20 Staff Report - Silicon Valley Animal Control Services with attachments
PREPARED BY: Clinton Tada
Support Services Captain
Reviewed by: Town Manager, Assistant Town Manager, Finance Director, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/16/2024
DATE: April 2, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Negotiate an Animal Services Agreement
between the Town of Los Gatos and the Silicon Valley Animal Control
Authority (SVACA), and Direct Staff to Bring Back an Agreement for the Town
to Become a Member of the SVACA.
RECOMMENDATION:
Authorize the Town Manager to negotiate an Animal Services Agreement between the Town of
Los Gatos and the Silicon Valley Animal Control Authority (SVACA), and direct staff to bring back
an agreement for the Town to become a member of the SVACA.
BACKGROUND:
On July 1, 2004, the Town of Los Gatos and City of San Jose Animal Care Services (SJACS)
entered into a twenty- year agreement (Attachment 1) for animal control services for the Town.
At the time, the Town Council decided to terminate the existing agreement with SVACA and
leave this Joint Powers Authority (JPA). The Council was interested in entering into contract
negotiations with the City of San Jose due to rising costs of the proposed shelter plan by SVACA
and the withdrawal of the City of Cupertino from the SVACA JPA, which also contributed to
increased costs to the Town’s cost sharing for animal services under the SVACA JPA.
In 2004, SJACS required the Town to pay a one-time contribution for capital costs of $300,000
plus an initial annual operating cost payment of $164,000. At the term end (June 2024) of the
twenty-year agreement, the Town’s annual FY 23/24 operating costs to the SJACS will be
approximately $262,345.34, an increase of 60% from the original annual service cost payment.
On June 30, 2024, the existing Animal Care Services agreement between the Town of Los Gatos
and SJACS will expire. As a part of long-term budget strategies, the Town Council directed staff
PAGE 2 OF 5 SUBJECT: Animal Services Agreement DATE: April 2, 2024
BACKGROUND (continued):
to explore opportunities for reducing costs and improving operational efficiencies. The Animal
Control Services contract provides an opportunity to determine potential cost savings.
DISCUSSION:
The Police Department and Town Manager’s Office completed an analysis of available
contractual Animal Control Service agencies in the region which identified SVACA as a
competitive alternative provider in addition to SJACS.
Animal care services currently being provided to the Town by SJACS require support from the
Town Attorney’s Office, Code Compliance Officer, and Police Department for qualified cases
related to criminal violations and conducting administrative hearings for municipal code
violations. These coordinated efforts would continue under both service provider options. As a
part of conducting research, staff sought out comparisons related to annual operating service
costs, operational capabilities, service delivery models, governance models, and the
regionalization of animal services and resources which would improve service levels to the
community.
Operational Cost Comparisons
At the end of the current term agreement, SJACS provided the Town with a proposed renewal
agreement (Attachment 2), which included a revised 3-year initial term and an operating cost
for FY 2024/25 of $289,185, an increase of 10.2% from FY 2023/24. For FY 2025/26 and FY
2026/27, annual operating costs would increase by 4% each year of the initial term which
would equal annual costs of $300,752.40 (FY 2025/26) and $312,782.50 (FY 2026/27). The
Town would not be responsible for paying an initial capital lump sum cost as was required in
2004.
In addition, annual domestic pet licensing fees paid to SJACS are reimbursed to the Town on a
quarterly basis based on the Town’s fee schedule. For reference, in FY 2023/24 the Town
anticipates a reimbursement from SJACS in the amount of approximately $25,000. See chart
below for annual operating costs proposed by the City of San Jose revised agreement renewal
options.
PAGE 3 OF 5 SUBJECT: Animal Services Agreement DATE: April 2, 2024
DISCUSSION (Continued):
INITIAL TERM YEARLY COMPENSATION (% Increase from Prior Year)
July 1, 2024 through June 30, 2025 $289,185.00 (+10.2%)
July 1, 2025 through June 30, 2026 $300,752.40 (+4%)
July 1, 2026 through June 30, 2027 $312,782.50 (+4%)
1st OPTION TERM YEARLY COMPENSATION (% Increase from Prior Year)
July 1, 2027 through June 30, 2028 $325,293.80 (+4%)
July 1, 2028 through June 30, 2029 $338,305.55 (+4%)
July 1, 2029 through June 30, 2030 $351,837.77 (+4%)
2nd OPTION TERM YEARLY COMPENSATION (% Increase from Prior Year)
July 1, 2030 through June 30, 2031 $365,911.28 (+4%)
July 1, 2031 through June 30, 2032 $380,541.73 (+4%)
July 1, 2032 through June 30, 2033 $395,769.64 (+4%)
SVACA’s annual operating costs and one-time capital/joint equipment contribution costs are
determined by voting members of the JPA Board of Directors on an annual basis. The Town
would be a new participating member under the current SVACA JPA. Therefore, the Town
would incur an initial one-time contribution towards capital costs or a joint maintenance
payment to offset equipment additions or to supplement other contributions made by
participating agencies. The initial contribution of capital costs for the Town is anticipated to be
less than $100,000 and SVACA has indicated that the amount would likely be allocated to
supplementing costs of a new vehicle or equipment items.
Factors for consideration of annual operating costs for SVACA are established based on
jurisdiction size and population, estimated number of field service calls, estimated boarding and
intake of animals into the shelter, and other JPA members’ jurisdictional needs and
contributions.
SVACA staff provided an initial estimate for the FY 24/25 annual operational cost to the Town in
the amount of $239,000. The estimate was based on the last three years of statistical data
from the Town. Future annual operating costs are determined through JPA approval and vote,
with anticipated three to four percent Consumer Price Index increases on an annual basis.
Annual licensing fees, spay and neuter fees, and adoption fees collected by SVACA from
residents in each jurisdiction are applied to each individual participating agency’s annual
payments the following year.
The SVACA JPA has demonstrated a capability of controlling costs and limiting the fiscal impact
to its member agencies. When comparing the recent history of proportionate costs charged to
by SVACA and SJACS based on service level and operations, there is a clear distinction between
PAGE 4 OF 5 SUBJECT: Animal Services Agreement DATE: April 2, 2024
DISCUSSION (Continued):
the two operations. In addition, if the Town is a member of the JPA, Los Gatos would have a
seat on the Board to decide these matters.
Service Capabilities
Both SJACS and SVACA provide professional full-service animal control services to jurisdictions
in the Santa Clara County. SJACS currently serves the City of San Jose, City of Cupertino, City of
Saratoga, and Town of Los Gatos. SVACA serves the City of Campbell, City of Monte Sereno,
City of Mountain View, and City of Santa Clara, with each participating agency having at least
one appointed member to the JPA Board of Directors.
SJACS and SVACA both operate in a 24/7 capacity to respond to priority one related calls for
service. SJACS has limited or delayed response capabilities for priority two and priority three
related calls for service (one hour or more) based on staffing resources available, on recognized
holidays, and after specific hours of the day. Due to the fact that Monte Sereno and Campbell
currently utilize SVACA services, staff believes that field responsiveness and geographical
availability for priority calls, follow up investigation, and proactive routine patrols within the
Town will increase with SVACA serving neighboring jurisdictions.
Governance Model
SVACA has an established JPA agreement (Attachment 3) in which each member agency has a
board representative from their respective city/town council. This model gives each jurisdiction
direct control by its elected officials over the Authority’s operations, including budgetary
decisions made related to operational costs, facility improvements, staffing, and SVACA
program management. All actions by the JPA require the Board’s approval. Currently, Santa
Clara receives two votes, and Mountain View, Campbell and Monte Sereno have one vote each.
New voting procedures may need to be established if Los Gatos were to join the JPA.
The JPA has successfully maintained effective intergovernmental relationships and coordination
of services through its Technical Advisory Committee (TAC). This group is comprised of staff
from the member agencies who meet regularly to ensure smooth operations and service
delivery to their respective communities and address operational concerns with flexibility and
localized respective control. Staff’s experience with administering contractual or shared
services maintained and operated solely by another single jurisdiction is less desirable based on
the limitations to control operations and budgeting, particularly during dynamic and
challenging economic times. The JPA model would provide the Town with an active role in
animal service from both an operational perspective and in its governance.
CONCLUSION:
After considering the history of the existing long-term contractional relationship, comparing
service provided, governance, and costs for the two service providers, staff believes entering
PAGE 5 OF 5 SUBJECT: Animal Services Agreement DATE: April 2, 2024
CONCLUSION (Continued):
into the SVACA JPA will result in improved operational efficiencies, better services to the
community and long-term savings to the Town for animal services.
Staff recommends Town Council approve authorization for the Town Manager to negotiate an
animal services agreement between the Town of Los Gatos and the Silicon Valley Animal
Control Authority (SVACA), and direct staff to bring back an agreement for the Town to become
a member of the SVACA JPA.
FISCAL IMPACT:
The estimated fiscal impact is an estimated $50,000 reduction in FY 24/25 operating costs for
the first year, with increased savings to the Operating Budget in future years. The Town would
defer annual revenues from animal licensing under the existing SJACS agreement, estimated at
$25,000 per year which would be applied to SVACA’s annual contribution maintenance fund to
align with other participating agencies.
Becoming a member of SVACA may incur a one-time capital expense or equipment contribution
by the Town to be determined by the SVACA JPA upon approval and acceptance of the Town as
a participating member agency. When considering both ongoing operating and one-time
capital costs, SVACA would offer the Town net savings in future years of operational costs in
comparison to SJACS built-in 4 percent increase annually, with a minimum 3-year optional
agreement terms.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. SJACS Original Agreement 2004
2. SJACS Proposed Renewal Agreement 2024
3. SVACA JPA Agreement 2012
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EXECL'TORY COPY �OR
1.;203� OFJ:'ICE OP THE TOWN CLERKAGR 04. 083IHH --------
ANIMAL SERVICES AGREEM ENT ORD ______ _BETWEEN REC ________ _THE CITY OF SAN JOSE RESO AND ----------
THE TOWN OF LOS GATOS
-t;J1.; This Animal Services Agreement ("AGREEMENT") is entered into this ;) 9 day of
� 2004, by and between the TOWN OF LOS GATOS, a municipal corporation
(hereinafter "LOS GATOS"), and the CITY OF SAN JOSE, a municipal corporation
(hereinafter "SAN JOSE"). LOS GATOS and SAN JOSE are hereinafter collectively
referred to as the "PARTIES."
RE CIT AL S
WHEREAS, LOS GATOS desires to provide certain animal control services to its
residents and citizens; and
WHEREAS, SAN JOSE has the personnel and facilities necessary to provide the
animal control services.
NOW, THEREFORE, in consideration of the mutual covenants set forth in this
AGREEMENT, the PARTIES hereby agree as fol)ows:
SECTION 1. SCOPE OF SERVICES.
SAN JOSE shall perform those services specified in detail in Exhibit A, entitled
"SCOPE OF SERVICES" ("Animal Services"), which is attached hereto and
incorporated herein.
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ATTCAHMENT 1
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SECTION 2. TERM
The term of this AGREEMENT shall be from July 1, 2004 to June 30, 2024, inclusive.
SAN JOSE shall begin providing Animal Services pursuant to this AGREEMENT on
July 1, 2004.
SECTION 3. CAPITAL CONTRIBUTION
Within thirty-five days of the execution of this AGREEMENT, LOS GATOS shall pay a
one-time capital contribution payment to SAN JOSE of Three Hundred Thousand
Dollars ($300,000). The capital contribution is to be used toward the SAN JOSE'S new
animal shelter, a new animal control vehicle, and overhead costs related to the
expansion of the shelter facility. In the event, LOS GATOS or SAN JOSE terminates
the AGREEMENT.as specified under SECTION 12 of this AGREEMENT, SAN JOSE
shall refund LOS GATOS' capital contribution based on the following schedule for
effective date of termination and amount:
July 1, 2004 through June 30, 2005
July 1, 2005 through June 30, 2006
July 1, 2006 through June 30, 2007
$300,000
$200,000
$100,000
If the effective date of the termination is after June 30, 2007, no refund shall be paid.
SECTION 4. MONTHLY PAYMENT PROVISIONS.
A.Payment Schedule
LOS GATOS shall make payments in equal monthly installments for services provided
after execution of this AGREEMENT. All installment payments by LOS GATOS shall
be due and payable on the first day of the month and shall be delinquent on the
fifteenth (15) business day thereafter without demand or notice to LOS GATOS. SAN
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JOSE will provide LOS GATOS an invoice at least fifteen (15) calendar days prior to the
payment due date.
8.Payment Amounts
For Animal Services provided by SAN JOSE to LOS GATOS under this AGREEMENT,
LOS GATOS shall pay SAN JOSE compensation for the period of July 1, 2004 through
June 30, 2005 in accordance with Section 4.A at the following base rate, to be
adjusted as described herein:
Field and Shelter Services $164,000
The cost for Field and Shelter services will be based on the number of live domestic
animals impounded by SAN JOSE. This cost incorporates all administrative costs,
Medical Services, and Dead Animal Services. The PARTIES agree to estimate the
number of animals to be impounded at the beginning of each fiscal year. The
PARTIES also agree that any overages will be separately billed and any underages
separately rebated at the end of each fiscal year. Any adjustments during the Fiscal
Year 2004-2005 will be from the base rate of $164,000.
The compensation for Animal Services under this AGREEMENT shall adjust each fiscal
year. The PARTIES agree that the adjusted rate shall be based on the formula
detailed in Exhibit B, which is attached hereto and incorporated herein.
In the event SAN JOSE provides services to LOS GATOS prior to execution of this
AGREEMENT, LOS GATOS shall compensate SAN JOSE in accordance with the
terms set forth in SECTION 4 of this AGREEMENT.
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SECTION 5. INSPECTION OF FINANCIAL BOOKS AND RECORDS.
During the term of this AGREEMENT, SAN JOSE shall keep its financial books and
records directly pertaining to the provision of Animal Services under the AGREEMENT
open to inspection and audit by LOS GATOS or LOS GATOS' designated
representative(s), upon request of LOS GATOS, and during normal business hours.
Any audit of SAN JOSE's financial books and records conducted by LOS GATOS shall
be at the expense of LOS GATOS.
SECTION 6. CONFIDENTIALITY.
SAN JOSE agrees that to the extent consistent with the California Public Records Act
and applicable California law, it shall maintain in confidence and shall not disclose to
any third party reports or other documents prepared in connection with the
performance of Animal Services under the AGREEMENT.
SECTION 7. PROJECT MANAGER.
The PARTIES shall each designate a Project Manager through whom any necessary
review of the Animal Services performed under the AGREEMENT will occur.
SECTION 8. INDEMNIFICATION.
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be
imposed between SAN JOSE and LOS GATOS pursuant to Government Code section
895.6, SAN JOSE and LOS GATOS agree that all losses or liabilities incurred by a
party shall not be shared pro rata as defined in Government Code section 895.6, but
instead SAN JOSE and LOS GATOS agree that pursuant to Government Code section
895.4, each of the PARTIES hereto shall fully indemnify and hold the other party, their
officers, board members, employees and agents, harmless from any claim, expense or
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cost, damage or liability imposed for injury (as defined by Government Code section
810.8) occurring by reason of and only to the extent of the negligent acts or omissions
or willful misconduct of the indemnifying party, its officers, board members, employees
or agents, under or in connection with or arising out of any work, authority or
jurisdiction delegated to such party under this AGREEMENT. No party, nor any officer,
board member, employee or agent thereof shall be responsible to the extent any
damage or liability occurs by reason of the negligent acts or omissions or willful
misconduct of other party hereto, its officers, board members, employees or agents,
under or in connection with or arising out of any work, authority or jurisdiction
delegated to such other parties under this AGREEMENT.
SECTION 9. INDEPENDENT CONTRACTOR RELATIONSHIP.
This AGREEMENT shall in no way be construed to constitute SAN JOSE as the
partner, legal representative, or employee of LOS GATOS or LOS GATOS of SAN
JOSE for any purpose whatsoever, or as the agent of LOS GATOS or SAN JOSE, and
neither party shall act or attempt to act or represent itself directly or by implication as
having such status or relationship. The PARTIES shall have the relationship of
independent contractors, and except as specifically provided in this AGREEMENT,
each party shall be solely responsible for all obligations and liabilities pertaining to the
business, activities, and facilities of that party. As an independent contractor, the
PARTIES shall obtain no rights to retirement benefits or other benefits, which accrue,
to the PARTIES' respective employees, and the PARTIES hereby expressly waive any
claim either of them may have to any such rights.
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SECTION 10. ASSIGNABILITY.
SAN JOSE and LOS GATOS acknowledge and agree that the expertise and
experience of SAN JOSE are material considerations inducing LOS GATOS to enter
into this AGREEMENT. LOS GATOS acknowledges and accepts that a portion of the
services provided under this AGREEMENT shall be provided by a handler of dead deer
and livestock, wildlife services, and/or independent veterinary doctors. Neither PARTY
shall assign or transfer any interest in this AGREEMENT, or the performance of any
obligations hereunder, other than those services provided by the handler of dead deer
and livestock, wildlife services, and/or independent veterinary doctors, without the prior
written consent of the other, and any �ttempt by either of the PARTIES to assign this
AGREEMENT or any rights, duties or obligations arising hereunder shall be void and of
no effect.
SECTION 11.NONDISCRIMINATION.
Neither PARTY shall discriminate, in any way, against 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 12. TERMINATION OF AGREEMENT.
A.Termination
This AGREEMENT may be terminated earlier at any time:
1.Upon the written consent of both SAN JOSE and LOS GATOS;
2.By either SAN JOSE or LOS GATOS immediately upon notice to the other,
if the other breaches any material obligation under this AGREEMENT and
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such breach remains unremedied for at least thirty (30) days following
written notice thereof to the breaching party; or
3.Upon at least one hundred eighty (180) days prior written notice by LOS
GATOS to SAN JOSE or SAN JOSE to LOS GATOS of that party's desire
to terminate this AGREEMENT. If LOS GATOS does not appropriate the
full amounts due to SAN JOSE under this AGREEMENT for any fiscal year
on or before June 30 of the year directly preceding the fiscal year for which
Animal Services are provided by SAN JOSE, then that action shall, as of
the same June 30, constitute the start of the 180-day notice of termination
of this AGREEMENT by LOS GATOS pursuant to this SECTION.
8.Effects of Tennination
Upon the effective date of any termination of this AGREEMENT, SAN JOSE's
obligation to provide Animal Services to LOS GATOS under this AGREEMENT shall
cease, and LOS GATOS' obligation to make payments hereunder for periods of
time after the effective date of termination shall cease, provided that the PARTIES
shall have any and all remedies available under law for any breach of this
AGREEMENT. The PARTIES may also elect to negotiate a new agreement for the
provision of Animal Services at any time after the effective date of termination.
C.Termination Costs
In the event LOS GATOS elects to terminate this AGREEMENT, SAN JOSE shall be
reimbursed for stray animals that were sheltered for LOS GATOS but not paid for
prior to termination for a period of twelve (12) months from the date of termination.
The reimbursement will be at the rate per animal agreed upon by the PARTIES for
that fiscal year. SAN JOSE shall notify LOS GATOS of the number of animals it
shelters during the twelve (12) month period through and in a monthly report
provided by SAN JOSE in the same format and manner as the monthly impound
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report. LOS GATOS shall pay SAN JOSE for shelter services in accordance with
SECTION 4.A.
SECTION 13. COMPLIANCE WITH LAWS.
Each PARTY shall comply with all applicable laws, ordinances, codes and regulations
of the federal, state and local governments.
SECTION 14. GIFTS.
A.LOS GATOS is familiar with SAN JOSE's prohibition against the acceptance of
any gifts by a SAN JOSE officer or designated employee, which prohibition is
found in Chapter 12.08 of the San Jose Municipal Code.
8.LOS GATOS agrees not to offer any SAN JOSE officer or designated employee
gifts prohibited by said Chapter.
C.The offer or giving of an� gift prohibited by Chapter 12.08 shall_ constitute a
material breach of the AGREEMENT by LOS GATOS. In addition to any other
remedies SAN JOSE may have in law or equity, SAN JOSE may terminate this
AGREEMENT for such breach as provided in Section 12.A.2 of this
AGREEMENT.
SECTION 15. RETROACTIVE SERVICES PROVIDED.
It is understood and agreed that SAN JOSE may have provided services pursuant to
the provisions of this AGREEMENT, but prior to the execution of this AGREEMENT by
the PARTIES, in anticipation of this execution. LOS GATOS shall compensate SAN
JOSE for those services in accordance with the terms of this AGREEMENT. However,
in no instance shall SAN JOSE be compensated under this AGREEMENT for work
performed for LOS GATOS prior to July 1, 2004.
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SECTION 16. INSURANCE.
SAN JOSE shall, at its own expense, maintain a program of self-insurance and/or
insurance as specified in EXHIBIT C "INSURANCE," which is attached hereto and
incorporated herein.
SECTION 17. NOTICES AND INVOICES.
All notices and invoices required or permitted hereunder shall be deemed to have been
received when delivered in person or if mailed, on the third (3rd) business day after the
date on which mailed, postage prepaid, and addressed to each party as follows:
To SAN JOSE:
To LOS GATOS:
Director San Jose Animal Care and Services 1821 Zanker Road San Jose, CA 95112
Chief of Police Los Gatos/Monte Sereno Police Department
Town of Los Gatos 110 E. Main Street
Los Gatos, CA 95032
The PARTIES agree to notify each other in writing of any change in the address no
later than thirty (30) days prior to the change in location for receipt of notice.
SECTION 18. VENUE.
In the event that suit shall be brought by either party to this AGREEMENT, the
PARTIES agree that venue shall be exclusively vested in the state courts of the State of
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California, County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in
the United States District Court, Northern District of California, San Jose, California.
SECTION 19. GENERAL PROVISIONS.
A.Entire Agreement
This AGREEMENT constitutes the entire agreement between the PARTIES hereto
relating to the subject matter hereof and supersedes all prior and contemporaneous
oral and written commitments, understandings and agreements. No changes or
modifications to this AGREEMENT shall be valid or binding unless contained in a
written amendment duly executed by the PARTIES.
8.Waivers
No delay or failure of either party to exercise or enforce at any time any right or
provision of this AGREEMENT shall be considered a waiver of such right or provision or
of such party's right thereafter to exercise or enforce each and every right and provision
of this AGREEMENT. In order to be valid, any waiver shall be in writing but need not
be supported by consideration. No single waiver shall constitute a continuing or
subsequent waiver. Neither the acceptance by LOS GATOS of the performance of any
work or services performed by SAN JOSE nor the acceptance of compensation by SAN
JOSE shall be deemed to be a waiver of any term or condition of this AGREEMENT.
C.Interpretations
In construing or interpreting this AGREEMENT, the word "including" shall not be
limiting. The PARTIES agree that this AGREEMENT shall be fairly interpreted in
accordance with its terms without any strict construction in favor of or against either
party.
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D.Invalid Provisions
If any provision of this AGREEMENT shall be held illegal, invalid, or unenforceable, in
full or in part, such provision shall be modified to the minimum extent necessary to
make it legal, valid, and enforceable, and the other provisions of this AGREEMENT
shall not be affected thereby.
E.Further Documents
The PARTIES agree, upon request, to sign and deliver such other documents as may
be reasonably required to carry out the intent and provision of this AGREEMENT.
F.California Law.
This AGREEMENT shall be governed by and construed and enforced in accordance
with the laws of the State of California.
G.Counterpart Execution
This AGREEMENT may be executed in one or more counterparts, each of which shall
be deemed an original, and all of which shall constitute one and the same document.
T-11981237252.5 11
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT as of
..y..,. l J.. 9 day of kh .. ,.� , 2004.
APPROVED AS TO FORM:
Associate Deputy City Attorney
APPROVED AS TO FORM:
ft#"Y P. KORB Town Attorney
ATTEST:
T-11981237252.5
"SAN JOSE"
CITY OF SAN JOSE, a municipal
corporation
PETER JEN Assistant to the City Manager
"LOS GATOS"
TOWN OF LOS GATOS, a municipal corporation
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SECTION 1.
EXHIBIT A
SCOPE OF SERVICES
SERVICES PROVIDED.
For the consideration set forth herein, SAN JOSE shall provide to LOS GATOS Field,
Licensing and Sheltering Services. These categories of service are collectively referred
to as "Animal Services." Calls for animal related services which are not provided by
SAN JOSE shall be referred by SAN JOSE to the appropriate enforcement agency of
LOS GATOS in writing or by electronic mail.
SECTION 2. DEFINITIONS.
A."Critically sick or injured animals" means those animals that have life
threatening conditions.
B."Dangerous Animals" means any wild, exotic, or venomous animal, or other
animal which because of its size, disposition or other characteristics, would
constitute a danger to persons or property as defined in the Los Gatos Town
Code §4.10.010(9).
C."Emergency Calls" means complaints of animal bites or attacks on humans or
domestic animals that are in progress, a high risk animal bite to human or
domestic animal, or, where a bite has occurred and the animal remains a threat
to humans or domestic animals.
D."Holidays" are New Years Day, Martin Luther King Day, President's Day, Caesar
Chavez Day, Memorial Day, Independence Day, Labor Day, Columbus Day,
Veterans Day, Thanksgiving Day, Day After Thanksgiving, Christmas Eve Day,
Christmas Day and New Years Eve Day.
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E."Dangerous Dog" or "Potentially Dangerous Dog" means a dog that has
attacked, without provocation, humans or other domestic animals or has
threatened the safety of humans or domestic animals as defined in the Los
Gatos Town Code §4.10.019(r).
F."Wildlife" means any animal that is native to this region and recognized as an
indigenous species such as opossums, raccoons, skunks or squirrels.
SECTION 3. FIELD SERVICES.
A.FIELD SERVICES
SAN JOSE shall provide vehicles, communications equipment, hardware and software
requirements, office supplies, field and administrative personnel, and any other
personnel, supplies and equipment, reasonably required to perform the following
services (the "Field Services") upon a request or complaint from LOS GATOS or from a
person within the boundaries of LOS GATOS:
(1)Pick up of confined stray dogs, cats and other small animals, including
but not limited to, rabbits, chickens, turkey, geese, birds and ducks, and
excluding Wildlife;
(2)Pick up injured or sick stray dogs, cats, birds, and other small animals
that are located on public property or readily accessible on private
property with the consent of the property owner or the property owner's
authorized agent;
(3)Pickup of injured or sick Wildlife, and livestock;
(4)Pick up dead animals in accordance with SECTION 5 of this Exhibit A;
(5)Investigate complaints of animal bites or attacks on humans, including
the preparation of a report, interviewing the parties involved, quarantining
animals which have bitten humans, preparing and transporting biting
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animals for rabies testing, and investigating alleged violations of a
quarantine order;
a)The investigation contemplated under this SECTION 3.A5 may be
conducted by telephone when the owner and victim are the same
person. In all other cases, SAN JOSE will meet and conduct a
personal interview(s) with the owner in order to complete the
investigation and quarantine the animal as necessary;
(6)Investigate and refer complaints of Dangerous Dog, Potentially
Dangerous Dog, and/or Dangerous Animals to the appropriate
enforcement agency of LOS GATOS for resolution. Investigations shall
include preparation of a report, interviewing the parties involved, and
collecting available historical data;
(7)Respond to complaints of dogs running at large, attempt to capture them
and provide follow-up patrol if appropriate;
(8)Respond to police assist calls on animal-related issues which may
include taking control of an animal at the direction of a police officer on
the scene;
(9)Investigate complaints of activities criminal in nature, such as animal
cruelty, neglect and fighting including preparation of a report, interviewing
the parties involved, and collecting available historical data for referral to
the Santa Clara County District Attorney's Office. SAN JOSE shall
237252.5
provide LOS GATOS a copy of the investigative packet and in each case
obtain LOS GATOS' decision and authorization to refer the case to the
Santa Clara County District Attorney's Office. If needed or appropriate,
SAN JOSE personnel shall appear for court proceedings at no additional
cost to LOS GATOS;
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(10)Investigate and refer complaints of animal abuse or neglect, under the
Los Gatos Town Code, to the appropriate enforcement agency of LOS
GATOS for resolution. Investigations shall include preparation of a
report, collecting available historical data, and may include interviewing
the parties involved;
(11)Investigate and refer complaints of excessive animals, under the Los
Gatos Town Code, to the appropriate enforcement agency of LOS
GATOS for resolution;
(12)Respond to complaints in progress of domestic animals causing a
nuisance, except domestic animals making noise, and provide follow-up
patrol if appropriate. SAN JOSE may issue citations for certain nuisances
caused by domestic animals, as defined under the Los Gatos Town Code
§4.10.070 pursuant to the authority conferred by Los Gatos Town Code
§4.10.055; and
(13)Respond to complaints of venomous or other dangerous snakes and bats
that are located on public property or readily accessible on private
property with the consent of the property owner or the property owner's
authorized agent.
The PARTIES agree that during the course of administering field services, police
assistance may be necessary. Upon request from SAN JOSE, LOS GATOS shall
provide the police assistance necessary to administer said Field Services.
8.RESPONSE TIME PERFORMANCE STANDARDS
SAN JOSE shall make all reasonable efforts to respond to complaints and requests
received by LOS GATOS or from persons within the boundaries of LOS GATOS at a
performance standard level that is no less than the following during normal business
hours:
237252.5 A-4
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(1)PRIORITY 1 -Response to Emergency Calls; police assist; bites to
human and/or domestic animal from bats and skunks; at large Dangerous
or Potentially Dangerous Dog; at large quarantined animal; critically sick
or injured animal; and animals in distress.
(2)
a)Response shall be on a twenty-four (24) hours per day, seven (7)
days per week basis and shall be within one hour or less from the
time the call for service is received by SAN JOSE to the time SAN
JOSE's personnel arrive on scene.
PRIORITY 2 -Response to complaints of bites; animals on school
grounds; animals that pose a traffic hazard on the streets of LOS
GATOS; animals in traps; animals suffering from cruelty or neglect; and
confined strays.
a)Response shall be during normal business hours and shall be
within two business hours from the time the call for service is
received by SAN JOSE to the time SAN JOSE personnel arrive on
the scene Monday through Friday and within four business hours
from the time the call for service is received by SAN JOSE to the
time SAN JOSE personnel arrives on scene on Saturdays,
Sundays and Holidays.
(3)PRIORITY 3 -Response to any calls remaining from PRIORITY 1 and 2;
dead animal pick up; and dogs running at large.
237252.5
a)Response shall be during normal business hours and shall be
within four business hours from the time the call for service is
received by SAN JOSE to the time SAN JOSE personnel arrive on
the scene Monday through Friday and within eight business hours
from the time the call for service is received by SAN JOSE to the
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time SAN JOSE personnel arrives on scene on Saturdays,
Sundays and Holidays.
C.RESPONSE AFTER BUSINESS HOURS
SAN JOSE shall respond to PRIORITY 1 calls during and after normal business hours,
twenty-four hours per day, seven days per week including Holidays. SAN JOSE shall
make all reasonable efforts to respond to PRIORITY 2 calls received after normal
business hours no later than 11 :00 a.m. the following business day. SAN JOSE shall
make all reasonable efforts to respond to PRIORITY 3 calls received after normal
business hours no later than 3 p.m. the following business day.
D.EXCLUDED SERVICES
The following services are not included in the services provided by SAN JOSE under
this AGREEMENT:
237252.5
(1)Removal and disposal of dead marine mammals;
(2)Pick up and transportation of uninjured or healthy, living Wildlife;
(3)Pick up animals for surrender at the owner's request except that SAN
JOSE may provide these services in SAN JOSE's discretion and
charge a fee to be paid by the owner separate and apart from this
AGREEMENT;
(4)Permitting or inspection of events with animals;
(5)Investigation of complaints that only relate to domestic animals or
Wildlife making noise.
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SECTION 4. SHELTER SERVICES.
A.SHELTER SERVICES
SAN JOSE shall provide the shelter facilities, supplies, animal attendants, supervisors
and administrative personnel, and any other personnel, supplies and equipment,
reasonably required to perform the following services (the "Shelter Services"):
(1)Shelter of abandoned, impounded, lost or stray domestic animals brought
to the shelter by LOS GATOS, its residents, or SAN JOSE personnel;
(2)Quarantine of biting animals;
(3)Rabies testing of suspect animals;
(4)Provide facilities for surrender and reclaim of abandoned, lost or stray
domestic animals during established business hours;
(5)Euthanization and disposal of abandoned, lost, impounded, or stray
domestic animals that are unclaimed by their owners and fail to meet the
written SAN JOSE temperament standards for adoption; and
(6)Provision of animal license to dogs, or other animals to which licensing is
applicable, at the animal shelter.
8.MEDICAL SERVICES
As part of the Shelter Services, SAN JOSE shall provide office facilities, supplies, and
professional and trained personnel, employed or under contract, reasonably necessary
to perform the following services (the "Medical Services"):
(1)Providing veterinarian services twenty-four (24) hours per day to treat and
provide veterinarian care to stray, injured, or sick dogs, cats, and other
impounded animals;
(2)
(3)
(4)
237252.5
Monitor impounded quarantined biting animals;
Provide vaccination services; and
Have available, free of charge to the public, rabies control information.
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C.OPERATING SCHEDULES
SAN JOSE shall also provide Shelter Services for the animals in the facility twenty-four
(24)hours a day, seven (7) days a week. SAN JOSE shall provide or under contract
provide emergency veterinary services and shall make animals available to the public in
accordance with state law.
SECTION 5. DEAD ANIMAL SERVICES.
SAN JOSE shall provide storage facilities, disposal mechanisms, field and
administrative personnel, and any other personnel, supplies and equipment reasonably
required to perform the following services (the "Dead Animal Services"):
(1)Pick up of dead animals, including Wildlife, from the streets of LOS
GATOS, or from private property within LOS GATOS with the consent of
the property owner or the property owner's authorized agent in
aQ.cordance with this SE_CT_IO_N 3.8.3;
(2)Handle or refer dead deer and livestock to handler for dead deer and
livestock;
(3)Identification of and notification to the owner of the dead animal,
whenever possible;
(4)Scan each dead animal for microchip identification, if available; and
(5)Disposal of the body of the dead animal.
SECTION 6. RECORDS REGARDING ANIMAL SERVICES.
A.MAINTENANCE OF RECORDS
SAN JOSE shall maintain accurate records regarding its performance of Animal
Services for a period of three (3) years from the date such records are created. Such
records shall include Shelter Services records regarding receipt, care, reclaim, and
237252.5 A-8
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disposition of owner surrendered, abandoned, impounded, lost or stray domestic
animals, including names and addresses of persons reclaiming animals, Dead Animal
Services records regarding receipt and disposal of dead animals, and fees collected for
the LOS GATOS.
8.INSPECTION OF RECORDS
SAN JOSE shall make available for inspection by LOS GATOS or LOS GATOS'
designated representative(s) records regarding Animal Services under this
AGREEMENT, upon request of LOS GATOS during SAN JOSE's normal business
hours.
C.MONTHLY REPORT
SAN ·JOSE shall provide within 30 days of the end of each month, a monthly Animal
Control and Impound Report summarizing Field Services, Shelter Services, Licensing
Services, Medical Services and Dead Animal Services provided by SAN JOSE to LOS
GATOS. This report shall include, but not be limited to, the following information:
(1)Total number of calls for service, complaints relating to animal bites or
attacks, complaints relating to vicious or dangerous dogs, and other
activities;
(2)Total number of licenses sold to LOS GATOS residents;
(3)Number of incoming live animals, including Wildlife, brought to the
shelter (surrender and field);
(4)Number of dead animals picked up by SAN JOSE and brought to the
shelter; and
(5)Number and type of animals provided Medical Services along with a brief
description of service; and
(6)Response time performance standard report for Priority 1 through 3 calls.
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D.YEARLY REPORT
SAN JOSE shall complete and submit to the County of Santa Clara Public Health
Department the Annual Report of Local Rabies Control Activities for the Town of Los
Gatos. SAN JOSE shall also provide an annual report of activities and
accomplishments detailed in SECTION 6.C of this Exhibit A to LOS GATOS.
SECTION SEVEN. PROGRAM REVENUE.
A.FEES COLLECTED BY SAN JOSE
SAN JOSE shall collect fees, charges, and penalties (the "Program Fees") from the
public in connection with a portion of the Animal Services provided under this
AGREEMENT, including but not limited to items such as impound, quarantine, and
boarding fees. These Program Fees shall be at the rates established by LOS GATOS.
If no fee or charge has been established by LOS GATOS, the PARTIES shall mutually
determine the appropriate fee or charge for the particular service at issue and shall be
imposed by SAN JOSE after it has been duly adopted by LOS GATOS and become
effective.
B.PAYMENT OF PROGRAM FEES TO LOS GATOS
All Program Fees collected by SAN JOSE in connection with the Animal Services
provided to LOS GATOS, except fees collected for emergency veterinary services
which are paid to contract veterinary providers by SAN JOSE, shall be paid or credited
monthly by SAN JOSE to LOS GATOS by the fifteenth (15th) business d.ay ofthe .
month immediately following the month in which the Program Fees were collected.
C.MONTHLY FEE STATEMENT
SAN JOSE shall provide to LOS GATOS with each monthly payment of Program Fees,
a statement of Program Fees collected that shows the total amount of Program Fees
237252.5 A-10
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collected and the total amounts collected in each fee category, such as impound,
quarantine and board fees.
D.ANIMAL LICENSING FEES
SAN JOSE shall remit licensing fees paid for the licensing of dogs and cats residing in
LOS GATOS to LOS GATOS on a monthly basis. The licensing fees shall be at the
rates established by LOS GATOS. If no fee has been established by LOS GATOS, the
PARTIES shall mutually determine the appropriate fee for the particular license at issue
and SAN JOSE shall impose the fee after it has been duly adopted by LOS GATOS
and become effective.
SECTION EIGHT. OTHER RESPONSIBILITIES.
A.ADMINISTRATIVE HEARINGS
SAN JOSE shall not be responsible for nor bear the costs of scheduling or conducting
any required hearings regarding Dangerous or Potentially Dangerous Dogs, or any
other matter subject to an administrative hearing. If needed or appropriate, SAN JOSE
personnel shall appear as a witness at any such hearing at no additional cost to LOS
GATOS.
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EXHIBIT B
FORMULA FOR COMPENSATION
LOS GATOS shall compensate SAN JOSE for Animal Services utilizing the Fiscal Year
2004-2005 base rate of $164,000 (hereinafter "Base Rate"). The Base Rate shall apply
to the first year of this Agreement (i.e. through June 30, 2005). Compensation for
Animal Services shall be adjusted once a year effective July 1 of the next fiscal year
(i.e. 2005, 2006, 2007 etc.). The PARTIES agree that each increase for Animal
Services shall be based on the percentage increase in total compensation provided to
all SAN JOSE animal control officers or the February to February Consumer Price
Index-Urban Wage Earners and Clerical Workers for San Francisco-Oakland-San Jose,
CA (maintained by the Bureau of Labor Statistics) (hereinafter "CPIU") plus 1.5% as set
forth in the Calculation Formula below, whichever is less.
The PARTIES agree to estimate the number of animals to be impounded at the
beginning of each fiscal year. The PARTIES also agree that any overages will be
separately billed and any underages separately rebated at the end of each fiscal year.
Any adjustments during the Fiscal Year 2004-2005 will be from the base rate of
$164,000.
Calculation Formula
ANNUAL COST OF LIVING INCREASE IN TOTAL COMPENSATION:
"Total Compensation" refers to the amount SAN JOSE provides for total compensation
(salary and benefits) at top step for a 40-hour per week animal control officer. On July
1st of each fiscal year, the percentage change in Total Compensation will be derived
from the nevv' Total Compensation amount divided by the Total Compensaiion effective
from July 1 st of the prior fiscal year (e.g. Total Compensation Percentage Change
237252.5 C-1
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(Fiscal Year 2005-2006) = (Total Compensation (Fiscal Year 2005-2006) / Total
Compensation (Fiscal Year 2004-2005) - 1 ).
The annual projected budget increase in contract costs shall be computed as
follows:
Fiscal Year 2004-2005 Base Year = $164,000
Fiscal Year 2005-2006 and thereafter = (Animal Services Compensation for Preceding
Fiscal Year) x (Percentage Change in Total Compensation for the previous fiscal year)
or (CPI-U for the previous fiscal year + 1.5%), whichever is less. In the event the
percentage change in CPIU for any given fiscal year is negative, the percentage
change in CPIU shall be deemed zero (0).
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EXHIBIT C
INSURANCE
SAN JOSE represents and warrants that, at SAN JOSE'S sole cost and expense, it will maintain for the duration of this AGREEMENT self-insurance against claims for injuries to persons or damages to property which may arise from, or in
connection with, the performance of the services hereunder by SAN JOSE, its agents, representatives, employees or subcontractors.
A.Minimum Scope of Insurance
Coverage shall be at least as broad as:
1.The coverage described in Insurance Services Office Form Number GL
0002 (Ed. 01/96) covering Commercial General Liability together withInsurance Services Office Form Number GL 0404 covering Broad Form
Comprehensive General Liability; or that described in Insurance ServicesOffice Commercial General Liability coverage ("occurrence") FormNumber CG 0001 (Ed. 01/96); and
2.The coverage described in Insurance Services Office Form Number CA0001 (Ed. 12/93) covering Automobile Liability, Code 1 "any auto", orCode 2 "owned autos" and Endorsement CA 0025. Coverage shall alsoinclude Code 8 "hired autos" and Code 9 "non-owned autos"; and
3.Workers' Compensation insurance as required by the California LaborCode and Employers Liability insurance; and
4.Professional Liability Errors and Omissions, when applicable.
8.Minimum Limits of Insurance
237252.5
SAN JOSE self-insurance maintained limits no less than:
1.
2.
Commercial General Liability: $1,000,000 per occurrence for bodily
injury, personal injury and property damage; and
Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage; and
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3.Workers' Compensation and Employers' Liability: Workers'Compensation limits as required by the California Labor and EmployersLiability limits of $1,000,000 per accident; and
4.Professional Liability Errors and Omissions $1,000,000 Aggregate Limit.
C.Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1.Commercial General Liability and Automobile Liability Coverages
a.SAN JOSE self-insured coverage shall apply to LOS GATOS, its
officers, employees, agents and contractors as respects: Liability arising out of
activities performed by or on behalf of, SAN JOSE; products and completed operations of SAN JOSE; premises owned, leased or used by SAN JOSE; and automobiles owned, leased, hired or borrowed by SAN JOSE. Said self-insurance shall apply fully to any indemnity for LOS GATOS, its officers, employees, agents and contractors.
b.SAN JOSE's insurance coverage shall be primary insurance asrespects LOS GATOS, its officers, employees, agents and contractors. Any insurance or self-insurance maintained by LOS GATOS, its officers, employees, agents or
contractors shall be excess of SAN JOSE's self-insurance and shall not contribute with
it.
c.Any failure to comply with reporting provisions of the policies bySAN JOSE shall not affect coverage provided LOS GATOS, its officers, employees,
agents, or contractors.
d.Coverage shall state that SAN JOSE's self-insurance shall apply
separately to each insured ·against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
D.Verification of Coverage
SAN JOSE shall furnish LOS GATOS with Affidavit of insurance . affecting coverage required by this AGREEMENT at the time of contracting and upon expiration of each certificate.
E.Subcontractors
SAN JOSE shall obtain separate certificates and endorsements for each subcontractor
and furnish LOS GATOS with a copy of the certificates and endorsements at the time of contracting or expiration of each certificate.
237252.5 C-4
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237252.5 C-5
RD:RLT:ERD 4/1/2004 Res. No. 72038
RESOLUTION NO. 72038
A RESOLUTION OF THE CO UNCIL OF THE CITY OF SAN
JOSE AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AGREEMENTS WITH THE
CITIES OF CUPERTINO, LOS GATOS AND SARATOGA
FOR ANIMAL SERVICES
WHEREAS, the Animal Care and Services Division of the Parks, Recreation and
Neighborhood Services Department of the City of San Jose ("City") was created in July,
2001, assuming all animal field services, including code enforcement, stray animal
removal, vicious dog permits, and animal licensing; and
WHEREAS, it is anticipated that construction of the City's new animal care facility will
be completed in the summer of 2004, and upon its completion, the City will assume all
remaining animal services currently provided by the Humane Society Silicon Valley,
which services include sheltering of animals, immunization clinics and public education
programs; and
WHEREAS, the cities of Cupertino, Los Gatos, and Saratoga have requested that the
City provide complete animal services for their jurisdictions, including animal field
services and animal sheltering; and
WHEREAS, the City desires to negotiate and execute agreements with the cities of
Cupertino, Los Gatos, and Saratoga to provide such animal services for a period of 20
-years, anticipated to commence in.the summer of 2004, which agreements will include
annual payments for operations as well as a one-time capital contribution;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN
JOSE THAT:
RD:RLT:ERD
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Res. No. 72038
The City Manager is hereby authorized to negotiate and execute the following
agreements to provide animal services for a twenty year term commencing July 1,
2004:
1.An agreement with the City of Cupertino in the amount of $166,000 per annum in
operating costs and a one-time capital contribution of $500,000.
2.An agreement with the City of Los Gatos in the amoun� of $164,000 per annum
in operating costs and a one-time capital contribution of $300,000.
3.An agreement with the City of Saratoga in the amount of $155,000 per annum in
operating costs and a one-time capital contribution of $300,000.
ADOPTED this 6th day of April, 2004, by the following vote:
AYES:
NOES:
ABSENT:
CAMPOS, CHAVEZ, CHIRCO, CORTESE, DANDO,
GREGORY, LeZOTTE, REED, WILLIAMS, YEAGER;
GONZALES
NONE
NONE
DISQUALIFIED: NONE . 4::�,
Mayor
ATTEST:
��DEANNAJ.i?r ANA
Acting City Clerk
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AGREEMENT FOR ANIMAL SERVICES
BETWEEN THE CITY OF SAN JOSE
AND THE TOWN OF LOS GATOS
This AGREEMENT is made and entered into this ____day of _______________, 20__,
and is by and between the CITY OF SAN JOSE, a municipal corporation (hereinafter
“SAN JOSE”), and the TOWN OF LOS GATOS, a municipal corporation (hereinafter
“LOS GATOS”). SAN JOSE and LOS GATOS are sometimes referred to herein
individually as “Party” and collectively as “Parties.”
THE PARTIES HEREBY AGREE AS FOLLOWS:
SECTION 1. SCOPE OF SERVICES.
SAN JOSE 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.
A.Initial Term.
The initial term of this AGREEMENT shall be from July 1, 2024
(“Commencement Date”) through June 30, 2027, inclusive, subject to the
provisions of SECTION 8 of this AGREEMENT (“Initial Term”). Regardless of the
date of execution of this AGREEMENT, this AGREEMENT is effective as of the
Commencement Date.
B.Options to Extend.
The Parties may extend the term of the AGREEMENT in two (2) additional three-
year increments (“Option Terms”) through June 30, 2033, subject to the
appropriation of funds and to any adjustments for compensation as set forth in
EXHIBIT B. The Parties shall exercise any Option Terms by executing a Notice
of Exercise of Option in the form set forth in EXHIBIT C no less than one hundred
and eighty days (180) days prior to the expiration of the Initial Term or the
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expiration of an Option Term, whichever is applicable. All terms and conditions of
this AGREEMENT shall remain in full force and effect during any and all Option
Terms.
C. Appropriation of Funds.
The Parties’ funding of this AGREEMENT shall be on a fiscal year basis (July 1
to June 30) and is subject to annual appropriations by the City Councils of SAN
JOSE and LOS GATOS. Accordingly, the Parties agree that the exercise of any
option to extend by the Parties is contingent upon the appropriation of funds.
SECTION 3. COMPENSATION.
The rate and schedule of payment to be paid to SAN JOSE is set out in EXHIBIT B,
entitled “COMPENSATION,” which is attached hereto and incorporated herein.
SECTION 4. INDEPENDENT CONTRACTOR RELATIONSHIP.
This AGREEMENT shall in no way be construed to constitute SAN JOSE as the
partner, legal representative, or employee of LOS GATOS or LOS GATOS of SAN
JOSE for any purpose whatsoever, or as the agent of LOS GATOS or SAN JOSE, and
neither Party shall act or attempt to act or represent itself directly or by implication as
having such status or relationship. The Parties shall have the relationship of
independent contractors, and except as specifically provided in this AGREEMENT, each
Party shall be solely responsible for all obligations and liabilities pertaining to the
business, activities, and facilities of that Party. As an independent contractor, the
Parties shall obtain no rights to retirement benefits or other benefits, which accrue, to
the Parties’ respective employees, and the Parties hereby expressly waive any claim
either of them may have to any such rights.
SECTION 5. ASSIGNABILITY.
SAN JOSE and LOS GATOS acknowledge and agree that the expertise and experience
of SAN JOSE are material considerations inducing LOS GATOS to enter into this
AGREEMENT. LOS GATOS acknowledges and accepts that a portion of the services
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provided under this AGREEMENT shall be provided by a handler of dead deer and
livestock, wildlife services, and/or independent veterinary doctors. Neither Party shall
assign or transfer any interest in this AGREEMENT, or the performance of any
obligations hereunder, other than those services provided by the handler of dead deer
and livestock, wildlife services, and/or independent veterinary doctors, without the prior
written consent of the other, and any attempt by either of the Parties to assign this
AGREEMENT or any rights, duties or obligations arising hereunder shall be void and of
no effect.
SECTION 6. INDEMNIFICATION.
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be
imposed between the Parties pursuant to Government Code section 895.6, the Parties
agree that all losses or liabilities incurred by a Party shall not be shared pro rata as
defined in Government Code section 895.6, but instead SAN JOSE and LOS GATOS
agree that pursuant to Government Code section 895.4, each of the Parties hereto shall
fully indemnify and hold each of the other Party, their officers, board members,
employees and agents, harmless from any claim, expense or cost, damage or liability
imposed for injury (as defined by Government Code section 810.8) occurring by reason
of and only to the extent of the negligent acts or omissions or willful misconduct of the
indemnifying Party, its officers, board members, employees or agents, under or in
connection with or arising out of any work, authority or jurisdiction delegated to such
Party under this AGREEMENT. No Party, nor any officer, board member, employee or
agent thereof shall be responsible to the extent any damage or liability occurs by reason
of the negligent acts or omissions or willful misconduct of other Parties hereto, their
officers, board members, employees or agents, under or in connection with or arising
out of any work, authority or jurisdiction delegated to such other Parties under this
AGREEMENT.
SECTION 7. NONDISCRIMINATION.
The Parties shall not discriminate, in any way, against any person on the basis of race,
sex, color, age, religion, sexual orientation, actual or perceived gender identity,
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disability, ethnicity, or national origin, in connection with or related to the performance of
this AGREEMENT.
SECTION 8. TERMINATION.
A. Termination
This AGREEMENT may be terminated earlier at any time:
1. Upon the written consent of both LOS GATOS and SAN JOSE.
2. By either LOS GATOS or SAN JOSE immediately upon notice to the
other, if the other breaches any material obligation under this
AGREEMENT and such breach remains unremedied for at least thirty (30)
days following written notice thereof to the breaching Party.
3. Immediately upon written notice by LOS GATOS to SAN JOSE if SAN
JOSE has a receiver appointed for all or substantial part of its business or
assets, if a bankruptcy proceeding is brought by or against SAN JOSE as
a debtor, or if SAN JOSE ceases its business operations; or
4. Upon at least one hundred eighty (180) days prior written notice by LOS
GATOS to SAN JOSE or SAN JOSE to LOS GATOS of that Party’s desire
to terminate this AGREEMENT. If LOS GATOS does not appropriate the
full amounts due to SAN JOSE under this AGREEMENT for FY 2023-
2024 or on or before June 30 of the year directly preceding the fiscal year
for which Animal Services, as defined in EXHIBIT A, are provided by SAN
JOSE; then that action shall, as of the same June 30, constitute the start
of the 180-day notice of termination of this AGREEMENT by LOS GATOS
pursuant to this SECTION.
B. Effects of Termination
Upon the effective date of any termination of this AGREEMENT, SAN JOSE’s
obligation to provide Animal Services to LOS GATOS under this AGREEMENT
shall cease, and LOS GATOS’ obligation to make payments hereunder for
periods of time after the effective date of termination shall cease, provided that
the Parties shall have any and all remedies available under law for any breach of
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this AGREEMENT. The Parties may also elect to negotiate a new agreement for
the provision of Animal Services upon the effective date of termination.
C. Termination Costs
In the event LOS GATOS elects to terminate this AGREEMENT with SAN JOSE,
LOS GATOS shall pay SAN JOSE the Contract Amount in EXHIBIT B at a
prorated daily rate up to the date of termination.
SECTION 9. GOVERNING LAW.
The Parties agree that the law governing this AGREEMENT shall be that of the State of
California.
SECTION 10. COMPLIANCE WITH LAWS.
The Parties shall comply with all applicable laws, ordinances, codes and regulations of
the federal, state and local governments.
SECTION 11. CONFIDENTIAL INFORMATION.
All data, documents, discussions or other information developed or received by or for
the Parties in performance of this AGREEMENT are confidential and not to be disclosed
to any person except as authorized by the Parties, or as required by law.
SECTION 12. WAIVER.
No delay or failure of either Party to exercise or enforce at any time any right or
provision of this AGREEMENT shall be considered a waiver thereof or of such Party’s
right thereafter to exercise or enforce each and every right and provision of this
AGREEMENT. The Parties agree that waiver 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 contained herein or a waiver of any subsequent breach or violation of the
same or any other term or condition. The acceptance by LOS GATOS of the
performance of any work or services by SAN JOSE shall not be deemed to be a waiver
of any term or condition of this AGREEMENT.
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SECTION 13. GIFTS.
A. The Parties are familiar with the prohibition against the acceptance of any gift by
an officer or designated employee of SAN JOSE or LOS GATOS.
B. SAN JOSE agrees not to offer any LOS GATOS officer or designated employee
any gift prohibited by LOS GATOS. LOS GATOS agrees not to offer any SAN
JOSE officer or designated employee any gift prohibited by SAN JOSE.
C. The offer or giving of any gift prohibited by SAN JOSE or LOS GATOS shall
constitute a material breach of the AGREEMENT. In addition to any other
remedies the Parties may have in law or equity, the Parties may terminate this
AGREEMENT for such breach as provided in SECTION 8 of this AGREEMENT.
SECTION 14. NOTICES.
Any notices or other communications required or permitted to be given under this
AGREEMENT shall be in writing and shall be personally served or mailed, postage
prepaid and return receipt requested, addressed to the respective Parties as follows:
To SAN JOSE:
San José Animal Care and Services
2750 Monterey Rd
San José, CA 95111
To LOS GATOS: Chief of Police
Los Gatos/Monte Sereno Police Dept
Town of Los Gatos
110 E Main Street
Los Gatos, CA 95032
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3)
days after deposit in the mail.
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T-46235\ 2054040
7
SECTION 15. VENUE.
In the event that suit shall be brought by any Party to this AGREEMENT against another
Party, the Parties agree that the venue shall be exclusively vested in the state courts of
the State of California, County of Santa Clara, or if federal jurisdiction is appropriate,
exclusively in the United States District Court, Northern District of California, San José,
California.
SECTION 16. PRIOR AGREEMENTS AND AMENDMENTS.
This AGREEMENT, including all Exhibits attached hereto, represents the entire
understanding of the Parties as to those matters contained herein. In the event that the
terms specified in any of the Exhibits attached hereto conflict with any of the terms
specified in the body of this AGREEMENT, the terms specified in the body of this
AGREEMENT shall control. No prior oral or written understanding shall be of any force
or effect with respect to those matters covered hereunder. This AGREEMENT may be
modified only by a written amendment duly executed by the Parties to this
AGREEMENT.
SECTION 17. INTERPRETATIONS.
In construing or interpreting this AGREEMENT, the word “including” shall not be limiting.
The Parties agree that this AGREEMENT shall be fairly interpreted in accordance with
its terms without any strict construction in favor of or against either Party.
SECTION 18. INVALID PROVISIONS.
If any provision of this AGREEMENT shall be held illegal, invalid, or unenforceable, in
full or in part, such provision shall be modified to the minimum extent necessary to
make it legal, valid, and enforceable, and the other provisions of this AGREEMENT
shall not be affected thereby.
SECTION 19. FURTHER DOCUMENTS.
The Parties agree, upon request, to sign and deliver such other documents as may be
reasonably required to carry out the intent and provision of this AGREEMENT.
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T-46235\ 2054040
8
SECTION 20. COUNTERPART EXECUTION.
This AGREEMENT may be executed in any number of counterparts and by each Party
in separate counterparts, each of which when so executed and delivered shall be
deemed to be an original and all of which taken together shall constitute one and the
same instrument.
SECTION 21. USE OF ELECTRONIC SIGNATURES.
Unless otherwise prohibited by law or SAN JOSE policy, the Parties agree that an
electronic copy of a signed contract, or an electronically signed contract, has the same
force and legal effect as a contract executed with an original ink signature. The term
“electronic copy of a signed contract” refers to a writing as set forth in Evidence Code
Section 1550. The term “electronically signed contract” means a contract that is
executed by applying an electronic signature using technology approved by SAN JOSE.
WITNESS THE EXECUTION HEREOF on the day and year first hereinabove written.
APPROVED AS TO FORM:
{{__signer1}}
_______________________________
xxxx
TOWN OF LOS GATOS, a municipal
corporation
{{__signer2}}
By ______________________________
xxxx
APPROVED AS TO FORM:
{{__signer3}}
_________________________________
ARLENE SILVA
Senior Deputy City Attorney
CITY OF SAN JOSE, a municipal
corporation
{{__signer4}}
By ______________________________
SARAH ZARATE
Director, Office of the City Manager
T-46235\ 2054040 A-1
EXHIBIT A
SCOPE OF SERVICES
For the consideration set forth herein, SAN JOSE shall provide to LOS GATOS the
Field Services, Shelter Services, and Dead Animal Services as described in this
AGREEMENT. These three categories of service are sometimes collectively referred to
herein as the “Animal Services,” and each category of services is sometimes hereinafter
referred to as a “Program Unit.” Calls for animal-related services which are not
provided by SAN JOSE shall be referred by SAN JOSE to the appropriate code
enforcement agency of LOS GATOS, either in writing or by electronic mail. The Animal
Services shall be provided by SAN JOSE in accordance with all applicable federal, state
and local laws and ordinances.
SECTION 1. DEFINITIONS
A. “Aggressive Bite” means a bite which punctures the skin or tissue of a human or
another animal.
B. “Critically Sick or Injured Animals” means those animals that have life-threatening
conditions.
C. “Dangerous Animal” means any animal which, because of its size, disposition or
other characteristics, would constitute a danger to humans or other domestic
animals, and includes any dog classified as a Level 3, 4, or 5 dangerous or
potentially dangerous dog as defined in the LOS GATOS Municipal Code Chapter
210, or, any dog that is the perpetrator of an unprovoked bite or attack on humans or
other domestic animals as documented in an Incident Report by San José Animal
Care and Services or the LOS GATOS Police Department.
D. “Emergency Calls” means complaints of animal bites or attacks on humans or
domestic animals that are in progress, or, where a bite or attack has occurred,
where the animal remains an immediate threat to humans.
E. “Holidays” are New Year’s Eve, New Year’s Day, Easter Sunday, Memorial Day,
July 4, Labor Day, Thanksgiving, Christmas Day, and the day before and the day
after Christmas Day.
T-46235\ 2054040 A-2
F. “Livestock” means large domesticated agricultural animals, such as a cow, bull,
steer, horse, sheep, goat, pig or other large agricultural animals.
G. “Physical Injury” means an injury suffered as the result of an attack by a dog,
including, but not limited to falls, sprains, broken bones, blunt trauma, contusions,
hematomas, or other injuries.
H. “Serious Injury” means any physical injury to a human being that results in muscle
tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic
surgery.
SECTION 2. FIELD SERVICES
A. Field Services
SAN JOSE shall provide vehicles, communications equipment, office supplies, field
and administrative personnel, and any other personnel, supplies and equipment,
reasonably required to perform the following services (the “Field Services”) upon a
request or complaint from LOS GATOS or from a person within the boundaries of
LOS GATOS:
1. Pick up of stray dogs, and other small domestic animals, including rabbits,
chickens, turkey, geese, and ducks, and excluding wildlife as defined in Section
89.5 of the California Fish and Game Code, such as opossums, raccoons,
skunks, or squirrels, that have been confined by LOS GATOS or by a person
within the boundaries of LOS GATOS;
2. Pick up of dead animals, including wildlife, in accordance with SECTION 4;
3. Pick up of injured stray dogs or cats and other small domestic animals, without
regard to weight, excluding birds, and injured wildlife that weigh fifty pounds (50
lbs.) or less, that are located on public property or readily accessible on private
property with the consent of the property owner or the property owner’s
authorized agent;
4. Response to Emergency Calls;
5. Investigate complaints of animal bites or attacks on humans or other domestic
animals, including the preparation of a report, interviewing the parties involved,
quarantining animals which have bitten humans, preparing and transporting
T-46235\ 2054040 A-3
biting animals for rabies testing, and investigating alleged violations of a
quarantine order. An incident report is to be provided to the designated
appropriate LOS GATOS Code Enforcement official within five (5) business days
of the incident, including licensing information for the subject animal(s).
a) SAN JOSE will meet and conduct a personal interview(s) with the owner in
order to complete the investigation and quarantine the animal as necessary.
6. Investigate and refer complaints of Dangerous or Potentially Dangerous Dogs to
the appropriate Code Enforcement official in LOS GATOS for resolution.
Investigations shall include preparation of a report and may include interviewing
the parties involved, and collecting available historical data;
7. Investigate and refer complaints of Dangerous Animals to the appropriate Code
Enforcement official in LOS GATOS for resolution. Investigations shall include
taking a report and may include interviewing the parties involved, and collecting
available historical data;
8. Respond to complaints of dogs running at large, attempt to capture them, and
provide follow-up patrol if appropriate and subject to the availability of SAN JOSE
staff;
9. Respond to complaints in progress of domestic animals causing a nuisance,
except domestic animals making noise, and provide follow-up patrol if
appropriate and subject to the availability of SAN JOSE staff;
10. Respond to police assist calls on animal-related issues which may include taking
control of an animal on the scene; and
11. Investigate and refer to the appropriate Code Enforcement official in LOS
GATOS for resolution of complaints regarding the lack of proper care, condition,
or attention of domestic animals by their owners.
B. Response Time Performance Standards
1. SAN JOSE shall make all good faith efforts to respond to complaints and
requests received by SAN JOSE at a performance standard level that is no less
than the following:
T-46235\ 2054040 A-4
a) PRIORITY 1 – Response to Emergency, Police Assist, Dangerous Animal,
and Critically Sick or Injured Animal calls for assistance.
1.) Response shall be twenty-four (24) hours per day, seven (7) days per
week. Eighty-five percent (85%) of responses on all PRIORITY 1 calls
shall occur within one (1) hour or less from the time the call for service is
received by SAN JOSE staff to the time SAN JOSE personnel arrive on
the scene.
b) PRIORITY 2 – Pick up animals that were running at large and that are now
confined by LOS GATOS or by a person within the boundaries of LOS
GATOS and calls regarding urgent, but not immediately life-threatening
animal-related requests for assistance.
1.) Eighty percent (80%) of responses on all PRIORITY 2 calls received
between 7:00 a.m. and 5:00 p.m. shall be within six (6) hours or less from
the time the call for service is received by SAN JOSE staff to the time SAN
JOSE personnel arrive on the scene.
2.) Response to calls received between the hours of 5:00 p.m. and 7:00 a.m.
shall be responded to no later than 7:00 p.m. the following day.
c) PRIORITY 3 – Response to calls relating to non-emergency attacks, non-
critically injured or sick animals, quarantine calls, animals running at large,
animals causing a nuisance and pick up of dead animals.
1.) Seventy-five percent (75%) of responses on all PRIORITY 3 calls received
between 7:00 a.m. and 5:00 p.m. shall be within twelve (12) hours or less
from the time the call for service is received by SAN JOSE staff to the time
SAN JOSE personnel arrive on the scene.
2.) Response to calls received between the hours of 5:00 p.m. and 7:00 a.m.
shall be responded to no later than 11:00 p.m. the following day.
3.) Response to these complaints will only be after PRIORITY 1 and 2
complaints are met for LOS GATOS. Responding to these complaints may
include taking a report, contacting parties and witnesses by telephone, or
dispatching personnel to the scene.
T-46235\ 2054040 A-5
C. Response After Business Hours
Between the hours of 5:00 p.m. and 7:00 a.m., SAN JOSE shall be required to
respond to PRIORITY 1 calls only. The hours between 5:00 p.m. and 7:00 a.m.
shall not be included in calculating the response time length for PRIORITY 2 and 3
calls when including these hours would result in a failure by SAN JOSE to meet the
performance standards set forth above.
D. Operating Schedules
1. SAN JOSE shall be required to respond to all complaints and requests in
accordance with SECTION 2.B. and SECTION 2.C., except SAN JOSE shall
respond only to PRIORITY 1 calls on Sundays.
2. Except with respect to PRIORITY 1 calls, SAN JOSE shall have no obligation to
respond on Holidays or outside of the regularly scheduled shift hours of SAN
JOSE. SAN JOSE shall respond to PRIORITY 1 calls twenty-four (24) hours per
day, every day, including all Holidays.
E. Excluded Services
While SAN JOSE may already perform some of the following services under other
authority, the following services are not included in the services to be provided by
SAN JOSE under this AGREEMENT:
1. Removal and disposal of dead marine animals;
2. Pick up and transportation of uninjured or healthy, living wildlife;
3. Pick up of alive or dead animals for surrender at an owner’s request. SAN JOSE
may provide these services and charge a fee therefore as a part of its operations
separate and apart from this AGREEMENT;
4. Issuance of citations for violations in accordance with LOS GATOS ordinances;
5. Investigation and resolution of activities that may be criminal in nature, such as
neglect, cruelty, and animal fighting, including the preparation of documents for
criminal prosecution by the District Attorney’s office and testifying in court;
6. Permitting or inspection of events with animals; and
7. Investigation of complaints that only relate to domestic animals making noise.
T-46235\ 2054040 A-6
SECTION 3. SHELTER SERVICES
A. Shelter Services
SAN JOSE shall provide or under contract provide shelter facilities, supplies, animal
attendants, supervisors and administrative personnel, and any other personnel,
supplies and equipment, reasonably required to perform the following services
(“Shelter Services”):
1. Shelter of abandoned, impounded, lost, or stray domestic animals brought to the
shelter by LOS GATOS, its residents, or SAN JOSE personnel;
2. Quarantine of biting animals;
3. Rabies testing of suspect animals;
4. Provision for reclaim of abandoned, lost or stray domestic animals during
established business hours; and
5. Euthanization and disposal of abandoned, lost, impounded, or stray domestic
animals that are unclaimed by their owners and fail to meet the written health and
temperament standards of San José Animal Care and Services.
B. Medical Services
As part of the Shelter Services, SAN JOSE shall provide or under contract provide
office facilities, supplies, and professional and trained personnel, employed or under
contract, necessary to perform the following services (“Medical Services”):
1. Provision of veterinarian services twenty-four (24) hours per day to treat and
provide veterinarian care to stray, injured, or sick dogs, cats, and other
impounded animals;
2. Monitor quarantined animals;
3. For a fee conduct vaccination clinics and have available, free of charge to the
public, rabies control information; and
4. For a fee at the same rate established for San José residents, provide access to
the SAN JOSE low cost spay and neuter clinic, if such a clinic is made available
to San José residents.
T-46235\ 2054040 A-7
C. Operating Schedules
SAN JOSE shall provide or under contract shall provide Shelter Services for the
animals twenty-four (24) hours a day, seven (7) days a week. SAN JOSE shall
provide or under contract provide emergency veterinary services in accordance with
Section 597 of the California Penal Code.
SECTION 4. DEAD ANIMAL SERVICES
SAN JOSE shall provide or under contract provide vehicles, storage facilities, disposal
mechanisms, field and administrative personnel, and any other personnel, supplies and
equipment reasonably required to perform the following services (“Dead Animal
Services”):
1. Pick up of dead animals, including wildlife and except livestock, from streets and
public property within LOS GATOS, or from private property within LOS GATOS
with the consent of the property owner, or the property owner’s authorized agent
in accordance with SECTION 2.B.1.(c);
2. Identification of and notification to the owner of the dead animal, whenever
possible; and
3. Disposal of the body of the dead animal.
SECTION 5. RECORDS REGARDING ANIMAL SERVICES
A. Monthly Report
SAN JOSE shall deliver to LOS GATOS during the term of this AGREEMENT, and
within thirty (30) days of the end of each month, a monthly Animal Control and
Impound Report summarizing monthly and year-to-date services provided by SAN
JOSE for LOS GATOS. This report shall include, but not be limited to, the following
information:
1. The total number of calls for service provided by SAN JOSE under this
AGREEMENT, separated by type of service call established by SAN JOSE, so
long as the numbers for the different types of PRIORITY service calls are each
shown separately and as a subgroup;
2. Field Services Calls
T-46235\ 2054040 A-8
a) Complaints relating to animal bites or attacks, including property address.
b) Complaints relating to Dangerous or Potentially Dangerous Dogs, including
property address.
B. Additional Reporting
SAN JOSE shall deliver to LOS GATOS during the term of this AGREEMENT, and
within thirty (30) days of the end of each quarter, a report summarizing monthly and
quarterly response times provided by SAN JOSE for LOS GATOS. This report shall
include, but not be limited to, the following information:
1. Monthly Response Times:
a) The average response time, the shortest and longest response times for calls
in each of the following PRIORITIES. For PRIORITY 1, 2 and 3 calls, SAN
JOSE shall report average response times, and shortest and longest
response times by each type of call within that priority.
b) Response times for PRIORITY 1 calls shall be in minutes, rounded off to the
nearest minute. Response times for PRIORITY 2 calls shall be in hours and
minutes, rounded off to the nearest minute. Response times for PRIORITY 3
calls shall be in hours, rounded off to the nearest hour.
c) The percentage of calls grouped by PRIORITY 1, 2, and 3, that met the
response time performance standards, along with the total number of
responses in each priority category.
2. Other Reports, as determined by LOS GATOS.
SECTION 6. OTHER RESPONSIBILITIES
A. Delivery of Animals to SAN JOSE
Animals to be impounded by SAN JOSE that are taken into custody by LOS GATOS
shall be promptly delivered to SAN JOSE’s shelter or held in a humane way at a
designated holding area until such animals can be picked up by SAN JOSE;
provided however, that any such animal may be reclaimed as appropriate from LOS
GATOS by its owner.
T-46235\ 2054040 A-9
B. Responsibility for Administrative Hearings
SAN JOSE shall not be responsible for nor bear the costs of scheduling and
conducting any required hearings regarding Dangerous or Potentially Dangerous
Dogs. If needed or appropriate, SAN JOSE personnel shall appear at any such
hearing at no additional cost to LOS GATOS.
C. Licensing
SAN JOSE shall maintain a license database and administer license processing,
issuance, and renewals on behalf of LOS GATOS. Licensing information shall be
included on all Incident Reports and, additionally, provided to LOS GATOS on an as
requested basis. SAN JOSE shall collect all associated license fees on behalf of
LOS GATOS, at the fee amounts set by LOS GATOS. Any license fees or late fees
collected from dog and cat owners in LOS GATOS shall be remitted to LOS GATOS
on a monthly basis.
T-46235\ 2054040 B-1
EXHIBIT B
COMPENSATION
A. Payment Amounts
For all Animal Services to be provided by and for the performance of all other
obligations of SAN JOSE to LOS GATOS under this AGREEMENT, LOS GATOS
agrees to pay SAN JOSE after the execution of this AGREEMENT the sum of Two
Hundred Seventy Two Thousand Eight Hundred Fifty Dollars ($289,185) for the
period of July 1, 2024 through June 30, 2025 per the payment schedule below .
Thereafter, the annual Contract Amount shall increase by four percent (4%) each
fiscal year, subject to the appropriation of funds and the execution of a Notice of
Exercise of Option to Extend Term in the form of Exhibit C, as follows:
INITIAL TERM YEARLY COMPENSATION
July 1, 2024 through June 30, 2025 $289,185.00
July 1, 2025 through June 30, 2026 $300,752.40
July 1, 2026 through June 30, 2027 $312,782.50
1ST OPTION TERM YEARLY COMPENSATION
July 1, 2027 through June 30, 2028 $325,293.80
July 1, 2028 through June 30, 2029 $338,305.55
July 1, 2029 through June 30, 2030 $351,837.77
2ND OPTION TERM YEARLY COMPENSATION
July 1, 2030 through June 30, 2031 $365,911.28
July 1, 2031 through June 30, 2032 $380,547.73
July 1, 2032 through June 30, 2033 $395,769.64
B. Payment Schedule
LOS GATOS shall pay SAN JOSE the Contract Amount in twelve (12) monthly
installments each fiscal year. All monthly installment payments by LOS GATOS shall
T-46235\ 2054040 B-2
be due and payable on the first day of the month and shall be delinquent on the
tenth (10th) business day thereafter without demand or notice to LOS GATOS. SAN
JOSE will provide LOS GATOS an invoice in advance at least fourteen (14) calendar
days before the date that the payment is due.
T-46235\ 2054040 C-1
EXHIBIT C
NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT
AGREEMENT TITLE
and DATE:
AGREEMENT FOR ANIMAL SERVICES BETWEEN THE CITY
OF SAN JOSE AND THE TOWN OF LOS GATOS
DATE: _______________
PARTIES
Name and Address:
CITY OF SAN JOSE (“SAN JOSE”)
San José Animal Care and Services
ATTN: ______________
2750 Monterey Rd
San José, CA 95111
TOWN OF LOS GATOS (“LOS GATOS”)
110 E Main Street
Los Gatos, CA 95032
DATE OF OPTION:
(date the notice is sent must be consistent with the time for exercise set forth in
Agreement)
Pursuant to Section 2 of the Agreement referenced above, the Parties hereby exercise
the option to extend the term under the following provisions:
OPTION NO. ___ of 2
NEW OPTION TERM
Begin date:
End date:
MAXIMUM COMPENSATION for New Option Term:
TOTAL MAXIMUM COMPENSATION:
For the option term exercised by this Notice, LOS GATOS shall pay SAN JOSE an
amount not to exceed the amount set forth above for SAN JOSE’s services and
reimbursable expenses, if any. The undersigned signing on behalf of LOS GATOS
hereby certifies that an unexpended appropriation is available for the term exercised by
this Notice, and that funds are available as of the date of this signature.
T-46235\ 2054040 C-2
CITY OF SAN JOSE,
a municipal corporation
By_______________________________
Name:
Title:
CITY OF LOS GATOS,
a municipal corporation
By_______________________________
Name:
Title:
This Page Intentionally Left Blank
REVISED SECOND RESTATED AND AMENDED JOINT EXERCISE OF POWERS AGREEMENT FOR THE SILICON VALLEY ANIMAL CONTROL AUTHORITY
THIS AGREEMENT is made and entered into as of the Effective Date (set forth in Section 2.3)
by and among the Member Agencies (defined in Section 1.12 below) signatory hereto, each of which is a
public entity duly organized and existing under the Constitution and other laws of the State of California.
WHEREAS, Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California
( commencing at Section 6500) authorizes the Member Agencies to enter into an agreement for the joint
exercise of any power common to them and, by that agreement, create an entity that is separate from each
of the Member Agencies; and
WHEREAS, each of the Member Agencies possess the power to provide for the Animal Control Services (defined in Section 1.3), including animal field services, animal shelter services, and dead
animal services within their respective Jurisdictional Area (defined in Section 1.4 herein below); and
WHEREAS, the Member Agencies possess the authority to issue bonds, expend bond proceeds,
and borrow and loan money for certain public purposes pursuant to the Government Code of the State of California; and
WHEREAS, this Agreement is an appropriate means through which the Member Agencies may provide the Animal Control Services because the Jurisdictional Areas of the Member Agencies are in
close proximity to one another and are susceptible of being served by the Animal Control Services and
related Joint Facilities ( defined in Section 1.10) under common administration and management and with the same equipment, resources and personnel; and
WHEREAS, the Member Agencies desire to share their animal control expertise and to optimize
their expenditures in connection with the provision of the Animal Control Services and related Joint Facilities; and
WHEREAS, the separate provision, management and administration of the Animal Control Services and related Joint Facilities in each Jurisdictional Area by each of the respective Member
Agencies and using separate facilities, resources and personnel may result in duplication of effort, inefficiencies in administration and excessive costs, all of which, in the judgment of the Member
Agencies, can be eliminated or substantially reduced, all to the substantial advantage and benefit of the
citizens and taxpayers of all of the Member Agencies, if the provision of the Animal Control Services and the administration and management of the related Joint Facilities employing common equipment,
resources and personnel, were to be performed by and through a single public entity and the creation of
such a single public entity is the purpose of this Agreement;
NOW, THEREFORE, for and in consideration of the facts stated above, the mutual advantages
to be derived, and the mutual covenants contained herein, it is agreed by and among the Member Agencies hereto as follows:
ARTICLE I
Revised Second Restated and Amended Joint Exercise of Powers Agreement Approved by the SV ACA Board of Directors on March 22, 2012 Page I of22
ATTACHMENT 3
Section 1.11. Legislative Bodies. "Legislative Bodies" means the city or town councils of the
Member Agencies of the Authority. "Legislative Body" means any such individual city or town council.
Section 1.12. Member Agencies or Member Agency. "Member Agencies" means all of the public agencies signatory to this Agreement, which, as of the initial Effective Date of this
Agreement, are the City of Campbell, the City of Monte Sereno, the City of Santa Clara, and the
City of Mountain View. "Member Agency" means any such individual public entity. "Originating Member Agency" refers to City of Campbell, the City of Monte Sereno, and the City
of Santa Clara.
Section 1.13. Quorum. Except as may otherwise be required hereunder or by law, "quorum"
means the presence of the Santa Clara Director and two Directors of the other Member Agencies.
Section 1.14. Rules of the Board. "Rules of the Board" means the bylaws, rules, regulations and
other operational and organizational directives of the Board of Directors for the conduct of its meetings and other affairs as further described in Section 2.9.
Section 1.15. Secretary. "Secretary" means the Secretary of the Board of Directors as further described in Section 3.2.
Section 1.16. Treasurer. "Treasurer" means the financial director and finance manager of the
Authority having the responsibility and accountability for the Authority's funds as further described in Section 3.3.
ARTICLE II GENERAL PROVISIONS
Section 2.1. Purpose. Subject to the terms herein, particularly Section 6.3, the purpose of this Agreement is to create the Authority to provide for the joint exercise of powers by the Member Agencies
to own, manage, operate and/or maintain the Joint Facilities and to implement the financing, acquisition
and construction of additions and improvements thereto and any additional facilities and property later acquired, owned or managed by the Authority and included in the Joint Facilities and thereafter to
manage, operate and maintain the Joint Facilities, as so added to and improved, all to the end that the residents of the Area are provided with a more efficient and economical provision of the Animal Control
Services and related services consistent with the purposes of this Agreement, and, if necessary, to issue and repay revenue bonds of the Authority pursuant to the Bond Law. Each of the Member Agencies is
authorized to exercise all powers (except the power to issue and repay revenue bonds of the Authority) pursuant to its organic law and the Authority is authorized to issue and provide for the repayment of
revenue bonds pursuant to the provisions of the Bond Law.
Section 2.2. Creation of Authority. Pursuant to the Act, there is hereby created a public entity to be
•known as the "Silicon Valley Animal Control Authority," to be called the "Authority" pursuant to Section1.5. The Authority, which shall administer this Agreement, is a public entity separate and apart from the
Member Agencies and each of them.
Revised Second Restated and Amended Joint Exercise of Powers Agreement Approved by the SVACA Board of Directors on March 22, 2012 Page 3 of22
EXECUTION OF AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereupon duly authorized and their official seals to be hereto affixed on the dates
as shown herein.
APPROVED AS TO FORM:
By:
Its:
Date:
ATTEST:
By: Its:
Date:
APPROVED AS TO FORM:
By:
fts: Date:
APPROVED AS TO FORM:
ATTEST
'/Jd✓�
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Date: 0�'-'"l /, _
MEMBER AGENCIES
CITY OF CAMPBELL, a municipal corporation
By:
Its:
Date:
1\-jlONTE SERENO, a municipal corporation
By: -........::�"-4�::..+-���:::.__ ___ _ Its: Date: --\ 2-
CITY OF SANTA CLARA, a municipal corporation
Revised Second Restated and Amended Joint Exercise of Powers Agreement Approved by the SVACA Board of Directors on March 22, 2012 Page 17 of22
EXECUTION OF AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attestedby their proper officers thereupon duly authorized and their official seals to be hereto affixed on the datesas shown herein.APPROVED AS TO FORM:By:Its:City Attorney Date:APPROVED AS TO FORM:By:Its:Date:ATTEST:By:Its:Date:APPROVED AS TO FORM:By:Its:Date:ATTEST:By:Its:Date:MEMBER AGENCIES
CITY OF CAMPBE�L, �tm2,a.1 corporation /.�!if��-£�-, Its: Mi cbaeJ, E Kotowski Mayor Date:/; -J ·)o/ ACITY OF MONTE SERENO, a municipal corporationBy:Its:Date:CITY OF SANTA CLARA, a municipal corporationBy:Its:Date:Revi$ed Second Restated and Amended Joint Exercise of Powers Agreement A[lproved by the SV ACA Board of Director� on March 22, 2012 Page 17 of22
:;PROVED: TO FOM
Its: t{ .7. Date:
CITY OF MOUNTAIN VIEW, a municipal corporation
By: (,D�l,�1/ i� �' Its: c.ry_ tY\ a.-..A...a,-e-<=Date: � -I 1-I 7..--
FINANCIAL APPROV.�l:
FINA V SERVl1-1
Revised Second Restated and Amended Joint Exercise of Powers Agreement Approved by the SV ACA Board of Directors on March 22, 2012 Page 18 of 22
EXIDBIT II A II
ANIMAL CONTROL SERVICES
The term "Animal Control Services" in the Agreement to which this Exhibit "A" is attached means all of the following services:
A.Field Services
Field services means all of the following services, including any vehicles, communications
equipment, office supplies, field and administrative personnel, and any other personnel, supplies and
equipment, reasonably required to perform the following services (the "Field Services"):
•Pick up of confined stray dogs, cats, and other small animals, including, rabbits, chickens,
turkey, geese, and ducks, and excluding confined wildlife as defined in Section 711.2 of theCalifornia Fish and Game Code, such as opossums, raccoons, skunks, or squirrels
•Pick up confined stray livestock, including horses, pigs, goats, sheep, and donkeys
•Pick up of deceased animals, including wildlife, as described in more detail below under the
description of Deceased Animal Services
•Pick up of injured stray dogs or cats and other small animals, without regard to weight, andinjured wildlife weighing fifty pounds ( 50 lbs.) or less, that are located on public property or
readily accessible on private property with the permission of the property owner or occupantor the property owner's or occupant's authorized agent
•Respond to emergency calls such as animals requiring rescue or animals attacking people
•Investigating complaints of animal bites or attacks on humans, including the completion of a
report interviewing the parties involved, quarantining animals which have bitten humans,
preparing and transporting biting animals for rabies testing, and investigating alleged
violations of a quarantine
•Response to calls for removal of venomous snakes in a private residence and on privateproperty
•Investigating complaints of vicious dogs and provide administrative hearings
•Investigating complaints of dangerous animals and provide administrative hearings
•Responding to complaints of animals running at large
" Responding to complaints of domestic animals causing a nuisance, except domestic animals
making noise, and provide follow-up patrol
Revised Second Restated and Amended Joint Exercise of Powers Agreement Approved by the SV ACA Board of Directors on March 22, 2012 Page 19 of22
" Respond to police assist calls on animal-related issues, which service may include taking control of an animal on the scene
•Investigate complaints regarding the lack of proper care, condition, or attention of domesticanimals by their owners
•Investigate complaints regarding cruelty to animals
•Investigate complaints regarding exceeding the limit of the maximum number of animals
•Investigate complaints regarding unsanitary conditions
•Provide Community Outreach Humane Education programs to local schools as well aspresenting programs to civic groups and organizations, Neighborhood Watch,
homeowners groups and more
e Provide animal safety training for service workers (i.e. postal employees, meter readers)
•Issue administrative and criminal citations as necessary
•Participate in Santa Clara County Disaster Preparedness Team
B.Shelter Services
Shelter Services means all of the following services, including shelter facilities, supplies, animal carespecialists, supervisors and administrative personnel, and any other personnel, supplies andequipment reasonably required to perform the following services (the "Shelter Services"):
•Shelter of abandoned, impounded, lost or stray domestic animals brought to the shelter by aMember Agency, a resident residing in a Jurisdictional Area, or shelter personnel
•Quarantine of biting animals
•Rabies testing of suspect animals
•Provision for surrender and reclaim of abandoned, lost or stray domestic animals duringestablished business hours
•Provide adoption program to include offsite adoption events
•Provide after hours receiving kennels for stray healthy animals
•Save all healthy or treatable animals by return to owner, placement with a placement partner,or adoption
•Hold periodic adoption events at the animal care center
Revised Second Restated and Amended Joint Exercise of Powers Agreement Approved by the SY ACA Board of Directors on March 22, 2012 Page 20 of22
•Euthanasia and disposal of unhealthy domestic animals that fail to meet the written health
and temperament standards of the shelter
C.Medical Services
D. E. Medical Services means all of the following services, including office facilities, supplies, and
professional and trained personnel necessary to perform the following services (the "MedicalServices") by staff or through contracts:
4i Provision of veterinarian services by staff or through contracts twenty-four (24) hours per day
to treat and provide veterinarian care to stray dogs, cats, and other impounded animals that may be sick or injured
•Monitor quarantined biter animals
•Conduct vaccination clinics and have available, free of charge to the public, rabies control
information.
•Operate public low cost spay/neuter clinic
Deceased Animal Services
Deceased Animal Services means all of the following services, including any vehicles, storage facilities, disposal mechanisms, field, and administrative personnel, and any other personnel,
supplies, contracts and equipment required to perform the following services (the "Deceased Animal Services"):
•Pick up of deceased animals, including wildlife and except livestock, from streets and public
property within Jurisdictional Areas, or from ·private property within Jurisdictional Areas
with the permission of the property owner, occupant or a representative of the property owneror occupant
•Identification of and notification to the owner of the deceased animal, whenever possible
•Disposal of the body of the deceased animal
Animal Licensing Services
Animal Licensing Services means all of the following services, including any vehicles, office
facilities, supplies, equipment and personnel necessary to perform the following services (the
"Animal Licensing Services"):
•Computerized animal licensing including up to two delinquent notices on licenserenewals
Revised Second Restated and Amended Joint Exercise of Powers Agreement Approved by the SVACA Board of Directors on March 22, 2012 Page21 of22
F.
•Animal Control Officer contact for delinquent licenses when necessary
•Provide licenses at animal care center
•Comprehensive community outreach program, to include issuing licenses at vaccinationand spay/neuter clinics
•Distribute licensing information through local veterinarians and on web site
•Issue assistance animal identification tags to qualified residents as required by state law
Other Services For Which a Fee May Be Charged
•Pick up owned animals
•Provide humane traps to the public to capture sick, injured, or nuisance domestic animals
•Provide volunteer opportunities
•Provide onsite dog training
Revised Second Restated and Amended Joint Exercise of Powers Agreement Approved by the SV ACA Board of Directors on March 22, 2012 Page 22 of22