Loading...
HomeMy WebLinkAboutSanta Clara County - 2002 Joint Funding Agreement for Data Communications Network . 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 5th 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 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, 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 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, Incorporated 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 determined 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 utilizing the available radio interoperability solution in Santa Clara County; and WHEREAS, Network Participants have determined 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 design 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; Each of the Network Participants now desire to amend the Joint Funding Agreement to read as follows: 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 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 radio 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 the 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 funds 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 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 Chieffrom the Santa Clara County Police Chiefs Association;and d. Two representatives from the Public Safety Communications Managers Association 2. Authoritv 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 Connnittee is only authorized to spend those monies connnitted under this Agreement by the respective legislative bodies of the Network Participants. 3. Proiect 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 Network 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. Pavment 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 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 of 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 3. Agencv/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 invoice 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 year 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, iffunds 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 objections 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 performance 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, 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 CITY OF CUPERTINO ~ David Knapp, City Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 :;;Z:;~ Phil Rose, City Manager City of Los Altos 1 North San Antonio Road Los Altos, CA 94022 ureen Cassingham, Town Town of Los Altos Hills 25379 Fremont Road Los Altos Hills, CA 94022 TOWN OF LOS GATOS c. D~ Town of Los Gatos 110 E Main Street Post Office Box 949 Los Gatos CA 95031 Approved as to form: CITY OF MILPIT AS Thomas Wilson City of Milpitas 455 E. Calaveras Boulevard Milpitas, CA 95035 Brian Loventhal, City Manager City of Monte Sereno 18041 Saratoga-Los Gatos Road Monte Sereno, CA 95030 CITY OF MORGAN HILL ~g~ City of Morgan Hill 17555 Peak Avenue Morgan Hill, CA 95037 CITY OF MOUNTAIN VIEW Ke~~~anager City of Mountain View 500 Castro Street Post Office Box 7540 Mountain View, CA 94039 ,> Frank B nest, City City of Palo Alto 250 Hamilton Avenue Post Office Box 10250 Palo Alto, CA 94303 CITY OF SAN JOSE De1~~ City of San Jose 801 North First Street, Room 436 San Jose, CA 95110 CITY OF SANTA CLARA CITY OF SARATOGA v-:7~ --. Dave Anderson, City Manager City of Saratoga 13 777 Fruitvale Avenue Saratoga, CA 95070 ,., ~ ~ I.L. J2 (' ~ cJ ~ ~ ~ 0. i ~ V/ f :t cj ~WI~. -- Don W. Kassing, Vice President for Administration San Jose State University Police One Washington Square San Jose, CA 95192 COUNTY OF SANTA CLARA RIchard Wittenberg, County Santa Clara County 70 West Hedding Street Eleventh Floor, East Wing San Jose, CA 95110 < ecutive SAN JOSE STATE UNIVERSITY SOUTH SANTA CLARA COUNTY FIRE DISTRICT ~?U~~ Steven -no I , !Te Chief South Santa Clara County Fire District Protection 15670 Monterey Street Morgan Hill, CA 95037 SANTA CLARA VALLEY WATER DI RICT nley M. Willia /General Manager Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118-3614 N () 5/17/0i