2003-032- Approving A Second Amendment Of The Joint Powers Agreement To The Silicon Valley Animal Control Authority Modifying Section 6.1 To Require Member Agencies To Obtain Approval To Their Allocatl
RESOLUTION 2003 - 32
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING A SECOND AMENDMENT
OF THE JOINT POWERS AGREEMENT OF THE
SILICON VALLEY ANIMAL CONTROL AUTHORITY
MODIFYING SECTION 6.1, TO REQUIRE MEMBER AGENCIES
TO OBTAIN APPROVAL OF THEIR
ALLOCATED PROPORTIONAL SHARE OF THE BUDGET
PRIOR TO THE AUTHORITY BOARD'S APPROVAL
OF THE FISCAL YEAR BUDGET
WHEREAS, On August 7, 2000, the Town Council ofthe'Town of Los Gatos
entered into a Joint Powers Agreement with the Cities of Sunnyvale, .Santa Clara,
Cupertino, Saratoga, Campbell and Monte Sereno for the purposes of providing animal
control cervices to those communities; and,
WHEREAS, the Town believes that fiscal. analysis of the current and
projected operating costs and shelter operations are reasonable and prudent; and
WHEREAS, the Town believes that continued participation in this JPA is a
valuable and worthwhile partnership; and,
WHEREAS, the SVACA Board of Directors met on March 24, 2003, and
approved the amendment to the .Joint Powers Agreement regarding the modification of
Section 6.1, to require Member Agencies to obtain approval of their allocated
proportional share of the budget prior to the Authority Board's approval of the fiscal
year budget or any budget amendments that result in increases in the member agencies'
allocated proportional shares during the course of the fiscal year, a copy of which is
.attached hereto and incorporated herein;
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town
of Los Gatos, County of Santa Clara, State of California, to approve the second
amendment of the SVACA Board of Directors that requires member agencies to obtain
approval of their allocated proportional share of the budget prior to the Authority
Board's approval of the fiscal year budget or .any other budget .amendments that result
in increases in the Member Agencies' allocated proportional .shares during the course
of the fiscal year, and to authorize the Town Manager to execute said amendment.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 7`'' .day of April, 2003 by the following vote:
COUNCIL 1VIEMBERS:
AYES: Steve Glickman, Diane McNutt, .Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR DF THE TOWN OF LOS GA'I'OS
LOS GATOS, CALIFORNIA
ATTEST.:
CLERK OF'T~IE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
~~~~R: a~.c~~n
.SECOND AMENDMENT TO JOINT EXERCISE OF
POWERS AGREEMENT CREATING THE SILICON
VALLEY ANIMAL CONTROL AUTHORITY
This Amendment is made and entered into upon approval by all of the Member
Agencies of the Silicon Valley Animal Control Authority ("Authority") as defined in
Section 1..14 of the Joint Exercise of Powers Agreement executed by the Member Agencies
in June and July of 2000 (hereafter "Agreement").
WHEREAS, the Member Agencies desire to add language to Section 6,1 of the
Agreement to require Member Agencies to obtain approval of their allocated proportional
share of the budget prior to the Authority Board's :approval of the fiscal year budget or any
budget amendments that result in increases in the Member Agencies' allocated
proportional shares during the course of the fiscal year; and
WHEREAS, to accomplish this end, the Member Agencies have approved the
amendment to the Joint Exercise of Powers Agreement Creating the Silicon Valley Animal
Control Authority, as more particularly specified below.
NOW, THEREFORE,'THE MEMBER AGENCIES AGREE AS FOLLOWS:
1. 'Section 6.1 of the Agreement shall be amended to insert the following
language as a second paragraph in that Section:
Each Member Agency shall approve the .contribution of its allocated
proportional share of the total estimated annual costs and expenses in the
budget, asset forth in Section 6.3, prior to final adoption of the budget by
the Board of Directors on or before June 30 of each year. If, during the
course of any given fiscal year, there are proposed amendments to the
budget that would require .increased amounts to be paid by each Member
Agency over and above the allocated proportional share attributed to the
budget then in effect, the Board of Directors .shall not take final action to
approve any such budget :amendment. until each Member Agency .has
approved payment of its proportional share.
2. Except as expressly revised by this Amendment, all terms, conditions and
requirements as set forth in the Agreement shall remain in full force :and effect.
101.3518.1
ATTACHMENT 2
EXECUTION OF AMENDMENT TO AGREEMENT
IN WITNESS WHEREOF,. the parties hereto have caused this Amendment to
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.
MEMBER AGENCIES
APPROVED AS TO FORM:
By:.
Its:
Date:
ATTEST:
By:
Its:
Date:
CITY OF CAMPBELL,. a municipal corporation
By:
Its;.
Date:
APPROVED AS TO FORM:
By:
Its:
Date;
ATTEST:.
By:
Its:
Date:
CITY OF CLTPERTINO, a municipal corporation
By:
Its;.
Date:
2
10135 t8. l
APPROVED AS TO FORM:
By:
Its.:
Date:
ATTEST:
By:
Its:
Date:
APPROVED AS TO FORM:
By:
Its:
Date:
ATTEST:
By:
Its:
Date:
APPROVED AS TO FORM:
By:
Its:
Date:
ATTEST:
By:
Its:
Date:
CITY OF MONTE SERENO, a municipal
corporation
By:
Its;
Date:
CITY OF SANTA CLARA, a municipal
corporation
B y:
Its;
Date.:
CITY OF SUNNYVALE, a municipal corporation
By:
Its;
Date:
3
1013518.1
APPROVED AS TO FORM:
By:
Its:
Date:
ATTEST:
By:
Its:
Date:
APPROVED AS TO FORM:.
By:
Its:
Date:
ATTEST:
By:
Its:
Dater
~~
CITY OF' LOS GATOS, a municipal corporations
By:
Its;
Date:
CITY OF SARATOGA, a municipal corporation
By:
Its;
Date:
4
1OI3518.1
l~Lyr2: ~o. ~;~`I
JOINT EXERCISE OF POWERS AGREEMENT CREATING
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 L14 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.
RECITALS:
The following Recitals :are a substantive portion of this Agreement:
1. 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
2. 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 ervices within their respective Jurisdictional Area (defined in Section 1.4
hereinbelow); and
3. WHEREAS, the Member Agencies possess the authority to issue bonds, expend bond
proceeds,. andborrow and loan money for certain public purposes pursuant to the Government Code
of the State of California; and
4. WHEREAS, this Agreement is an appropriate means through which the Member Agencies
mayprovide 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 1.12) under common administration and
management and with the carne equipment, resources and personnel; and
5. 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;
6. 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 substantiallyreduced, 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 ofthe related Joint Facilities employing:common
equipment, resources and personnel, were to be performed by andthrough asingle public entity and
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ATTACHMENT 3
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
DEFINITIONS
Section 1. Unless the context otherwise requires, the words and terms defined in this Article shall
have the meanings specified..
Section 1.1. Act. "Act" means Artie e 1, Article 2, Article 3, and Article 4 (commencing
with Section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code,
as it maybe amended from tune to time.
Section 1.2. Agreement. "Agreement" means this joint exercise of powers agreement as it
now exists or as it may from. tune to time be amended,. supplemented or as it may be
modified by the addition. of signatory parties or by any other supplemental agreement or
amendment entered into pursuant to the provisions of this Agreement.
Section 1.3. Animal Control ..Services. "Animal'. Control Services" means those services
enumerated on "Exhibit A," entitled "Animal. Control Services," abtached hereto and
incorporated herein by this reference.
Section 1.4, Area. "Area" and! "Jurisdictional Area" mean that. area within the respective
jurisdictions of the Member Agencies.
Section 1.5, Authority.. "Authority" means the Silicon. Valley Animal Control. Authority
created pursuant to this Agreement.
Section 1.6. Board of Directors.. "Board of Directors" means the governing. board of the
Authority referred to in Section. 1.5 and more. particularly described in Section 2.5
hereinbelow. "Director" means. an individual member of the Board of Directors.
Sectionl.7. Bond Law. "Bond Law" means Article 4 of Chapter 5 of Di ision 7 of Title 1
of the California Government Code, as the same may have been or may hereinafter be
amended from time to time, or any other law hereafter legally available for use by the
Authority in the authorization and issuance. of bonds to finance: needed public facilities.
"Bonds" means any bonds. issued pursuant. to Bond Law.
Sectionl.8. B^ ly aws. "Bylaws" means. the bylaws, rules, regulations, and other operational
and organizational directives of the Board of Directors. for the conduct of its meetings-and'
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other affairs as further described in Section 2.9.
Section 1.9. Controller/Treasurer. "Controller/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.
Section 1.10. Fiscal Year, "Fiscal Year" means the period from July lst to and including the
following June 30th,
Seetion.1.11, General Manager. "General Manager" means the employee of the Authority
directly responsible to the Board of Directors and .primarily responsible for the managerial
oversight of the operations of the Authority as further described in Section 3.6.
Section L12. Joint Facilities. "Joint Facilities" means the animal control facilities,
equipment, .resources, .and property to be owned, managed and operated by the Authority
pursuant to Article V and Section 7.1, :and, if and when acquired or .constructed, any
improvements and additions thereto.
Section 1.13. Legislative Bodies. "Legislative Bodies" means the city orGown councils of
the Member Agencies of the .Authority. "Legislative Body" means any such individual city
or town council.
Section 1.14. Member Agencies or Member Agency. "Member Agencies" means all ofthe
public agencies signatory to this Agreement, which, as of the initial Effective Date of this
.Agreement, .are the City of Campbell, the City of Cupertino, the City of 1Vlonte Sereno, the
City of Santa Clara, the City of Saratoga, the City of Sunnyvale,. and the Town of Los Gatos.
"1Vlernber Agency" means any such individual public entity.
Section 1..:1.5. uorum. "Quorum" means a simple majority of the Board of Directors,
except where a greater majority is otherwise specifically required :hereunder or by law.
Section 1.16. :Secretary. "Secretary" means the Secretary of the Board of Directors as
further described in Section 3.2.
ARTICLE II
GENERAL .PROVISIONS
Section 2.1. Pu ose. The purpose of this Agreement is to create the Authority to provide for the
joint exercise of powers by the 1Vlernber Agencies to own, manage, operate and 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 managedby
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
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consistent with the purposes of this Agreement, ands. if necessary,. to issue and. repay revenue bonds
of the Authoritypursuant 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 ca11'ed the "Authority" pursuant to
Section 1.5. The Authority, which shall administer this Agreement, is a public entity separate and
apart from. the Member Agencies and each of them.
Section. 2.3, Effective Date of Agreement. This Agreement shall..become effective when signed and
executed by all 1Vlember Agencies listed in Section 1.14 (the "Effective Date").
Section 2.4'. Terre. This Agreement shall become effective on the Effective Date set. forth. in Section
2,3 and shall continue in effect until such time as all' Bonds (if any) .and the. interest. thereon issued by
the Authority under the Bond Law or the Act shall have been paid in full or provision for such full
payment shall have been. made, and thereafter until such time. as the Authority and the Member
Agencies shall have paid' all' Burns due and owing pursuant. to this Agreement or pursuant to any
contract executed pursuant to this Agreement, and thereafter until terminated pursuant. to Article
VIII.
Section. 2.5. Governing Board. The Authority shall be administered by a Board of Directors.
consisting of seven (7) Directors, as follows: two (2) Directors appointed by the Legislative Bodyof
the City of Santa. Clara, two (2) Directors appointed by the Legislative Body of the Cityof Sunnyvale
and three (3) Directors collectively appointed by the Legislative Bodies of the cities of Campbells.
Cupertino, Monte. Sereno and Saratoga and the Town of Los Gatos (collectively,. the "West Valley
Cities").
Section 2.5.1. All voting power of the Authority shall reside with the- Board. of Directors.
Section 2.5.2. The Board ofDirectors shall be called the "Board of Directors ofthe Silicon
Valley Animal Control Authority."
Section 2.5.3.. Each Director shall be a member of the Legislative. Bodyof the Member
Agency,. or one of the Member Agencies in the case of the West Valley Cities, that appointed
that Director.
Section. 2.5.4. Each Legislative Body shall appoint an alternate Director from that Member
Agency, or from one of the Member Agencies in the case of the appointment of the West
Valley Cities, who may act as the Director(s): in the absence of the Director (s) appointed by
that Legislative Body or Legislative Bodies, The alternate Director shall not be required' to
be a m ember o f a Legislative Body that appointed that alternate Director, but shalll be
required to be either a member of the Legislative Body or an employee of the Member
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Agency, or one ofthe Member Agencies in the case of the West Valley Cities, that appointed
that alternate Director.
Section 2.5.5.. All Directors .and their alternates shall serve at the .pleasure of the Member
Agency or Member Agencies that appointed such member.
Section 2.5.6. All vacancies on the Board of Directors shall be filled by the respective
Lc.~islative Body or Legislative Bodies within thirty (30) days of the :effective date of the
vacancy or as soon thereafter as the Legislative Body or Legislative Bodies may legally act.
Any Director shall cease to be a Director when such person ceases to hold office as a council
member of the respective appointing Legislative Body. Any alternate Director shall cease to
be an alternate Director when such person ceases to hold office as a council member or
otherwise ceases to be employed by the respective Member Agency that appointed or
participated in appointing him or her.
.Section 2,5.7. Each Director shall receive reimbursement forthe reasonable and necessary
:expenses incurred in the performance of their duties, as provided in the Bylaws.
.Section 2.5.8. Santa Clara and Sunnyvale shall each have two votes at each meeting of
Board regardless of whether both their representatives are present..
Section 2.6. 1Vleetints of the Board of Directors. All meetings of the Board of Directors shall be
public meetings unless a specified :closed session is held in accordance with the California
Government Code.
Section 2.6.1. Regular Meetings. The Board of Directors shall provide for regular meetings --
at a date, time, and place fixed by resolution of the Board of Directors.
'Section 2.6.2. Special Meetings. Special meetings and emergency meetings of the Board of
Directors maybe :called in accordance with ,State law.
Section 2.6.3. Call, Notice,. and Conduct of Meetings. .All meetings of the Board of
Directors, including without limitation, regular, adjourned regular, and special meetings,
shall be called, noticed, held, and conducted in accordance with the provisions of Section
54950, et seq., of the California Government Code, as maybe amended from tune to time.
,Section 2.7. Required Votes; Ap rp ovals..
Section 2.7.1. Subject to Sections 2.7.2 and 2.7.3 below, the affirmative votes of four of the
Board of Directors shall be required for the Board of Directors to take any action.
Section 2.7.2. Notwithstanding the provisions of Section 2.7.1 above, the affirmative votes
of at least five-sevenths (5/7) of the Board of Directors, shall be required for the Board of
Directors to propose an amendment to this .Agreement; to approve -the addition of new
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1 J
Member Agencies to this Agreement; to approve the issuance of any Bonds or the
restructuring of any Bonds filancng; to approve any budget actions, and to modify the
Member Agencies' contributions to Operating Costs pursuant to Section 6.3,2 below.
Section. 2.8. Votin .Each Director shall have one (1) vote.
Section 2.9. B~ 1y aws. The Board of Directors. shall from time to time adopt Bylaws as are necessary
or convenient in the determination of the Board of Directors. to achieve or facilitate the purposes
hereof..
ARTICLE II!I
ORGANIZATIONAL STRUCTURE.
OFFICERS AND EMPLOYEES
Section 3.1., Chairperson and. Vice-Chairperson. The Board. of Directors shall elect a Chairperson
and Vice-Chairperson. from among its members. The Chairperson.. and Vice-Chairperson shall each
serve a one year term. The positions of Chairperson and Vice Chairperson shall rotate among. each
of the Director positions, In the event of the disqualification or permanent inability of the
Chairperson. to serve as the Chairperson during: their term, the Vice-Chairperson shall assume the
duties of the Chairperson for the remainder of that term and the Board of Directors shall elect. a new
Vice-Chairperson. for the remainder of that term.
Section 3..1.1. The Chairperson. shall be authorized to sign all resolutions. of the Board of
Directors and. all contracts on behalf of the Authority and shall' perform. such other duties as
maybe imposed by the Board of Directors, consistent with the terms and provisions of this
Agreement. and the Bylaws.
Section 3.1.2. The. Vice-Chairperson. shall be authorized to act as the Chairperson,.. exercise
all of the powers of the Chairperson, and perform all of the duties of the Chairperson in the
temporary absence of the Chairperson.
Section. 3.1.3. T he B oard o f D irectors, a s a p art o f i is approval o f a ny c ontract, may
authorize the General Manager to execute the contract on behalf of the Authority.
Section 3.2. Secretary. The General. Manager shall be the. Secretary to the Board of Directors,
perform such. other duties as may be imposed. upon the: Secretary by the Board of Directors, and
cause a copy of this Agreement to be filed with the California Secretary of S ate and the State of
California pursuant to Section 6503.5 of the Act.
Section 3.3, Controller/Treasurer.. The Controller/Treasurer shall be appointed by the General
Manager. Thee Controller/Treasurer shall. be the depository and shall have custody of all of the
accounts, funds and money of the Authority from whatever source.. The Controller/Treasurer shall
have the duties and obligations set forth in Section 6505 and 6505.5 ofthe Act, and_shall assure that
there shall be strict accountability of all funds and. reporting of all. receipts and disbursements of the
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Authority.
Section 3.4. Officers in Charge of Property. Pursuant to Section 6505 of the California Government
Code, the Controller/Treasurer shall have charge of, handle, and have access to all accounts, funds,
and money of the Authority and all .records of the Authority relating. to such .accounts, funds :and
money;. and the Secretary shall have charge. of, handle, and have access to all other records of the
Authority, and the General Manager shall have charge of, handle, and have access to all physical
properties of the Authority.
Section 3.5. Bonding Persons H avin~ A ccess t o P ropertX. F rom t ime t o t ime, t he B oard o f
Directors may designate persons, such as the'Secretary, Controller/Treasurer, or General Manager, as
the Authority officer(s) who .shall have charge of, handle, or .have access to any property of the
Authority. The Board of Directors shall also fix the respective amounts of the official bonds of the
Secretary, Controller/Treasurer, General Manager or such other .designated persons pursuant to
Section 6505.1 ofthe Act, which bonds shall be filed with the Secretary of the Authority. The actual
cost of such bonds shall be a proper charge against the Authority.
Section 3.6. Maria eg_ merit. The regular management of the operations and activities of the Authority
shall be vested in the General Manager. The General Manager shall be appointed by the Board of
Directors. Unless otherwise provided by the Bylaws or resolution of the Board of Directors, the
General Manager shall have the following powers;
Section 3.6.1. To provide for the planning, design, and construction of any additions or<<
improvements to the Joint Facilities; leasing or remodeling of any existing facilities, or any,...
new facilities to be operated by the .Authority as authorized by the Board of Directors;.
Section 3.6.2. Except as .otherwise provided in Section .3:6..8, to execute any contracts for
capital costs, .costs ofspecial services, equipment, materials, supplies, maintenance, or repair
that involve an expenditure by the A uthority w ithin the 1 mits a rid i n accordance w ith
procedures to be established by 'the Authority in the manner provided for local agencies
pursuant to Article 7, commencing with .Section .54201 of Chapter S of Part 1 of Division 2
of Title 5 ofthe California Government Code;
Section 3.6.3. To appoint and employ all personnel of the Authority required for
maintenance and operation of the Joint Facilities, and all other employees authorized bythe
Authority's budget and bythe-Board of Directors;
Section 3.6.4. To retain any consultants, :including labor relations consultants or certified
public accountants, as authorized in the Authority's budget and by the Board of Directors;
Section 3.6.5. Subject to approval of the Board of Directors, to appoint and emp oy all
personnel of the Authority or consultants .required to be employed or retained in connection
with the .design of any additions or improvements of the Joint Facilities or construction of
new facilities;
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Section 3'.6,6. To expend funds of the Authori y and enter into contracts, whenever required,
or for the immediate preservation o f t he p ublic p eace, h ealth, o r s afety, s ubject t o the
subsequent ratification of the Board of Directors;
Section 3.6.7. To sell any personal property of the Authority as may be provided in the
Bylaws or otherwise authorized by the Board ofDirectors;
Section. 3.6.8. To approve and. pay demands. for payments by the Authority of Ten Thousand'
Dollars ($10,000.00), or less, which. are authorized in the Authority's budget;.
Section. 3.6.9. To prepare and submit to the Board of Directors in time for revision and
adoption by the Authority prior to January 1 of each year,.. the annual. preliminary budget for
the next succeeding Fiscal Year referred. to in Section. 6.1;
Section 3.6.10. Generally,.. to supervise. the acquisition, construction, management,
maintenance, and. operation of the Joint. Facilities and personnel of the Authority;
Section. 3.6.11. To perform such other duties as directed. by the Board of Directors and
report to the Board of Directors at such. times and on such matters as the Board of Directors
may direct.:
Section 3.7. Legal. Advisor. The legal advisor of and' provider of legal advice and services to the
Authority shall be designated by the Board of Directors.
Section 3.8. Other Services, The Board of Directors shall have the power to appoint and employ
such. other consultants. and independent contractors as may be necessary for the purposes of and
pursuant to this Agreement.
Section 3.9. Non-Liability of A eg ncies. None of the officers, agents,. or employees directly
employed. by the Authority shall' be deemed, solely byreason of their employment by the Authority,
to be employed by any Member Agency or, byreason of their employment by the Authority; to be
subject. to any of the requirements of any Member Agency. All of the privileges .and immunities
from liability, exemption from. laws, ordinances and rules,. all pension,. relief, disability, workers'
compensation,. andotherbenefits which apply to the activities of the officers, agents,.oremployeesof
Member Agencies when performing their respective functions shall applyto them.. to the same degree
and extent while engaged in the performance of any of the functions and other duties under this
Agreement. Except as expressly provided for in this Agreement; nothing contained in this Article III
is intended to nor shall restrict or limit the rights or abilities otherwise available. to the Authority to
enter into agreements. or other arrangements with any Member Agency in accordance with the terms
and conditions of this Agreement and the Bylaws regarding the use of employees. of the Member
Agency in the operations and. activities of the Authority.
Section 3,10. Insurance. The Authority shall obtain and. keep in force policies of insurance with
coverages and limits sufficient. to protect it and its Member Agencies from claims for damages
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arising from the activities of the Authority, its Board of Directors, officers and emp ogees, and from
the activities o f any director, officer or employee of any Member Agency while on Authority
business. It is the intent. of this Section 3.10 that the .policies of insurance described herein include
coverages for automobile liability, comprehensive general liability, public officials errors and
omissions, workers compensation, and excess liability and other perils as the Board of Directors
shall, from time to time, direct; and that the coverage limits ofthese policies be maintained at levels
as the Board ofDrectors shall .direct. Each Member Agency shall be named an "additional insured"
on .each such policy.
Section 3.11. Agreement Not for Benefit of Third Parties. This Agreement shall not be construed as
or deemed to be an .agreement for the benefit of any third party or parties, and no third party or
parties shall have any right of action:hereunder for any cause whatsoever. Any services performed or
expenditures made in connection with this. Agreement by :any Member- Agency shall be deemed
conclusively to be for the direct protection and benefit of the inhabitants and p roperty i n t he
.respective Area of such Member Agency.
ARTICLE IV
POWERS OF THE AUTHORITY
Section 4.1. General Powers. The Authority shall exercise in the manner herein provided the
powers common to each of the Member Agencies, as provided by the Constitution and laws of the
_ State of California, and all incidental, implied, expressed, or necessary powers for the;~_
accomplishment of thepurposes ofthis Agreement, subjectto the restrictions set forth in Section 4.4.
As provided in the Act, the Authority shall be a public entity separate from the Member Agencies.
The Authority shall have the power to finance, acquire, construct, manage, maintain, and operate the-
Joint Facilities. The Authority shall have all of the powers provided in Article 2 and Article 4 of the
Act, unless specifically prohibited or restricted by this Agreement.
Section 4.2. Specific Powers. The Authority is hereby authorized, in its own name, to do all. acts
necessary forthe exercise of the :foregoing powers, including. but not limited to, any of the following:
.Section 4.2.1. To make and enter into contracts;
Section 4.2.2. To employ agents or emp ogees;
.Section 4.2.3. To acquire, construct, manage,. maintain, or operate any buildings, works or
improvements,;
.Section 4.2.4. To acquire, hold, or :dispose of property;
Section 4.25. To sue .and be sued in its own name;
Section 4.2.6. To incur debts, liabilities or obligations, subject to the provisions of this
Agreement, provided that no debt, .liability or obligation shall constitute a debt, liability or
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obligation upon any Member Agency;
Section 4.2.7. To apply for, accept, receive,, and disburse grants; loans,.. and other aids from
any agency for the United States of America or of the State of California;
Section 4.2.8., To invest any money in the treasury pursuant to Section 6505.5 of the Act that
is not required for the immediate necessities ofthe Authority, as the Authority determines is
advisable, in the same manner and upon the same conditions as local' agencies, pursuant. to
Section 53601 of the California Government Code;
Section 4'.2.9. To carryout and enforce all. the provisions of this Agreement.
Section. 4.3. Bonds. The Authority shall have all' of the powers .provided in Article 4 of the Act,
including. the power to issue Bonds under the Bond. Law..
Section 4.4, Restrictions on Exercise of Powers. In accordance with Section 6509 of the Act, the
power of the Authority shall be exercised in the mannerprovded bythe charter and general laws of
the City of Santa Clara. in the exercise of similar powers subject to any restrictions. imposed by state
or federal. law. Notwithstanding the foregoing, the Authority shall have any additional powers that
may be necessary to accomplish the purposes set forth herein to the fullest extent allowed by
applicable laws,. this Agreement and the: Bylaws..
Section 4.5. Obligations ofAuthority. The debts;. liabilities, and obligations of the Authority shal'1
not be the debts,. liabilities, and ob Batons of any Member Agency.
ARTICLE. V
METHODS OF PROCEDURE
Section 5.1. Assumption of Responsibilities by the Authority. As soon as practical after the
Effective Date; each of the respective Member Agencies shall appoint members to the Board of
Directors andalternates, and the CityManagers or designees of each of the Member Agencies steal
give notice (in the. manner required by Section 2.6) of the organizational meeting. of'the Board' of
Directors., At said meeting,, the. Board of Directors shall provide for its regular meetings as required
by Section. 2.6 and elect a Chairperson and. Vice-Chairperson, both of whom. shall serve until the first.
regular meeting of the Board of Directors following the end of bhe first Fiscal Year..
Section 5.2, Delegation of Powers; Transfer of Records,. Accounts, Funds, and Property.
Section.. 5.2.1. Each. Member Agency hereby delegates to the Authority the power to
purchase from a Member Agency and the power and duty to maintain, operate,. and manage
any animal control equipment, resources, and real property acquired. and identified by each of
the respective Member Agencies in contemplation of the formation of the Authority,
including the future site. of the Authority's animal control facility, and to employ the
necessary personnel. to do any and all' other things necessary or desirable to provide efficient,
economical and lawful' Animal Control. Services to the Member Agencies,. The proper
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officers and employees of each of the Member .Agencies shall transfer to the Secretary,
Controller/Treasurer, or General Manager of the Authority, as appropriate, physical
management and storage of, all records, accounts, funds, and property, if any, of each of the
Member Agencies which relate to the provision of the Animal Control Services and which,
in the determination of the Member Agency, are necessary or desirable to be held or stored
by the .Authority to allow the Authority to function ;as contemplated in this Agreement.
Section 5.2.2. The records,. accounts, funds, and property so transferred to the Authority
hereunder shall be further identified .and defined in an :inventory to be developed by the
General Manager within one hundred twenty (120) days of the Effective Date of this
Agreement. The General Manager shall submit this .inventory to the Board of Directors for
review and approval prior to the transfer of anysuch records, accounts, funds, and property.
Each Member Agency agrees to execute, or authorize the execution of all legal documents
necessary to accomplish such said transfer. .
'Section 5.3. Joint .Maintenance and Operation .Fund.
Section 5.3.1.. The Board of Directors shall create a joint maintenanceand operation fund
(herein cabled the "Operating Fund"). Upon the organization of the Board of Directors, the
Authority shall assume responsibility for the .maintenance and operation of the Operating
Fund and shall pay the .administrative and operational expenses of the Authority and all
maintenance and operation costs of the Joint Facilities from said Operating Fund.. Each o~f
the Member Agencies shall pay ,into .said Operating Fund its proportionate share of the
maintenance andoperaton costs of the.Joint Facilities, computed on the bases set forth in
Section 6.3 of this Agreement.
Section 5.3.2. Upon the establishment of the Board of Directors and the creation of the
Operating Fund, the City of Santa Clara shall transfer to the Authority all unexpended and
unencumbered funds that h ave b een p aid t o t he C ity o f S anta C lara b y o they .Member
Agencies, and funds of the City of Santa Clara that have been contributed by the City of
Santa Clara, for the purposes set forth in and pursuant to the anticipated "Cost .Sharing
Agreement Among the City of Campbell, the City of Cupertino., the Town of Los Gatos, the
City of Monte Sereno, the City of Santa Clara, the City of Saratoga .and the City of
Sunnyvale For the Construction and Operation of An Animal Shelter" ("Cost Sharing
Agreement")presently contemplated to be entered into by and among the Member Agencies
if the Member Agencies in fact enter into that Cost Sharing Agreement.
Section 5.4. Capital Acquisition, Improvement and Replacement Fund. The Board of Directors may
create a capital acquisition and replacement fund ("Capital Fund")for the purpose of creating a fund
for the acquisition and construction of the Joint Facilities and any other capital improvements owned
or controlled by the Authority,. and the replacement and .acquisition of capital equipment and
property of the Authority. Each Member Agency .shall annually pay into said Capital Fund its
proportionate share of capital costs, including principal and interestpayments on outstanding Bonds,
if any, as provided in Section 6.3.
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ARTICLE VI
BUDGET/COSTS,. MAINTENANCE' AND
OPERATION COSTS AND OTHER COSTS
Section 6.1. Annual Budget. The Board of Directors shall adopt a preliminary budget for
maintenance and operation costs, capital costs, costs of special services, and debt service payments
or redemption expenses on Bonds (if any),_annually prior to February 1 of each year and. shall adopt a
final budget prior to June 30 of each year.
Section 6.2. Records and Accounts. The Authority shall cause to be kept accurate and correct books
of account, showing in detail the capital costs, costs of special services and maintenance, operation
costs of the Joint Facilities and the provision of the Animal. Control Services, and. all financial
transactions of the Member Agencies relating to the Joint Facilities and the provision of the Animal
Control Services, which books of account shall correctly show any receipts and also any costs,
expenses, or charges paid or to be paid by each of the Member Agencies. Said books and records
shall be open to inspection. at all' times during normal.. business hours by any representative of a
Member Agency, or by any accountant or other person authorized' by a Member Agency to inspect
said books or records. The Controiller/Treasurer shall, in accordance with Sections 65.05 and 6505.6
of the Act,. cause the books of account and. other financial records of the Authority to be audited
annually by an independent public accountant or certified public accountant.
Section 6.3. Allocation of Costs and. Expenses: Generally.
Section 6.3.1. Annual Estimate. .After adoption. of the preliminary budget and prior to
March 1 of each year, the Authority shall promptly furnish to each of the. Member Agencies
an estimate of the total. annual maintenance and. operation costs,. capital costs, costs of special
services,. and debt. service payments or redemption expenses on Bonds (if any).
Section 6.3.2: Operating Costs. The proportion of annual maintenance and operation costs
of the Authority (the "Operating Costs") to be borne by each. Member Agency during the first.
twa (2) Fiscal' Years immediately following. the adoption of this Agreementshall be based on
the variables and the formula. set forth in detail. in Exhibit. B; entitled "Contributions For
Operating Costs ~ First Two Fiscal Years," attached hereto and incorporated hereinby this
reference, For the first two (2) Fiscal Years immediately following. adoption. of this
Agreement, the Member Agencies hereby-agree that each. Member Agency's proportion shall
be as set forth in greater detail in Exhibit B. The proportion of Operating Costs to be borne
by each Member Agency during the succeeding Fiscal Year shall be determined by the
General Manager .each yearprior to IVlareh 1, based on the variables and formula set forth in
Exhibit "B," and the General Manager shall submit these percentages to the Board of
Directors for review, modification and/or approval on or before April 1 of each year. At any
time after the. completion of the first two (2) Fiscal Years immediately following the first
meeting of the Board of Directors, the Board of Directors may modify the manner in which
each Member Agency's. contribution to Operating Costs: is determined or calculated. by an
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affirmative.vote offive-sevenths of the Board of Directors.
Section 6.3.3. Capital Acquisition Costs, Costs ofSpecial Services, Bond Expenses. Costs
of .acquiring new equipment or constructing new facilities, costs of special services and
Bonds interest and redemption expenses (if any) shall be borne by each Member Agency in
the same proportiori as Operating Costs determined, pursuant to Section 6.3.2, for the Fiscal
Year in which the cost is incurred.
Section 6.3.4. Capital Costs. The proportion of capital replacement costs to be borne by
each Member Agency annually shall be the same proportion as Operating Costs borne by that
Member Agency for that Fiscal Year as determined pursuant to Section 6.3.2.
Section 6.3.5. Insurance Costs. The premiums for the insurance policies described in
Section 3.10 shall be apportioned among the Member Agencies in the same manner as each
Member Agency's yearly percentage ofOperating Costs, as determined pursuant to Section
6.3.2. In the event of any claim for damages which is not covered by insurance, or which
exceeds the limits of any app icable policy of insurance, the Member Agencies agree to
allocate among themselves the uninsured costs of defending such claim, and the uncovered
costs of settlement or judgment, if any, in the same proportions that each Member Agency's
annual payment to the Authority for insurance premiums bears to the whole of uch annual
premiums collected by the Authority. As that term is used above, "annual premiums" refers
to the premiums the Authority .collected during the year in which the claim arose.
Secicion 6.4. Payment of Costs.. Beginning on the Effective Date of this Agreement, and quarterly in
.advance thereafter for ,each Fiscal Year, each Member Agency agrees to pay the Authority its
allocated proportional share ofthe total estimated annual costs and expenses, asset forth in Section
6.3: The Authority shall submit to each of the Member Agencies a final detailed statement of the
final costs and expenses for the preceding Fiscal Year, allocated in the same manner as estimated
expenses were allocated, within three (3) months after the close of each Fiscal Year, whereupon final
adjustment of debits and credits shall be made by the Authority. If the amount of any allocated share
of any estimated item of expense due from a Member Agency was less than the final allocation of
such .item to such Member Agency, such Member Agency shall pay the difference to the Authority
within 45 days. If the amount of any allocated share of any estimated items of expense from a
Member .Agency was in excess of the final allocation of such item to such Member Agency, the
Authority shall reimburse or credit such excess to the appropriate account of such Member Agency..
Section 6.5. Sources of Funds. Each Member Agencyshall provide the funds required to be paidby
it to the Authority under this Agreement from any source of funds legally available to such Member
Agency for such purpose.
Section 6.6. Additional or Modified Services and Charges to Member A eg ncies.
Section 6.6.1. Each Member Agency may contract with the Authority for greater or lesser
services than the Animal Control Services set forth in this Agreement. Subject to Section
6..6.2, the Member Agencies acknowledge and-agree that after the first two {2) Fiscal Years
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immediately following the first meeting of the Board of Directors,. the contributions required
pursuant to Section 6.3 of a Member Agency that enters into such a contract with the
Authority may be modified accordingly, with the approval of the Board of Directors, to
account for the greater or lesser services. being provided to that Member Agency by the
Authority.
Section 6.6.2. Notwithstanding. Section 6.6.1 above; if a Member Agency provides and
desires to continue to provide any of its own Animal Control Services as such Services are
specified in Exhibit. "A" of this Agreement, then that Member Agency shall. negotiate and
enter into a written agreement with the Authority to receive an appropriate reimbursement,
credit or other adjustment of that Member Agency's contribution to operating costs,: capital
acquisition and replacement costs, and insurance costs of the Authority that are or will not be
incurred by the Authority as a result of that. Member Agency's provision of that particular
service.
Section 6.6.3, Member Agencies requesting other animal related services from the. Authority
in addition to those Animal. Control Services specified in Exhibit "A" of this Agreement shall
be held financially responsible for direct additional. costs incurred or encumbered by the
Authority in the implementation. ofspecial programs; projects; and services.
ARTICLE VII
OWNERSHIP;: ENFORCEMENT
Section 7.1. Ownership of Joint. Facilities.. Prior to the Effective Date, each Member Agency shal'1
convey t o t he A uthorty t he r cal a nd p ersonal p roperty d escribed i n Exhibit C, entitled "Joint
Facilities;" attached hereto and incorporated herein by this reference,. which Joint Facilities, as the
same may be amended from time: to time. by the Board,. will thereafter be owned,. managed and
operated. by the Authority.
Section 7.2. Enforcementby Authority. The Authority is hereby authorized to take any or all legal
or equitable actions, including but not limited to injunction and specific performance, necessaryor
permitted by law,. to enforce this Agreement.
ARTLCLE VIII
TERMINATION
Section 8.1. Termination. This. Agreement shall terminate only upon. an agreement of all Member
Agencies.. Upon termination of this Agreement,. any obligation of the Authority which continues
following termination shall be borne by the Member Agencies based on the percentages determined
pursuant. to Section. 8.3.
Section 8.2. Effective Dates of Termination. Any such termination shall not under any
circumstances become effective until. June 30, next succeeding a minimum of twelve (12) months
following the effective date of a written. notice of terminationto- the Board of Directors approved by
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all Legislative Bodies.
.Section 8,3. Disposition of Assets. Except as provided in Section 6.3 and subject to ection 9,2,
upon the termination of this Agreement, :any assets acquired by the Authority during the period of its
existence and still. on hand and all .unencumbered cash reserves (collectively,. "Assets and Cash
Reserves") shall be distributed to the Member Agencies in the following manner:. The total amount
ofmaintenance and operating costs paid by each Member Agency into the Operating Fund during the
entire existence of the Authority shall be added together and the percentage which each Agency's
total bears to the whole shall be determined. The Assets and Cash Reserves shall be divided among
the Member Agencies based on the. above percentage, based on appraised value ofthe assets at the
time of termination, provided that the Joint Facilities conveyed to the Authority by each iVlember
Agency, as described in Exhibit D shall be excluded from such distribution and ,appraisal and shall
be reconveyed to the contributing Member Agencyupon termination of this Agreement. In the event
the Member Agencies cannot agree on how the distribution of Assets and Cash Reserves pursuant to
the distribution method set forth in this :Section should be implemented, the City Managers of all of
the Member. Agencies, or their respective designees, shall meet promptly to develop a method for
distributing the Assets and Cash Reserves among the Member Agencies.
Section 8.4. Continued Existence of Authority. Upon termination, this Agreement and the
Authority shall survive and continue to exist as required or necessary for the limited purpose of
distributing the Assets and Cash Reserves and winding up and closing out the business, accounts and
affairs of the Authority.
ARTICLE IX
WITHDRAWAL OF A MEMBER AGENCY __
Section 9.1 Agreement Continues. Notwithstanding the provisions of'Section 8.1 ,each Nlernber
Agency agrees that the withdrawal of a Member Agency pursuant to this .Article IX, is not intended
to and will not terminate this Agreement or affect the ability of the Board of Directors or the
remaining Member Agencies to carry out and .fulfill the purposes of this Agreement.
Section 9.2. Withdrawal. A Member Agency may withdraw from participation in this Agreement at
any time, .subject to all of the following terms. and conditions:
Section 9.2.1. If Bonds have been issued and the withdrawing Member Agency benefits
directly or indirectly from the Bonds issued and outstanding, the Member Agency shall not
withdraw from the Authority until such time as all of those Bonds and the interest thereon
shall first have been paid in full or provision for such full payment shall first have been
contractually made with the Authority and approved by the Board of Directors; ..and
Section 9.2.2. The obligations of the withdrawing .Member Agency have been paid in full
.and provision for repayment of any other indebtedness which may exist shall be covered by
an agreement made between the Authority and the Member Agency approved by the Board of
Directors; and
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Section 9.2.3. The withdrawing Member Agency provides the Board of Directors with at
least one hundred eighty (180) d'ays' prior written notice of the date it intends to withdraw
from participation. in this Agreement. Any such termination shall not under any
circumstances become effective until June 30, next succeeding a minimum ofsx (6) months
following the effective date of a written notice of termination to the Board of Directors; and'
Section 9.2.4. Concurrently with its written... notice of intent to wi hdraw, the withdrawing.
Member Agency provides to the Board of Directors a complete and detailed writing. clearly
identifying those Joint Facilities and Assets and Cash Reserves and any other items
contributed to the Authority by that withdrawing Member Agency that the withdrawing
Member Agency believes if is entitled to have returned to it as of the effective date of its.
withdrawal from participation in this Agreement.
Section 9.3. Restrictions. Any withdrawal. from participation in this Agreement. is restricted by the
restrictions on withdrawal contained in Section9.2, above, In addition, subject to Section 9.4, each
withdrawing Member Agency,. upon its withdrawal, waives any right to seek a judicial.
apportionment of any interest it mayhave in the Authority and/or in any assets of the Authority that
were not wholly and directly contributed: to the Authority by the withdrawing.. Member Agency.
Section. 9.4. Distribution, Utilizing. the information submitted. to the Board of Directors pursuant to
Section 9.2 above and any other related and relevant. information submitted to the Board of
Directors, the Board of Directors shall determine those Joint Facilities,, Assets and. Cash Reserves
andother items that shall'.be distributed to the withdrawing Member Agency and issue a direction to
the General Managerto distribute those Joint Facilities,. Assets and Cash Reserves and other items to
the withdrawing Member Agencyn a manner consistent with the Board of Director's determination.
>n making its determination pursuant to this Section, the goal of the Board of Directors shall be to
return. to the withdrawing. Member Agency all. of the Joint Facilities and other discrete and tangible
items contributed to the Authority by the. withdrawing Member Agency pursuant to this Agreement
and. to return the unused. and unencumbered' Assets: and Cash. Reserves contributed. by the
withdrawing Member Agency, prorated as of the effective date of the withdrawal. To the extent,
possible- proration shal'1 be based upon the contribution percentage attached to this Agreement. or
subsequently amended, for those items or funds that were not. contributed by an individual agency.
ARTICLE X
MISCELLANEOUS
Section 10.1'. Section Headings. All. section headings in this Agreement are for convenience of
reference only and are not to be construed as modifying or governing language in the section referred
to or to define or limit. the scope of any provision of this Agreement.
Section 10.2, Consent. Whenever in this. Agreement any consent or approval. is required, the same
shall not be unreasonably withheld.
Section 10.3, Law Governn>?. This. Agreement is made under the Constitution and laws of the State
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of California and is to be so construed.
Section 10.4. Amendments.
.Section 10.4.1.. This Agreement maybe .amended at any time, except as invited by Bond
covenants, if any. '
Section 10.4.2. All amendments to the Agreement must be in writing, and must be approved
by the City or Town Councils of the Member Agencies prior to becoming effective..
Section 10.5. Severability. In the event any provision of this Agreement is determined to be illegal
or invalid for any reason, all other provisions .and articles of this Agreement shall remain in full force
and effect unless and until otherwise determined. The illegality of any provision ofthis Agreement
shall in no way affect the legality and enforceability of any other provisions of this Agreement.
Section 1D.6. Successors. This Agreement shall be binding upon and shall inure to the benefit of the
successors of the respective. Member Agencies. No Member Agency may assign any right or
obligation hereunder without written consent of the other Member Agencies.
Section 10,7. Notice. Notice of any Member Agency to any other Member Agency shall be given in
the manner and to the addresses established in the Bylaws for this purpose.
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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.
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IYIEMBER AGENCIES
APPROVED AS TO FORM: CITY OF CAMPBELL, a municipal corporation
By: By:
Its: Its:
Date: Date:
ATTEST:
By:
Its:
Date:
APPROVED AS TO FORM: CITY OF CUPERTINO, a municipal' corporation.
By: By:
Its: Its:
Date: Date:.
ATTEST:
By:
Its: _
Date:
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APPROVED AS TO FORM: CITY OF MONTE SERENO,
a municipal corporation
By: By:
Its: Its:
Date.: Date:
ATTEST:
By:
Its;
Date:
APPROVED AS TO FORM: CITY OF SANTA CLARA, a municipal corporation
By: By:
Its: Its:
Date: Date:
ATTEST:
By: _
Its: _
Date:
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APPROVED AS TO FORM: CITY OF SARATOGA, a municipal' corporation
By: By:
Its: Its:
Date: Date:
ATTEST:
By:
Its:
Date:
APPROVED AS TO FORM: CITY OF SUNNYVALE, a municipal corporation
By: By:
Its: Its:
Date: Date:
ATTEST:
By:
Its:
Date:
APPROVED AS TO FORM: TOWN OF LOS GATOS, a municipal. corporation.
By: By:
Its: Its:
Date: Date:
ATTEST:
By: _
Its: _
Date:
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{~
EXHIBIT "A"
ANIMAL CONTROL SERVICES
The term "Animal Control Services" in the Agreement to which this Exhibit "A" is attached means
all of he following services:
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 fo lowing services (the "Field
Services"):
Pick up of confined stray dogs, cats, and other smal'1 animals, including rabbits, chickens,
turkey, geese, and ducks, and excluding confined wildlife as defined in'Section 711.2 of the
California Fish and Game Code, such as opossums, raccoons, skunks, or squirrels;
Pick up of .dead animals, including wildlife, as described in mote detail below under the
description of Dead Animal Services;
Pickup of injured stray dogs or cats and other small animals, without regard to weight, and
injured wildlife, excluding birds, that weigh 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 occupant. or the property owner's or occupant's authorized agent;
Response to emergency calls;
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;
Investigating and referring complaints of vicious dogs to the appropriate code enforcement
agency of a Member Agency for resolution;
Investigating and referring complaints of dangerous animals to the appropriate code
enforcement agency of a Member Agency for resolution;
Responding to complaints of dogs running at large;
Responding to complaints of domestic animals causing a nuisance, except domestic animals
making noise, and provide follow-up patrol on ari "as available" basis;
Responding to police assist calls onanimal-related issues, which service may include taking
control of an animal at the direction of a police officer on the scene; and
Exhibit "A" Page 1 of 3
Investigating and referring to the appropriate code enforcement agencyofa Member Agency
for resolution of complaints regarding. the lack of proper care,. condition, or attention of
domestic animals by their owners.
B. Shelter Services
Shelter Services means all of the following services,. including. 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"):
Shelter of abandoned, impounded, lost or stray domestic animals brought to the shelter by a
Member 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 during
established business hours; and
Euthanzation and disposal of abandoned, lost, impounded, or straydornestic animals that are
unclaimed. by their owners and fail to meet the written health and' temperament standards of
the shelter..
C, Medical Services.
"'Medical .Services" means. all of the following services,. including office facilities, supplies,
and professional and. trained personnel necessary to perform the: following services. (the
"Medical Services"):
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;
Monitor quarantined biter animals; and
Conduct vaccination. clinics and have available, free of charge to the public;. rabies control
information.
D. Dead Animal Services
"Dead Animal. Services" means all' of the following services, includng.any vehicles, storage
facilities, disposal mechanisms, field and administrative. personnel, and any other personnel,
supplies a nd e quipment r equired t o p erform t he f ollowing s ervices (the "Dead Animal
Services"):
Exhibit "A" Page 2 of 3
Pick up of dead 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 owner
or occupant;
Identification of and notification to the .owner of the dead animal, whenever possible; and
Disposal of the body of the dead animal.
Exhibit "A" Page 3 of 3
EXHIBIT "B"
CONTRIBUTIONS FOR OPERATING. COSTS -
FIRST TWO FISCAL YEARS.
1. Start-up Costs
Member Agencies agree that, pursuant to Section 6.3,2 of the Agreement to which this
Exhibit "B" is attached, for the initial start-up period from the Effective Date until the. date
that the Joint Shelter is first opened, the proportion of capital, start-up and operating costs of
the Authority to be borne by each Member Agency shall be as follows:
JURISDICTION ALLOCATION
PERCENTAGE.
City of CAMPBELL 10.10%
City of CUPERTINO 10.19%
Town of LOS GATOS 8.42%
City of MONTE SERENO 0.88%
City of SANTA. CL,ARA 30.01%
City of SARATOGA 7...99%
City of SLJNNYVALE 32.42%
Member Agencies acknowledge and agree. that the proportions set forth. above are based upon
a consideration of three (3) variables, as follows:
The population of each Member Agency to account for potential demand for Animal Control
Services in each Jurisdictional. Area; and
The amount of licensed. animals owned or kept. by residents of each Member Agency to
reflect different estimated. levels of animal ownership in each. Jurisdictional Area;. and
The total number of days that. an animal from each. Member Agency is held at the current
animal' shelter facility used by that Member Agency to reflect anticipated proportional use of
an animal shelter facility by each Member Agency.
Member Agencies further acknowledge and agree that each Member Agency's proportion of
annual maintenance and operating. costs of the Authority set forth above was calculated as
follows:
Each. Member Agency's respective percentage share of each of the variables. set forth in
Subsection. B above was calculated based upon 1998 data,. with an adjustment made for 1999
population data; and
Each M ember A gency's r espectve p ercentage share of each variable. was summed and'
divided bythree (3) to calculate a compositepercentage cost share. for each 1Vlember Agency;.
and
Exhibit. "B" August 22, 2000 Page 1 of 2
Each Member Agency's respective .composite percentage. cost share was multiplied by the
total projected annual operating cost of an animal shelter facility to project each Member
Agency's percentage cost share, and all as more particularly described in Subsection 6 of
.Section III of that certain "Final Report for the Animal Services Feasibility Study;" dated
May, 1999 and prepared for the City of San Jose byDMG-Maximus. This formula has been
.adjusted to reflect the deletion of San Jose and Milpitas with a recalculation based upon the
.actual percentages minus 'San Jose's contribution as described in the Final Report for the
Animal Services Feasibility Study, prepared for the City of Santa Clara byDMG-Maximus.
This was .augmented by additional calculations by DMG Maximus.
2. Operational Costs
.After the opening ofthe Joint Shelter the following formula shall be utilized, noting that Suruiyvale
is not utilizing field services:
All operational costs shall be totaled and then reduced by 20.47 % o {The approximate ;proportion of
total operational costs attributable to field services).. 79.53 % of operational costs shall be allocated
based upon the formula. noted .above. The remaining 20.47 % share shall be allocated based upon the
following formula (as calculated by DMG Maximus):
Campbell: 14.88%
Cupertino:: 15.2'7
Los Gatos: 12.44%
Monte Sereno: 1.35%
Santa Clara: 44.05%
Saratoga: 1:2.03%
Exhibit "B" August 22, 2000 Page 2 of 2
EXHIBIT "C"
JOINT' FACILITIES
.[Intentionally left blank; to be determined by the Board]
Exhibit "C° Page 1 of 1