HomeMy WebLinkAboutSanta Clara County - 2009 Joint Funding Agreement for Data Communications Network
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11/18/2009
FIRST AMENDMENT TO THE SECOND AMENDED SANTA CLARA COUNTY
DATA COMMUNICATIONS NETWORK JOINT FUNDING AGREEMENT
This First Amendment to the Second Amended Joint Funding Agreement
("Amendment") 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
November, 2009.
Recitals
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, the Network Participants approved the 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, the Network Participants amended the Santa Clara County Data
Communications Network Joint Funding Agreement for the SVRIP in September of
2004 (the "Second Amended Joint Funding Agreement"); and
WHEREAS, the Steering Committee for the SVRIP is now in the process of
preparing for the formation of a separate Joint Powers Authority to implement the next
stages ofthe SVRIP;
WHEREAS, Network Participants now desire to amend the Second Amended
Joint Funding Agreement to provide a mechanism for transferring the assets and
obligations of the Network Participants related to the SVRIP to the proposed Joint
Powers Authority;
NOW THEREFORE, the Network Participants ~gree to amend the Second
Amended Joint Funding Agreement.
1. Section E of the Joint Funding Agreement to read as follows:
SVRIP JFA Amendment 1
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liE. Term.
This Agreement shall terminate upon the earlier of the following:(a)
formation of a joint powers authority for the SVRIP by a majority of the
Network Participants and, after written notice from the Steering Committee
to the Network Participants, approval by the Steering Committee of a plan
for the disposition of assets held on behalf of the Network Participants,
accounts, and obligations, including the transfer or assignment of assets
and obligations to the joint powers authority; or (b) written notice from the
Steering Committee to the Network Participants that the objectives of the
SVRIP have been achieved, together with a plan for disposition of assets
on behalf of the Network Participants. Network Participants shall have ten
(10) days to register any objections in writing to such termination or plan.
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."
2. This Amendment may be signed in counterparts, each of which shall be deemed an
original but all of which together shall constitute one and the same amendment.
3. Except as modified by this Amendment, the terms of the Second Amended Joint
Funding Agreement shall remain unchanged and in full force and effect.
4. This Amendment is governed and construed in accordance with the laws of the
State of California.
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SVRIP JFA Amendment 2
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IN WITNESS WHEREOF, the Network Participants have caused this Amendment
to be executed by their duly authorized representatives as of the date first written above.
Approved as to Form:
By:
S. Shasta Greene, Deputy City Attorney
City of San Jose
City of Campbell
~~
-lliV\ 0K l;~
Divr MC(v7a~
By:
Name:
Title:
City of Cupertino
By:
Name:
Title:
City of Gilroy
By:
Name:
Title:
City of Los Altos
By:
Name:
Title:
SVRIP JFA Amendment 3
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IN WITNESS WHEREOF, the Network Participants have caused this Amendment
to be executed by their duly authorized representatives as of the date first written above.
Approved as to Form:
By:
S. Shasta Greene, Deputy City Attorney
City of San Jose
City of Campbell
By:
Name:
Title:
City of ~rti~r
By: ~u), ~~ '-I.;l:l...ID
Name: j)AJd:~ vJ K..w~pp
c~ MdoI A.r..J.,.. . --
Title: ~ ~{;.oV
City of Gilroy
By:
Name:
Title:
City of Los Altos
By:
Name:
Title:
SVRIP JFA Amendment 3
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IN WITNESS WHEREOF, the Network Participants have caused this Amendment
to be executed by their duly authorized representatives as of the date first written above.
Approved as to Form:
By:
S. Shasta Greene, Deputy City Attorney
City of San Jose
City of Campbell
By:
Name:
Title:
City of Cupertino
By:
Name:
Title:
City of Gilroy
BY:~
Name:~tl(} PI(\Wr-O
Title: mo.,'\fD\
City of Los Altos
By:
Name:
Title:
SVRIP JFA Amendment 3
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IN WITNESS WHEREOF, the Network Participants have caused this Amendment
to be executed by their duly authorized representatives as of the date first written above.
Approved as to Form:
By:
S. Shasta Greene, Deputy City Attorney
City of San Jose
City of Campbell
By:
Name:
Title:
City of Cupertino
By:
Name:
Title:
City of Gilroy
By:
Name:
Title:
:~tyOf~~~~
Name: Douglas Schmitz
Tij~: City Manager
SVRIP JFA Amendment 3
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Town of Los Altos Hills
By:
Name:
Title:
Town of Los Gatos
~);Z,
By:
Name: CQre') LLt (_son
Title: '~-roLUn rYl(ln~~F r
(\)
City of Milpitas
By:
Name:
Title:
City of Monte Sereno
By:
Name:
Title:
City of Morgan Hill
By:
Name:
Title:
SVRIP JFA Amendment 4
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Town of Los Altos Hills
By:
Name:
Title:
Town of Los Gatos
By:
Name:
Title:
By:
Name: ~,,~ t!!~--k/c/~
Title: &1; H~#~
City of Monte Sereno
By:
Name:
Title:
City of Morgan Hill
By:
Name:
Title:
SVRIP JFA Amendment 4
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By:
Name:
Title:
Town of Los Gatos
By:
Name:
Title:
City of Milpitas
By:
Name:
Title:
City of Monte Sereno ~A
By ~~ V
Name: Brian Loventhal
Title: City ManaCler
City of Morgan Hill
By:
Name:
Title:
SVRIP JFA Amendment 4
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Town of Los Altos Hills
By:
Name:
Title:
Town of Los Gatos
By:
Name:
Title:
City of Milpitas
By:
Name:
Title:
City of Monte Sereno
By:
Name:
Title:
City of Morgan Hill
By: ~~
Name: J. EDWARD TE1\TES
Title: City Manager
SVRIP JFA Amendment 4
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APPROVED AS TO~ I
. '. ~EY aZA;.r
City of Mountain View UITY ATIORll) -.J
By: ~{11lriL ~ FINANCIAL APPROVAL:
Name: SUtr~i~' vwmov~C~
Title: ?OCA ~ (A.itc-f7 ~
City of Palo Alto
By:
Name:
Title:
City of San Jose
By:
Name:
Title:
City of Santa Clara
By:
Name:
Title:
County of Santa Clara
By:
Name:
Title:
SVRIP JFA Amendment 5
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City of Mountain View
By:
Name:
Title:
By:
Name:
Title: ~ IfV a.v.~... r-
City of San Jose
By:
Name:
Title:
City of Santa Clara
By:
Name:
Title:
County of Santa Clara
By:
Name:
Title:
SVRIP JFA Amendment 5
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City of Mountain View
By:
Name:
Title:
City of Palo Alto
By:
Name:
Title:
City of San Jose
BY:~~
/
Namp. Deanna Santana
. Deputy City Manager
Title:
City of Santa Clara
By:
Name:
Title:
County of Santa Clara
By:
Name:
Title:
SVRIP JFA Amendment
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City of Mountain View
By:
Name:
Title:
City of Palo Alto
By:
Name:
Title:
City of San Jose
By:
Name:
Title:
City of Santa Clara
By: Jf~ Q4mw~ APPROVED AS TO FORM: ATTEST:
NameU det1t1'-- &la~~f) SANTACLARAC1TYA1TORNEY'SOFFIC~
Cilvv ~ J HELENE LEICHTER, CITY ArrOR Ef . ~ - .__
Title: I. a 'V\t:in~ CIty lerk
Awvye~1 ky CMntil: ;ttt/rv by:
County of Santa Clara
By:
Name:
Title:
SVRIP JFA Amendment 5
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City of Mountain View
By:
Name:
Title:
City of Palo Alto
By:
Name:
Title:
City of San Jose
By:
Name:
Title:
City of Santa Clara
By:
Name:
Title:
Title:
Appr
County Counsel
Dote _-:q:t:.lt/~ '"
SVRIP JFA Amendment 5
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City of Saratoga
By: OJ P'
Name:
~ ~ v-< A;c/-e r.)(/ ~
Title: c/y') ~q-"t ~.>----.
-'
San Jose State University
By:
Name:
Title:
South Santa Clara Fire District
By:
Name:
Title:
Santa Clara Valley Water District
By:
Name:
Title:
City of Sunnyvale
By:
Name:
Title:
SVRIP JFA Amendment
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City of Saratoga
By:
Name:
Title:
San Jose ~ U7jity
By. ~./"..-
Name:_PElGfL 0etEl\lA-
Title: CtnGf of PDUct..-
South Santa Clara Fire District
By:
Name:
Title:
Santa Clara Valley Water District
By:
Name:
Title:
City of Sunnyvale
By:
Name:
Title:
SVRIP JFA Amendment 6
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City of Saratoga
By:
Name:
Title:
San Jose State University
By:
Name:
Title:
South Santa Clara Fire District
By:
Name:
Title:
Santa Clara Valley Water District
By: ~~~
Name:_B u Goldie
Title: _Chief Executive Officer_
City of Sunnyvale
By:
Name:
Title:
SVRIP JFA Amendment 6
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City of Saratoga
By:
Name:
Title:
San Jose State University
By:
Name:
Title:
South Santa Clara Fire District
By:
Name:
Title:
Santa Clara Valley Water District
By:
Name:
Title:
City of SUL~'e
By 77-#.--
Name: Gary Lueqbers
Title: City Manager
~~,t~ Form
David E. Kahn, City Attorney
Date~
SVRIP JFA Amendment 6
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