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separately within its jurisdictional boundaries on any compatible public safety communications projects anticipated to become part of the EBRCS Project; provided, however, that the planning, design, and construction of such projects should be consistent with the Functional Specifications for the EBRCS Project dated (the "Functional Specifications") or as subsequently amended by the Authority's Board of Directors and incorporated herein by this reference. The general specifications and performance standards for the EBRCS Project are as follows: The EBRCS Project is designed as a P25 digital trunking system operating in the BOOMhzf700Mhz frequency spectrum. The system solution is a wide area, two county, IP-based architecture communications system that is compliant with the ANSI/EIAlTIA.1 02 suite of standards. The EBRCS Project will utilize sites strategically located throughout, but nollimited to, Member jurisdictions. The EBRCS Project is also expected to meet typical public safety requirements of a Grade of Service of two percent busies during the busy hour with an estimated 90 percent of busy calls queued within 2.5 seconds. For purposes of this Agreement, P25 compliant or equivalent means a common set of standards for first-responders that allows the highest level of interoperable communications in a digital mode. 2. Creation of Authority and Jurisdiction. Pursuant to the Act, the Members hereby create the East Bay Regional Communications System Authority (the "Authority"), a public entity separate and distinct from each of the Members. The jurisdiction of the Authority shall be all territory within the geographic boundaries of the Members, however the Authority may undertake any action outside such geographic boundaries as is necessary and incidental to the accomplishment of its purpose and the EBRCS Project. 3. Term and Termination. This Agreement shall be effective as of the date first above written. It shall remain in effect until the purpose stated in Section 1 of this Agreement is fully accomplished, or until terminated by the vote of a majority of the goveming bodies of the Members; provided, however, that this Agreement may not be terminated, and no Member may withdraw its membership, until (a) all bonds or other instruments of indebtedness issued by the Authority and the interest thereon, if any, have been paid in full or provision has been made for payment in full and (b) all outstanding obligations and liabilities of the Authority have been paid in full or provision has been made for payment in full, except as set forth in Section 13. 4. Powers of the Authoritv. a. Powers. The Authority shall have all powers necessary or reasonably convenient to carry out the purposes stated in Section 1 of this Agreement, including, but not limited to, the following: (1) To secure administrative office space and furnishings; (2) To make and enter into contracts including other joint powers agreements and Subscriber agreements; (3) To contract for, or employ, administrative, technical, legal and support staff, and consutlants and contractors of any kind; Joint Exercise of Powers Agreement for the East Bay Regional Communications System Authority Final Agreement: May 22, 2007 Page2of11