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1988-072-Negotiate And Enter An Agreement To Provide Law Enforcement Agency Access To The California, Identification System And To Appropriate And Send The Town Financial Contribution For The System To The City Of San Jose Fiance DepartmentRESOLUTION NO. 1988 -72 A RESOLUTION OF THE COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT TO PROVIDE LAW ENFORCEMENT AGENCY ACCESS TO THE CALIFORNIA IDENTIFICATION SYSTEM AND TO APPROPRIATE AND SEND THE TOWN OF LOS GATOS' FINANCIAL CONTRIBUTION FOR THE SYSTEM TO THE CITY OF SAN JOSE FINANCE DEPARTMENT. WHEREAS, Senate Bill No. 190 (Chapter 1234 of the 1985 -86 Legislative Session, codified as California Penal Code Section 11105, 11112.1 and following) provides for funding and procedures allowing local agencies direct access to the California Identification System ( °Cal -ID System "), an automated system maintained by the California State Department of Justice for retaining fingerprint files and identifying latent fingerprints; and WHEREAS, the County of Santa Clara ( "County ") and each of the incorporated cities within Santa Clara County ( "Incorporated Cities ") have determined that it is in their best interest to cooperate in the implementation and operation of a local automated fingerprint identification system ( "Local ID System "), which will provide local lady enforcement agencies with direct access to the Cal -ID system through the use of local remote access network equipment ( "local RAN equipment "); and WHEREAS, the County and each of the incorporated cities desire to enter into an agreement for the implementation and operation of the Local ID System for the benefit of the citizens of their jurisdictions, and to participate in the System, and to declare their commitment to share financially in the System; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF LOS GATOS that the Town Manager is authorized to negotiate and enter into an agreement with the County and the Incorporated Cities to provide local law enforcement agency access to the Cal -ID System. PASSED AND ADOPTED at a regular meeting of the Toren Council of the Town of Los Gatos, California, held on the 2 day of Mav 1988 by the following vote. AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito. Robert L. Hamilton, Brent N. Ventura and Mayor Eric D. Carlson NOES: COUNCIL MEMBERS None JRG:GLH:ldw 04/12/88(6) AGREEMENT TO PROVIDE LOCAL I.AW ENFORCEMENT AGENCY ACCESS TO THE CALIFORNIA IDENTIFICATION SYSTEM THIS AGREEMENT is made and entered into this day of 1988) by and between the COUNTY OF SANTA CLARA, a county of the State of California (hereinafter "County "), the CITY OF CAMPBELL, a municipal corporation, the CITY OF CUPERTINO, a municipal corporation, the CITY OF GILROY, a municipal corporation, the CITY OF LOS ALTOS, a municipal corporation, the TOWN OF LOS ALTOS HILLS, a municipal corporation, the TOWN OF LOS GATOS, a municipal corporation; the CITY OF MILPITAS, a municipal corporation, the CITY OF MONTE SERENO, a municipal corporation, the CITY OF MORGAN HILL, a municipal corporation, the CITY OF MOUNTAIN VIEW, a municipal corporation, the CITY OF PALO ALTO, a'municipal corporation, the CITY OF SAN JOSE, a municipal corporation, the CITY OF SANTA CLARA, a municipal corporation, the CITY OF SARATOGA, a municipal corporation, and the CITY OF SUNNYVALE, a municipal corporation (hereinafter collectively referred to as "Incorporated Cities "). RECITALS WHEREAS, Senate Bill No. 190 (Chapter 1234 of the 1985 -86 Legislative Session, codified as California Penal Code Section 11105, 11112.1 and following) provides for funding and procedures allowing local agencies direct access to the California Identification System (hereinafter "Cal -ID System "), an automated system maintained by the California State Department of Justice for retaining fingerprint files and identifying latent fingerprints; and 2370i/0160i -1 JRG:GLH:ldw 04/12/88(6) WHEREAS, the County and the Incorporated Cities have determined that it is in their best interest to cooperate in the implementation and operation of a local automated fingerprint identification system (hereinafter "Local ID System "), which will provide local law enforcement agencies with direct access to the Cal -ID System through the use of local remote access network equipment (hereinafter "local RAN equipment "); and WHEREAS, those costs of the Local ID System not paid by the State of California (hereinafter "State ") will be allocated among the parties to this Agreement, with the exception of the City of ,San Jose, on the basis of each party's percentage share of the total population of all parties to this Agreement, not including the population of the City of-San Jose; and WHEREAS, in lieu of a cash contribution, the City of San Jose shall provide services and make available to the Local ID System City - owned equipment that shall enhance the System's capabilities; and WHEREAS, pursuant to California Penal Code Section 11112.4, a local remote access network board, known as the "Santa Clara County CAL -ID Policy Board" (hereinafter "Local Policy Board "), has been established, which is currently composed of the following members: a member of the Board of Supervisors, the Sheriff_, the District Attorney, the Chief of Police of the department having the largest number of sworn personnel within the county, a Chief of Police selected by all other Police Chiefs within the county, a Mayor selected by the City Selection Committee established pursuant to California Government Code Section 50270, and a member -at -large chosen by the other members; and 2370i/0160i -2 JRG:GLH:ldw 04/12/88(6) WHEREAS, pursuant to California Penal Code Section 11112.4, the Local Policy Board shall determine the placement of the local RAN equipment within the county, and shall coordinate acceptance, delivery, and installation of the local RAN equipment, and shall develop any procedures necessary to regulate the ongoing use and maintenance of that equipment, adhering to the policy guidelines and procedures adopted by the California State Department of Justice; and WHEREAS, the Local Policy Board has determined that the local RAN equipment should be located at the City of San Jose's Police Administration Building, in three (3) County jail facilities and at another location to be determined by the Local Policy Board; and WHEREAS, the County and each of the Incorporated Cities desire to enter into an agreement for the implementation and operation of the Local ID System for the benefit of the citizens of their jurisdic- tions, and to participate in the System, and to declare their commitment to share financially in the System; NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Purpose. The purpose of this Agreement is to establish the Local ID System within Santa Clara County, which will provide coordinated county -wide access to the CAL -ID System; to establish procedures allowing local law enforcement agencies within Santa Clara County direct access to the CAL -ID System for fingerprint identification; and to allocate equitably among the parties the costs of establishing and maintaining the Local ID System within Santa Clara County. 2370i/0160i -3 JRG:GLH :ldw 04/12/88(6) 2. Parties to Agreement. The County and each of the Incorporated Cities within the County agree to be parties to this Agreement. 3. Term. The term of this Agreement shall commence upon the date of execution of this Agreement by all parties and shall terminate on June 30, 1989, unless terminated earlier as provided herein. It is anticipated, however, that the parties will renew this Agreement beyond June 30, 1989. 4. Local Policy Board. Pursuant to California Penal Code Section 11112.4, the Local Policy Board shall: a.- Establish policies and procedures necessary to implement the purposes of this Agreement; b. Establish a budget and approve expenditures consistent with the terms of this Agreement; C. Determine the placement of the local RAN equipment within the county; d. Coordinate acceptance, delivery, and installation of the local Ran equipment; and e. Develop any procedures necessary to regulate the ongoing use and maintenance of the local RAN equipment, adhering to the policy guidelines and procedures adopted by the California Department of Justice. 5. Funding. Pursuant to California Penal Code Section 11112.5(a), the State of California will pay seventy percent (70 %) of the cost of purchase of the local RAN equipment for the Local ID System. It is agreed that the remaining thirty percent (30 %) of the 2370i/0160i _q ,JRG:GLH:ldw 04/12/88(6) equipment purchase cost and all other costs of the Local ID System which are not paid by the State shall be paid by the parties to this Agreement, with the exception of the City of San Jose, which shall make non -cash contributions to the System in lieu of direct cash contributions. 6. Payments. a. Allocation of Costs. Cost components of the Local ID System in Santa Clara County include: (i) start -up, implementation, and equipment costs; and (ii) annual operating costs. The City of San Jose shall not be required to pay any portion of these costs but shall contribute, instead, non -cash contributions pursuant to Section 7, be All costs of the Local ID System that are not paid by the State shall be allocated among the remaining parties based on each party's percentage share of the total Population of all agencies participating in the System, not including the population of the City of San Jose. The Population figures used for allocating these costs shall be established by the most recent State of California Department of Finance Population Estimates. For the purpose of this Agreement, the County's share of population shall be the Population of the unincorporated area of Santa Clara County. b. Start -up, Implementation, and E uipment Costs. 1. Definition. For purposes of this Agreement, "start -up, implementation, and equipment costs" shall include, but not be limited to, the required local share 2370i/0160i -5 JRG:GLH:ldw ` 04/12/88(6) Of the following costs: purchasing the local RAN equipment; installing utility lines; renovation of the City of San Jose Police Administration Building; initial personnel, training, supplies and materials; and other costs incurred in the start -up, implementation and equipping of the Local ID System. 2. Contributions. Each party, not including the City of San Jose, shall contribute its fair share of original start -up, implementation, and equipment costs for the Local ID System that are not paid by the State. These costs and each party's share of these costs, not including the City of San Jose, are set forth in Exhibit "A", attached hereto and incorporated herein by this reference. Payments required to be paid under this, Subsection 6.b.2. shall be paid to the order of the City of San Jose and delivered to the City of San Jose Finance Department, 801 North First Street, San Jose, CA 95110 on or before May 1, 1988. C. 1. Definition. For purposes of this Agreement, "annual operating costs" shall include, but not be limited to, the costs of personnel, supplies, materials, utilities, maintenance, repair, training and other costs incurred in the annual operation of the Local ID System. 2. Annual Operating Costs,.- Fiscal Year 1988-89. The annual operating costs for Fiscal Year 1988 -89 and each party's share of those costs are set forth in Exhibit 2370i/0160i -6 JRG:GLA:ldw 04/12/88(6) "B ", attached hereto and incorporated herein by this reference. Payments required to be paid under this subparagraph 6.c.2. shall be paid to the order of the City of San Jose and delivered to the City of San Jose Finance Department, 801 North First Street, San Jose, CA 95110 on or before July 15, 1988. 3. Annual Operating Costs - Succeeding Fiscal Years. Prior to the commencement of any succeeding fiscal year, the City of San Jose shall estimate the annual operating expenses for that fiscal year. The estimated annual operating budget shall be approved, disapproved or amended by the Local Policy Board. On or before May 1 of the preceding fiscal year, the City of San Jose shall notify each party of its share of the estimated annual operating expenses for the succeeding year; which shall be allocated among the parties in the manner prescribed in Subsection 6.a., above. Payments required to be paid under this Subsection 6.c.3. shall be paid to the order of the City of San Jose and delivered to the City of San Jose Finance Department, 801 North First Street, San Jose, CA 95110, on or before July 15 of the fiscal year for which the payments are due. d. Adjustment in Costs. 1. Start -Up, Implementation, and Equipment Costs. If the start -up, implementation, and equipment costs set forth in Exhibit "A" are inadequate, the Local Policy 2370i/0160i _7 JRG :GLH:ldw 04/12/88(6) Board, with the assistance of the County and the City of San Jose, shall determine the additional amount needed and each party, except for the City of San Jose, shall contribute its share of such additional amount, which share shall be based on the party's percentage share of the total population of all agencies participating in the Local ID System, not including the population of the City of San Jose. The additional payments shall be paid to the order of the City of San Jose and delivered to the City of San Jose Finance Department, 801 North First Street, San Jose, CA 95110 within thirty (30) days of billing. If the start -up, implementation, and equipment costs set forth in Exhibit "A" exceed what is actually needed, the excess amount shall be applied against operating expenses for Fiscal Year 1988 -89, 2. Operating Costs. If, in any fiscal year, the actual operating costs are higher than as previously determined by the Local Police Board, the Local Policy Board, with the assistance of the County and the City of San Jose, shall determine the additional amount needed to meet the operational costs for that fiscal year. Each party, except for the City of San Jose, shall contribute its share of the additional amount, which share will be based on the party's percentage share of the total population of all parties participating in the Local In System, not including the population of the City of San 2370i/0160i -8 JRG:GLH:ldw 04/12/88(6) Jose. The additional payments shall be paid to the order of the City of San Jose and delivered to the City of San Jose Finance Department, 801 North First Street, San Jose, CA 95110 within thirty (30) days of billing. e. Irreparable Damage to Equipment. In the event that the local RAN equipment, or any portion thereof, is destroyed or damaged beyond repair, replacement equipment shall be purchased. The cost of replacement equipment shall be allocated among all parties, including the City of San Jose, based upon each party's percentage of the total pupulation of all parties to this Agreement (including the population of the City of San Jose and the population of the unincorporated area of the County); excepting such damage resulting from the willful misconduct of the City of San Jose and /or the County, their officers, agents and employees, in which event, the replacement cost shall be borne by the City of San Jose or the County, whichever is responsible for such damage. f. Interest - bearing Account. Payments under this Agreement shall be deposited in an interest- bearing trust account for the income and expense of the Local ID System, with any earned interest being applied to the account. The City of San Jose shall serve as the trustee of the account and shall have the authority to deposit and withdraw funds from the account. 2370i/0160i -9- JRG:GLH:ldw 04/12/88(6) g. Nonrefundable Pa ments. Payments made pursuant to this Agreement shall be nonrefundable and shall not be returned to any party unless all parties agree to terminate this Agreement and to discontinue the Local ID System in Santa Clara County. 1. Interest Bearing Account Funds. If all parties agree to terminate this Agreement and to discontinue the System, any funds remaining in the interest - bearing account referred to in Subsection 6.f., above, shall be distributed to the then - current parties to this Agreement, except for the City of San Jose. Such distributions shall be distributed on the basis of each party's percentage share of the total population of the then- current parties to this Agreement, not including the population of the City of San Jose. Distributions shall not be made until all outstanding expenses of the System have been paid or otherwise provided for. 2. Proceeds From Sale or Transfer of System Eouipment. If all parties agree to terminate this Agreement and to discontinue the System, and if the Local Policy Board sells or transfers all or any portion of the System equipment pursuant to Section 10, below, any such proceeds received from such sale or transfer shall be distributed in the manner specified in Section 10, below. 7. Exemption of the City of San Jose from Agency Payments. a. The Local ID System will incorporate use of the San Jose Police Department's existing automated fingerprint 2370i/0160i -10- JRG:GLH:ldw 04/12/88(6) identification system, the S.O.L.V.E. ( "San Jose On -Line Latent Print Verifier and Encoder ") System. The S.O.L.V.E. System contains at least forty percent (40 %) more finger- prints of persons from Santa Clara County than does the CAL -ID System. The City of San Jose purchased the S.O.L.V.E System at a cost of approximately $1.5 million without any financial assistance from any other local or State agency. The City of San Jose has also funded, without outside assistance, the start -up, personnel, and other costs associated with the installation and operation of the S.O.L.V.E. System. b. Under this Agreement, the City of San Jose will continue to fund all costs of the S.O.L.V.E. System in its current form without financial contribution from the other parties to this Agreement. The remaining parties will only contribute to the cost of added equipment, personnel and maintenance required to allow expanded use of the S.O.L.V.E. System by these parties. These additional costs have been estimated and are included in the start -up, implementation, and equipment costs set forth in Exhibit "A ". C. In addition to providing access to and use of the S.O.L.V.E. System by the other parties, the City of San Jose will act as the general administering agency and the fiscal agent for the Local ID System pursuant to the direction of the Local Policy Board. 2370i/0160i -11- JRG:GLH:ldw 04/12/88(6) d. In consideration of these present and future contributions by the City of San Jose to the Local ID System, the City of San Jose shall not be required to make any financial contributions towards the start -up, implementation, and equipment costs and to the annual operating costs specified in Section 6 of this Agreement. 8. Facsimile Machines. The cost of the four (4) high resolution facsimile machines specified in Exhibit "C" of this Agreement shall be paid for out of the Local ID System funds contributed by the parties pursuant to Section 6 of this Agreement at the time these costs are due and payable. 9. Hiring of New Employees. The operation of the Local ID System requires the filling of six and one -half (6 1/2) new positions by the-City of San Jose and the County. The City of San Jose will hire persons to fill four (4) full -time positions as Latent Fingerprint Examiners. The County will hire persons to fill two and one -half (2 1/2) full -time positions as Fingerprint Technicians. The persons hired by the City of San Jose pursuant to this Section will be employees of the City of San Jose. The persons hired by the County pursuant to this Section will be employees of the County. The salary and all fringe benefit costs incurred by the City of San Jose and the County in the employment of the persons hired pursuant to this Section shall be paid for out of the Local ID System funds contributed by the parties pursuant to Section 6 of this Agreement at the time these costs are due and payable. 2370i/0160i -12- JRG:GLH:ldw 04/12/88(6) 10. Ownership of Equipment. Ownership of the local RAN equipment purchased pursuant to Penal Code Section 11112.5(a), which is more fully described in Exhibit "C ", attached hereto and incorporated herein by this reference, or any replacement equipment, shall be vested as follows: a. Ownership of the four (4) high resolution facsimile machines or replacements to such machines shall be vested in the County, which shall not have the right to sell, transfer, or otherwise dispose of such equipment without the prior written approval of the Local Policy Board, except in the event that this Agreement is terminated by all parties and the Local ID System is discontinued, in which case the County may retain for itself all or any portion of such equipment as permitted by law. b. Ownership of all other equipment described in Exhibit "C" or replacements of such equipment, shall be vested in the City of San Jose, which shall not have the right to sell, transfer or otherwise dispose of such equipment without the prior written approval of the Local Policy Board, except in the event that this Agreement is terminated by all parties and the Local ID System is discontinued, in which case the City of San Jose may retain all or any portion of such equipment as permitted by law. C. In the event that this Agreement is terminated by all parties, the Local ID System is discontinued and the City of San Jose or the County does not retain for itself the 2370i/0160i -13- JRG:GLH:ldw 04/12/88(6) machines or equipment referred to in this Section 10, the Local Policy Board shall sell, transfer or dispose of such machines or equipment in any manner allowed by law. To the extent permitted by law, any proceeds received by the Board shall be distributed among the past and present parties to this Agreement who contributed to the cost of acquiring such machines or equipment based upon each party's percentage contribution to the acquisition of such machines or equipment. 11. Administration. Pursuant to Section 11112.4 of the California State Penal Code, the Local Policy Board is empowered to develop procedures necessary to regulate the ongoing use and maintenance of the local RAN equipment, in accordance with policy guidelines and procedures adopted by the California State Department Of Justice. The City of San Jose agrees to be the general administering agency for the Local ID System. The City of San Jose shall provide fiscal management of the System fund and expenditures, including, but not limited to: (1) establishing the interest - bearing account prescribed by Subsection 6.f., into which shall be deposited all moneys received under this Agreement and from which shall be paid all costs and expenses incurred under this Agreement; (2) billing each party for that party's share of the costs under this Agreement; (3) providing each of the parties and the Local Policy Board with periodic reports and an annual financial report at the end of each fiscal year; and (4) payment of all Local Policy Board expenses. 12. New Users. Any agency which is not a party to this Agreement and which is subsequently allowed to participate in the Local ID 2370i/0160i -14- JRG:GLH:ldw 04/12/88(6) System after the System has been initiated, shall be required to pay its fair share of the System's original start -up, implementation, and equipment costs specified in Exhibit "A" prior to actual participation in the System. Such fair share costs shall be based on the new agency's percentage share of the total population of all agencies participating in the Local ID System, including the new agency's Population, but excluding the population of the City of San Jose, as established by the most recent California State Department of Finance Population Estimates. A non - participating agency seeking to participate in the Local ID System shall not be allowed to participate without the-approval of the Local Policy Board. New agencies that are allowed to participate in the System shall be required to execute an amendment to this Agreement by which the new agency agrees to be a party to this Agreement and to be subject to all of its terms and conditions. The amendment may be executed by the City of San Jose's City Manager or Chief of Police, who are each authorized to execute the amendment on behalf of the parties to this Agreement. 13. Termination. Any party may terminate this Agreement and its participation in the Local ID System by providing written notice of termination to the Local Policy Board and to the City of San Jose Chief of Police on or before February 1, which will be effective as of the following July 1. A party's participation in the Local ID System shall automatically terminate at the end of any fiscal year in the event that funds are not appropriated by that party for the next succeeding fiscal year. 2370i/0160i -15- JxG:GLH:ldw 04/12/88(6) 14. Amendments. This Agreement embodies the entire agreement of the parties. There are no other agreements or understandings between the parties relating to those matters covered in this Agreement. Any amendments or modifications to this Agreement shall be in writing and, with the exception of amendments made pursuant to Section 12, above, signed and approved by each party prior to becoming effective. 15. Notices. Any notices required to be given under this Agreement shall be in writing and shall be delivered in person or by first -class mail to the respective parties as follows: To Local Policy Board: To City of Campbell: To City of Cupertino: To City of Gilroy: To City of Los Altos: To Town of Los Altos Hills: To Town of Los Gatos: To City of Milpitas: To City of Monte Sereno: 2370i/0160i -16- JRG:GLH:ldw 04/12/88(6) To City of Morgan Hill: To City of Mountain View: To City of Palo Alto: To City of San Jose: To City of Santa Clara: To City.of Saratoga: To City of Sunnyvale:. To County of Santa Clara: 16. Indemnification. Each party, including the City of San Jose and the County, shall contribute to the cost of any claim, loss, liability or defense costs arising out of or resulting in any way from the operation of the Local ID System by the City of San Jose and the County, their officers, agents and employees, excepting acts of willful or wanton misconduct by the City of San Jose or the County, their officers, agents and employees. Such costs shall be allocated among the parties, including the City of San Jose and the County, based upon each party's percentage of the total population of all parties to this Agreement, including the population of the City of San Jose and the 2370i/0160i -17 JRG:GLH:ldw 04/12/88(6) population of the unincorporated area of the County. 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original, but all of which together shall constitute one and the same document. WITNESS THE EXECUTION HEREOF the day and year first hereinabove written. CITY OF CAMPBELL APPROVED AS TO FORM: ity ttorney By. Dated: APPROVED. AS TO FORM: CITY OF CUPERTINO City Attorney By. Dated: APPROVED AS TO FORM: - CITY OF GILROY City Attorney By. Dated: APPROVED AS TO FORM: CITY OF LOS ALTOS City Attorney By. Dated: APPROVED AS TO FORM: TOWN OF LOS ALTOS HILLS Town Attorney By. Dated: APPROVED AS TO FORM: TOWN OF LOS GATOS C�m f. owno� y e By. %Q Dated: 2370i/0160i -18 JRG:GLH:ldw 04/12/88(6) APPROVED AS TO FORM: ity ttorney APPROVED AS TO FORM: City ttorney APPROVED AS TO FORM: ity ttorney APPROVED AS TO FORM: City Attorney APPROVED AS TO FORM: City Lttorney APPROVED AS TO FORM: City ttorney APPROVED AS TO FORM: City Attorney APPROVED AS TO FORM: City Attorney 2370i/0160i CITY OF MILPITAS By: CITY OF MONTE SERENO By: CITY OF MORGAN HILL By: CITY OF MOUNTAIN VIEW By: CITY OF PALO ALTO By: CITY OF SAN JOSE By: CITY OF SANTA CLARA By: CITY OF SARATOGA By: '.u'2 Dated: Dated: Dated: Dated: Dated: Dated: Dated: Dated: JRG:GLH:idw 04/12/88(6) population of the unincorporated area of the County. 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original, but all of which together shall constitute one and the same document. WITNESS THE EXECUTION HEREOF the day and year first hereinabove written. APPROVED AS TO FORM: City Attorney APPROVF.D.AS TO FORM: City Attorney APPROVED AS TO FORM: City Attorney APPROVED AS TO FORM: City Attorney APPROVED AS TO FORM: Town Attorney APPROVED AS TO �yFORM: C" " o t ey r' 2370i/0160i CITY OF CAMPBELL By: Dated: CITY OF CUPERTINO By: Dated: CITY OF GILROY By: Dated: CITY OF LOS ALTOS By: Dated: TOWN OF LOS ALTOS HILLS By: TOWN OF LOS GATOS By: 21-Z Dated: Dated: JRG:GLH:ldw 04/12/88(6) APPROVED AS TO FORM: CITY OF SUNNYVALE City ttorney By: Dated: APPROVED AS TO FORM: COUNTY OF SANTA CLARA County BY: Dated: -20- 2370i/0160i