THIS ADDENDUM is entered into this ____ day of _________________, 2004 by and between the County of Albemarle, Virginia, a political subdivision of the Commonwealth of Virginia (the “County”), the City of Charlottesville, Virginia, a Virginia municipal corporation (the “City”) and the Rector and Visitors of the University of Virginia (the “University”), and modifies the Interjurisdictional Agreement dated June 27, 2003 entered into among the parties (the “Interjurisdictional Agreement”).
WHEREAS, the Interjurisdictional Agreement provides for the payment of shared capital and operating costs for the 800 MHz public safety radio system project currently under construction, and other terms of mutual agreement;
WHEREAS, the County, City and University have agreed to procure and construct a Mobile Data Communications System and Wireless Data Network and related services (the “Mobile Data System”) as set forth in the Request for Proposals originally dated December 1, 2003;
WHEREAS, the Charlottesville/University of Virginia/Albemarle County Emergency Communications Center (“ECC”) has received an Interoperability Communications Equipment Grant from the U. S. Department of Homeland Security, the proceeds of which are partially being utilized to pay for infrastructure costs related to the Mobile Data System; and
WHEREAS, each party to this agreement has agreed to assume a portion of the remaining capital project and operating costs of the Mobile Data System (the “System Costs”) according to an agreed-upon allocation formula;
WHEREAS, it is desirable that the funding formula governing the allocation of System costs be memorialized in writing.
NOW, THEREFORE, in consideration of the mutual premises and covenants contained herein, the County, the City and the University hereby agree as follows:
1. Each party shall pay its respective pro rata share of the System Costs according to the operating formula currently in effect for the ECC (the “ECC Operating Formula”). Future maintenance, support and operating costs of the Mobile Data System shall be allocated according to the ECC Operating Formula, as amended, except for purchases of computers or other Mobile Data equipment by individual jurisdictions, which shall remain the responsibility of the purchasing jurisdiction.
2. The County shall act as fiscal agent under the Mobile Data System purchase agreement, and payments by the parties for their respective pro rata shares shall continue to be administered and handled in the same manner as set forth in the Interjurisdictional Agreement.
3. Except as specifically amended hereunder, all terms and conditions of the Interjurisdictional Agreement remain in effect.
WHEREFORE, the parties hereto have executed this Agreement, by their authorized representatives, as of the day and year set forth above.
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