HomeMy WebLinkAbout103-Agreement.pdfRD:SSG:SSG
11/18/2009
SVRIP JFA Amendment 1
T-15939\ Agreement_2
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 1st 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 of the 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 agree to amend the Second
Amended Joint Funding Agreement.
1. Section E of the Joint Funding Agreement to read as follows:
RD:SSG:SSG
11/18/2009
SVRIP JFA Amendment 2
T-15939\ Agreement_2
“E. 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.
Remainder of page intentionally left blank.
Document continues on the following page.
RD:SSG:SSG
11/18/2009
SVRIP JFA Amendment 3
T-15939\ Agreement_2
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: _______________________
City of Los Altos
By: _______________________
Name: _______________________
Title: _______________________
RD:SSG:SSG
11/18/2009
SVRIP JFA Amendment 4
T-15939\ Agreement_2
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: _______________________
Title: _______________________
RD:SSG:SSG
11/18/2009
SVRIP JFA Amendment 5
T-15939\ Agreement_2
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: _______________________
County of Santa Clara
By: _______________________
Name: _______________________
Title: _______________________
RD:SSG:SSG
11/18/2009
SVRIP JFA Amendment 6
T-15939\ Agreement_2
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 Sunnyvale
By: _______________________
Name: _______________________
Title: _______________________