HomeMy WebLinkAbout03-02 f • •
RESOLUTION NO. 3-M2
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING
EXECUTION OF JOINT FUNDING AGREEMENTS FOR RADIO
INTEROPERABILITY AND PUBLIC SAFETY DATA COMMUNICATIONS
BETWEEN THE TOWN OF LOS ALTOS HILLS AND VARIOUS CITIES AND.
PUBLIC AGENCIES
WHEREAS,the City Council of the Town of Los Altos Hills has read and
considered that certain Agreement between Network Participants and William L.
Doolittle &Associates, Inc. for Professional Services related to Radio Interoperabililty
and Public Safety Data Communications Network Project and the amended Santa Clara
County Data Communications Network Joint Funding Agreement.
NOW, THEREFORE, the City Council of the Town does resolve as follows:
1. Public interest and convenience require the Town of Los Altos Hills to
enter into the agreements described above.
2. The Town of Los Altos Hills hereby approves the agreements and the City
Manager is hereby authorized on behalf of the Town to execute the
agreements described above.
PASSED AND ADOPTED this third day of January, 2002.
'
B
Mayor
ATTEST
,
City erk
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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 fifteenth(15t)of December,2001.
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,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 JPS Communications,Inc.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 JPS Communications,Incorporated hardware 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
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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
JPS Communications,Inc.radio interoperability system and,if required,to retain consultants 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 JPS .
Communications,Incorporated,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 utilizing JPS
hardware and to apply for state,federal and/or private alternate funding grants on behalf of the Network
Participants for the funds to purchase the JPS system and/or the data communications network equipment.
C. Communications Steering Committee
1. 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
2. Authority
a. Delegation of Authority:Each Network Participant hereby authorizes to the Communications Network,
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 utilizing JPS Communications,
Incorporated hardware,and(4)apply for state,federal and/or private alternative funding grants on
behalf of the Network Participants to purchase the JPS 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. 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;
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, 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
4. 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 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.
D. Funding
1. Proportionate share of Funding.Each Network Participant shall share the expense for professional services
and the purchase of the JPS system 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($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 February 28,2002. 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 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 Network 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 for
the purpose of paying for professional services rendered pursuant to the agreement to conceptually design
and develop an implementation strategy for a county wide public safety radio and data communications
network,to JPS Communications,Incorporated for the purchase of a radio communications system
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 Network Steering Committee,the City of Mountain View will provide an accounting to
the Communications Network Steering Committee of the monies paid from the Agency/Internal Trustee
Account to pursuant to this Joint Funding Agreement.
6. Disposition of Any 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 remaining.
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
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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 or JPS
Communications,Inc,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 Amended Agreement to be executed by their duly authorized
representatives.
CITY OF CAMPBELL CITY OF MONTE SERENO
Bernard Strojny,City.Manager Brian Loventhal, City Manager
City of Campbell City of Monte Sereno
70 North First Street 18041 Saratoga-Los Gatos Road
Campbell,CA 95008 Monte Sereno,CA 95030
CITY OF GILROY CITY OF MORGAN HILL
Jay Baksa, City Administrator David Jenkins, City Manager
City of Gilroy City of Morgan Hill
7351 Rosanna Street 17555 Peak Avenue
Gilroy,CA 95020 Morgan Hill, CA 95037
OWN OF LOS OS HILL / CITY OF MOUNTAIN VIEW
Maureen Cassingham,Town Ma}iag Kevin Duggan,City Manager
Town of Los Altos Hills City of Mountain View"
25379 Fremont Road 500 Castro Street
Los Altos Hills,CA 94022 Post Office Box 7540
Mountain View,CA 94039
TOWN OF LOS GATOS
CITY OF PALO ALTO
David Knapp,Town Manager
Town of Los Gatos Frank Benest,City Manager
110 E Main Street City of Palo Alto
Post Office Box 949 250 Hamilton Avenue
Los Gatos CA 95031 Post Office Box 10250
Palo Alto,CA 94303
CITY OF MILPITAS
CITY OF SAN JOSE
June Catalano,City Manager
City of Milpitas Del Borgsdorf,City Manager
455 E.Calaveras Boulevard City of San Jose
Milpitas,CA 95035 801 North First Street,Room 436
San Jose,CA 95110
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CITY OF SANTA CLARA
Jennifer Sparacino, City Manager
City of Santa Clara
1500 Warburton Avenue SOUTH SANTA CLARA COUNTY FIRE
Santa Clara,CA 95050 DISTRICT
CITY OF SARATOGA
Steven Woodill,Fire Chief
South Santa Clara County Fire District Protection
Larry Perlin,City Manager 15670 Monterey Street
City of Saratoga Morgan Hill,CA 95037
13777 Fruitvale Avenue
Saratoga, CA 95070 SANTA CLARA VALLEY WATER DISTRICT
CITY OF SUNNYVALE
Bob LaSala, City Manager
City of Sunnyvale
456 West Olive Avenue
Post Office.Box 3707-94088
Sunnyvale, CA 94086
COUNTY OF SANTA CLARA
Richard Wittenberg,County Executive
Santa Clara County
70 West Hedding Street
Eleventh Floor,East Wing
San Jose,CA 95110 -
SAN JOSE STATE UNIVERSITY
Ric Abeyta, Chief of Police
San Jose State University Police
One Washington Square
San Jose,CA 95192
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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.
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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. Project 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 Any 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
remaining.
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 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.
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CITY OF CAMPBELL TOWN OF LOS GATOS
• --c,-
•
Bern.,dStr/ , ity.Manager • Debra Figone ' o anager
•City of C ► pbe11 Town of Los Gatos Approved as to form:
• 70 North First Street 110.East Main Street
Campbell,CA 95008 Post Office Box 949
Los.Gatos CA.95031
CITY OF CUPERTINO P.Korb,Town Attorney
CITY OF.MILPITAS '
•
Davi app, City Manager
City of Cupertino .
�
10300 Torre Avenue Tom Wilson, Ci anager
Cupertino, CA.9501A City of Milpitas
455 East Calaveras Boulevard
..OF. ' : ' :Milpitas,CA 95035
CITY OF MONTE SERENO
al BaN.a, ity Admims /'
Ci . • •'k ly
7351.Rosa a Street Brian .Withal,.Ci •M.ager
. Gilroy,C 95020 • City.of Monte Sereno
18041.Saratoga-Los Gatos Road
CITY OF.LOS ALTOS Monte Sereno,CA 95030
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CITY.OF MORGAN HILL •
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•
Phil Rose,City Manager •
- City.of Los Altos ' . Ed T es,City Manager
1.North San Antonio Road City of Morgan Hill
Los Altos,CA 94022 17555 Peak Avenue • •
• . Morgan Hill,CA 95037
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WN OP LOS • OS: it .S
• CITY OF MOUNTAIN VIEW
• •
aureen Cassingham,To ' Man. _er
Town of Los Altos Hills Kevin Duggan,City an ger
25379 Fremont Road City of Mountain View •
•
Los Altos Hills,CA 94022 • • 500 Castro Street
Post Office Box 7540
Mountain View,CA 94039 •
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CITY OF PALO ALTO -
COUNTY OF SANTA CLARA
_/ --
'. Frank Benest,City Manager . 6LCity of Palo Alto rd Wittenberg,County Execu ' e •
250.Hamilton Avenue . Santa Clara County
Post Office Box 10250 70.West Hedding Street .
Palo Alto,CA 94303 • . Eleventh Floor,East Wing
San Jose,CA.95110 ' ..
CITY OF.SAN JOSE .
. SAN JOSE STATE UNIVERSITY •
ASSISTANT TO THE CITY MANAGER • * Ric.Abeyta,Chief of golfoe
• 801 North-First Street,Room 436 San Jose.State UUversity.Police •
San Jose,CA 95110 . . - . One.Washington Square •
San Jose,CA.95192
CITY OF.SANTA CLARA •
• SOUTH SANTA CLARA COUNTY
FIRE DISTRICT
. .
enriifer.riparacino,.pity.Manager
,City.of Santa Clara ( ()�- }� •
1500.Warburton Avenue Steven Woodill,Fire.Cluef •
Santa Clara,CA.95050 South Santa Clara County.Fire District •
• 15670 Monterey Street
• • CITY.OF.SARATOGA • • Morgan Hill,CA 95037
/' SANTA CLARA VALLEY WATER
DISTRICT
Dave Anderson,City Manager
City of Saratoga
• 13777.Fruitvale Avenue.
Saratoga,CA 95070
CITY OF.SUNNYVALE • • Signature • .
/'� � / Name&Title
Bob LaSala,Ci Manag-, Santa Clara Valley Water.District
City of Sunnyvale 5750 Almaden Expressway •
456 West Olive Avenue San Jose,CA.95118-3614
. Post Office Box 3707-94088
Sunnyvale, CA 94086 .
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ATTACHMENT.A
AGREEMENT BETWEEN
NETWORK PARTICIPANTS
AND WILLIAM L. DOOLITTLE &ASSOCIATES,INC.
FOR PROFESSIONAL SERVICES RELATED TO RADIO INTEROPERABILITY AND
PUBLIC SAFETY DATA COMMUNICATIONS NETWORK PROJECT
This Agreement is dated for identification this 20 day of March 2001 and 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 and American
Medical Response, California Department of Forestry South County Fire, California Highway Patrol,
County of Santa Clara and San Jose State University(hereinafter"NETWORK PARTICIPANTS")and _
WILLIAM L.DOOLITTLE&ASSOCIATES,Inc.whose address is 233 Wilshire Boulevard, Suite 400,
Santa Monica,California 90401-1214(hereinafter"CONSULTANT").
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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 a county wide radio
interoperability and 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 and American Medical Response, California Department of Forestry South County Fire,
County of Santa Clara and San Jose State University(individually referred to as"NETWORK
PARTICIPANT"and collectively"NETWORK PARTICIPANTS")all desire to contract with a single
consultant to design a county wide radio interoperability and 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 to conceptually design and develop an implementation strategy
for the county wide radio interoperability and public safety radio and data communications network; and
WHEREAS,NETWORK PARTICIPANTS desire to retain the services of CONSULTANT to
provide professional services; and
WHEREAS,CONSULTANT is a qualified professional capable of providing the certain
professional services,which NETWORK PARTICIPANTS seek; and
WHEREAS,NETWORK PARTICIPANTS have executed a joint funding agreement authorizing
a Communications Network Steering Committee consisting of a City Manager from the Santa Clara
County/Cities Manager's Association; a Fire Chief from the Santa Clara County Fire Chiefs Association;
a Police Chief from the Santa Clara County Police Chiefs Association; and two representatives from the
Public Safety Communications Managers' Association to act on its behalf to execute and administer a
professional services agreement with CONSULTANT.
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NOW, THEREFORE,in consideration of the recitals and mutual promises contained herein,
NETWORK PARTICIPANTS do hereby engage CONSULTANT, and CONSULTANT agrees,to
.perform the services set forth herein in accordance with the following terms and conditions.
1. Description of Services. CONSULTANT shall provide the services outlined in attached Scope of
Work,Radio Interoperability and Data Communications Network,Attachment A.
2. Schedule and Term. The schedule for performing said services shall be completed no later than June
30,2002. .
3. Compensation. Total compensation for providing services under this Agreement,including expenses
shall not exceed Three Hundred Seventy Thousand Four Hundred Ninety Dollars($370,490).
4. Funding. Pursuant to a Joint Funding Agreement, each of the NETWORK PARTICIPANTS has
appropriated its proportionate share of the total compensationdue under this Agreement for
• CONSULTANT's services. These funds will be paid to the City of Mountain View(hereinafter
"CITY")who will deposit these funds into an agency account.
5. Deliverables. Agreement Deliverables are identified in Attachment A and enumerated in Attachment
B. All Deliverables shall be deemed submitted by CONSULTANT as of the date of receipt by the
NETWORK PARTICIPANTS.
6. Communications Steering Committee.
a. Powers:
Under a Joint Funding Agreement(Attachment C), each of the NETWORK PARTICIPANTS has
delegated its power to execute this professional services agreement to the Communications
Network Steering Committee, (hereinafter"STEERING COMMITTEE"). The authority of the
STEERING COMMITTEE includes,but is not limited to,the power to authorize payment for
services rendered under this Agreement and the power to terminate this Agreement on behalf of
all NETWORK PARTICIPANTS.
b. Members:
The Communications Network Steering Committee consists of a City Manager from the Santa
Clara County/Cities Managers' Association; a Fire Chief from the Santa Clara County Fire Chiefs
Association; a Police Chief from the Santa Clara County Police Chiefs Association; and two
representatives from the Public Safety Communications Manager's Association who shall serve
as Project Directors' (under this Agreement).
7. Authorization of Payment.
a. STEERING COMMITTEE shall review the invoice and verify the submittal of each of the
Deliverables due for the progress payment within five(5)business days of receipt of
CONSULTANT'S invoice. Upon receipt of written authorization from STEERING
COMMITTEE, CITY will make progress payments from the agency account to CONSULTANT
in accordance with Attachment B within 21 days of receipt of authorization.
b. Final Phase Reports.Upon receipt of Deliverables 44(final Phase I report) and 53 (fmal Phase II
report), the STEERING COMMITTEE shall review each of the proposed reports and within five
(5) calendar days,notify CONSULTANT in writing that of either its acceptance of the report as
submitted or request ask for additional amendments and/or items of clarification from
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CONSULTANT. NETWORK PARTICIPANTS may withhold the progress payments for each of
these two Deliverables until it accepts the final phase report. •
8. Ownership of Work Product. All Deliverables of CONSULTANT that result from this Agreement
are the exclusive property of NETWORK PARTICIPANTS.NETWORK PARTICIPANTS and
CONSULTANT intend that such Work Product be deemed"work made for hire"of which
NETWORK PARTICIPANTS will be deemed the author. CONSULTANT hereby irrevocably
assigns to NETWORK PARTICIPANTS all of its right,title,and interest in and to any and all of the
Work Product, whether arising from copyright,patent, trademark,trade secret, or any other state or
federal intellectual property law or doctrine. CONSULTANT will execute such further documents •
and instruments as NETWORK PARTICIPANTS may reasonably request in order to fully vest such
rights in NETWORK PARTICIPANTS. CONSULTANT forever waives any and all rights relating
to the Work Product,including without limitation, any and all rights under 17 USC 106A or any other
rights of identification of authorship or rights of approval,restriction or limitation on use or
subsequent modification.
9. Work Papers. "Work Papers"are defined as those hand-written or electronic notes,tables, draft
documents, electronic files,images, sketches,drawings,presentations or other original material
developed or created by CONSULTANT or its subcontractors during the course of performing work
under this Agreement. Work Papers include those materials provided by NETWORK
PARTICIPANTS to support the analysis and conclusions of CONSULTANT.
All Work Papers developed under this agreement are the property of CONSULTANT and their
respective subcontractors who will have the right to maintain copies of all documents provided by
NETWORK PARTICIPANTS and its participating agencies. CONSULTANT will maintain Work
Papers for a period of three years after final acceptance of the work described in this agreement.
CONSULTANT will provide access to NETWORK PARTICIPANTS upon request during normal .
business hours at CONSULTANT primary place of business. CONSULTANT retains the right to
determine the format and storage media for Work Papers and all other materials developed during this
Agreement.
10. Independent Contractor. It is agreed that CONSULTANT is an independent Contractor, and all
persons working for or under the direction of CONSULTANT or CONSULTANT's agents, servants
and employees, and said persons shall not be deemed agents,servants or employee's of NETWORK
PARTICIPANTS.
11. NETWORK PARTICIPANTS hereby acknowledge and approve the following subcontractors to
CONSULTANT.
GARY E.BOYD&ASSOCIATES,INC.
15540 Woodcrest Drive •
Sherman Oaks, CA 91403
ENTERPRISE MANAGEMENT SOLUTIONS,INC.
18663 Ventura Blvd., Suite 232
Tarzana,CA 91356
12. Successors and Assigns. Neither this Agreement nor any duties or obligations under this Agreement
may be assigned without prior written consent by NETWORK PARTICIPANTS.
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13. Applicable Laws and Attorney's Fees. This Agreement shall be construed and enforced pursuant to
the laws of the State of California. Should any legal action be brought by a party for breach of this
Agreement or to enforce any provision herein,the prevailing party of such action shall be entitled to
reasonable attorneys' fees,court costs,and such other costs as may be fixed by the court.
14. Cooperation of NETWORK PARTICIPANTS. NETWORK PARTICIPANTS agree to comply with
all reasonable requests of CONSULTANT and to provide access to all documents reasonably
necessary to the performance of CONSULTANT's duties under this Agreement.
15. Insurance.
a. Commerdial General Liability/Automobile Liability Insurance. CONSULTANT shall obtain
Commercial General Liability insurance and Automobile Liability insurance in the amount of
One Million Dollars($1,000,000)per occurrence. If a general aggregate limit is used,either the
general aggregate limit shall apply separately to this Agreement or the general aggregate limit
shall be twice the required occurrence limit. CONSULTANT's insurance coverage shall be
written on an occurrence basis.
b. Professional Liability Insurance. CONSULTANT shall obtain Professional Liability insurance in
the amount of One Million Dollars($1,000,000)per claim.
c. Workers' Compensation Insurance. CONSULTANT shall obtain statutory Workers'
Compensation insurance and Employer's Liability insurance in the amount of One Million
Dollars($1,000,000)per accident.
d. Acceptability of Insurers. Insurance is to be placed with insurers with a current Best Rating of A.
VII unless otherwise acceptable to NETWORK PARTICIPANTS.
e. Verification of Coverage. Insurance,deductibles or self insurance shall be subject to the approval
of the NETWORK PARTICIPANTS. Original Certificates of Insurance with endorsements shall
be received and approved by NETWORK PARTICIPANTS before work commences,and
insurance must be in effect for the duration of the Agreement.- The absence of insurance or a
reduction of stated limits shall cause all work on the project to cease. Any delays shall not
increase costs to NETWORK PARTICIPANTS or increase the duration of the project. -
16. Other Insurance Provisions.
• a. NETWORK PARTICIPANTS,their respective officers,officials, employees and volunteers are
covered as additional insured by Endorsement CG 20 10 11 85 for Commercial General and
Automobile Liability coverage.
•
• b. For any claims related to this project,CONSULTANT insurance coverage shall be primary and
any insurance or self-insurance maintained by NETWORK PARTICIPANTS,their respective
officers,officials, employees and volunteers shall not contribute to it.
c. Each insurance policy required shall be endorsed that a thirty(30)day notice be given to •
NETWORK PARTICIPANTS in the event of cancellation or modification to the stipulated
insurance coverage. -
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d. In the event CONSULTANT employs subcontractors as part of the work covered by this
Agreement, it shall be the responsibility of CONSULTANT to ensure that all subcontractors
comply with the same insurance requirements that are stated in this Agreement.
17. Hold Harmless. CONSULANT shall defend,indemnify and hold NETWORK PARTICIPANTS, its
officers,employees and agents harmless from any liability for damage or claims of same,including
but not limited to personal injury,property damage and death, which may arise from CONSULTANT
or CONSULTANT's contractors,subcontractors, agents or employees' operations under this
Agreement.NETWORK PARTICIPANTS shall cooperate reasonably in the defense of any action,
and CONSULTANT shall employ competent counsel,reasonably acceptable to NETWORK
PARTICIPANTS.
18. Reliance Upon Professional Skill. It is mutually agreed by the parties that NETWORK
PARTICIPANTS are relying upon the professional skill of CONSULTANT',and CONSULTANT
represents to NETWORK PARTICIPANTS that its workshall conform to generally recognized
professional standards in the industry. Acceptance of CONSULTANT's work by the NETWORK
PARTICIPANTS does not operate as a release of CONSULTANT's said representation.
19. Amendment. This Agreement maybe amended by written instrument signed by both parties.
20. Inconsistent Terms. If the attachments or exhibits to this Agreement,if any, are inconsistent with this
Agreement,this Agreement shall control.
21. Entire Agreement. This Agreement contains the entire understanding between the parties with
respect to the subject matter herein. There are no representations, agreements or understandings
(whether oral or written)between or among the parties relating to the subject matter of this
Agreement which are not fully expressed herein. If the attachments or exhibits to this Agreement,if
any, are inconsistent with this Agreement,this Agreement shall control.
22. Termination. NETWORK PARTICIPANTS may terminate this Agreement at any time by providing
thirty(30) days advance written notice to CONSULTANT.
23. In the event that NETWORK PARTICIPANTS terminate this Agreement and a progress payment is
pending, CONSULTANT shall complete all Deliverables shown in Attachment B due for that
progress payment. For purposes of this section, a progress payment is pending if CONSULTANT
has commenced work on the deliverables due for that progress payment.Upon satisfactory
completion of all of the deliverables required for the pending progress payment,NETWORK
PARTICIPANTS agree to pay CONSULTANT the entire amount of the progress payment. However,
CONSULTANT shall not commence work on any of the deliverables shown on Attachment B for a•
•future progress payment following receipt of notice of termination.
24. Force Majeure. Neither NETWORK PARTICIPANTS nor CONSULTANT will be held responsible
for delay or default caused by fire;riot,earthquake, acts of God, or war where such cause was beyond
the reasonable control of NETWORK PARTICIPANTS or CONSULTANT,respectively.
CONSULTANT,will,however,make all reasonable efforts to remove or eliminate such a cause of
delay or default and will,upon the cessation of such cause, diligently pursue performance of its
obligations under this Agreement.
25. Nondiscrimination. CONSULTANT shall afford equal employment opportunities for all persons
without discrimination because of race, color,religion, sex, sexual orientation,political affiliation,
national origin, ancestry, age,marital status,or physical or mental disability.
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26. Notices. Any notice required to be given to CONSULTANT shall be deemed to be duly and properly
given if mailed to CONSULTANT,postage prepaid, addressed to:
Mr.William L. Doolittle,President
William L.Doolittle&Associates,Inc.
233 Wilshire Boulevard, Suite 400
Santa Monica,CA 90401-1214
or personally delivered to contact at such address or at such other addresses as CONSULTANT may
designate in writing to NETWORK PARTICIPANTS.
Any notice required to be given to NETWORK PARTICIPANTS shall be deemed to be duly and
properly given to NETWORK PARTICIPANTS,postage prepaid, addressed to:
Ms. Sheryl A. Contois
Technical Services Coordinator
Palo Alto Police Department •
275 Forest Avenue
Palo Alto, CA 94301
or
Ms.Laura A.Phillips
Manager,Technical Services Bureau
Sunnyvale Department of Public Safety
700 All American Way
Sunnyvale, CA 94086
or personally delivered to NETWORK PARTICIPANTS at such address or at such other addresses as
NETWORK PARTICIPANTS may designate in writing to CONSULTANT.
27. Alternative Dispute Resolution. Prior to initiating any formal legal action arising out of this
Agreement,the Parties agree to consider alternative forms of dispute resolution, such as mediation.
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IN WITNESSS WHEREOF,this Agreement is executed by NETWORK PARTICIPANTS and •
by CONSULTANT.
APPROVED AS TO FORM: "NETWORK PARTICIPANTS"
SANTA CLARA COUNTY/Cf S
• • MANAGER'S ASSOCIATION
BY: Bernard Strojny
J ie Quinn, City of o in View
S Asst. City Attorney
:.,�
'. • City. ana: ampbell
Robeocke, City of Mountain View SANTA CLARA COUNTY FIRE
Finance and Administrative CHIEF'S ASSOCIATION
Services Director BY: Ernest Kraule
Fire ' i�f, .arato a F e Protection District
PUBLIC SAFETY COMMUNICATIONS
MANAGER'S ASSOCIATION
BY: Laura A. Phillips
,
a.er,Technical Service
Sunn ale Department of Public Safety
"CONSULTANT"
WILLIAM L.DOOLITTLE AND SANTA CLARA COUNTY POLICE
ASSOCIATES,INC. CHIEF'S ASSOCIATION
BY: William L.Doolittle BY: Michael Maehler
\me. --.
President Chief of Police,Mountain View
EIN 95-4770253
PUBLIC SAFETY COMMUNICATIONS
MANAGER'S ASSOCIATION
• BY: Sheryl A. Contois
. •
Technical S- ices Coordinator,
Palo Alto Police Department
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Attachment B
Progress
• Deliverables Provided Payment Milestone Payment
1 Deliverables: 1, 2, 3, 4, 5, 6, 7, 18, The last day of the first calendar month $30,300
19, 20, 21, 22, 23, and 24. of project execution.
2 Deliverables: 8, 24, 25, 26 and 27. All deliverables received by Network $39,400
Participants.
3 Deliverables: 9, 10, 28 and 29. The last day of the second calendar
month of project execution or all $40,700
deliverables received by Network
Participants.
• 4 Deliverables: 11, 12, 13 and 14. The last day of the third calendar month
of project execution or all deliverables $52,500
received by Network Participants.
5 Deliverables: 30, 31, 32, 33, 34, The last day of the fourth calendar month
35, 36, 37, 38, 39, 40 and 41. of project execution or all deliverables $42,200
received by Network Participants.
6 Deliverables: 15. The last day of the fifth calendar month
or all deliverables received by Network $24,200
Participants.
7 Deliverables: 16, 17 and 42 (draft). The last day of the sixth calendar month
of project execution or all deliverables $36,300
received by Network Participants.
8 Deliverables: 42 (final). The last day of the seventh calendar
month of project execution or all $14,600
deliverables received by Network
Participants.
9 Deliverables: 43. The last day of the eighth calendar month
of project execution or all deliverables $19,600
received by Network Participants.
10 Deliverables: 44 and 45. The last day of the ninth calendar month
of project execution or all deliverables $8,300
received by Network Participants.
11 Deliverables: 46. The last day of the tenth calendar month
of project execution or all deliverables $27,000
received by Network Participants.
12 Deliverables: 47, 48,49 and 50. The last day of the eleventh calendar
month of project execution or all $16,000
deliverables received by Network
Participants.
13 Deliverables: 51 and 52. The last day of the twelfth calendar
month of project execution or all $22,$00
deliverables received by Network
Participants. _
14 Deliverables: 53 and 54. The last day of the thirteenth calendar
month of project execution or all $16,090
deliverables received by Network
Participants.
Total of Payments $389,990
26 April 2001
_ • •
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.
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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. Project 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 Any 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
remaining.
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 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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• III •
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The Network Participants have caused this Agreement to be executed by their duly authorized
representatives.
CITY OF CAMPBELL . TOWN OF LOS GATOS
. � / r -
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Bern.r• S�' ° , -i .Manager Debra Figoilt,T kii Managcpproved as to form:
City .f -O pbell Town of Los Gatos
70 North First Street 110.East Main Street •
Campbell,CA 95008 ' Post Office Box 949
Los Gatos CA.95031 tKorb,Town Attorney
•
.C.NI OF CUPERTINO
1 / CITY OF.MILPITAS •
David Knapp, City Manager
10300 Torre.Avenue . Tom Wilson, City ' anager
Cupertino,CA.95014 . City of Milpitas
455 East Calaveras Boulevard
14! !471:
CITY.OF MONTE SERENO
Ja a TO ty • dminis -
• , "
C'ty.of . •y -
7:51.Rosann. treet Brian Loventhal, City Manager .
. Gin ', - • 95020 City of Monte Sereno
' - 18041.Saratoga-Los Gatos Road
CITY OF.LOS ALTOS Monte Sereno, CA 95030
CITY.OF MORGAN HILL
/.
. Phil Rose, City.Manager - . .
•
City of Los Altos Ed T- es, City Manager . •
• 1.North San Antonio Road City of Morgan Hill
Los Altos,CA 94022 17555 Peak Avenue
• Morgan Hill, CA 95037
OWN OF LOS • TOS I .
CITY OF MOUNTAINVIEW •
..._.!...._ • •
Maureen Cassingham,To n .i ager •
Town of Los Altos Hills Kevin Duggan, Ci anager
.25379 Fremont Road City of Mountain View
Los Altos Hills, CA 94022 • - 500 Castro Street .
Post Office'Box 7540 •
Mountain View, CA 94039
4
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CITY OF PALO ALTO
• COUNTY OF SANTA CLARA
•
QFrank Ben-st, City Manager
City of Palo'Alto Richard ittenberg, County Exe tive
250 Hamilton Avenue - Santa Clara County
Post Office Box 10250 70 West Hedding Street
Palo.Alto, CA 94303 Eleventh Floor,East Wing
San Jose,CA.95110 '
CITY OF.SAN JOSE
SAN.JOSE STATE UNIVERSITY
•
•
tl t z SEN •
ASSISTANT TO THE CITY MANAGER • Ric.Abeyta,Chief of
801 North First Street,Room 436 San Jose State Uni Police . .
San Jose, CA.95110 • . • One Washington square
San Jose,CA..95192
CITY OF SANTA CLARA
• SOUTH SANTA CLARA COUNTY
FIRE DISTRICT
nnifer aracino,Ci Manager •
ity.of Santa Clara '`
1500 Warburton Avenue Steven w ooaill, ire Chief
Santa Clara,CA 95050 South Santa Clara County Fire District •
15670.Monterey.Street
CITY.OF.SARATOGA Morgan Hill,CA 95037
SANTA CLARA VALLEY.WATER _ .
DISTRICT
Dave.Anderson,City Manager •
City of Saratoga •
13777.Fruitvale Avenue
Saratoga, CA.95070 •
CITY OF.SUNNYVALE Signature •
• �� Name&Title •
Bob.LaSala, ity Mana;.er Santa Clara Valley Water District
City of Sunnyvale 5750 Almaden Expressway
456.West Olive Avenue San Jose, CA.95118-3614
. Post Office.Box 3707-94088
Sunnyvale,CA 94086
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