HomeMy WebLinkAboutSanta Clara County - 2001 Joint Funding Agreement for Data Communications Network
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SANTA CLARA COUNTY DATA AND RADIO COMMUNICATIONS NETWORK
JOINT FUNDING AGREEMENT
This Joint Funding Agreement ("Agreement") is made by and between the Cities of Campbell, Cupertino,
Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View,
Palo Alto, San Jose, Santa Clara, Saratoga, Sunnyvale, South Santa Clara County Fire District, the
County of Santa Clara, San Jose State University and the Santa Clara Valley Water District.
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 nonautomated Public Safety
Communications Centers within Santa Clara County to improve public safety and emergency services by
enhancing field communications during emergencies and reducing response time of emergency resources
; and
WHEREAS, the cities of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos,
Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga,
Sunnyvale, 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") all desire to contract with a single consultant 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, through a competitive bid process, the Santa Clara County/Cities Managers
Association has selected consultant William J. Doolittle and Associates, Inc. to conceptually design and
develop an implementation strategy for county wide radio interoperability and the public safety radio and
data communications network;
NOW THEREFORE, each Network Participant agrees as follows:
A. Purpose
In accordance with California Government Code Section 6502, the purpose of this Agreement is to
jointly exercise the contracting power of all the public agencies that are Network Participants to this
Agreement to retain the professional services of William L. Doolittle and Associates, Inc. (hereinafter
referred to as DOOLITTLE) to conceptually design and develop an implementation strategy for
countywide radio interoperability and a public safety radio and data communications network and
realize a significant cost savings.
B. Authorization
Each Network Participant is authorized by its respective governing body or Board of Directors to
enter into this Agreement to jointly exercise each Network Participant's individual power to retain the
services of DOOLITTLE for the sole purpose of conceptually designing and developing an
implementation strategy for countywide radio interoperability and a public safety radio and data
communications network.
C. Agreement for Professional Services
Through a formal bid process, the Santa Clara County/Cities Association selected DOOLITTLE's bid
for the conceptual design and development of an implementation strategy for county wide radio
interoperability and a public safety radio and data communications network for Three Hundred and
Eight-Nine Thousand and Nine Hundred and Ninety Dollars ($389,990). A copy of the professional
services agreement, including DOOLITTLE'S scope of work is attached hereto as Attachment "A".
D. Communications Steering Committee
1. Delegation of Power: Each Network Participant hereby delegates to the Communications
Network Steering Committee its individual power to (1) execute the professional services
agreement with DOOLITTLE attached as Exhibit "A" in the name of the Network Participants
and (2) the ability to administer the agreement, including, but not limited to the power to
authorize payment for services rendered under the agreement and the power to terminate the
agreement on behalf of all Network Participants.
2. Composition: The Communications Network Steering Committee shall consist of the following
five (5) representatives appointed from their respective associations:
a. 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
3. Proiect Manager: For purposes of this Agreement, the Technical Services Coordinator for the
Palo Alto Police Department and the Manager of the Technical Services Bureau for the
Sunnyvale Department of Public Safety shall be designated the Project Managers. The
Communications Network Steering Committee is authorized to appoint a different member as
Project Manager provided that written notice is given to the Network Participants and
DOOLITTLE.
E. Funding
1. Proportionate Share of Funding. Each Network Participant shall share the expense for
DOOLITTLE'S professional services equally. The amount of each Network Participant's share
shall be Twenty Thousand Five Hundred and Twenty-five Dollars and seventy-nine cents
($20,525.79). This amount was derived by dividing the total amount due for DOOLITTLE'S
services under the attached professional services agreement by nineteen (19), which is the total
number of the Network Participants.
2. Payment Due Date: Each Network Participant shall make no more than two payments to the City
of Mountain View. Fifteen Thousand Dollars ($15,000.00) is due no later than August 1,2001
and the balance of Five Thousand Five Hundred and Twenty Five Dollars and seventy-nine cents
($5,525.79) must be received by the City of Mountain View no later than December 31, 2001.
Payments shall be made payable to the City of Mountain View and sent to the attention of the
Finance Department, 500 Castro Street, P.O. Box 7540, Mountain View, CA 94039.
3. Agency/Internal Trustee Account: The City of Mountain View shall deposit all the payments it
receives from the Network Participants 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 Network Steering Committee or its
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designee, the City of Mountain View shall make progress payments to DOOLITTLE on behalf of
the Network Participants for services rendered to conceptually design and develop an
implementation strategy for a county wide public safety radio and data communications network.
4. Use of Funding: The City of Mountain View shall use any monies received under this agreement
for the sole purpose of paying DOOLITTLE for professional services rendered pursuant to the
agreement attached as Attachment "A" and only upon written authorization of the
Communications Network Steering Committee or its designee
5. Accounting: No more than twice per fiscal year and only upon receipt of written request from the
Communications Network Steering Committee, the City of Mountain View will provide an
accounting of the monies paid from the Agency/Internal Trustee Account to DOOLITTLE for
professional services rendered, the account balance and supporting documentation to the
Communications Network Steering Committee.
6. Disposition of Anv Remaining Funds: If funds totaling One Hundred Dollars ($100.00) or more
remain in the agency account when the professional services agreement is terminated, then the
City of Mountain View shall pay each Network Participant its proportionate share of the amount
remammg.
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 ofthis Agreement, payments made by
the City of Mountain View to DOOLITTLE or the acts of the Communications Network Steering
Committee.
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.
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The Network Participants have caused this Agreement to be executed by their duly authorized
representatives.
CITY OF CAMPBELL
CITY OF CUPERTINO
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avid pp, C~nager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95
CITY OF LOS ALTOS
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Phil Rose, City Manager
City of Los Altos
1 North San Antonio Road
Los Altos, CA 94022
TOWN OF LOS GATOS
Debra Figone, T wn anager
Towri of Los Gatos
110 East Main Street
Post Office Box 949
Los Gatos CA 95031
Approved as to form:
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(f["; ?, Korb, Town Attorney
CITY OF MILPIT AS
Tom Wilson, Ci
City of Mil pitas
455 East Calaveras Boulevard
Milpitas, CA 95035
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Brian Loventhal, 'City Manager
City of Monte Sereno
18041 Saratoga-Los Gatos Road
Monte Sereno, CA 95030
CITY OF MORGAN HILL
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Ed Te es, City Manager
City of Morgan Hill
17555 Peak Avenue
Morgan Hill, CA 95037
CITY OF MOUNTAIN VIEW
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City of Mountain View
500 Castro Street
Post Office Box 7540
Mountain View, CA 94039
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CITY OF PALO ALTO
Frank~ger
City of Palo Alto
250 Hamilton Avenue
Post Office Box 10250
Palo Alto, CA 94303
CITY OF SAN JOSE
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_ P r . JENSEN
80~~~J~lt~!n,~~1J! fr1ANAGEP
San Jose, CA 95110
CITY OF SANTA CLARA
CITY OF SARATOGA
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Dave Anderson, City Manager
City of Saratoga
13 777 Fruitvale Avenue
Saratoga, CA 95070
CITY OF SUNNYVALE
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Bob LaSala, City anager
City of Sunnyvale
456 West Olive Avenue
Post Office Box 3707-94088
Sunnyvale, CA 94086
COUNTY OF SANTA CLARA
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Ri hard itte berg, County Exe~tive
Santa Clara County
70 West Hedding Street
Eleventh Floor, East Wing
San Jose, CA 95110
SAN JOSE STATE UNIVERSITY
?
Ric Abeyta, Chief9:" 0 ice
San Jose State.JJrllVersity Police
One Washington Square
San Jose, CA 95192
SOUTH SANTA CLARA COUNTY
FIRE DISTRICT
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Steven oodill, Fire-Chief
South Santa Clara County Fire District
15670 Monterey Street .
Morgan Hill, CA 95037
SANTA CLARA VALLEY WATER
DISTRICT
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Signature
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Name & Title
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118-3614
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