02-107 Santa Clara Date Comm. Network 2nd amendment~~
b~~ ~~
Patrick Dwyer
Chief of Police
Printed with soy-based inks on 1001 recycled paper processed without chlorine.
October 26, 2002
Mr. David Knapp
City Manager
City of Cupertino
10300 Torre Ave
Cupertino CA 95014
Dear Mr. Knapp:
City of Palo Alto
Police Department
Enclosed is your original of the Amended Santa Clara County Data
Communications Network Joint Funding Agreement. Should you have any
questions, please contact Sheryl Contois, at 650-329-2498.
Sincerely,
Jaimee Isaac
Staff Secretary
Enclosure
275 Forest Avenue
Palo Alto, CA 94301
650.329.2406
650.329.2565 fax
650.617.3120 Administration fax
~~
~ot.H/
AMENDED SANTA CLARA COUNTY (DATA COMMUNICATIONS NETWORK
JOINT FUNDING AGREEMENT
This Amended Joint Funding Agreement ("Agreement") is made by and between the Cities of Campbell,
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 and
is dated for identification purposes this 5~'' of March, 2002.
Recitals
WHEREAS, the Santa Clara County/Cities Managers Association has established a Santa Clara
County Data and Radio Communications Task Force for the purpose of creating county wide radio
interoperability and a public safety radio and data communications network to enable the real time
exchange of event and resource data between automated and non-automated Public Safety
Communications Centers within Santa Clara County t~~ improve public safety and emergency services by
enhancing field communications during emergencies a.nd reducing response time of emergency resources
and
WHEREAS, the cities of Campbell, Gilroy, L~~s Altos, Milpitas, Monte Sereno, Morgan Hill,
Mountain View, Palo Alto, San Jose, Santa Clara, Sar~itoga, 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 County Valley Water District (individually referred to as "Network Participant" and
collectively "Network Participants") all desire to design county wide radio interoperability and a public
safety radio and data communications network system that can be implemented in each of their respective
agencies at a significant cost savings to each Network Participant; and
WHEREAS, Network Participants previously approved a Joint Funding Agreement to retain the
services of William J. Doolittle and Associates, Incor~~orated to conceptually design and develop an
implementation strategy for county wide radio interoperability and the public safety radio and data
communications network; and
WHEREAS, Network Participants have deterrnined that hardware solutions exist that offers an
economical and reliable radio interoperability solution; and
WHEREAS, Network Participants desire to acquire a radio communications system providing
interoperability between all Network Participants utili ping the available radio interoperability solution in
Santa Clara County; and
WHEREAS, Network Participants have deterrnined that the Communications Steering Committee
and existing agency staff of the Network Participants possess the knowledge and capability of designing a
countywide data communications network system; and
WHEREAS, the Communications Steering Committee terminated the agreement with William J.
Doolittle and Associates prior to completion of the de~;ign and implementation of the a county wide radio
interoperability and the public safety radio and data communications network; and
WHEREAS, Network Participants now desire to amend the Joint Funding Agreement to allow the
Communications Steering Committee to expend monies allocated for the consultant to manage the design
of the county wide radio interoperability and the public safety radio and data communications network,
purchase of the radio interoperability system, radio infrastructure equipment for existing radio systems to
enhance the functionality of the interoperability system, and, if required, to retain consulting services to
assist in the design of the data communications network;
follows:
Each of the Network Participants now desire to amend the Joint Funding Agreement to read as
A. Purpose
In accordance with California Government Code ~~ection 6502, the purpose of this Agreement is not
to create an independent authority but to jointly exercise the contracting power of all the public
agencies that are Network Participants to this Agreement to retain the professional services of
consultants for the conceptual design and development of an implementation strategy for countywide
radio interoperability system and a public safety r<<dio and data communications network and realize a
significant cost savings, to purchase a radio communications system providing interoperability
between all Network Participants utilizing the radio interoperability system and jointly apply for state,
federal and/or private alternate funding grants for '.he purchase of the radio interoperability and/or the
data communications network system.
B. Authorization
Each Network Participant is authorized by its respective governing body or Board of Directors to
amend the Joint Funding Agreement to jointly exercise each Network Participant's individual power
to retain the services of consultants for the conceptual design and development of an implementation
strategy for countywide radio interoperability and a public safety radio and data communications
network as set forth herein, to purchase a radio communications system providing interoperability
between all Network Participants and to apply for state, federal and/or private alternate funding grants
on behalf of the Network Participants for the fund:> to purchase the radio interoperability system
and/or the data communications network equipment.
C. Communications Steering Committee
1. Composition: The Communications Steering Committee shall consist of the following five (5)
representatives appointed from their respectivc; associations:
A City Manager from the Santa Clara County/Cities Managers' Association;
b. A Fire Chief from the Santa Clara County Fire Chiefs Association;
c. A Police Chief from the Santa Clara County Police Chiefs Association; and
d. Two representatives from the Public Safety Communications Managers Association
2. Authori
a. Delegation of Authority: Each Network Participant hereby authorizes to the Communications
Steering Committee to (1) execute the professional services agreements with consultants in
the name of the Network Participants as provided herein; (2) to administer these agreements,
including, but not limited to authorize payment for services rendered under these agreements
and the power to terminate the agreement on behalf of all Network Participants; (3) purchase
a radio communications system providing interoperability between all Network Participants?
and (4) apply for state, federal and/or private alternative funding grants on behalf of the
Network Participants to purchase the radio interoperability system and/or data
communications network equipment.
b. Limitation. The Communications Steering Committee is only authorized to spend those monies
committed under this Agreement by the respective legislative bodies of the Network Participants.
3. Project Manager: For purposes of this Agreement, the Technical Services Coordinator for the
Palo Alto Police Department and the Manager of Technical Services Bureau for the Sunnyvale
Department of Public Safety shall be designated the Project Directors. The Communications
Steering Committee is authorized to appoint a different member as Project Director provided that
written notice is given to the Network Participants.
D. Funding
1. Proportionate share of Funding. Each Networl~: Participant shall share the expense for any
hardware, software and professional services equally under this Agreement. The amount of each
Network Participant's share shall be Nineteen Thousand Four Hundred and Ninety-nine Dollars
and forty-seven cents ($19,499.47)
2. Payment due date: Each Network Participant shall make no more than two payments to the City
of Mountain View. Fifteen Thousand Dollars 1,$15,000.00) is due no later than July 30, 2001 and
the balance of Four Thousand Four Hundred and Ninety-Nine Dollars and forty-seven cents
($4,499.47) must be received by the City of Mountain View no later than March 30, 2002.
Payments shall be made payable to the City o1~ Mountain View and sent to the attention of the
Finance and Administrative Services Department, 500 Castro Street, P.O. Box 7540, Mountain
View, CA 94039
Agency/Internal Trustee Account: The City of Mountain View shall deposit all the payments it
receives from the Network Participants and any grant funding into an Agency/Internal Trustee
Account. In lieu of an administrative fee for administering the account, no interest shall accrue to
the account. Upon receipt of written authorization from the Communications Steering Committee
or its designee, the City of Mountain View shall make payments on behalf of the Network
Participants to purchase radio communications hardware and/or data communication network
equipment and, if required, to pay for consultant services rendered to conceptually design and
develop an implementation strategy for a county wide public data communications network.
4. Use of Funding: The City of Mountain View shall only spend the monies received under this
agreement upon receipt of an authorized invoi~~e from the Communications Steering Committee
and only for the purpose of paying for hardware, software and/or professional services rendered
pursuant to the agreement to conceptually design and implement a county wide public safety
radio and data communications network, providing interoperability between all Network
Participants in Santa Clara County.
5. Accounting: No more than twice per fiscal ye~ir and only upon receipt of written request from the
Communications Steering Committee, the City of Mountain View will provide an accounting to
the Communications Steering Committee of the monies paid from the Agency/Internal Trustee
Account pursuant to this Joint Funding Agreement.
6. Disposition of Any Remaining Funds: Upon completion of the project, if funds totaling One
Hundred Dollars ($100.00) or more remain in the agency account then the City of Mountain View
shall disburse to each Network Participant its .proportionate share of the amount remaining (no
interest shall accrue).
E. Term.
This Agreement shall terminate upon written notice from the Communications Steering Committee
that the design of a countywide radio interoperability and public safety radio and data
communications network system is complete. Upon receipt of that notice, the Network Participants
shall have thirty (30) days to register any objectio~is in writing with the Communications Steering
Committee relating to this Agreement.
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 g~erformance of this Agreement, payments made by
the City of Mountain View to consultants for professional services or for the purchase of software or
hardware or the acts of the Communications 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 Participan~~s 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 a~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.
The Network Participants have caused this Amended agreement to be executed by their duly authorized
representatives.
CITY OF CAMPBELL
Bernar Stroh ,-City Manager
City o Cam ell
70 North First Street
Campbell, CA 95008
CITY OF CUPERTINO
David Knapp, City Manager
City of Cupertino
10300 Torre Avenue
TOWN OF LOS GATOS
Debra Figone o Manager Aypruv~d as to form:
Town of Los Gatos
110 E Main Street
Post Office Box 949 A __.._.___~_`_.
Los Gatos CA 95031 `~ - r~% ??c~rt>, Tc+~~n Attorney
. ; : ._ .
CITY OF MILPITAS
C~~ ~~
Thomas Wilson,~ity 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
CI, F LOS ALTOS
~~
=?w-
hil Rose, City Manager
City of Los Altos
1 North San Antonio Road
Los Altos, CA 94022
OF LOS ALTOS
Maureen Cassingham, Town
Town of Los Altos Hills
25379 Fremont Road
Los Altos Hills, CA 94022
CITY OF MORGAN HILL
Ed Te es, City Manager
City o Morgan Hill
17555 Peak Avenue
Morgan Hill, CA 95037
CITY OF MOUNTAIN VIEW
Kevin Duggan, ~t}~-3vlanager
City of Mountain View
500 Castro Street
Post Office Box 7540
Mountain View, CA 94039
Cupertino, CA 95014
CITY OF.PALO ALTO
Frank Beriest, City Manager
City of Palo Alto
250 Hamilton Avenue
Post Office Box 10250
Palo Alto, CA 94303
CITY OF SAN JOSE
Del Borgsdorf, City Man er
City of San Jose
801 North First Street, Room 436
San Jose, CA 95110
CITY OF SANTA CLARA
J nnifer aracin City Manager
ity of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
CITY OF SARATOGA
~~
Dave Anderson, City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
CITY OF SiINNYVALE
Robert L~aSala, C~Ey Manage
City of Sunnyvale
456 West Olive Avenue
Post Office Box 3707-94088
Sunnyvale, CA 94086
COUNTY OF SANTA CLARA
is and Wittenberg, County ecutive
Santa Clara County '~
70 West Redding Street
Eleventh Floor, East Wing
San Jose, CA 95110 g
SAN JOSE STATE UNNERSITY ~
,- l r
W. _n .~ - :..._
~
Don W. Kassing, Vice President foci
~nistration
San Jose State University Police
One Washington Square
San Jose, CA 95192
SOUTH SANTA CLARA COUNTY FIlZE
DISTRICT
Steven oo i ,Fire Chief
South Santa Clara County Fire District
Protection
15670 Monterey Street
Morgan Hill, CA 95037
SANTA CLARA VALLEY WATER
DISTRICT
. ~,,.~,~9,.~ 14/~-
Manley M. Wil~ams, Chief Executiv~Officer
/General Manager
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118-3614
~~
~~
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~ ~
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oa-i d~
SECOND AMENDED SANTA CLARA COUNTY DATA COMMUNICATIONS NETWORK
JOINT FUNDING- AGREEMENT
This Second Amended Joint Funding Agreement ("~Lgreement") is made by and between the Cities of
Campbell, Cupertino, Gilroy, Los Altos, Milpitas, T~Ionte 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 15` day of September, 2004.
Recitals
WHEREAS, the Network Participants established the Silicon Valley Regional Interoperability
Project ("SVRII'") 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 nor-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 anti between key stakeholder agencies; and
WHEREAS, Network Participants desire to continu
architect and implement a county-wide regio~ial radi
communications network system that can be implemented
significant cost savings to each Network Participant; ;ind
e to participate in the SVRIP to design,
o interoperability and integrated data
in each of the respective agencies :at a
WHEREAS, the Network Participants also desire to integrate the SVRIP network solution(s) with
other regions throughout the Bay Area for the pur)~oses of enhancing public safety operations during
regional disasters or other public safety operations; ai-d
WHEREAS, the Network Participants have committed to collaboratively solving interoperability
and communication issues throughout Santa Clara County
WHEREAS, Network Participants have pre~~iously 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 ParticiF~ants have contributed an equal share of funds to
establish the SVRII'; and
WHEREAS, on November 3, 2003, the Network Participants retained the professional services of
Northrop Grumman Corporation ("NGC") to providf; 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 d~~cument, identify potential vendors, and prepare a
Request For Proposal for a radio interoperability and data integration network solution; and
SVRIP JFA 2nd Amend 090804.doc
Page 1 of 8
WHEREAS, the SVRIP has secured Federal Homeland Security funding, as allocated by the
Operational Area Approval Authority, to assist in finasicing NGC's work for the SVRIP; and
WHEREAS, the SVR.IP is partnering with NGC to identify alternative funding sources; and
WHEREAS, the SVR.IP 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 th~° 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" fcr future interoperability
solutions; and
WHEREAS, the SVRIl' 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 irc regional interoperability efforts through "Proof of
Concept" and "Pilot" demonstration projects using st<<te, federal or other alternative funds at no increased
cost to the Network Participants; and
WHEREAS, the composition of the Steeri~ig 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 i'or the SVRIl' in May 2001;
WHEREAS, the Network Participants amended the Santa Clara County Data Communications
Network Joint Funding Agreement for the SVRIl' in 1vIarch 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 tc read as
follows:
SVRIP JFA 2nd Amend 090804.doc
Page 2 of 8
A. Purpose
In accordance with California Government Code :>ection 6502, the purpose of this Agreement is not
to create an independent authority but to jointly e~:ercise the purchasing and contracting power of all
the Network Participants to:
1. Retain the professional services of consiJltants and/or related services for the conceptual
design and implementation of a countywide and regionaUmulti-regional interoperability
solution(s), and
2. Purchase hardware andlor 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 govenunental 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 respective governing body or Board of Directors to
jointly exercise the Network Participant's individual 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 voti~lg representatives shall be appointed from their
respective associations on the Steering Committee:
(a) A City Manager from the Santa Claza 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 Executivc: or his or her designee;
SVRII' JFA 2nd Amend 090804.doc
Page 3 of 8
(e) A Metropolitan Statistical Area F:epresentative from the San Jose UASI;
(f) A Data Project Director designated by a majority vote of the Steering Committee;
(g) A Radio Project Director designated by a majority vote of the Steering Committee;
(h) A representative from the Public Safety Communications Manager's Association;
(i) A Project Coordinator designated by 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 t:he Network Participant serving as Fiscal Agent .for
the SVRIl';
3. Public Information Officer (PIO) from a Network Participant agency, and designated by
the Steering Committee, for coordin~iting media relations related to the SVRIP; and
4. Other Network Participant agency :staff as required and as determined by the Steering
Committee
2. Votin It has been the practice of the Steeling 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. An}~ 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 (~ommittee shall ensure that the Network Participants
are notified of changes in the Steering Committee membership.
4. Authority
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 1•~ousing project equipment or for office space; (3)
purchase installation and/or maintenance services from individual Network Participant agencies or 3`~
party vendors related to systems implemented a. part of the SVRII'; (4) apply for state, federal and/or
private alternative funding grants on behalf of the Network Participants for the SVRIP; (5)
participate in demonstration projects related to the SVRIP; (6) receive and spend any grant funding or
other funding obtained on behalf of the SVRIP; (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 SVRIP
travel and project related expenses approved by ~~he Steering Committee.
b. Limitation. The Steering Committee is authorized to spend only those monies: (1) previously
paid by each of the Network Participants under the March 5, 2002, Amended Santa Clara County
SVRIP 7FA 2nd Amend 090804.doc
Page 4 of 8
Data Communications Network Joint Funding Agreement; and (2) any grant funding received by the
SVRIP provided the funding is spent in accordance with any and all requirements of any applicable
grant, purchasing or bidding regulations.
D. Duties and Responsibilities of Fiscal Agent
1. A~ency/Trust Account: A Network Participant shall serve as the Fiscal Agent for the SVRIl'.
The City of Mountain View currently serves pis 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 anAgency/ 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 •~vith 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 ~~osts 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 wrn~ten 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 v~~ill 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.
SVRII' JFA 2nd Amend 090804.doc
Page 5 of 8
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 lie 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 addresse;~ 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.
APPROVED AS TO
Quinn, Senior Assistant City Attorney
ain View
SVRII' JFA 2nd Amend 090804.doc
Page G of 8
The Network Participants have caused this Amended .Agreement to be executed by their duly authorized
representatives.
CTTY OF CAMPBELL
Bern d Stroj ity Manager
City of Camp ell
70 North First Street
Campbell, CA 95008
CITY OF CUPER'TINO
t W
David Knapp, City Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
TOWN OF LOS GATOS
Debra Fi wn Manager
Town of Los Gatos
110 E Main Street
Post Office Box 949
Los Gatos, CA 95031
~'lv~~~- Me6~
Thomas Wil on, C' y Manager "
City of Milpi as
455 E. Calaveras Boulevard
Milpitas, CA 95035
CITY OF MONTE SERENO
Brian Loventhal, City Manager
City of Monte Sereno
18041 Saratoga-Los Gatos Road
Monte Sereno, CA 95030
CITY OF MORGAN HILL
CIT 0 OS ALTOS
Phil Rose, City Manager
City of Los Altos
1 North San Antonio Road
Los Altos, CA 94022
Ed T es, City Manager
City of Morgan Hill
17555 Peak Avenue
Morgan Hill, CA 95037
CTY OF MOUNTAIN VIEW
HILLS
Town of Los Altos Hills
25379 Fremont Road
Los Altos Hills, CA 94022
~~t
Kevin Duggan, i nager
City of Mountain View
500 Castro Street
Post Office Box 7540
Mountain View, CA 94039
SVRIP JFA 2nd Amend 090804.doc
Page 7 of 8
Gilroy, CA 95020
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 ager
City of San Jose
801 North First Street, Room 436
San Jose, CA 95110
CITY OF SANTA CLARA
e fifer S aracino, ty Manager
ty of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
COUNT O SANT L
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
S JOSE STATE UNIVERSITY
A ,~. - l-~ ~-v~.
Andre Barnes, Chief of Police
San Jose State University Police
One Washington Square
San Jose, CA 95192
SOUTH SANTA CLARA COUNTY FIRE
DISTRICT
_ (~;
l
Steven Woodill, Fire Chief
South Santa Clara County Fire District
Protection
15670 Monterey Street
Morgan Hill, CA 95037
SANTA CLARA VALLEY WATER DISTRICT
tanley M;iWilliams, Chief Executive Officer
Santa Cl~a Valley Water District
5750 Almaden Expressway
San Jose, CA 95118-3614
CITY SU1~T1vTYVALE
n~ /1 G~
Amy Chan, City 1Vlanager
City of Sunnyvale
456 W. Olive Avenue
Sunnyvale, CA 94086
Final SVRIP SFA 2nd Amend 092804.doc
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