CC Resolution No. 9035
RESOLUTION NO. 9035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE WEST VALLEY CITIES TO COOPERA TIVEL Y IMPLEMENT
AND OPERATE AN ANIMAL SERVICES PROGRAM
WHEREAS, the County of Santa Clara is no longer providing animal control
services to cities; and
WHEREAS, each of the West Valley Cities has identified a need to proved animal
related services within their communities; and
WHEREAS, the West Valley Cities find that there are financial and operational
efficiencies to be achieved by working cooperatively; and
WHEREAS, each of the West Valley Cities desires to enter into an Agreement for
the implementation and operation of the Animal 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, that the City Council authorizes the
City Manager to execute the Agreement to Provide Animal Services to the West Valley
Cities on behalf of the City of Cupertino,
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 1ili day of FebruaIY, 1994, by the following vote:
YQ1!:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bautista, Burnett, Dean, Sorensen, Koppel
None
None
None
APPROVED:
181 Barb Koppel
Mayor, City of Cupertino
ATTEST:
181 Kim Marie Smith
City Clerk
AGREEMENT TO PROVIDE
ANIMAL SERVICES TO THE
WEST VALLEY CITIES
THIS AGREEMENT is rnade and entered into this _day of
1994 by and
between the CITY OF CAMPBELL, a rnunicipal corporation, the TOWN OF LOS
GATOS, a municipal corporation, the CITY OF MONTE SERENO, a rnunicipal
corporation, the CITY OF SARATOGA, a municipal corporation, and the CITY OF
CUPERTINO, a rnunicipal 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 cornmunities; and
WHEREAS, the West Valley Cities have determined that it is in their best interest
to cooperate in the irnplementation and operation of an Animal Services Program
(hereinafter "Anirnal Services Program"); and
WHEREAS, those costs of the Anirnal Services Program will be allocated arnong the
parties to this Agreernent on the basis of each party's percentage share of the total
population of all parties to this Agreernent for the first year of the agreernent, and on the
basis of percentage of total services utilized for each year thereafter; and
WHEREAS, a cornmittee known as the "West Valley Anirnal Services Committee"
(hereinafter "Animal Services Committee") has been established, which is cornposed 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 implernentation and operation of the Animal Services Prograrn for the benefit of the
citizens of their jurisdictions, and to participate in the Prograrn, and to declare their
cornrnitment to share financially in the Program,
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Put:pose. The purposes of this Agreernent are as follows:
a, To establish the Anirnal Services Program within the West Valley
Cities which will provide a coordinated and comprehensive Anirnal
Services Prograrn to assist the West Valley Cities in meeting health and
safety requirements, as well as local objectives regarding anirnal control
and well-being;
b, To contract with various agencies and providers for Animal Services;
c. To authorize the City/Town Managers to implernent 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 arnong the parties the costs of establishing and
rnaintaining the Animal Services Prograrn.
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 Agreernent 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,
4, Animal Services Committee, The Anirnal Services Cornrnittee shall make
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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 Agreernent;
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 irnplernent the purposes
of this Agreement;
b, Establish a budget and approve expenditures consistent with the terrns
of this Agreement;
c. Administer the Animal Services Program within the West Valley Cities
which will provide a coordinated and cornprehensive Anirnal Services
Prograrn 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, Irnplernent Animal Services activities including, but not limited to,
requests for proposals, issuance of contracts, review of budgets, and
review of ernployment and enforcement questions,
6, Funding, It is agreed that the costs of the Animal Services Program shall be
paid by the parties to this Agreement as per Exhibit A.
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7, Anirnal Code Enforcement,
a, Authority, Each of the West Valley Cities agrees that it will ensure
that its officers and agents will cooperate with the enforcernent efforts
of the Anirnal 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 uniforrn
Anirnal Services Ordinance,
c, Cooperation with Other Code Enforcement Activities, As may be
requested, the Anirnal Control providers will cooperate with other
authorized ernployees 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
anirnal-related issues.
8, Payments.
a, Allocation of Costs, Cost components of the Anirnal Services Prograrn
include shelter and veterinary services and field services, Through
June 3D, 1995, all costs of the Anirnal 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 Departrnent of Finance
Population Estimates, Exhibit A provides the Estimates most current
for the beginning of the Agreement. For costs incurred following that
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date, the parties shall meet and attempt to reach agreement on division
of the costs.
b. Payments, All payments referenced herein shall be rnade 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 Prograrn shall receive the approval of the City/Town Managers. New
agencies that are allowed to participate in the Prograrn 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 arnendment may be executed by the City of Carnpbell City
Manager who is authorized to execute the arnendment on behalf of the parties
to this Agreement.
10. Termination, Any party may terminate this Agreement and its participation
in the Anirnal Services Prograrn by providing written notice of terrnination to
the other parties to this Agreernent on or before February 1, which will be
effective as of the following July 1. A party's participation in the Animal
Services Prograrn shall automatically terrninate at the end of any fiscal year
in the event that funds are not appropriated by that party for the next
succeeding fiscal year.
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11. Arnendrnents, This Agreernent ernbodies the entire Agreernent of the parties,
There are no other agreernents or understandings between the parties relating
to those rnatters covered in this agreement. Any amendments or
modifications to this Agreernent shall be in writing and, with the additional
requirements for arnendrnents as applicable under Section 13 above, signed
and approved by each party prior to becorning 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: City Manager
70 North First Street
Campbell, CA 95008
To City of Cupertino: City Manager
10300 Torre Avenue
Cupertino, CA 95014
To Town of Los Gatos: Town Manager
P. 0, 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
lirniting the authority of each of the West Valley Cities to establish and collect
the license, perrnit, or other fees that each jurisdiction believes reasonable in
order to fund the Animal Services Program and its other anirnal-related
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services and prograrns. 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 Prograrn provided by this Agreernent
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' percentage of the total population of all parties
to the Agreement,
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w. . c'
EXHIBIT A
INmAL POPUlATION PERCENTAGES
CJ\JV[PI3EI.I. ---------___ 27% (37,105)
CUPERTINO --------__ 30% (41,827)
1.OS GA TOS ----------- 20% (28,175)
MONTE SERENO -__ 2% ( 3,288)
SARATOGA --------___ 21% (28,390)
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