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JOINT EXERCISE OF POWERS AGREEMENT FOR THE
<br /> EAST BAY REGIONAL COMMUNICATIONS SYSTEM AUTHORITY
<br /> THIS JOINT EXERCISE OF POWERS AGREEMENT FOR THE EAST BAY REGIONAL COMMUNICATIONS
<br /> SYSTEM AUTHORITY (the "Agreement") is entered into as of the 30th day of I , 2007, by and
<br /> among the members executing this Agreement (hereinafter collectively referred to as "M mbers" and individually
<br /> as "Member").
<br /> RECITALS
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<br /> A. WHEREAS, Chapter 5 of Division 7 of Title 1 of the California Govemment Code authorizes the
<br /> Members to enter into an agreement for the joint exercise of any power common to them; and
<br /> B. WHEREAS, the Members have the common powers, under their respective sovereign and
<br /> police powers, to acquire real, personal and intangible property and to plan, design, finance, constrict,
<br /> operate, and maintain public safety radio communication systems, facilities and related structures, and
<br /> appurtenances and incidental improvements thereto; and
<br /> C. WHEREAS, the Members have determined that the public interest will be served by the
<br /> joint exercise of these common powers through this Agreement and the creation of a joint powers
<br /> authority to acquire, plan, design, finance, construct, operate and maintain a P25 compliant or
<br /> equivalent (as defined herein) communications system serving Alameda and Contra Costa Counties
<br /> and individual political jurisdictions therein; and
<br /> D. WHEREAS, the Members have further determined that such an East Bay Regional
<br /> Communications System Project (the "EBRCS Project"), to which Members and non - members may
<br /> subscribe (the "Subscribers') subject to the provisions set forth herein, should be undertaken in order to
<br /> meet public safety communication needs of the Members, and that the EBRCS Project will have regional
<br /> consequences beyond the Members' geographical jurisdictions, thus encouraging participation by other
<br /> governmental agencies including but not limited to the State and Federal government.
<br /> NOW THEREFORE, in consideration of the promises, terms, conditions, and covenants
<br /> contained herein, the Members agree as follows:
<br /> AGREEMENT
<br /> 1. Authority and Purpose. This Agreement is made under the authority of and pursuant to the
<br /> Joint Exercise of Powers Act, Chapter 5 of Division 7 of Title 1 of the Califomia Govemment Code
<br /> (commencing with Section 6500 et seq.) (the "Act'), relative to the joint exercise of powers common to
<br /> the Members and as otherwise granted by the Act. The purpose of this Agreement is to provide for the
<br /> acquisition of real, personal and intangible property; and the planning, design, financing, regulation,
<br /> permitting, environmental evaluation, public outreach, construction, operation, and maintenance of the
<br /> EBRCS Project, or any identifiable portion of the EBRCS Project. Notwithstanding anything in this
<br /> Agreement to the contrary, each Member also reserves all of its rights and powers to proceed
<br /> separately within its jurisdictional boundaries on any compatible public safety communications projects
<br /> anticipated to become part of the EBRCS Project; provided, however, that the planning, design, and
<br /> construction of such projects should be consistent with the Functional Specifications for the EBRCS
<br /> Joint Exercise of Powers Agreement for the
<br /> East Bay Regional Communications System Authority
<br /> Final Agreement: August 14, 2007 Page 1 of 10
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