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Silicon Valley Regional Interoperability Authority Meeting Agenda Silicon Valley Regional Interoperability Authority Board of Directors October 23, 2014 5:00 PM Isaac Newton Room County Government Center 70 W Hedding, San Jose CA 1. Call to Order 2. Roll Call SVRIA Board of Directors Chair Jason Baker City of Campbell Council Member Representing the Southwest County cities of Campbell, Cupertino, Monte Sereno, Saratoga, and the Town of Los Gatos P / A V-Chair Megan Satterlee City of Los Altos Council member Representing the Northwest County cities of Palo Alto, Mountain View and Los Altos P /A Mike Wasserman Santa Clara County Supervisor Representing the County of Santa Clara P / A Jerry Marsalli City of Santa Clara Council member Representing the Central County cities of Milpitas, Santa Clara, and Sunnyvale P /A Margaret Abe-Koga City of Mountain View Council member City selection Committee for Santa Clara P /A Pierluigi Oliverio City of San Jose Council member Representing the City of San Jose P / A Laurie Smith Santa Clara County Sheriff Representing the County of Santa Clara P /A Pete Constant City of San Jose Council Member Representing the City of San Jose P /A Peter Leroe-Munoz City of Gilroy Representing the South County cities of Gilroy and Morgan Hill P /A

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Silicon Valley Regional Interoperability Authority

Meeting Agenda

Silicon Valley Regional Interoperability Authority

Board of Directors

October 23, 2014 5:00 PM

Isaac Newton Room

County Government Center

70 W Hedding, San Jose CA

1. Call to Order

2. Roll Call

SVRIA Board of Directors Chair Jason Baker

City of Campbell

Council Member

Representing the Southwest

County cities of Campbell,

Cupertino, Monte Sereno,

Saratoga, and the Town of Los

Gatos

P / A

V-Chair Megan Satterlee

City of Los Altos

Council member

Representing the Northwest

County cities of Palo Alto,

Mountain View and Los Altos

P /A

Mike Wasserman

Santa Clara County Supervisor

Representing the County of

Santa Clara

P / A

Jerry Marsalli

City of Santa Clara

Council member

Representing the Central County

cities of Milpitas, Santa Clara,

and Sunnyvale

P /A

Margaret Abe-Koga

City of Mountain View

Council member

City selection Committee for

Santa Clara

P /A

Pierluigi Oliverio

City of San Jose

Council member

Representing the City of San

Jose

P / A

Laurie Smith

Santa Clara County Sheriff

Representing the County of

Santa Clara

P /A

Pete Constant

City of San Jose

Council Member

Representing the City of San

Jose

P /A

Peter Leroe-Munoz

City of Gilroy

Representing the South County

cities of Gilroy and Morgan Hill

P /A

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Council Member

3. Public Comment

4. Consent Calendar

a. Approval of minutes of June 26, 2014

5. Closed Session

5.1 Closed Session Pursuant to Government Code Section 54957(b)(1), Public

Employee Appointment (Interim Executive Director)

5.2 Closed Session Pursuant to Government Code Section 54957(b)(1), Public

Employee Appointment (Executive Director)

6. Action Items

6.1 Potential Appointment of Interim Executive Director and Discussion of Process

Action or Direction.

6.2 Discussion of the 2015 Board of Directors Meeting Schedule and Action to Adopt

Resolution Setting Meeting Schedule

6.3 Discussion of the County Required Changes to the Conflict of Interest Code and

Action to Approve the Changes to the Conflict of Interest Code.

6.4 Discussion of the FY2014 Audit and Action to Accept the Audit.

6.5 Discussion of the Site Selection for Stage IV and Action to Approve the Sites

6.6 Discussion of the Services Agreement with Heather Tannehill-Plamondon and

Action to Approve the Agreement.

6.7 Discussion of the Selection of a Chair and Vice Chair and Action to Approve the

Selection.

7. Reports on SVRIA Projects

a. ECOMM Asset Transfer status report

b. CAD to CAD progress report

c. ECOMM VOIP System progress report

8. SVRCS Project Update

Infrastructure installation

9. Discussion of Next Meeting Date

10. Board Comments

11. Adjournment

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ACCOMMODATION: If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please call (408)277-3394 at least 72 hours in advance of the meeting. AGENDAS AND OTHER DOCUMENTS: Public Records Pursuant to Government Code Section 54957.5, all public records produced by the Authority relating to an open session item on this agenda that are distributed to a majority of the Working Committee Members and are not exempt from disclosure pursuant to the California Public Records Act and will be available for public inspection at the Cupertino City Clerk’s Office, 10300 Torre Avenue, Cupertino, California at the same time that the public records are distributed or made available to the Working Committee Members and at the meeting location at the time of the Working Committee meeting. PUBLIC COMMENT: Anyone who desires to address the Working Committee on an item appearing on the agenda may do so when public comment is called for on that item Anyone who desires to address the Working Committee on items not appearing on the agenda but within the subject matter jurisdiction of the Working Committee may do so during the Public Comment item on the Agenda. The Working Committee is unable to take action on or engage in detailed discussion of issues presented during the Public Comment item. Comments by the public should be limited to two (2) minutes. CONSENT CALENDAR: Consent Calendar items are typically non-controversial in nature and are considered for approval by the Working Committee with one single action. Members of the audience, Staff or the Working Committee Members who would like an item removed from the Consent Calendar for purposes of discussion may request the Chairperson to remove the item to the regular agenda.

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Silicon Valley Regional Interoperability Authority

Meeting Minutes

Silicon Valley Regional Interoperability Authority

Board of Directors

Thursday, June 26, 2014 5:00PM Isaac Newton Center

70 W. Hedding Street

San Jose, CA

1. Call to Order :1704 by Chair Jason Baker

2. Roll Call

SVRIA Board of Directors Chair Jason Baker

City of Campbell

Council Member

Representing the Southwest

County cities of Campbell,

Cupertino, Monte Sereno,

Saratoga, and the Town of Los

Gatos

P

V-Chair Megan Satterlee

City of Los Altos

Council member

Representing the Northwest

County cities of Palo Alto,

Mountain View and Los Altos

A

Mike Wasserman

Santa Clara County Supervisor

Representing the County of Santa

Clara

P

Jerry Marsalli

City of Santa Clara

Council member

Representing the Central County

cities of Milpitas, Santa Clara,

and Sunnyvale

P

Jim Davis also in attendance

Margaret Abe-Koga

City of Mountain View

Council member

City selection Committee for

Santa Clara

P/arrived at 1726

Pierluigi Oliverio

City of San Jose

Council member

Representing the City of San Jose P

Laurie Smith

Santa Clara County Sheriff

Representing the County of Santa

Clara

P

Pete Constant

City of San Jose

Council Member

Representing the City of San Jose A

Peter Leroe-Munoz

City of Gilroy

Council Member

Representing the South County

cities of Gilroy and Morgan Hill

A

3. Public Comment : None

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4. Consent Calendar

a. Approval of minutes of April 24, 2014 by unanimous vote.

5. Action Items

5.1 Presentation of the Maintenance Services Agreement for Aviat Networks and Action

to Approve the Agreement.

Director McCammon provided an overview of the staff report and provided

an explanation of the work being done by Aviat and the projected

maintenance for the next year.

On a motion by Member Wasserman, and a second by Member Marsalli, and

with a unanimous vote the motion passed. Agreement approved.

5.2 Presentation of Agreement with Law Offices of Gary M. Baum for General Counsel

Services for FY 2014 – 2015 and Action to Approve the Agreement.

Director McCammon provided an overview of the staff report, he also

pointed out some minor changes to the prior agreement. Director

McCammon and Mr. Baum were available for questions. Chair Baker

thanked Mr. Baum for his on-going assistance and guidance.

On a motion by Member Wasserman, and a second by Member Marsalli and

with a unanimous vote the motion passed. Agreement Approved.

6. SVRCS Project Update

Director McCammon provided an update on the work being done.

Walsh prime, ECOMM and Sunnyvale Public Safety all on and being

monitored.

MV is complete, HVAC upgrade being done.

Carol drive site up and providing a signal

Pruneyard is optimizing now and should be on line by end of week

Palo Alto City Hall –working on putting a shelter on the roof, engineering

work is done, waiting on the final info from Motorola for the shelter

Director McCammon provided follow up to the conversations about the Silicon Valley

Leadership Group Transportation Tax Measure. In the initial conversations it was

discussed that the tax measure could provide up to $50M for the SVRCS, to cover the

infrastructure build, and an allocation for radios, as well as consoles for those who need

them. After polling done after the Primary Election in June, it was decided to move the

Measure to the 2016 election rather than this November. Chair Baker explained that he

would not have normally engaged in the conversation about this tax measure without the

approval of the rest of the Board, but that due to timing, he felt it was worth bringing

Carl Guardino in for a special meeting that was subsequently canceled after the primary.

Member Wasserman stated that he is not an advocate of the tax measure, and that the

strategy of putting something like the Public Safety Radio build into a transportation

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measure there may be some who support the Public Safety Radio but not the rest of the

measure and it can be tricky if it is not clear what the measure is funding.

Member Wasserman reminded the Board of the Planning Retreat, where there were of

differences of opinion on how to finance the infrastructure, but most agreed that a parcel

tax was not a desired option. Per radio costs was agreed upon at the retreat as it did

seem fair and there was very positive conversation about the viability of members being

able to manage the per user count as part of the cost formula. He also reemphasized that

the County is on board to assist with the financing.

Director McCammon clarified that we are still moving forward with the financing

solution with the County and if anything comes of the Measure he will be looking at

opportunities to use the new revenue to assume the financed liabilities.

Member Wasserman just wants to make sure that the tax measure is clear on what is

being funded and he is reluctant to support it.

Chair Baker added that independent of whether this moves forward, there was a great

opportunity to educate people in influential places about the SVRIA, and the work that

is being done in support of our Public Safety Communication efforts.

Member Wasserman, stressed the importance to focus on the timing and advanced

notice when you talk about the costs and when it will become due.

Director McCammon shared that Ed Shikada, San Jose City Manager, pulled together a

meeting with people form the school districts that he attended and they are interested in

an opportunity to see about coming on to the system to allow for communication

between campuses and Public Safety. Director McCammon will be working with Chief

Turner and Sheriff Smith to speak to the Police Chiefs at a future meeting about this.

Director McCammon also made a presentation to the Community College Police Chiefs

to discuss opportunities for their participation.

Member Wasserman confirmed SJ Airport is SJPD, and then asked about Hospitals.

Most employ private security, but there is a base station radio in each hospital that will

connect to the SVRCS. Rural Metro, will be added to the system, through the EMS

Contract. VTA has also expressed an interest. Sheriff Smith indicated that the LE

providers for VTA were included in the SO numbers. Director McCammon clarified

that any other VTA users would be in different talk groups and would not impact Public

Safety traffic.

Director McCammon explained that he would bring someone in to develop the fleet

maps to determine the talk groups and who is accessed in which talk group. As the users

become defined and Channels are deployed.

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Miscellaneous:

The SVRIA Office has officially moved to the Santa Clara Police Department. The

contact information will be updated on the website and sent out to all members.

We donated the MAC computers to the Santa Clara PAL. (Letter shared with the

Board)

We sold the surplus furniture that could not be used in the new office.

7. Board Comments: None

8. Adjournment: 1735

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Silicon Valley Regional Interoperability Authority

AGENDA ITEM 6.2

Silicon Valley Regional Interoperability Authority

Board of Directors Meeting

October 23, 2014

TO: Board of Directors

Silicon Valley Regional Interoperability Authority (SVRIA)

FROM: Heather Plamondon, Management Analyst

Silicon Valley Regional Interoperability Authority (SVRIA)

SUBJECT: SVRIA 2015 Board of Directors Meeting Schedule

RECOMMENDATIONS:

Approve Resolution 14-01 for the 2015 Board of Directors Meeting Schedule

SUMMARY/DISCUSSION:

Pursuant to the JPA Agreement for the SVRIA, Section 5, Board of Directors;

Organization, 5.4 Meetings, the Board must adopt a resolution to set the date, time and

location of the Regular Meetings for the Board. The Board is required to hold no less

than two regular meetings per year. Staff proposes a Bi-monthly Meeting Schedule. As

such, we propose the following:

Thursday, January 22, 2015; 5:00pm; Santa Clara Police Department

Thursday, March 26, 2015; 5:00pm; Santa Clara Police Department

Thursday, May 28, 2015; 5:00pm; Santa Clara Police Department

Thursday, July 23, 2015; 5:00pm; Santa Clara Police Department

Thursday, September 24; 5:00pm; Santa Clara Police Department

Thursday, November 19, 2015; 5:00pm; Santa Clara Police Department

Should the need arise, the Executive Director and/or the Board Chair may set Special Meetings.

Staff will endeavor to follow the same notification and posting requirements for Special

Meetings as used for Regular Meetings of the Board.

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1

RESOLUTION NO. 2014-

A RESOLUTION OF THE BOARD OF DIRECTORS OF

THE SILICON VALLEY REGIONAL

INTEROPERABILITY AUTHORITY SETTING THE

REGULAR MEETING DATES FOR 2015

WHEREAS, the Silicon Valley Regional Interoperability Authority (the “Authority”), a joint

powers agency duly organized and existing under and by virtue of the laws of the State of

California, is required by Section 5.4 of the Joint Powers Agreement to set their regular meeting

schedule; and

WHEREAS, the Authority has decided to set its regular meeting dates and location as listed

below; and

WHEREAS, the Authority’s Executive Director and/or the Board Chair may set such additional

special meetings as necessary; and

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE

SILICON VALLEY REGIONAL INTEROPERABILITY AUTHORITY THAT THE

REGULAR MEETING SCHEDULE AND LOCATION FOR 2014 SHALL BE AS FOLLOWS:

1. Thursday, January 22, 2015; 5:00pm; Santa Clara Police Department, 601 El Camino

Real, Santa Clara, CA 95050

2. Thursday, March 26, 2015; 5:00pm; Santa Clara Police Department

3. Thursday, May 28, 2015; 5:00pm; Santa Clara Police Department

4. Thursday, July 23, 2015; 5:00pm; Santa Clara Police Department

5. Thursday, September 24; 5:00pm; Santa Clara Police Department

6. Thursday, November 19, 2015; 5:00pm; Santa Clara Police Department

Dated this _______ day of _______________, 2014.

_________________________________

Jason Baker

Chair Board of Directors of SVRIA

Resolution SVRIA Regular Meeting Dates 2015 revised 10-19-14

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Staff Report Related to SVRIA BoD 102314 Meeting Agenda Item 6.3

1

102314

Prepared by Gary M. Baum, General Counsel

SILICON VALLEY REGIONAL INTEROPERABILITY AUTHORITY

(SVRIA)

STAFF REPORT

BOARD OF DIRECTORS MEETING

MEETING DATE: Thursday, October 23, 2014

AGENDA ITEM: # 6.3

SUBJECT: Approval of Resolution Amending the Conflict of Interest Code for the

SVRIA Pursuant to Requested Changes from County Counsel

RECOMMENDATION

The General Counsel and staff recommend that the Board of Directors approve a resolution

adopting an amended Conflict of Interest Code. The amendments to the Code are based upon

recommendations from Santa Clara County Counsel. The motion should include direction to the

SVRIA General Counsel to make additional, non-substantive changes to the Code as requested

by County Counsel in order to complete this Code update by the November 30, 2014 deadline.

BACKGROUND and EXECUTIVE SUMMARY

The Political Reform Act requires that the SVRIA Board of Directors review and amend (as

necessary) its Conflict of Interest Code every two years. The County Board of Supervisors is

responsible for approving the SVRIA Conflict of Interest Code. County Counsel conducted a

detailed review of all the various Districts and Joint Power Authorities within the County and

asked that each entity update their Conflict of Interest Code to reflect the latest changes in Fair

Political Practices Commission’s regulations and laws (codified under the Political Reform Act).

The County requested that SVRIA make a series of legal and technical changes. None of the

changes affect the operation of SVRIA or the substance of the Code itself. The changes merely

state filing requirements by new consultants and employees as well as other technical changes.

An important purpose of the Conflict of Interest Code is to designate the various categories of

employees or consultants who must file a FPPC Statement of Economic Interest, commonly

called the Form 700. The Code also provides which level of disclosure each employee or

consultant must meet in his or her Form 700. For example, the Executive Director and General

Counsel must file the highest level of disclosure. The County of Santa Clara serves as SVRIA’s

filing authority for Form 700s. SVRIA’s Board of Directors, Executive Director, General

Counsel and some consultants must file their Form 700 disclosures through the County’s “E-

filing” system.

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The SVRIA General Counsel made the proposed revisions to the Conflict of Interest Code based

upon specific direction from the County Counsel. The SVRIA Executive Director approved

these revisions and SVRIA filed the appropriate documentation with the County prior to this

meeting. The next step is for the Board of Directors to review and approve the changes.

Following the SVRIA Board’s approval, County Counsel will conduct a final review of the

document and then forward it to the County Board of Supervisors for their approval.

Because the revisions that the County Counsel has requested are highly technical, it is possible

that the County Counsel will have an additional, minor non-substantive changes to reflect the

County Counsel’s understanding of the new regulations. This process must be concluded by

November 30, 2014. Thus it has requested that the General Counsel be provided with the narrow

authority to make non-substantive revisions at the request of County Counsel in order to finalize

the revisions to the Conflict of Interest Code in order to meet the deadline.

Redlined and Final versions of the Conflict of Interest Code are attached for your review and

consideration.

FINANCIAL IMPACT

There is no fiscal impact on SVRIA by the passage of this Resolution Amending the Conflict of

Interest Code. The FPPC requires that SVRIA review and approve changes every two years.

Supporting Documents:

Silicon Valley Regional Interoperability Authority Conflict of Interest Code including

Resolution for Adoption – Final Version

Silicon Valley Regional Interoperability Authority Conflict of Interest Code including

Resolution for Adoption – Redlined Version1

Staff Report for SVRIA Conflict of Interest Code Amendment Adoption (4) 10-20-14

1 The redlined version is attached in order to show all changes made to the Conflict of Interest Code. Some non-substantive

formatting changes are not shown in the redlined version.

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1

Silicon Valley Regional

Interoperability Authority

Conflict of Interest Code

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RESOLUTION NO. 2014-

A RESOLUTION OF THE BOARD OF DIRECTORS OF

THE SILICON VALLEY REGIONAL

INTEROPERABILITY AUTHORITY ADOPTING AN

AMENDED CONFLICT OF INTEREST CODE FOR

THE SILICON VALLEY REGIONAL INTEROPERABILITY AUTHORITY

WHEREAS, pursuant to the California Political Reform Act of 1974, specifically

Government Code Section 87300, the Silicon Valley Regional lnteroperability

Authority must adopt a conflict of interest code; and

WHEREAS, pursuant to Title 2 of the California Code of Regulations Section

18730, the Silicon Valley Regional lnteroperability Authority may meet this

requirement by adopting by reference the terms of the standard model conflict

of interest code in said Section 18730, as may be amended from time to time,

together with appendices listing the designated positions and disclosure

categories; and

WHEREAS, any such conflict of interest code must be approved by the Santa

Clara County Board of Supervisors as the Silicon Valley Regional

lnteroperability Authority's code reviewing body pursuant to Government Code

Section 82011.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF

THE SILICON VALLEY REGIONAL INTEROPERABILITY AUTHORITY

THAT:

1. The terms of the standard model conflict of Interest code contained in

Title 2 of the California Code of Regulations Section 18730, as may be

amended from time to time, are hereby adopted, incorporated by

reference and shall serve, together with the. Appendices attached

hereto, as the Conflict of Interest Code of the Silicon Valley Regional

lnteroperability Authority.

2. The list of disclosure categories attached hereto as Appendix A is

hereby adopted.

3. The list of designated positions attached hereto as Appendix B is hereby Revised 10-20-14

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adopted. 4. Persons holding a designated position listed in Appendix B, including

temporary employees and consultants, must file the Form 700 -

Statement of Economic Interests with the Authority’s filing official. If a

statement is received in signed paper format, the filing official shall make

and retain a copy and forward the original of this statement to the filing

officer, the County of Santa Clara Clerk of the Board of Supervisors. If a

statement is electronically filed using the County of Santa Clara’s Form

700 e-filing system, both the filing official and the County of Santa Clara

Clerk of the Board of Supervisors will receive access to the e-filed

statement simultaneously. The Authority shall make the statements

available for public inspection and reproduction pursuant to Government

Code section 81008.

5. The Conflict of Interest Code of the Silicon Valley Regional

lnteroperability Authority shall become effective upon the date of its

approval by the Santa Clara County Board of Supervisors, the Authority's

code reviewing body.

ADOPTED this 23rd day of October, 2014, by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTION:

ATTEST:

Authority Secretary: Name:

_____________________________

Jason Baker, Chair of the Board of Directors

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APPENDIX A

Disclosure Ca t e go r i e s

Category 1:

Persons in this category shall disclose investments, business positions, and

income, including gifts, loans, and travel payments, from sources which

provide services, supplies, materials, machinery, or equipment of the type

utilized by the Authority, including but not limited to: telecommunications

companies, information technology companies, private emergency services

companies, and business entities that provide goods or services to

emergency services entities and police and fire agencies.

Category 2:

Persons in this category shall disclose interests in real property located within Santa Clara County.

Category 3:

Persons in this category shall disclose interests in real property located

within Santa Clara County and investments, business positions, and income,

including gifts, loans, and travel payments, from sources which provide

services, supplies, materials, machinery, or equipment of the type utilized by

the Authority, including but not limited to: telecommunications companies,

information technology companies, private emergency services companies,

and business entities that provide goods or services to emergency services

entities and police and fire agencies.

Category 4: Consultants, as defined for purposes of the Political Reform Act

shall disclose pursuant to the broadest disclosure category in the conflict of

interest code subject to the following limitation: The agency may determine in

writing that a particular consultant, although a "designated position," is hired

to perform a range of duties that is limited in scope and thus is not required

to comply fully with the disclosure requirements of the broadest disclosure

category, but instead must comply with more tailored disclosure requirements

specific to that consultant. Such a determination shall include a description

of the consultant's duties and, based upon that description, a statement of

the extent of disclosure requirements. All such determinations are public

records and shall be retained for public inspection along with this conflict of

interest code.

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4

Designated Position Disclosure

Category

Member of the Board of Directors 3

Member of the Working Committee 3

Secretary to the Board of Directors 3

Executive Director 3

General Counsel 3

Consultant 4

Newly Created Position *

APPENDIX B

Designated Positions

**Newly Created Positions

A newly created position that makes or participates in the making of decisions that may foreseeably have a material effect on any financial interest of the position-holder, and which specific position title is not yet listed in the Authority’s conflict of interest code is included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation: The Authority may determine in writing that a particular newly created position, although a “designated position,” is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the broadest disclosure requirements, but instead must comply with more tailored disclosure requirements specific to that newly created position. Such written determination shall include a description of the newly created position's duties and, based upon that description, a statement of the extent of disclosure requirements. The Authority’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code. (Gov. Code Section 81008.) As soon as the Authority has a newly created position that must file statements of economic interests, the Authority shall contact the County of Santa Clara Clerk of the Board of Supervisors Form 700 division to notify it of the new position title to be added in the County’s electronic Form 700 record management system, known as eDisclosure. Upon this notification, the Clerk’s office shall enter the actual position title of the newly created position into eDisclosure and the Authority’s filing official shall ensure that the name of any individual(s) holding the newly created position is entered under that position title in eDisclosure.

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Additionally, within 90 days of the creation of a newly created position that must file Statements of Economic Interests, the Authority shall update this conflict-of-interest code to add the actual position title in its list of designated positions, and submit the amended conflict of interest code to the County of Santa Clara Office of the County Counsel for code-reviewing body approval by the County Board of Supervisors. (Gov. Code Sec. 87306.)

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1

Silicon Valley Regional

Interoperability Authority

Conflict of Interest Code

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RD:SSG

RESOLUTION NO. 2014- A RESOLUTION OF THE BOARD OF DIRECTORS OF

THE SILICON VALLEY REGIONAL INTEROPERABILITY

AUTHORITY ADOPTING AN AMENDED CONFLICT OF

INTEREST CODE FOR THE SILICON VALLEY

REGIONAL INTEROPERABILITY AUTHORITY

WHEREAS, pursuant to the California Political Reform Act of 1974, specifically

Governrne11t Code Section 87300, the Silicon Valley Regional lnteroperability Authority

must adopt a conflict of interest code; and

WHEREAS, pursuant to Title 2 of the California Code of Regulations Section 18730,

the Silicon Valley Regional lnteroperability Authority may meet this requirement by

adopting by reference the terms of the standard model conflict of interest code in said

Section 18730, as may be amended from time to time, together with appendices listing

the designated positions and disclosure categories; and

WHEREAS, any such conflict of interest code must be approved by the Santa Clara

County Board of Supervisors as the Silicon Valley Regional lnteroperability Authority's

code reviewing body pursuant to Government Code Section 82011.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE

SILICON VALLEY REGIONAL INTEROPERABILITY AUTHORITY THAT:

1. The terms of the standard model conflict of Interest code contained in Title 2 of

the California Code of Regulations Section 18730, as may be amended from

time to time, are hereby adopted, incorporated by reference and shall serve,

together with the. Appendices attached hereto, as the Conflict of Interest Code

of the Silicon Valley Regional lnteroperability Authority.

2. The list of disclosure categories attached hereto as Appendix A is hereby

adopted.

3. The list of designated positions attached hereto as Appendix B is hereby

adopted.

666047 Revised 10-20-14

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3

Agenda: 06/16/10 Item No.:

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4

RD:SSG

4. Persons holding the designated positions listed in the attached Appendix B,

including temporary employees and consultants, must file the Form 700-

Statement of Economic Interests with the Authority's code reviewing body, the

Santa Clara County Board of Supervisors pursuant to Government Code Section

875000).

Persons holding a designated position listed in Appendix B, including temporary

employees and consultants, must file the Form 700 - Statement of Economic

Interests with the Authority’s filing official. If a statement is received in signed

paper format, the filing official shall make and retain a copy and forward the

original of this statement to the filing officer, the County of Santa Clara Clerk of

the Board of Supervisors. If a statement is electronically filed using the County

of Santa Clara’s Form 700 e-filing system, both the filing official and the County

of Santa Clara Clerk of the Board of Supervisors will receive access to the e-filed

statement simultaneously. The Authority shall make the statements available for

public inspection and reproduction pursuant to Government Code section 81008.

5. The Conflict of Interest Code of the Silicon Valley Regional lnteroperability

Authority shall become effective upon the date of its approval by the Santa Clara

County B.oard of Supervisors, the Authority's code reviewing body.

ADOPTED this 23rd16th day of OctoberJune, 20140, by the following vote:

AYES: Baker, Casas, Constant, Oliverio, Smith, Hoodward.

NOES: None.

ABSENT: Shirakawa.

ABSTENTION:None.

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5

ATTEST: .:

By:

Name: t<'IWtb e dy .SVYt i'tiJ\ Authority Secretary

666047 Agenda: 06/16110 Item No.:

_____________________________

Jason Baker

Authority Chairperson 2

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RD:SSG

666047 Agenda: 06/16/10 Item No.:

3

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APPENDIX A

Disclosure Categories

Category 1:

Persons in this category shall disclose investments, business positions, and income,

including gifts, loans, and travel payments, from sources which provide services,

supplies, materials, machinery, or equipment of the type utilized by the Authority,

including but not limited to: telecommunications companies, information technology

companies, private emergency services companies, and business entities that provide

goods or services to emergency services entities and police and fire agencies.

Category 2:

Persons in this category shall disclose interests in real property located within Santa

Clara County.

Category 3:

Persons in this category shall disclose interests in real property located within Santa

Clara County and investments, business positions, and income, including gifts, loans,

and travel payments, from sources which provide services, supplies, materials,

machinery, or equipment of the type utilized by the Authority, including but not limited

to: telecommunications companies, information technology companies, private

emergency services companies, and business entities that provide goods or services to

emergency services entities and police and fire agencies.

Category 4: Consultants, as defined for purposes of the Political Reform Act shall disclose

pursuant to the broadest disclosure category in the conflict of interest code subject to

the following limitation: The agency may determine in writing that a particular consultant,

although a "designated position," is hired to perform a range of duties that is limited in

scope and thus is not required to comply fully with the disclosure requirements of the

broadest disclosure category, but instead must comply with more tailored disclosure

requirements specific to that consultant. Such a determination shall include a

description of the consultant's duties and, based upon that description, a statement of

the extent of disclosure requirements. All such determinations are public records and

shall be retained for public inspection along with this conflict of interest code.

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666047 Agenda: 06/16/10 Item No.:

4

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Designated Position Disclosure

Category

Member of the Board of Directors 3

Member of the Working Committee 3

Secretary to the Board of Directors 3

Executive Director 3

General Counsel 3

Consultant 4

Newly Created Position *

APPENDIXB

Designated Positions

**Newly Created Positions

A newly created position that makes or participates in the making of decisions that may foreseeably have a material effect on any financial interest of the position-holder, and which specific position title is not yet listed in the Authority’s conflict of interest code is included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation: The Authority may determine in writing that a particular newly created position, although a “designated position,” is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the broadest disclosure requirements, but instead must comply with more tailored disclosure requirements specific to that newly created position. Such written determination shall include a description of the newly created position's duties and, based upon that description, a statement of the extent of disclosure requirements. The Authority’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code. (Gov. Code Section 81008.) As soon as the Authority has a newly created position that must file statements of economic interests, the Authority shall contact the County of Santa Clara Clerk of the Board of Supervisors Form 700 division to notify it of the new position title to be added in the County’s electronic Form 700 record management system, known as eDisclosure. Upon this notification, the Clerk’s office shall enter the actual position title of the newly created position into eDisclosure and the Authority’s filing official shall

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ensure that the name of any individual(s) holding the newly created position is entered under that position title in eDisclosure. Additionally, within 90 days of the creation of a newly created position that must file Statements of Economic Interests, the Authority shall update this conflict-of-interest code to add the actual position title in its list of designated positions, and submit the amended conflict of interest code to the County of Santa Clara Office of the County Counsel for code-reviewing body approval by the County Board of Supervisors. (Gov. Code Sec. 87306.)

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Staff Report Related to SVRIA BoD 102314 Meeting Agenda Item 6.4

1

102314

Prepared by Gary M. Baum, General Counsel

SILICON VALLEY REGIONAL INTEROPERABILITY AUTHORITY

(SVRIA)

STAFF REPORT

BOARD OF DIRECTORS MEETING

MEETING DATE: Thursday, October 23, 2014

AGENDA ITEM: # 6.4

SUBJECT: Accept and Receive SVRIA Audit Report for Fiscal Year 2013 - 2014

RECOMMENDATION

The General Counsel and staff recommend that the Board of Directors accept and receive the

SVRIA Audit Report for Fiscal Year 2013 – 2014.

BACKGROUND and EXECUTIVE SUMMARY

SVRIA is required to have an annual audit of its financial affairs. The audit must be conducted by

a third party Certified Public Accountant firm. SVRIA’s annual audit is managed through Santa

Clara County’s Finance Department. The County serves as SVRIA’s fiscal agent for all financial

matters. The audit was conducted by Vargas & Company, a CPA firm with extensive

governmental auditing experience. The audit followed the Government Auditing Standards issued

by the U.S. Comptroller of the Currency. Vargas & Company drafted an Audit Report for the

period ending June 30, 2014. Vargas & Company also provides a summary letter. The summary

letter found that there were no material deficiencies in SVRIA’s internal financial controls. This

is the goal for a “clean” or favorable audit. SVRIA met that test.

An electronic copy of the audit was provided to the Board previously and hard copies will be

available at the meeting.

FINANCIAL IMPACT

The cost of the audit was within the budget for this service. An annual audit is a requirement for

SVRIA to continue as an ongoing concern.

Supporting Documents:

Silicon Valley Regional Interoperability Authority Audit Report ending June 30, 2014, prepared

by Vargas & Company

Staff Report for SVRIA Annual Audit (2) 10-20-14

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Silicon Valley Regional Interoperability Authority

AGENDA ITEM 6.5

Silicon Valley Regional Interoperability Authority

Board of Directors Meeting

October 23, 2014

TO: Board of Directors

Silicon Valley Regional Interoperability Authority (SVRIA)

FROM: Heather Plamondon, Management Analyst

Silicon Valley Regional Interoperability Authority (SVRIA)

SUBJECT: SVRCS system Stage IV Site Selection

RECOMMENDATIONS:

Support the Stage IV site selection as recommended by the Working Committee.

SUMMARY/DISCUSSION:

The development of the SVRCS system began with the build out of repeater sites to

establish coverage to enable the cities of Santa Clara and Sunnyvale to migrate onto the

system. Stages I, II, and III included the master site, one prime site, and eight repeater

sites, which represents eight of the ten sites needed for the West Cell.

The current available grant funding including UASI and SHSGP funds is $1.6 million,

designated for SVRCS infrastructure.

In order to select the best option for the development of infrastructure there are several

factors that come into play that impact the decision. In order to receive the maximum

discount from Motorola under the current County contract, we need to purchase two

repeater sites, three dispatch consoles and over 500 radios. There are sufficient radio

purchases between the Assistance to Firefighter’s grant recipients and other local

purchases to qualify for the maximum radio discount. We expect to qualify of the

dispatch console requirement through a purchase by Morgan Hill, which leaves the

purchase of two repeater sites as the last order to qualify for the maximum discounts.

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Given the available grant funds we could purchase the two required sites in order to

receive the discount. The UASI funds need to be expended this year.

There are three options to be considered for selection of the Stage IV repeater site

purchases. The first would be to complete the West Cell by purchasing the equipment for

the Rodoni, and Sunnyvale Fire station sites. The Rodoni site provides coverage in the

hill areas on the Westside of the valley and provides little benefit to the valley floor, the

Sunnyvale fire Station will not be completed within the grant cycle precluding the

construction of the site. The minimum benefit of coverage from Rodoni and the inability

to complete the Sunnyvale site make the completion of the West cell a poor choice for the

development of the two sites for Stage IV.

The second option would be the purchase of equipment for the two sites for the South

Cell covering Morgan Hill and Gilroy. All of the sites in the South cell require

considerable site improvements (Holiday Lakes $305,700; Gilroy Reservoir “D”

$471,000; Gilroy Target Range $329,000; and Woodland Acres $345,000) and

microwave upgrades. No funding has been identified at this time to complete the site

improvements and microwave upgrades, and grant funds are not allowable for

construction for site upgrades, precluding this option from consideration at this time.

The third option is to begin the build out of the Central cell. The development of the

prime site is required, and given the available funding a second site can be built. The

prime site equipment is planned to be installed at the San Jose Police Department

dispatch center with the repeater site equipment installed at San Jose City Hall. The best

location for the second site from a coverage and cost perspective would be at Carol

Drive. The coverage from the development of the two sites in conjunction with the

current West cell sites will provide a larger footprint (see attached coverage maps) that

can be accessed for mutual aid purposes for those jurisdictions with SVRCS radios. The

initial development of the Central cell by purchasing the prime site and placing a repeater

site at Carol Dr. makes the most sense from a cost and coverage perspective, and is

recommended for the Stage IV infrastructure purchase.

The SVRIA Working Committee has reviewed all options and recommends Option 3. If

the Board approves the Stage IV purchase from Motorola, SVRIA staff will work with

County staff to negotiate the price for the equipment, and purchase through the County

Contract and coordinate the installation.

RECOMMENDATION:

It is recommended that your Board support Option 3, the recommendation for the Stage

IV equipment purchase to build the prime site at the San Jose Police Department dispatch

center with the repeater site equipment installed at San Jose City Hall and the second

repeater site placed at Santa Clara County Communications Center on Carol Dr.

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Hydra 4.5.1153.0

")

")

")

")

")

")

")

")

")

")Doyle Rd

Mtn View PD

Carol Drive

Stickney cell

Sunnyvale DPS

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Pruneyard Bldg

Santa Clara Ecomm

Carol Drive Central

Palo Alto Civic Center

Woodside

Portola Valley

Menlo Park

Redwood City

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Saratoga

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Mountain View

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Campbell

Los Altos

Monte Sereno

Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), TomTom, MapmyIndia, ©

OpenStreetMap contributors, and the GIS User Community

For Information Only

Silicon Valley Regional Interoperability Authority

700 MHz TDMA Simulcast System

CA_SantaClara_Stage2_v1CCDTLAB-101, R17R18

kpt483

0 2 41 Miles

1 in = 4 miles

The Shaded Area Represents Inbound Coverage for Portable at DAQ 3.4.Portable on Street Outside of Valley Floor Transmt Head Receive Hip. Portable in 15db Building Loss Equipped with Remote Speaker Mic inside Valley Floor.

270107528.10.000.1.17767818023.10.000.1.18

San Jose City Limit

CDGJ73
Rectangle
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Hydra 4.5.1153.0

")

")

")

")

")

")

")

")

")

")Doyle Rd

Mtn View PD

Carol Drive

Stickney cell

Sunnyvale DPS

New City Hall

Pruneyard Bldg

Santa Clara Ecomm

Carol Drive Central

Palo Alto Civic Center

Woodside

Portola Valley

Menlo Park

Redwood City

Atherton

San Carlos

East Palo Alto

§̈¦280

§̈¦680

§̈¦880

£¤101

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San Jose

Palo Alto

Sunnyvale

Milpitas

Santa Clara

San Jose

Saratoga

Cupertino

Los Gatos

Morgan Hill

Mountain View

Los Altos Hills

Campbell

Los Altos

Monte Sereno

Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), TomTom, MapmyIndia, ©

OpenStreetMap contributors, and the GIS User Community

For Information Only

Silicon Valley Regional Interoperability Authority

700 MHz TDMA Simulcast System

CA_SantaClara_Stage2_v1CCDTLAB-101, R17R18

kpt483

0 2 41 Miles

1 in = 4 miles

The Shaded Area Represents Inbound Coverage for Portable at DAQ 3.4.Portable on Street Outside of Valley Floor Transmt Head Receive Hip. Portable in 15db Building Loss Equipped with Remote Speaker Mic inside Valley Floor.

270107528.10.000.1.17767818023.10.000.1.18

San Jose City Limit

CDGJ73
Rectangle
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Staff Report Related to SVRIA BoD 102314 Meeting Agenda Item 6.6

1

102314

Prepared by Gary M. Baum, General Counsel

SILICON VALLEY REGIONAL INTEROPERABILITY AUTHORITY

(SVRIA)

STAFF REPORT

BOARD OF DIRECTORS MEETING

MEETING DATE: Thursday, October 23, 2014

AGENDA ITEM: # 6.6

SUBJECT: Approval of Agreement with Heather Tannehill-Plamondon to serve as

Consultant on an hourly basis for a one-year period, for not to exceed $30,000.

RECOMMENDATION

The Chair of the Board recommends that the Board of Directors approve:

1. Authorizing the Chair of the Board to execute the Agreement for Heather Tannehill-

Plamondon to serve as Consultant for a one-year period commencing on November 1,

2014.

BACKGROUND and EXECUTIVE SUMMARY

As the Board is aware, based upon a contract previously approved by the Working Committee,

Heather Tannehill-Plamondon has served in a consultant role for SVRIA since October of 2013.

Heather has handled numerous significant tasks for the SVRIA during that time under the direction

of the Executive Director.

Heather’s contract expires at the end of October, 2014. The Chair of the Board recommends

approving a new, one year contract based upon the same terms and conditions as the former

contract. The only substantive change to the contract has been a provision allowing the Chair of

the Board to provide direction to Heather only during the absence of an Interim or Permanent

Executive Director, based upon our current tragic circumstances.

Heather’s current contractual duties include:

A. Provide grant writing services and processing of grant reimbursement requests

B. Assist with the development of staff reports, and preliminary budgets, for the Authority

C. Develop and Review contract documents, and work with legal counsel on final contracts

D. Assist with the management of consultants hired by the Authority

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Staff Report

SVRIA BoD Meeting 102314 Agenda Item

Approval of Agreement with Heather Tannehill-Plamondon

2

E. Assist with the development of cost models for infrastructure development

F. Represent SVRIA at regional meetings related to grants, regional interoperability, and

other areas as requested by the Executive Director

G. General administrative support, including preparation of notices, agendas, minutes, staff

reports, and resolutions for the SVRIA Board of Directors and its committee meetings.

H. Staff the Board of Directors meetings to insure adherence to Brown Act requirements and

take minutes of the meetings.

I. Assist the Executive Director with State mandated filings for SVRIA Board members and

alternates and other filings required for and from SVRIA by law.

J. Maintain the SVRIA web site up to date and post all documents supporting the work,

including the meetings, of the SVRIA Board of Directors and its committees.

K. Assist the Executive Director with the management and processing of invoices for the

collection of funds to support SVRIA

L. Provide additional administrative services as requested by Executive Director

Obviously, Heather’s role has exceeded the duties described in her contract. The Board’s approval

of the proposed contract will serve the SVRIA’s best interests. Specifically, Heather’s services

will allow the SVRIA to continue progress on various initiatives and continue day to day

operations of SVRIA. The proposed contract is for one (1) year and contains the same hourly rate

of $70.00 per hour (including the same not to exceed of $30,000). The proposed new contract has

been revised, reviewed and approved by the General Counsel.

A copy of the proposed contract is attached as Exhibit “1”.

FINANCIAL IMPACT

The approved FY 2014 – 2015 budget includes adequate funding to cover the payments required

under this proposed Agreement.

Supporting Documents:

Exhibit “1” Agreement with Heather Tannehill-Plamondon to serve as Consultant for a one year

period from November 1, 2014 to October 30, 2015.

Staff Report SVRIA contract with Heather Tannehill-Plamondon one year revised (2)10-20-14

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Consultant Agreement SVRIA Heather Tannehill-Plamondon 2014-2015 (3) 10-20-14

Revised 10-20-14 - 1 -

AGREEMENT FOR SERVICES BETWEEN THE

SILICON VALLEY REGIONAL INTEROPERABILITY AUTHORITY

AND HEATHER TANNEHILL-PLAMONDON

This AGREEMENT is made and entered into this _______ day of October, 2014, by and between the

SILICON VALLEY REGIONAL INTEROPERABILITY AUTHORITY, a joint powers agency

(“AUTHORITY” or “SVRIA”), and Heather Tannehill-Plamondon, an individual

(“CONSULTANT”).

R E C I T A L S

The following recitals are a substantive portion of this Agreement:

1. The AUTHORITY’s main purposes are to enhance and improve communications, data sharing

and other technological systems, tools and processes for protection of the public and public safety and

to facilitate related local and regional cooperative efforts; and

2. The work conducted by the AUTHORITY in fulfilling this purpose is highly technical and in

order to perform the underlying work needed to accomplish the AUTHORITY’s goal, the

AUTHORITY must retain consultants who have specific knowledge and experience related to public

safety technology, federal and state public safety grant programs, data sharing, radio

communications, system interoperability and existing local and regional interoperability projects; and

3. The AUTHORITY desires to obtain consultant services for administrative analyst level services

to be provided. CONSULTANT has the necessary professional expertise and skill to perform these

services.; and

NOW, THEREFORE, the purpose of this AGREEMENT is to retain CONSULTANT for the

AUTHORITY to perform those services specified herein.

THE PARTIES HEREBY AGREE AS FOLLOWS:

SECTION 1. SCOPE OF SERVICES.

The CONSULTANT shall perform those services specified in detail in EXHIBIT A, entitled “SCOPE

OF SERVICES,” which is attached hereto and incorporated herein.

SECTION 2. TERM OF AGREEMENT.

The term of this AGREEMENT shall be from November 1, 2014 to November 1, 2015 subject to the

provisions of Section 9 of this AGREEMENT.

SECTION 3. COMPENSATION.

The compensation to be paid to CONSULTANT, including both payment for professional services

and reimbursable expenses, if any, shall not exceed thirty thousand dollars ($30,000.00). The rate

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and schedule of payment is set out in EXHIBIT C, entitled “COMPENSATION.” which is attached

hereto and incorporated herein.

SECTION 4. METHOD OF PAYMENT.

Each month, CONSULTANT shall furnish to the AUTHORITY a detailed statement of the work

performed for compensation during the preceding month. The statement shall also include a detailed

record of the month's actual reimbursable expenditures, if permitted.

SECTION 5. INDEPENDENT CONTRACTOR.

It is agreed that the CONSULTANT, in the performance of the work and services agreed to be

performed, shall act as and be an independent contractor and not an agent or employee of the

AUTHORITY. As an independent contractor, the CONSULTANT shall obtain no rights to

retirement benefits or any other benefits that may accrue to the AUTHORITY's employees, and the

CONSULTANT hereby expressly waives any claim it may have to any rights.

SECTION 6. ASSIGNABILITY.

The parties agree that the expertise and experience of the CONSULTANT are material considerations

for this AGREEMENT. The CONSULTANT shall not assign or transfer any interest in this

AGREEMENT nor the performance of any of the CONSULTANT's obligations, without the prior

written consent of the AUTHORITY. Any attempt by the CONSULTANT to so assign this

AGREEMENT or any rights, duties or obligations arising shall be void.

SECTION 7. INDEMNIFICATION.

CONSULTANT shall, to the fullest extent allowed by law, with respect to all services performed in

connection with this AGREEMENT indemnify, defend, and hold harmless the AUTHORITY and its

officers, official agents, employees and volunteers from any liability, claims, actions, causes of action

or demands against them including any injury to or death of any person or damage to property or

other liability of any nature, that arise of, pertain to, or relate to the performance of this

AGREEMENT by CONSULTANT or CONSULTANT’s employees, officers, officials, agents or

independent contractors. These costs and expenses shall include reasonable attorneys’ fees of

counsel of AUTHORITY’s choice, expert witness fees and all other costs of litigation.

SECTION 8. NONDISCRIMINATION.

CONSULTANT shall not discriminate against or grant preferential treatment to any person on the

basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity,

disability, ethnicity, or national origin, in connection with or related to the performance of this

AGREEMENT.

SECTION 9. TERMINATION.

A. AUTHORITY may terminate this AGREEMENT at any time without cause upon 10 days

written notice to CONSULTANT. CONSULTANT may terminate this AGREEMENT at any

time without cause upon 30 days written notice to AUTHORITY.

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B. If CONSULTANT fails to perform any of its material obligations under this AGREEMENT, in

addition to all other remedies provided by law, AUTHORITY may terminate this

AGREEMENT immediately upon written notice.

C. AUTHORITY's Executive Director is empowered to terminate this AGREEMENT on behalf of

AUTHORITY.

D. In the event of termination, CONSULTANT shall deliver to AUTHORITY copies of all

reports, documents, and other work performed by CONSULTANT under this AGREEMENT,

and upon receipt thereof, AUTHORITY shall pay CONSULTANT for services performed and

reimbursable expenses incurred to the date of termination.

E. In accordance with Article XVI, Section 18 of the California Constitution, if in any fiscal year

subsequent to the execution of this AGREEMENT the AUTHORITY fails to appropriate

money for the purpose of funding this AGREEMENT, this AGREEMENT shall terminate,

without penalty, effective upon the close of business on the last day of the fiscal year for which

funding has been appropriated.

SECTION 10. GOVERNING LAW.

The AUTHORITY and the CONSULTANT agree that the law governing this AGREEMENT shall be

that of the State of California and venue shall be with the Santa Clara County Superior Court.

SECTION 11. COMPLIANCE WITH LAWS.

CONSULTANT shall comply with all applicable laws, ordinances, codes and regulations of the

federal, state and local governments.

SECTION 12. CONFIDENTIAL INFORMATION.

All data, documents, discussions or other information developed or received by or for the

CONSULTANT in performance of this AGREEMENT are confidential and not to be disclosed to any

person except as authorized by the AUTHORITY or as required by law or for performance of the

services.

SECTION 13. OWNERSHIP OF MATERIALS.

All reports, documents, electronic equivalents or other materials developed or discovered by the

CONSULTANT to perform the services required shall be and remain the property of the

AUTHORITY without restriction or limitation upon their use.

SECTION 14. WAIVER.

The CONSULTANT agrees that waiver by the AUTHORITY of any breach or violation of any term

or condition of this AGREEMENT shall not be deemed to be a waiver of any other term or condition

or a waiver of any subsequent breach or violation of the same or any other term or condition. The

acceptance by the AUTHORITY of the performance of any work or services by the CONSULTANT

shall not be deemed to be a waiver of any term or condition of this AGREEMENT.

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SECTION 15. THE CONSULTANT'S BOOKS AND RECORDS.

A. The CONSULTANT shall maintain all documents and records which demonstrate

performance under this AGREEMENT for a minimum period of three (3) years, or for any

longer period required by law, from the date of termination or completion of this

AGREEMENT.

B. Any records or documents required to be maintained pursuant to this AGREEMENT shall be

made available for inspection or audit at no cost to the AUTHORITY, at any time during

regular business hours, upon written request by the Executive Director, the AUTHORITY's

Treasurer or the AUTHORITY's Auditor or a designated representative of any of these.

Copies of documents shall be provided to the AUTHORITY for inspection at the

AUTHORITY’s address indicated for receipt of notices unless an alternative location is

mutually agreed upon.

SECTION 16. CONFLICT OF INTEREST.

CONSULTANT shall avoid all conflicts of interest or appearance of conflict of interest in

performance of this AGREEMENT. If requested to do so by the Executive Director, CONSULTANT

shall file an Assuming Office Disclosure Statement of Economic Interests (Form 700). If filing has

been requested, the statement shall be filed within thirty (30) days of the date of this AGREEMENT,

and annually by the first of April and upon termination of this AGREEMENT.

SECTION 17. NOTICES.

All notices, invoices, bills and other communications required to be given under this AGREEMENT

shall be in writing and shall be personally served or mailed, postage prepaid, addressed to the

respective parties as follows:

To the AUTHORITY: Jason Baker, Chair of The Board of Directors

SILICON VALLEY REGIONAL

INTEROPERABILITY AUTHORITY

1850 Warburton Avenue, Suite 210

Santa Clara, CA 95050

408-247-3394 Phone

408-277-3380 Fax

With a copy to:

Gary M. Baum

General Counsel, SVRIA

19925 Stevens Creek Boulevard, Suite 100

Cupertino, CA 95014-2358

408-833-6246 Phone

408-540-1210 Fax

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To the CONSULTANT: Heather Tannehill-Plamondon

2319 Carol Avenue

Mountain View, CA 94040

Phone (650) 269-9490

or to another address as any party may designate by notice.

SECTION 19. QUALIFICATIONS/STANDARD OF CARE.

All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision.

CONSULTANT represents that they possess the professional and technical skills necessary to

perform the Professional Services required by this AGREEMENT and that they have sufficient skill

and experience to perform the Services assigned to them. CONSULTANT represents that it, its

employees and subconsultants, if permitted, have and shall maintain during the term of this

Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are

legally required to perform the Services. All of the services to be furnished by CONSULTANT

under this agreement shall meet the professional standard and quality that prevail among

professionals in the same discipline and of similar knowledge and skill engaged in related work

throughout California under the same or similar circumstances.

SECTION 20. PRIOR AGREEMENTS AND AMENDMENTS.

This AGREEMENT, including Exhibits A - C, represents the entire understanding of the parties as to

those matters. No prior oral or written understanding shall be of any force or effect with respect to

those matters. This AGREEMENT may only be modified by a written agreement signed by both

parties.

IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown

above.

APPROVED AS TO FORM: SILICON VALLEY REGIONAL

INTEROPERABILITY AUTHORITY

“AUTHORITY”

By:__________________________ By:_____________________________

Gary M. Baum Jason Baker

SVRIA General Counsel Chair of the Board of Directors

“CONSULTANT”

Heather Tannehill-Plamondon

By:_____________________________

Heather Tannehill-Plamondon

Date:____________________________

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EXHIBIT A

SCOPE OF SERVICES

The CONSULTANT shall provide to the AUTHORITY the services necessary to.

SECTION 1. GENERAL.

A. The performance of all services by the CONSULTANT shall be to the satisfaction of the

AUTHORITY.

B. The CONSULTANT shall coordinate all services with the AUTHORITY staff and contractors

of AUTHORITY, as necessary.

SECTION 2. BASIC SERVICES.

As directed by AUTHORITY Executive Director or the Board Chair until an Interim or Executive

Director is chosen, CONSULTANT will provide professional services, including but not limited to:

2.1 Contractor shall provide general support services to the SVRIA on an hourly basis as listed

below:

A. Provide grant writing services and processing of grant reimbursement requests

B. Assist with the development of staff reports, and preliminary budgets, for the Authority

C. Develop and Review contract documents, and work with legal counsel on final contracts

D. Assist with the management of consultants hired by the Authority

E. Assist with the development of cost models for infrastructure development

F. Represent SVRIA at regional meetings related to grants, regional interoperability, and other

areas as requested by the Executive Director

G. General administrative support, including preparation of notices, agendas, minutes, staff

reports, and resolutions for the SVRIA Board of Directors and its committee meetings.

H. Staff the Board of Directors meetings to insure adherence to Brown Act requirements and take

minutes of the meetings.

I. Assist the Executive Director with State mandated filings for SVRIA Board members and

alternates and other filings required for and from SVRIA by law.

J. Maintain the SVRIA web site up to date and post all documents supporting the work, including

the meetings, of the SVRIA Board of Directors and its committees.

K. Assist the Executive Director with the management and processing of invoices for the

collection of funds to support SVRIA

L. Provide additional administrative services as requested by Executive Director

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EXHIBIT B

COMPENSATION

All services shall be compensated on an hourly basis at the rate of Seventy Dollars ($70.00) per hour.

There are no reimbursable expenses.

The maximum amount of compensation to be paid to CONSULTANT under this AGREEMENT,

including both payment for professional services and any expenses incurred shall not exceed Thirty

Thousand Dollars ($30,000.00). Any hours worked for which payment would result in a total

exceeding the maximum amount of compensation set forth herein shall be at no cost to

AUTHORITY.

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EXHIBIT C

INSURANCE REQUIREMENTS

CONSULTANT, at CONSULTANT’s sole cost and expense for the full term of this contract or any

renewal, must obtain and maintain at least all of the following minimum insurance requirements prior

to commencing any work or receiving payments therefore under this AGREEMENT. All policies

shall be written in accordance with the laws of the State of California and providing coverage for any

employees of CONSULTANT:

A. Automobile Policy

CONSULTANT shall also obtain, and keep in force during the term hereof, a policy of motor

vehicle public liability insurance which shall afford not less than the following amounts of

coverage: bodily injury liability $15,000 each person, $30,000 each occurrence; property

damage liability, $5,000 each occurrence. Total automobile liability coverage shall be not

less than $100,000.

B. Comprehensive General Liability Policy

In the event that this Agreement is for a not to exceed sum of $50,000 per year or more than

CONSULTANT shall maintain comprehensive general liability as follows:

Commercial General Liability: $1,000,000 per occurrence for bodily injury, personal injury

and property damage. The policies are to contain, or be endorsed to contain, the following

provisions:

a. The SILICON VALLEY REGIONAL INTEROPERABILITY AUTHORITY, its

officers, employees, agents and contractors are to be covered as additional insureds as

respects: Liability arising out of activities performed by or on behalf of, CONSULTANT;

products and completed operations of CONSULTANT; premises owned, leased or used by

CONSULTANT. The coverage shall contain no special limitations on the scope of protection

afforded to AUTHORITY, its officers, employees, agents and contractors.

b. CONSULTANT's insurance coverage shall be primary insurance as respects

AUTHORITY, its officers, employees, agents and contractors. Any insurance or self-

insurance maintained by AUTHORITY, its officers, employees, agents or contractors shall be

excess of CONSULTANT's insurance and shall not contribute with it.

c. Any failure to comply with reporting provisions of the policies by CONSULTANT

shall not affect coverage provided AUTHORITY, its officers, employees, agents, or

contractors.

C. Workers’ Compensation and Employers’ Liability Policy

a. This policy shall provide coverage for Workers’ Compensation (Coverage A).

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b. This policy shall also provide coverage for $1,000,000 Employers’ Liability

(Coverage B).

D. If, however, the CONSULTANT does not have any employees and does not wish to cover

himself/herself for WORKERS’ COMPENSATION, the CONSULTANT must sign the

following statement in order to execute the Agreement.

E. I, as CONSULTANT, do not have, nor intend to have for the full term of this

Agreement, any employees. Furthermore, I do not wish to obtain or be covered under

any WORKERS’ COMPENSATION insurance coverage and, therefore, am signing this

statement in lieu of providing the above required Workers’ Compensation and

Employers’ Liability Policy.

Signature:

____________________________

Heather Tannehill-Plamondon