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EXHIBIT A JOINT EXERCISE OF POWERS AGREEMENT FOR THE EAST BAY REGIONAL COMMUNICATIONS SYSTEM AUTHORITY THIS JOINT EXERCISE OF POWERS AGREEMENT FOR THE EAST BAY REGIONAL COMMUNICATIONS SYSTEM AUTHORITY (the "Agreement"] is entered into as of the day of ,2007, by and among the (hereinafter collectively referred to as "Members" and individually as "Member"). RECITALS A. WHEREAS, Chapter 5 of Division 7 of Title 1 of the California Gavemment Code authorizes the Members to enter into an agreement for the joint exercise of any power common to them; and B. WHEREAS, the Members have the common powers, under their respective sovereign and police powers, to acquire real, personal and intangible property and to plan, design, finance, construct, operate, and maintain public safety radio communication systems, facilities and related structures, and appurtenances and incidental improvements thereto; and C. WHEREAS, the Members have determined that the public interest will be served by the joint exercise of these common powers through this Agreement and the creation of a joint powers authority to acquire, plan, design, finance, construct, operate and maintain a P25 compliant or equivalent (as defined herein) communications system serving Alameda and Contra Costa Counties and individual political jurisdictions therein; and D. WHEREAS, the Members have further determined that such an East Bay Regional Communications System Project (the "EBRCS Project„), to which Members and non-members may subscribe (the "Subscribers") subject to the provisions set forth herein, should be undertaken in order to meet public safety communication needs of the Members, and that the EBRCS Project will have regional consequences beyond the Members' geographical jurisdictions, thus encouraging partiapation by other governmental agencies including but not limited to the State and Federal government. NOW THEREFORE, inconsideration of the promises, terms, conditions, and covenants contained herein, the Members agree as follows: AGREEMENT 1. Authority and Purpose. This Agreement is made under the authority of and pursuant to the Joint Exercise of Powers Act, Chapter 5 of Division 7 of Title 1 of the California Government Code (commencing with Section 6500 et seq.) (the "Act"}, relative to the joint exercise of powers common to the Members and as otherwise granted by the Act. The purpose of this Agreement is to provide for the acquisition of real, personal and intangible property; and the planning, design, financing, regulation, perrnittirxJ, environrnenta! evaluation, public outreach, construction, operation, and maintenance of the EBRCS Project, or any identifiable portion of the EBRCS Project. Notwithstanding anything in this Agreement to the contrary, each Member also reserves all of its rights and powers to proceed Joint Exercise of Powers Agreement for the East Bay Regional Communications System Authority Final Agreement: May 22, 2007 Page 1 of 11