Second Amended  Santa Clara County Data Communications Network

Joint Funding Agreement

This Second Amended Joint Funding Agreement (“Agreement”) is made by and between the Cities of Campbell, Cupertino, Gilroy, Los Altos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, Sunnyvale, the Towns of Los Gatos, Los Altos Hills, the South Santa Clara County Fire District, County of Santa Clara, San Jose State University and the Santa Clara Valley Water District (individually referred to as “Network Participant” and collectively “Network Participants”) and is dated for identification purposes this 1^st day of September, 2004.

     WHEREAS, the Network Participants established the Silicon Valley Regional Interoperability Project (“SVRIP”) for the purpose of creating county wide radio interoperability and a public safety radio and data communications network; and

      WHEREAS, achieving this objective will enable the real time exchange of event and resource information between and amongst automated and non-automated Public Safety Dispatch Centers and key stakeholder agencies within Santa Clara County to improve public safety and emergency services by enhancing field communications during emergencies, reducing response time of emergency resources and enabling intelligence information sharing amongst and between key stakeholder agencies; and

     WHEREAS, Network Participants desire to continue to participate in the SVRIP to design, architect and implement a county-wide regional radio interoperability and integrated data communications network system that can be implemented in each of the respective agencies at a significant cost savings to each Network Participant; and

     WHEREAS, the Network Participants also desire to integrate the SVRIP network solution(s) with other regions throughout the Bay Area for the purposes of enhancing public safety operations during regional disasters or other public safety operations; and

      WHEREAS, the Network Participants have committed to collaboratively solving interoperability and communication issues throughout Santa Clara County

    WHEREAS, Network Participants have previously established a Steering Committee to oversee and manage the SVRIP and coordinate interoperability, technological and any other initiatives that impact interoperability on a local or regional basis; and

     WHEREAS, the Network Participants have committed staff resources to research and assess the needs for the Network Participant agencies; and

     WHEREAS, each of the Network Participants have contributed an equal share of funds to establish the SVRIP; and 

     WHEREAS, on November 3, 2003, the Network Participants retained the professional services of Northrop Grumman Corporation (“NGC”) to provide professional management services and to work with the Network Participants to define the scope of the SVRIP, research industry solutions and develop recommendations, create a system specification document, identify potential vendors, and prepare a Request For Proposal for a radio interoperability and data integration network solution; and

      WHEREAS, the SVRIP has secured Federal Homeland Security funding, as allocated by the Operational Area Approval Authority, to assist in financing NGC’s work for the SVRIP; and

      WHEREAS, the SVRIP is partnering with NGC to identify alternative funding sources; and

     WHEREAS, the SVRIP has secured approximately $713,000 in federal funding and together with Network Participant funds in the SVRIP account has purchased the required equipment to implement a single command and control interoperability radio channel (BayMACS) and contracted with Santa Clara County Communications (a Network Participant) to install and maintain the BayMACS radio system; and

       WHEREAS, the SVRIP is partnering with the City of San Jose (a Network Participant) and has received approximately $3.7 million in federal monies through the COPS FY 2003 Interoperable Communications Technology Program to serve as a “model interoperability solution” by implementing a regional microwave network that will serve as a “information pathway” for future interoperability solutions; and

      WHEREAS, the SVRIP is working with congressional representatives, and state and federal agencies to secure additional funding for interoperability solutions; and

      WHEREAS, the SVRIP is working with other regional interoperability initiatives in the Bay Area through the Urban Area Security Initiative (UASI) Advisory Council and the Bay Area UASI Working Group; and

      WHEREAS, the SVRIP is currently in the design phase of the project and opportunities are arising to obtain federal funding and to participate in regional interoperability efforts through “Proof of Concept” and “Pilot” demonstration projects using state, federal or other alternative funds at no increased cost to the Network Participants; and 

     WHEREAS, the composition of the Steering Committee should be expanded to reflect that interoperability has become a federal initiative and to allow the Network Participants to take advantage of current and future opportunities such as the availability of funding for interoperability, coordination and participation in interoperability initiatives on a local and regional level, and demonstration or pilot projects;

     WHEREAS, the Network Participants previously approved a Santa Clara County Data Communications Network Joint Funding Agreement for the SVRIP in May 2001;

     WHEREAS, the Network Participants amended the Santa Clara County Data Communications Network Joint Funding Agreement for the SVRIP in March of 2002; and  

     WHEREAS, Network Participants now desire to amend the Santa Clara County Data Communications Network Joint Funding Agreement to correspond to the current status and funding successes of the SVRIP.

     THEREFORE, the Network Participants hereby amend the Joint Funding Agreement to read as follows:

In accordance with California Government Code Section 6502, the purpose of this Agreement is not to create an independent authority but to jointly exercise the purchasing and contracting power of all the Network Participants to:

1.     Retain the professional services of consultants and/or related services for the conceptual design and implementation of a countywide and regional/multi-regional interoperability solution(s), and

2.      Purchase hardware and/or software related to the SVRIP interoperability solution(s); and

3.      To execute lease, installation and/or maintenance agreements for project equipment, and lease and/or license agreements for housing project equipment and leases for office space or lease expenses, on behalf of the SVRIP directly related to implementing SVRIP interoperability solutions; and

4.     To work with federal and state agencies, congressional representative and private entities to fund participation in the costs related to demonstration projects, pilot projects and implementation of interoperability solutions/ network(s); and

5.      To establish and maintain a website to facilitate information sharing on behalf of the SVRIP and related Network Participant communication; and

6.     To jointly apply for state, federal and/or private funding grants for SVRIP through the implementation phase of the project; and

7.     To enter into agreements with other governmental agencies to achieve interoperability: and 

8.    To pay for SVRIP travel and other related expenses approved by the Steering Committee.

Each Network Participant is authorized by its respective governing body or Board of Directors to jointly exercise the Network Participant’s individual power as set forth herein. 

1. Agency/Trust Account: A Network Participant shall serve as the Fiscal Agent for the SVRIP.   The City of Mountain View currently serves as the Fiscal Agent for the SVRIP.  The Fiscal Agent shall deposit all the payments it receives on behalf of the Network Participants, including any grant or alternative funding into an Agency/ Trust Account.  In lieu of an administrative fee for administering the account, no interest shall accrue to the account.  The Steering Committee shall designate in writing three (3) Steering Committee members who have legal authority to approve invoice payment requests related to the SVRIP.  Upon receipt of written authorization from two (2) of the three (3) designated Steering Committee designees, the Fiscal Agent shall make payments on behalf of the Network Participants pursuant to an executed agreement with the Network Participants.

2.      Use of Funding: The Fiscal Agent shall only spend the monies received under this Agreement in accordance with section C.4 of this Agreement, upon receipt of an approved invoice from the Steering Committee, and in accordance with any applicable grant requirements or other regulations.  

3.      Grant Reporting and Audit Requirements: The Network Participants shall be responsible for any reporting or audit requirements and related costs required for any grant funding received by the SVRIP.  The Steering Committee shall coordinate any required reports or audit responses.  The Fiscal Agent, and any other Network Participant, shall respond to any reasonable requests from the Steering Committee for information that may be required to comply with grant reporting or audit requirements. 

4.     Accounting: Except as may be required by any applicable grant agreement, no more than twice per fiscal year and only upon receipt of written request from the Steering Committee, the Fiscal Agent will provide an accounting to the Steering Committee of the monies paid from the Agency/Trust Account pursuant to this Joint Funding Agreement.

E.     Term.

This Agreement shall terminate upon written notice from the Steering Committee that the objectives of the SVRIP have been achieved. Such notice will include a plan for the disposition of all assets held on behalf of the Network Participants.  Upon receipt of that notice, the Network Participants shall have thirty (30) days to register any objections in writing with the Steering Committee relating to this Agreement. 

Any Network Participant may withdraw from this Agreement effective at least one hundred twenty (120) days prior written notice to each of the other Network Participants. The Network Participants acknowledge that they have already received the maximum benefit of their financial contribution to the SVRIP and a Network Participant is not entitled to any reimbursement of its contribution upon withdrawal from the SVRIP.

F.     Indemnification.

In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the Network Participants pursuant to Government Code Section 895.6, the Network Participants agree that all losses or liabilities incurred by any Network Participant shall not be shared pro rata but instead each of the Network Participants agree that pursuant to Government Code Section 895.4, each of the Network Participants hereto shall fully indemnify and hold each of the other Network Participants, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or any liability arising out of the performance of this Agreement, payments or purchases made by the Fiscal Agent  pursuant to the terms of this Agreement or the acts of the  Steering Committee on behalf of the Network Participants.

G.     Notices.

All notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other Network Participants at the addresses set forth on the signature pages of this Agreement or at such other address as the Network Participants may designate in writing in accordance with this section.

H.    Governing Law.

This Agreement has been executed and delivered in, and will be construed and enforced in accordance with, the laws of the State of California.  Proper venue for legal action regarding this Agreement will be in the County of Santa Clara.

I.       Severability.

If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same will either be reformed to comply with the applicable law or stricken, if not so conformable, so as not to affect the validity or enforceability of this Agreement.

The Network Participants have caused this Amended Agreement to be executed by their duly authorized representatives.

CITY OF CAMPBELL

Bernard Strojny, City Manager
City of Campbell
70 North First Street
Campbell, CA  95008

CITY OF SAN JOSE

Del Borgsdorf, City Manager
City of San Jose
801 North First Street, Room 436
San Jose, CA  95110

CITY OF SANTA CLARA

Jennifer Sparacino, City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA  95050

COUNTY OF SANTA CLARA

Pete Kutras, Jr., County Executive

Santa Clara County

70 West Hedding Street

Eleventh Floor, East Wing

San Jose, CA  95110

 

CITY OF SARATOGA

Dave Anderson, City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA  95070

SAN JOSE STATE UNIVERSITY
Andre Barnes, Chief of Police
San Jose State University Police
One Washington Square
San Jose, CA  95192

SOUTH SANTA CLARA COUNTY FIRE DISTRICT

Steven Woodill, Fire Chief

South Santa Clara County Fire District Protection

15670 Monterey Street

Morgan Hill, CA  95037

 

 

SANTA CLARA VALLEY WATER DISTRICT

Stanley M. Williams, Chief Executive Officer

Santa Clara Valley Water District

5750 Almaden Expressway

San Jose, CA 95118-3614

 

CITY OF SUNNYVALE

Amy Chan, City Manager
City of Sunnyvale
456 W. Olive Avenue
Sunnyvale, CA 94086