1994-031-Sign Agreement With The Five West Valley Cities To Provide Animal Services To The West Valley CitiesRESOLUTION NO. 1994 -31
RESOLUTION AUTHORIZING THE MAYOR
TO SIGN AGREEMENT WITH THE FIVE WEST VALLEY CITIES
TO PROVIDE ANIMAL SERVICES TO THE WEST VALLEY CITIES
WHEREAS, the County of Santa Clara is no longer providing
animal control services to cities; and
WHEREAS, each of the West Valley Cities (Campbell,
Cupertino, Los Gatos, Monte Sereno, and Saratoga) has identified a need to
provide animal - related services within their communities; and
WHEREAS, the West Valley Cities have determined that it is
in their best interest to cooperate in the implementation and operation of an
Animal Control Services Program; and
WHEREAS, each of the West Valley Cities desire to enter into
an Agreement for the implementation and operation of the Animal Control
Services Program for the benefit of the citizens of their jurisdictions, and to
participate in the Program, and to declare their commitment to share
financially in the Program.
NOW, THEREFORE, BE IT RESOLVED, the agreement
attached hereto as Exhibit A to provide animal services to the West Valley
Cities is approved.
BE IT FURTHER RESOLVED, the Mayor is authorized to sign
this agreement between the five West Valley Cities for provision of Animal
Control Services as described above.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Los Gatos, California, held on the 22nd day of
February, 1994 by the following vote:
COUNCIL MEMBERS:
AYES: Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NOES: Joanne Benjamin
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF T TOWN OF L G TOS
LOS GATOS, ALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
pfm005aa: \r.may
THIS AGREEMENT is made and entered into this _day of 1994 by and
between the CITY OF CAMPBELL, a municipal corporation, the TOWN OF LOS
GATOS, a municipal corporation, the CITY OF MONTE SERENO, a municipal
corporation, the CITY OF SARATOGA, a municipal corporation, and the CITY OF
CUPERTINO, a municipal corporation (hereinafter collectively referred to as "West Valley
Cities ").
RECITALS
WHEREAS, each of the West Valley Cities has identified a need to provide animal-
related services within their communities; and
WHEREAS, the West Valley Cities have determined that it is in their best interest
to cooperate in the implementation and operation of an Animal Services Program
(hereinafter "Animal Services Program "); and
WHEREAS, those costs of the Animal Services Program will be allocated among the
parties to this Agreement on the basis of each party's percentage share of the total
population of all parties to this Agreement for the first year of the agreement, and on the
basis of percentage of total services utilized for each year thereafter; and
WHEREAS, a committee known as the "West Valley Animal Services Committee"
(hereinafter "Animal Services Committee ") has been established, which is composed of a
representative of each of the parties to this Agreement; and
WHEREAS, each of the West Valley Cities desire to enter into an Agreement for
the implementation and operation of the Animal Services Program for the benefit of the
Exty -e8 1 `r 4
TOWN CLERK
AGR' ,.,.� � J �•
AGREEMENT TO PROVIDE
oww:
ANIMAL SERVICES TO THE
RED_
WEST VALLEY CITIES
s�D:
THIS AGREEMENT is made and entered into this _day of 1994 by and
between the CITY OF CAMPBELL, a municipal corporation, the TOWN OF LOS
GATOS, a municipal corporation, the CITY OF MONTE SERENO, a municipal
corporation, the CITY OF SARATOGA, a municipal corporation, and the CITY OF
CUPERTINO, a municipal corporation (hereinafter collectively referred to as "West Valley
Cities ").
RECITALS
WHEREAS, each of the West Valley Cities has identified a need to provide animal-
related services within their communities; and
WHEREAS, the West Valley Cities have determined that it is in their best interest
to cooperate in the implementation and operation of an Animal Services Program
(hereinafter "Animal Services Program "); and
WHEREAS, those costs of the Animal Services Program will be allocated among the
parties to this Agreement on the basis of each party's percentage share of the total
population of all parties to this Agreement for the first year of the agreement, and on the
basis of percentage of total services utilized for each year thereafter; and
WHEREAS, a committee known as the "West Valley Animal Services Committee"
(hereinafter "Animal Services Committee ") has been established, which is composed of a
representative of each of the parties to this Agreement; and
WHEREAS, each of the West Valley Cities desire to enter into an Agreement for
the implementation and operation of the Animal Services Program for the benefit of the
Exty -e8 1 `r 4
citizens of their jurisdictions, and to participate in the Program, and to declare their
commitment to share financially in the Program,
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Purpose. The purposes of this Agreement are as follows:
a. To establish the Animal Services Program within the West Valley
Cities which will provide a coordinated and comprehensive Animal
Services Program to assist the West Valley Cities in meeting health and
safety requirements, as well as local objectives regarding animal control
and well- being;
b. To contract with various agencies and providers for Animal Services;
C. To authorize the City /Town Managers to implement Animal Services
activities including, but not limited to, requests for proposals, issuance
of contracts, review of Animal Service budgets, and review of hiring
of staff, all as directed by the respective City and Town Councils;
d. To allocate equitably among the parties the costs of establishing and
maintaining the Animal Services Program.
2. Parties to Agreement. Each of the West Valley Cities agrees to be a party
to this Agreement.
3. Term. The term of this Agreement shall commence April 1, 1994, and shall
terminate on June 30, 1995, unless terminated earlier as provided herein. The
Agreement will automatically renew July 1, 1995 for one fiscal year, and each
July 1st thereafter for the following fiscal year if no termination actions are
taken by any of the parties.
N: \SHARE \ANMLCTR2.PFM Page 2
(Revised 2/10/94)
4. Animal Services Committee The Animal Services Committee shall make
recommendations to City /Town Managers on the following:
a. Policies and procedures necessary to implement the purposes of this
Agreement;
b. A budget consistent with the terms of this Agreement;
C. Any procedures necessary to regulate the ongoing administration of the
Animal Services Program, adhering to the policy guidelines and
procedures adopted by the City /Town Managers.
5. City /Town Managers. The City /Town Managers of each of the five West
Valley Cities shall:
a. Establish policies and procedures necessary to implement the purposes
of this Agreement;
b. Establish a budget and approve expenditures consistent with the terms
of this Agreement;
C. Administer the Animal Services Program within the West Valley Cities
which will provide a coordinated and comprehensive Animal Services
Program to assist the West Valley Cities in meeting State requirements,
as well as local objectives regarding Animal Services;
d. Oversee the retention of Animal Services providers;
e. Implement Animal Services activities including, but not limited to,
requests for proposals, issuance of contracts, review of budgets, and
review of employment and enforcement questions.
6. Funding. It is agreed that the costs of the Animal Services Program shall be
N: \SHARE \ANMLCrR2.PFM Page 3
(Revised 2/10/94)
paid by the parties to this Agreement as per Exhibit A.
7. Animal Code Enforcement.
a. Authority. Each of the West Valley Cities agrees that it will ensure
that its officers and agents will cooperate with the enforcement efforts
of the Animal Services providers retained by the Cities.
b. Code Adoption and Update. Each of the West Valley Cities agrees
that it has adopted or will propose adoption of a substantially uniform
Animal Services Ordinance.
C. Cooperation with Other Code Enforcement Activities. As may be
requested, the Animal Control providers will cooperate with other
authorized employees or representatives of any of the West Valley
Cities in the investigation, abatement, or prosecution of other violations
of State or local laws and regulations when those violations involve
animal - related issues.
8. Payments.
a. Allocation of Costs. Cost components of the Animal Services Program
include shelter and veterinary services and field services. Through
June 30, 1995, all costs of the Animal Services Program shall be
allocated among the parties based on each party's percentage share of
the total population of all agencies participating in the Program. The
population figures used for allocating these costs shall be established
by the most recent State of California Department of Finance
Population Estimates. Exhibit A provides the Estimates most current
N: \SHARE \ANMLCrR2.PFM Page 4
(Revised 2/10/94)
for the beginning of the Agreement. For costs incurred following that
date, the parties shall meet and attempt to reach agreement on division
of the costs.
b. Payments. All payments referenced herein shall be made directly from
the applicable city or town to the Animal Services provider.
C. Licensing. The City of Cupertino will provide its own licensing
program. The other West Valley Cities intend to contract for licensing
and will pay for the licensing costs on a direct basis with the contractor
selected.
9. New Users. A non - participating agency seeking to participate in the Animal
Services Program shall receive approval of the City \Town Managers. New
agencies that are allowed to participate in the Program shall be required to
execute an amendment to this Agreement by which the new agency agrees to
be a party to this Agreement and to be subject to all of its terms and
conditions. The amendment may be executed by the City of Campbell City
Manager who is authorized to execute the amendment on behalf of the parties
to this Agreement.
10. Termination. Any party may terminate this Agreement and its participation
in the Animal Services Program by providing written notice of termination to
the other parties to this Agreement on or before February 1, which will be
effective as of the following July 1. A party's participation in the Animal
Services Program shall automatically terminate at the end of any fiscal year
in the event that funds are not appropriated by that party for the next
N: \SHARE \ANMLCFR2.PFM Page 5
(Revised 2/10/94)
succeeding fiscal year.
11. Amendments.This Agreement embodies the entire Agreement of the parties.
There are no other agreements or understandings between the parties relating
to those matters covered in this agreement. Any amendments or
modifications to this Agreement shall be in writing and, with the additional
requirements for amendments as applicable under Section 9 above, signed
and approved by each party prior to becoming effective.
12. Notices. Any notices required to be given under this Agreement shall be
in writing and shall be delivered in person or by first -class mail to the
respective parties as follows:
To City of Campbell:
To City of Cupertino:
To Town of Los Gatos:
City Manager
70 North First Street
Campbell, CA 95008
City Manager
10300 Torre Avenue
Cupertino, CA 95014
Town Manager
P. O. Box 949
110 E. Main Street
Los Gatos, CA 95031
To City of Monte Sereno: City Manager
18041 Saratoga -Los Gatos Road
Monte Sereno, CA 95030
To City of Saratoga:
City Manager
13777 Fruitvale Avenue
Saratoga, CA 95070
13. License Fees. Nothing contained in this Agreement shall be construed as
N: \SHARE \ANMLCLR2.PFM
(Revised 2/10/94)
Page 6
limiting the authority of each of the West Valley Cities to establish and collect
the license, permit, or other fees that each jurisdiction believes reasonable in
order to fund the Animal Services Program and its other animal- related
services and programs. It is understood that the City /Town Managers on
recommendation of the Animal Service Committee may agree to consolidate
fee collection activities or to establish uniform fees for certain types of
licenses or permits related to animal services and programs as to any or all
of the West Valley Cities.
14. Liability and Indemnification. The costs of any claim, loss, liability, or
defense costs, including costs of defense, arising out of or resulting in any way
from the operation of the Animal Services Program provided by this
Agreement shall be borne by the city or cities or town from which the incident
giving rise to the claim, loss, liability or defense originated. If no such points
of origin can be identified, then the costs shall be allocated among the West
Valley Cities based upon each party's percentage of total population of all
parties to the Agreement.
DATED:
ATTEST:
N:\SHARE\ANMLCrR2.PFM
(Revised 2/10/94)
CITY OF CAMPBELL
CITY MANAGER
APPROVED AS TO FORM:
Page 7
CITY CLERK
N: \SHARE \ANMLC'R2.PFM
(Revised 2/10/94)
CITY ATTORNEY
DATED:
ATTEST:
CITY CLERK
DATED:
ATTEST:
TOWN CLERK
DATED:
ATTEST:
CITY CLERK
N:\SHARE\ANMLCrR2.PFM
(Revised 2/10/94)
CITY OF CUPERTINO
CITY MANAGER
APPROVED AS TO FORM:
CITY ATTORNEY
TOWN OF LOS GATOS
MAYOR
APPROVED AS TO FORM:
TOWN ATTORNEY
CITY OF MONTE SERENO
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
Page 9
CITY OF SARATOGA
DATED:
CITY MANAGER
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
N: \SHARE \ANMLCCR2.PFM Page 10
(Revised 2/10/94)
EXHIBIT A
INITIAL POPULATION PERCENTAGES
CAMPBELL
CUPERTINO
LOS GATOS
MONTE SERENO - --
SARATOGA
N:\SHARE\ANMLCnU.PFM
(Revised 2/10/94)
27% (37,105)
30% (41,827)
20% (28,175)
2% ( 3,288)
21% (28,390)
Page 11