04-110 Silicon Valley Regional Interoperability Project NO
AGREEMENT
IN
FILE
i ? i --
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3220
Fax: (408) 777-3366
DEPARTMENT OF ADMINISTRATIVE SERVICES
SUMMARY
Agenda Item No. {
SUBJECT AND ISSUE
Meeting Date: October 4, 2004
Authorize the City Manager to execute an Amendment to the Joint Funding Agreement with
other Santa Clara County cities to update the cLUTent scope and authority of the Silicon Valley
Regional Interoperability Project.
BACKGROUND
In 1998, at the direction of the Santa Clara County/Cities Managers' Association, the Santa Clara
County Police and Fire Chiefs first established two working groups to study interoperability
issues. Interoperability is the ability of public safety agencies to talk across disciplines and
jurisdictions via radio communication systems, e:cchanging voice and/or data with one another on
demand, in real time, when needed.
In 2001, this collaboration solidified under a formal governance structure and a Joint Funding
Agreement was executed by governing bodies from the Cities of Palo Alto, Cupertino, Mountain
View, Sunnyvale, Santa Clara, Campbell, Mor;;an Hill, Milpitas, Gilroy, Monte Sereno, Los
Altos, San Jose, Saratoga, the Towns of Los Altos Hills and Los Gatos, San Jose State
University, the California Department of Foresl:ry (South County Fire District) and the Santa
Clara Valley Water District and the Silicon Valley Regional Interoperability Project (SVRII') was
established.
While the overall objective of achieving seamless voice and data interoperability amongst and
between emergency response entities at all levels of government is a challenging task that will
take many years to fully accomplish, there has been steady progress on the project and significant
accomplishments have been achieved towards that goal. Continued participation on the Silicon
Valley Regional Interoperability Project serves a great benefit to the City of Cupertino. By
partnering with other local municipalities, our city reaps the benefit of information gained
through this project and minimizes the financial impact on the budget.
Since its inception, the SVRIP has sought to address both voice communication interoperability
and the need for real-time, on-demand, exchanl;e of information. It has long understood that
along with the technological changes needed to ~;ffectuate true interoperability, business process
and operational change would be needed as well. Four ongoing subcommittees were established
with representatives from the various stakeholder agencies (radio and technical, operations and
policy committees). Each tasked with ensuring that the participating jurisdictions were prepared
to implement the new solutions as the project progressed.
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Although other localities face similar problems in establishing interoperable communications
systems, SVRIP has surpassed the level of other projects by mustering a cooperative coalition of
over thirty public and private entities. Along ~~vith the significant successes the Project has
achieved comes the need to expand the current Joint Funding Agreement to reaffirm the
commitment to the Project and to ensure the Scope of the Authority for the Steering Committee
is in line with the direction of the Project.
The Amendment provides an update on the st~itus of the Project, documenting the funding
received to date on the SVRIP; it redefines and updates the purpose of the project to coincide
with new information available on this import~~nt issue; allows for partnerships with other
government agencies and private enterprise. It establishes a website, allows for demonstration
"pilot" projects; expands the composition of the ;iteering Committee to reflect a need to have a
County Executive on the Committee and a representative from the San Jose UASI. It provides
for the addition of new AdHoc members. The Amendment contemplates the future of
interoperability and provides enough scope and authority to ensure the project can continue
moving forward. It further defines the fiscal ,agent responsibility, which, along with legal
services, has been provided by the City of Mountain View on this Project.
Under this amended Agreement, the SVRIP can a~ntinue in its efforts to achieve interoperability
and build on the successes to date on the Project.
FISCAL IMPACT
The City has already contributed to the Joint Funding Agreement and there is no additional fiscal
impact for this second amendment agreement.
RECOMMENDATION:
Staff recommends that the City Council Authorize the City Manager to execute an Amendment
to the Joint Funding Agreement with other Santa ~~lara County cities to update the current scope
and authority of the Project.
Submitted by:
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Carol A. Atwood
Director of Administrative Services
Approved for submission:
Jb~~1C
David W. Knapp
City Manager
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SECOND AMENDED SANTA CLARA COUN'CY DATA COMMUNICATIONS NETWORK
JOINT FUNDING AGREEMENT
This Second Amended Joint Funding Agreement ("A.greement") is made by and between the Cities of
Campbell, Cupertino, Gilroy, Los Altos, Milpitas, 1V[onte 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 Cl;~ra, 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 15` day of September, 2004.
Recitals
WHEREAS, the Network Participants established the Silicon Valley Regional Interoperability
Project ("SVRIl'") for the purpose of creating county wide radio interoperability and a public safety radio
and data communications network; and
WHEREAS, achieving this objective will en~Ible 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 region~Il 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 doci.~ment, identify potential vendors, and prepare a
Request For Proposal for a radio interoperability and d~ita integration network solution; and
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WHEREAS, the SVR1P 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 in;>tall and maintain the BayMACS radio system; and
WHEREAS, the SVRIP is partnering with they 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 interoperabilitysotutions; and
WHEREAS, the SVR1P 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.
follows:
THEREFORE, the Network Participants hereby amend the Joint Funding Agreement to read as
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A. Purpose
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, ~~ongressional 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.
B. Authorization
Each Network Participant is authorized by its re~~pective governing body or Board of Directors to
jointly exercise the Network Participant's individu<<1 power as set forth herein.
C. Steering Committee
1. a. Composition:
(1) The Steering Committee shall consist of an odd number of members to allow for a clear
majority vote. The following voting representatives shall be appointed from their
respective associations on the Steering Committee:
(a) A City Manager from the Santa Cl:rra County/Cities Managers' Association;
(b) A Fire Chief from the Santa Clara County Fire Chief's Association;
(c) A Police Chief from the Santa Clara County Police Chief's Association;
(d) The Santa Clara County Executive or his or her designee;
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(e) A Metropolitan Statistical Area Representative from the San Jose UASI;
(g) A Data Project Director designated by a majority vote of the Steering Committee;
(f) A Radio Project Director designated by a majority vote of the Steering Committee;
(g) A representative from the Public Safety Communications Manager's Association;
(h) A Project Coordinator designated ley a majority vote of the Steering Committee;
(2) Ad hoc Members. The Steering Committee shall include the following non-voting Ad Hoc
representatives:
1. Project Attorney(s) designated by the :steering Committee;
2. Finance Director or designee from th~~ Network Participant serving as Fiscal Agent for
the SVRIP;
3. Public Information Officer (PIO) from a Network Participant agency, and designated by
the Steering Committee, for coordinating media relations related to the SVRIl'; and
4. Other Network Participant agency staff as required and as determined by the Steering
Committee
2. Voting. It has been the practice of the Steering Committee to act by consensus. In the event that
the Steering Committee is not able to reach a consensus on an issue, a majority vote of the voting
representatives shall be determinative.
3. Changes in Committee Membership. Any modifications to the composition of the Steering
Committee will be determined by a majority vote of the Steering Committee. However, No voting
representative position on the Steering Committee may be eliminated without the approval of the
represented entity or association. The Steering Committee shall ensure that the Network Participants
are notified of changes in the Steering Committee rembership.
4. Authori
a. Delegation of Authority. Each Network Participant hereby grants the Steering Committee
authority to act on behalf of the SVRIP to: (1) purchase professional services, and radio, computer or
telecommunications hardware/software, other services or goods directly related to the SVRIP as
provided herein; (2) lease real property for housing project equipment or for office space; (3)
purchase installation and/or maintenance services from individual Network Participant agencies or 3Ta
party vendors related to systems implemented as part of the SVRIl'; (4) apply for state, federal and/or
private alternative funding grants on behalf of the Network Participants for the SVRIl'; (5)
participate in demonstration projects related to the SVRIP; (6) receive and spend any grant funding or
other funding obtained on behalf of the SVRIl'; (7) execute and administer any agreements that may
be necessary to exercise the authority granted in this paragraph; (8) meet with state and federal
governmental agencies and political representatives regarding the SVRIP; and (9) pay for SVRIl'
travel and project related expenses approved by the Steering Committee.
b. Limitation. The Steering Committee is autl•~orized to spend only those monies: (1) previously
paid by each of the Network Participants under the March 5, 2002, Amended Santa Clara County
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Data Communications Network Joint Funding Agreement; and (2) any grant funding received by the
SVR1P provided the funding is spent in accordan~:e with any and all requirements of any applicable
grant, purchasing or bidding regulations.
D. Duties and Responsibilities of Fiscal Agent
1. Agency/Trust Account: A Network Participant shall serve as the Fiscal Agent for the SVRIP.
The City of Mountain View currently serves a:; the Fiscal Agent for the SVR1P. 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/ 'Crust 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.
Grant Reporting and Audit Requirements: Thf; Network Participants shall be responsible for any
reporting or audit requirements and related costs required for any grant funding received by the
SVRIl'. 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 Inay be required to comply with grant reporting or
audit requirements.
4. Accounting: Except as may be required by arly 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 SVR1P 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 thi;~ 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 SVRIl'.
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F. Indemnification.
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between
the Network Participants pursuant to Government ~~ode Section 895.6, the Network Participants agree
that all losses or liabilities incurred by any Net'~vork 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, hostage 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 c~~urt 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.
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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 CUPERTINO
David Knapp, City Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
CITY OF GILROY
Jay Baksa, City Administrator
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CITY OF LOS ALTOS
Phil Rose, City Manager
City of Los Altos
1 North San Antonio Road
Los Altos, CA 94022
TOWN OF LOS ALTOS HILLS
Maureen Cassingham, Town Manager
Town of Los Altos Hills
25379 Fremont Road
Los Altos Hills, CA 94022
TOWN OF LOS GATOS
Debra Figone, Town Manager
Town of Los Gatos
110 E Main Street
Post Office Box 949
Los Gatos, CA 95031
CITY OF MILPITAS
Thomas Wilson, City Manager
City of Milpitas
455 E. Calaveras Boulevard
Milpitas, CA 95035
CITY OF MONTE SERENO
Brian Lowenthal, City Manager
City of Monte Sereno
18041 Saratoga-Los Gatos Road
Monte Sereno, CA 95030
CITY OF MORGAN HILL
Ed Tewes, City Manager
City of Morgan Hill
17555 Peak Avenue
Morgan Hill, CA 95037
CTY OF MOUNTAIN VIEW
Kevin Duggan, City Manager
City of Mountain View
500 Castro Street
Post Office Box 7540
Mountain View, CA 94039
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CITY OF PALO ALTO
Frank Benest, City Manager
City of Palo Alto
250 Hamilton Avenue
Post Office Box 10250
Palo Alto, CA 94303
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 UNNERSITY
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
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