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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