dispose of the Licensor Equipment without compensation to County. 9. LIMITED RELEASE, INDEMNITY. Except to the extent caused by the CWS License and O& M Agreement San Ramon Valley Fire Protection District Page 4 negligence or willful misconduct of Licensor, in the event that a County employee, agent, contractor or subcontractor is injured or killed, or County property or the property of a County employee, agent, contractor or subcontractor is damaged while at Licensor property in connection with inspecting, installing, maintaining, repairing, replacing or removing Licensor Equipment, the County shall release Licensor and shall indemnify, defend and hold Licensor harmless from and against any and all liability to the County or to the County employee, agent, contractor or subcontractor, for such liability. County's agreement to release, indemnify, defend and hold Licensor harmless from liability to the County or a County employee, agent, contractor or subcontractor as set forth in this section shall not extend to.the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the negligence or willful misconduct of Licensor, its agents or contractors. Licensor shall remain responsible for said damages, expenses and attorneys fees in an amount proportionate to Licensor's negligence or willful misconduct without contribution to that portion from the County. 10. REMEDY. Except as provided in Section 9, the sole and exclusive remedy for any breach or default of this Agreement by either party shall be the termination of this Agreement in accordance with Section 7. Except as provided in section 9, under no circumstances is either party to receive or be subject to damages, including, but not limited to, special, incidental or consequential damages, or be entitled to or be subject to, any other remedy provided at law or equity for the breach, whether negligent or intentional, of this Agreement. 11. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. 12. AMENDMENT. This Agreement shall not be changed, modified or amended except in a writing signed by both parties. 13. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the parties regarding the operation, maintenance and repair of the Licensor Equipment and merges and supersedes all prior discussions, writings, agreements and understandings of the parties with respect to such matters. 14. NO RELIANCE ON PRIOR REPRESENTATION. Both parties agree that no person acting on behalf of the other (including, without limitation, any representative, employee or agent of CAER) has at any time been authorized to make any representation, promise or agreement of any kind or character regarding the Community Warning System and the Licensor Equipment. If any such representation, promise or agreement was made by any person, in any capacity, neither party shall or is relying on such representation, promise or agreement, and CWS License and O&M Agreement San Ramon Valley Fire Protection District Page 5 expressly waives, releases and holds any such person and the other party harmless from any claim or liability due to such representation,.prom ise or agreement. 15. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. The venue of any legal action between the parties arising out of this Agreement shall be Contra Costa County, California, which courts shall have exclusive jurisdiction over such legal action. 16. INVALID PROVISIONS. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 17. EMPLOYEES. Neither party's agents, employees, contractors or subcontractors shall be deemed to be the agents, employees, contractors or subcontractors of the other. 18. EMERGENCY. In the event of a natural disaster or accident, Licensor shall endeavor to take such actions as are reasonably necessary or appropriate to minimize damage to the Licensor Equipment. Licensor shall notify County as soon as practicable of its inability to protect the Licensor Equipment and shall abide by the County's instructions regarding the Licensor Equipment. 19. NO THIRD PARTY BENEFICIARIES. It is mutually recognized that the Licensor Equipment is operated to serve a public purpose; therefore, the County's population and other persons may incidentally benefit from this Agreement. However, it is not the intention of either the County or Licensor that such persons occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Agreement. This Agreement is by and between Licensor and County only, and except for the release provision in Section 14, is not intended to and does not benefit or grant any rights to any other person. 20. SURVIVAL. The provisions of sections 9, 10, 15, 16, 19, 20 and 22 shall survive the termination of this Agreement. 21. COUNTERPARTS. This Agreement may be executed in two counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 22. CONSTRUCTION. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of CWS License and O& M Agreement San Ramon Valley Fire Protection District Page 6 this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date indicated below. San Ramon Valley Fire Protection CONTRA COSTA COUNTY, a political District subdivision of the State of California By: By: B rd Chair Date: 3LZZ) t Attest: Clerk of the Board of Supervisors Attest: By: eputy Clerk Date: G � March 7,2001 H:\HAZMAT\CWS\O&M\0301\agency\sanramon.wpd FO APPROVED SUANO B. ESI,Oeunty u sel By Deputy CWS License and 0&M Agreement San Ramon Valley Fire Protection District Page 7 EXHIBIT A List of Licensor Equipment EXHIBIT B Site Plan Shoaling Current Location of Licensor Equipment Community Warning System -Equipment List Facility: CWS Terminal — San Ramon Fire (srfire) Description Model Number Quantity 12 VDC Power Supply Astron-RS-35613 1 14" Rack Mount Monitor CTX-1451 ES 1 19" Steel Rack/fan/thermo MAP-N/A 1 19" Steel Rack Rear Door MAP-N/A 1 600 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA -PK90 1 Maxtrac LB Data Motorola-D51 MJAWA3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyphaser-IS-8501-N- 1 CO Pentium Computer Sa e-ACom 1 Mouse/ Keyboard shelf MAP-N/A 1 Mouse Microsoft-Serial Mouse 1 Keyboard Various 1 Strobe/Buzzer RS-Strobe 1 Various Cables & Connectors N/A Lot Last updated on March 6, 2001 Page-20 Uc IE — E E rn •L C) M L _aN E > ,qt NU_ H < Q N O V c C -0U U,c U > aCL N 0 o � �m Z ,� E -t C CU E LV rn OO C 0 co :>: �U 'oE aiOE ° m CL o c E a Z 0 mo� VE o -CM oa uO 00 o ° ai w E L a Y O � v � = Y a Oa N Q- _ 0 ) 0 04 CV a) f� m � U � O M d 0 ST N C « - t Q J 2.. Itu COMMUNITY WARNING SYSTEM LICENSE AND OPERATION AND MAINTENANCE AGREEMENT (Bay Area Air Quality Management District) Effective on the date signed by both parties hereto, this License and Operation and Maintenance Agreement is made and entered into by and between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County") and the BAY AREA AIR QUALITY MANAGEMENT DISTRICT ("Licensor"). 1. DEFINITIONS. As used herein, the following terms have the following meanings. A. "Agreement' means this License and Operation and Maintenance Agreement. B. "CAER" means the Contra Costa County CAER Group, Inc., a California non-profit corporation. C. "Community Warning System" or "CWS" means the emergency alerting, warning and notification system donated by CAER to County, as said system is modified from time to time by the County. D. "CWS Manuals' means those instructional manuals provided for the operation and maintenance of the CWS, including manuals provided from time to time for the operation and maintenance of the CWS following any repair, update, modification, or replacement of the CWS and its components. E. "Equipment' means the stationary terminal equipment, sirens, and other equipment and components that comprise the CWS. F. "Licensor Equipment' means the components of the CWS to be located on Licensor property pursuant to this Agreement, as said components may be added to, removed or modified by County from time to time. The current Licensor Equipment is more particularly described in EXHIBIT A, attached hereto and incorporated herein by this reference. G. "PERSON" includes an individual, a public agency, firm, partnership, corporation, or any other entity. 2. COUNTY LICENSE. Pursuant to the terms set forth in this Agreement, Licensor hereby grants to County, a license to install, locate, inspect, repair and CWS License and O & M Agreement Say Area Air Quality Management District Page 2 maintain the Licensor Equipment on Licensor property located at 939 Ellis Street, San Francisco, California, at the locations shown on the site plan attached hereto as EXHIBIT B and incorporated herein by this reference. Licensor further grants to County, its agents, employees, contractors and subcontractors, the right to enter Licensor property for the purposes of inspecting, repairing, maintaining, replacing or removing the Licensor Equipment, or for such other similar purposes associated with County's ownership of the Licensor Equipment. 3. ENTRY. Entry onto Licensor property by County, its agents, employees, contractors and subcontractors, shall be pursuant to and subject to the requirements of this section. Licensor may require that County agents', employees', contractors' and subcontractors' access to Licensor Equipment during regularly scheduled or routine inspection, maintenance, repair or replacement activity be subject to reasonable advance notice requirements. Licensor shall make arrangements with County for County's immediate access to Licensor Equipment as necessary for urgent or emergency activities. At Licensor's request, County shall designate in writing, those persons authorized to enter Licensor property on behalf of County. 4. LICENSOR RESPONSIBILITIES. A. Licensor shall operate the Licensor Equipment in conformity with the Community Warning System Operation Protocols developed and amended from .time to time by County, the CWS Manuals, and/or as otherwise instructed by County. B. Licensor shall notify County in writing of any Licensor Equipment requiring maintenance, repair or replacement; provided that in the event of an urgent requirement for maintenance, repair or replacement, Licensor's initial notice may be oral, followed by written notice within five (5) days of the oral notice. County shall provide the names, telephone and pager numbers of those persons authorized to receive oral notification from Licensor of an urgent maintenance, repair or replacement requirement. Licensor shall provide the names, telephone and pager numbers of those Licensor employees authorized to provide oral notification on behalf of Licensor of an urgent requirement for maintenance, repair or replacement of any Licensor Facility Equipment. C. Licensor shall provide for the safety and security of the Licensor Equipment. D. Licensor shall be responsible for all normal day to day operating expenses of the Licensor Equipment, such as the salaries of Licensor employees and all utility expenses (including back-up power supplies). Licensor shall not be responsible for maintenance or repair costs, including the costs of replacement parts CWS License and O & M Agreement Bay Area Air Quality Management District Page 3 or equipment, or for extraordinary expenses, such as the costs of upgrading or replacing the Licensor Equipment. Licensor shall be responsible for and pay for any and all damage to the Licensor Equipment caused or contributed to in whole or in part by the negligence or willful misconduct of Licensor or Licensor's employees, agents, contractors or subcontractors. 5. COUNTY MAINTENANCE. County will maintain the Licensor Equipment. County intends to initially maintain the Licensor Equipment by contracting with Hormann America, Inc. 6. PERMITS. Other than FCC licensing requirements, the parties are not aware of any governmental permit or license required for the operation of the Licensor Equipment. To the extent that any such permit or license is required, Licensor shall have no obligation to obtain or maintain such permit or license, but shall be obligated to advise County if it becomes aware of such requirement so that County may take action to secure any necessary permit or license. 7. TERM, TERMINATION. The term of this Agreement is one year. This Agreement shall be automatically renewed annually, on a year-to-year basis, unless terminated by either party at any time by providing thirty (30) days' written notice to the other. Notice shall be served personally or by certified mail, return receipt requested, addressed as follows, and shall be effective upon delivery at the indicated address.- County: ddress:County: Licensor: County Administrator Air Quality Program Manager Contra Costa County Bay Area air Quality Management 651 Pine Street, 11th Floor District Martinez, CA 94553 939 Ellis Street San Francisco, CA 94109 The above information may be changed by either party by providing 30 days' written notice to the other. 8. EQUIPMENT REMOVAL. Upon either party providing 30 days' written notice of termination, County shall, within 30 days of receipt of such notice from Licensor, or thirty days of providing such notice to Licensor, and at County's expense, remove or cause the removal of all Licensor Equipment from Licensor property. Licensor shall allow entry onto Licensor property by County, its, agents, employees, contractors and subcontractors, as necessary for the removal of the Licensor Equipment. If this Agreement is terminated and County does not remove the equipment as required by this section, Licensor shall have the right to use, CWS License and O& M Agreement Bay Area Air Quality Management District Page 4 abandon, and/or dispose of the Licensor Equipment without compensation to County. 9. LIMITED RELEASE, INDEMNITY. Except to the extent caused by the negligence or willful misconduct of Licensor, in the event that a County employee, agent, contractor or subcontractor is injured or killed, or County property or the property of a County employee, agent, contractor or subcontractor is damaged while at Licensor property in connection with inspecting, installing, maintaining, repairing, replacing or removing Licensor Equipment, the County shall release Licensor and shall indemnify, defend and hold Licensor harmless from and against any and all liability to the County or to the County employee, agent, contractor or subcontractor, for such liability. County's agreement to release, indemnify, defend and hold Licensor harmless from liability to the County or a County employee, agent, contractor or subcontractor as set forth in this section shall not extend to the portion of such damages, expenses or attorneys fees that are determined to have been caused or contributed to by the negligence or willful misconduct of Licensor, its agents or contractors. Licensor shall remain responsible for said damages, expenses and attorneys fees in an amount proportionate to Licensor's negligence or willful misconduct without contribution to that portion from the County. 10. REMEDY. Except as provided in Section 9, the sole and exclusive remedy for any breach or default of this Agreement by either party shall be the termination of this Agreement in accordance with Section 7. Except as provided in section 9, under no circumstances is either party to receive or be subject to damages, including, but not limited to, special, incidental or consequential damages, or be entitled to or be subject to, any other remedy provided at law or equity for the breach, whether negligent or intentional, of this Agreement. 11. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and be fully binding upon each party and its respective successors and assigns. 12. AMENDMENT. This Agreement shall not be changed, modified or amended except in a writing signed by both parties. 13. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the parties regarding the operation, maintenance and repair of the Licensor Equipment and merges and supersedes all prior discussions, writings, agreements and understandings of the parties with respect to such matters. 14. NO RELIANCE ON PRIOR REPRESENTATION. Both parties agree that no person acting on behalf of the other (including, without limitation, any representative, employee or agent of CAER) has at any time been authorized to CWS License and O & M Agreement Bay Area Air Quality Management District Page 5 make any representation, promise or agreement of any kind or character regarding the Community Warning System and the Licensor Equipment. If any such representation, promise or agreement was made by any person, in any capacity, neither party shall or is relying on such representation, promise or agreement, and expressly waives, releases and holds any such person and the other party harmless from any claim or liability due to such representation, promise or agreement. 15. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. The venue of any legal action between the parties arising out of this Agreement shall be Contra.Costa County, California, which courts shall have exclusive jurisdiction over such legal action. 16. INVALID PROVISIONS. The invalidity or unenforceability of.any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 17. EMPLOYEES. Neither party's agents, employees, contractors or subcontractors shall be deemed to be the agents, employees, contractors or subcontractors of the other. 18. EMERGENCY. In the event of a natural disaster or accident, Licensor shall endeavor to take such actions as are reasonably necessary or appropriate to minimize damage to the Licensor Equipment. Licensor shall notify County as soon as practicable of its inability to protect the Licensor Equipment and shall abide by the County's instructions regarding the Licensor Equipment. 19. NO THIRD PARTY BENEFICIARIES. It is mutually recognized that the Licensor Equipment is operated to serve a public purpose; therefore, the County's population and other persons may incidentally benefit from this Agreement. However, it is not the intention of either the County or Licensor that such persons occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Agreement. This Agreement is by and between Licensor and County only, and except for the release provision in Section 14, is not intended to and does not benefit or grant any rights to any other person. 20. SURVIVAL. The provisions of sections 9, 10, 15, 16, 19, 20 and 22 shall survive the termination of this Agreement. 21. COUNTERPARTS. This Agreement may be executed in two counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. CWS License and O& M Agreement Bay Area Air Quality Management District Page 6 22. CONSTRUCTION. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this'Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date indicated below. BAY AREA AIR QUALITY CONTRA COSTA COUNTY, a political MANAGE T DISTRICT subdivision of the State of California B . � By� Bo4d Chair Da d Attest: Clerk f the Board_of Supervisors Attest: By: eputy Clerk Date: A55e�_f i March 7,2001 HAHAZMAT1CW510&M103011agencylair.wpd FORM APPROVED SILV B. R I,Cour C n I By Upu App v d a o ROBERT N. KWONG District Counsel CWS License and O & M Agreement Bay Area Air Quality Management District Page 7 EXHIBIT A List of Licensor Equipment EXHIBIT B Site Plan Showing Current Location of Licensor Equipment Community Warning System - Equipment List Facility: CWS Terminal — Day Area Air Quality Measurement District (baagmd) Description Model Number Quanti 12 VDC Power Supply Astron-RS-35613 1 14' Monitor CTX SVGA 1 Furniture/Cart Global-AC5170 1 1250 VA UPS APC-Smart UPS-600VA 1 Radio/PK90 Shelf Howell-custom 1 Packet Controller AEA -PK90 1 Maxtrac LB Data Motorola-D51 MJA97A3-K 1 LB Antenna Decibel-DB-205A 1 LB Lightning Arrester Polyphaser-IS-B50LN- 1 CO CWS Terminal Computer Sage.7AComp 1 Short Haul Modem EAZY SHM-B 2WR-A 2 ME755A Mouse Microsoft-Serial Mouse 1 Keyboard Various 1 Strobe/Buzzer RS-Strobe 1 Various Cables & Connectors N/A Lot Last updated on March 6, 2001 Page- 22 ol 0) Cf) ol rn ol d *tE E U3 04 c cl� 0 < > C) L) 0 Z a) Om 0 E a_ .:I — C) o 00 0 (o E (W a) ca ib C3 0 0 0 M., 0— — E 0�e 0 M E C: Lo c < 20 b o uj E,6 woo LO W. 0 0 cu 0 a) a): C: asE 1 7— 0�0 16 (D A (D OL 2! 0 < ............. ---------- -------------------------------------------------------- ---------------- - ------------- ------------------------ ------------------------------------ ------------------ ------------------------------------------------------------------------------------ C) E 0 E o 0 C) U) r E G CL _0 > 0 Cr CL ;LLI Y0 0 CL 0 [CL 0 IF CL > U) (14 L E0 0- CY) EI c I i llm ---------------- -------------------- ------------------- -- ----------- ---- -------------- -- ------------- ------------ ------------------------------ ---------------