04-031 City of San Jose Animal Services~,
4/6/2004
ANIMAL SERVICES AGREEMENT
BETWI.EN
THE CITY OF SAN JOSE
AND
THE CITY OF CUPERTINO
-~
This Animal Services Agreement ("AGREEME:NT") is entered into this ~`~ _ day of
_ 2004, by and between the CITY OF= CUPERTINO, a municipal corporation
(hereinafter "CUPERTINO"), and the CITY OF~ SAN JOSE, a municipal corporation
(hereinafter "SAN JOSE"). CUPERTINO and SAN JOSE are hereinafter collectively
referred to as the "PARTIES."
RECITALS
WHEREAS, CUPERTINO desires to provide certain animal control services to its
residents and citizens; and
WHEREAS, SAN JOSE has the personnel and facilities necessary to provide the
animal control services.
NOW, THEREFORE, in consideration of the rnutual covenants set forth in this
AGREEMENT, the PARTIES hereby agree as follows:
SECTION 1. SCOPE OF SERVICES.
SAN JOSE shall perform those services specified in detail in Exhibit A, entitled
"SCOPE OF SERVICES" ("Animal Services"), which is attached hereto and
incorporated herein.
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SECTION 2. TERM
The term of this AGREEMENT shall be from .July 1, 2004 to June 30, 2024, inclusive.
SAN JOSE shall begin providing Animal Services pursuant to this AGREEMENT on
July 1, 2004.
SECTION 3. CAPITAL CONTRIBUTION
Within thirty-five days of the execution of this AGREEMENT, CUPERTINO shall pay a
one-time capital contribution payment to SAN JOSE of Five Hundred Thousand Dollars
($500,000). The capital contribution is to be used toward the SAN JOSE'S new animal
shelter, a new animal control vehicle, and ovE:rhead costs related to the expansion of
the shelter facility. In the event CUPERTINO or SAN JOSE terminates the
AGREEMENT as specified under SECTION 12 of this AGREEMENT, SAN JOSE shall
refund CUPERTINO's capital contribution ba:;ed on the following schedule for effective
date of termination and amount:
July 1, 2004 through June 30, 2005 $500,000
July 1, 2005 through June 30, 2006 $400,000
July 1, 2006 through June 30, 2007 $300,000
July 1, 2007 through June 30, 2008 $200,000
July 1, 2009 through June 30, 2010 $100,000
If the effective date of the termination is after .June 30, 2010, no refund shall be paid by
SAN JOSE to CUPERTINO.
SECTION 4. MONTHLY PAYMENT PROVISIONS.
A. Payment Schedule
CUPERTINO shall make payments in equal monthly installments for services provided
after execution of this AGREEMENT. All inst~~llment payments by CUPERTINO shall
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be due and payable on the first day of the month and shall be delinquent on the
fifteenth (15) business day thereafter without demand or notice to CUPERTINO. SAN
JOSE will provide CUPERTINO an invoice at least fifteen (15) calendar days prior to
the payment due date.
B. Payment Amounts
For Animal Services provided by SAN JOSE to CUPERTINO under this AGREEMENT,
CUPERTINO shall pay SAN JOSE compensation for the period of July 1, 2004 through
June 30, 2005 in accordance with Section 4.p~. at the following base rate, to be
adjusted as described herein:
Field and Shelter Services
$166, 000
The cost for Field and Shelter services will be based on the number of live domestic
animals impounded by SAN JOSE. This cost incorporates all administrative costs,
Medical Services, and Dead Animal Services. The PARTIES agree to estimate the
number of animals to be impounded at the bE:ginning of each fiscal year. The
PARTIES also agree that any overages will bE: separately billed and any underages
separately rebated at the end of each fiscal year. Any adjustments during the Fiscal
Year 2004-2005 will be from the base rate of ;1166,000.
The compensation for Animal Services under this AGREEMENT shall adjust each fiscal
year. The PARTIES agree that the adjusted rate shall be based on the formula
detailed in Exhibit B, which is attached hereto and incorporated herein.
In the event SAN JOSE provides services to C:UPERTINO prior to execution of this
AGREEMENT, CUPERTINO shall compensate SAN JOSE in accordance with the
terms set forth in SECTION 4 of this AGREEMENT.
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SECTION 5. INSPECTION OF FINANCIi4L BOOKS AND RECORDS.
During the term of this AGREEMENT, SAN JOSE shall keep its financial books and
records directly pertaining to the provision of Animal Services under the AGREEMENT
open to inspection and audit by CUPERTINO or CUPERTINO's designated
representative(s), upon request of CUPERTI~JO, and during normal business hours.
Any audit of SAN JOSE's financial books and records conducted by CUPERTINO shall
be at the expense of CUPERTINO.
SECTION 6. CONFIDENTIALITY.
SAN JOSE agrees that to the extent consistent with the California Public Records Act
and applicable California law, it shall maintain in confidence and shall not disclose to
any third party reports or other documents prepared in connection with the
performance of Animal Services under the AGREEMENT.
SECTION 7. PROJECT MANAGER.
The PARTIES shall each designate a Project Manager through whom any necessary
review of the Animal Services performed undE:r the AGREEMENT will occur.
SECTION 8. INDEMNIFICATION.
In lieu of and notwithstanding the pro rata risN; allocation which might otherwise be
imposed between SAN JOSE and CUPERTINO pursuant to Government Code section
895.6, SAN JOSE and CUPERTINO agree th~~t all losses or liabilities incurred by a
party shall not be shared pro rata as defined in Government Code section 895.6, but
instead SAN JOSE and CUPERTINO agree tf^iat pursuant to Government Code section
895.4, each of the PARTIES hereto shall fully indemnify and hold the other party, their
officers, board members, employees and agents, harmless from any claim, expense or
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cost, damage or liability imposed for injury (a:~ defined by Government Code section
810.8) occurring by reason of and only to the extent of the negligent acts or omissions
or willful misconduct of the indemnifying part~~, its officers, board members, employees
or agents, under or in connection with or arising out of any work, authority or
jurisdiction delegated to such party under thi:~ AGREEMENT. No party, nor any officer,
board member, employee or agent thereof shall be responsible to the extent any
damage or liability occurs by reason of the nE~gligent acts or omissions or willful
misconduct of the other party hereto, its officers, board members, employees or
agents, under or in connection with or arising out of any work, authority or jurisdiction
delegated to such other parties under this AGREEMENT.
SECTION 9. INDEPENDENT CONTRACTOR RELATIONSHIP.
This AGREEMENT shall in no way be construed to constitute SAN JOSE as the
partner, legal representative, or employee of t;UPERTINO or CUPERTINO of SAN
JOSE for any purpose whatsoever, or as the ~~gent of CUPERTINO or SAN JOSE, and
neither party shall act or attempt to act or represent itself directly or by implication as
having such status or relationship. The PARI-IES shall have the relationship of
independent contractors, and except as specifically provided in this AGREEMENT,
each party shall be solely responsible for all c-bligations and liabilities pertaining to the
business, activities, and facilities of that party. As an independent contractor, the
PARTIES shall obtain no rights to retirement t~enefits or other benefits, which accrue,
to the PARTIES' respective employees, and tf•ie PARTIES hereby expressly waive any
claim either of them may have to any such rights.
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SECTION 10. ASSIGNABILITY.
SAN JOSE and CUPERTINO acknowledge aid agree that the expertise and
experience of SAN JOSE are material considF~rations inducing CUPERTINO to enter
into this AGREEMENT. CUPERTINO acknoNiledges and accepts that a portion of the
services provided under this AGREEMENT sriall be provided by a handler of dead deer
and livestock, wildlife services, and/or independent veterinary doctors. Neither PARTY
shall assign or transfer any interest in this AGREEMENT, or the performance of any
obligations hereunder, other than those servi~;es provided by the handler of dead deer
and livestock, wildlife services, and/or independent veterinary doctors, without the prior
written consent of the other, and any attempt by either of the PARTIES to assign this
AGREEMENT or any rights, duties or obligati~~ns arising hereunder shall be void and of
no effect.
SECTION 11.
NONDISCRIMINATION.
Neither PARTY shall discriminate, in any way, against any person on the basis of race,
sex, color, age, religion, sexual orientation, actual or perceived gender identity,
disability, ethnicity, or national origin, in connection with or related to the performance
of this AGREEMENT
SECTION 12. TERMINATION OF AGREEMENT.
A. Termination
This AGREEMENT may be terminated earlier at any time:
1. Upon the written consent of both SAN JOSE and CUPERTINO;
2. By either SAN JOSE or CUPERTIIVO immediately upon notice to the other,
if the other breaches any material obligation under this AGREEMENT and
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such breach remains unremedied for at least thirty (30) days following
written notice thereof to the breaching party; or
3. Upon at least one hundred eighty (180) days prior written notice by
CUPERTINO to SAN JOSE or SAN JOSE to CUPERTINO of that party's
desire to terminate this AGREEMENT. If CUPERTINO does not appropriate
the full amounts due to SAN JOSE under this AGREEMENT for any fiscal
year on or before June 30 of the year directly preceding the fiscal year for
which Animal Services are provided by SAN JOSE, then that action shall,
as of the same June 30, constitute the start of the 180-day notice of
termination of this AGREEMENT icy CUPERTINO pursuant to this
SECTION.
B. Effects of Termination
Upon the effective date of any termination of this AGREEMENT, SAN JOSE's
obligation to provide Animal .Services to CIJPERTINO under this AGREEMENT shall
cease, and CUPERTINO's obligation to m;~ke payments hereunder for periods of
time after the effective date of termination shall cease, provided that the PARTIES
shall have any and all remedies available under law for any breach of this
AGREEMENT. The PARTIES may also elect to negotiate a new agreement for the
provision of Animal Services at any time after the effective date of termination.
C. Termination Costs
In the event CUPERTINO elects to termin~~te this AGREEMENT, SAN JOSE shall
be reimbursed for stray animals that were sheltered for CUPERTINO but not paid
for prior to termination for a period of twelve (12) months from the date of
termination. The reimbursement will be at the rate per animal agreed upon by the
PARTIES for that fiscal year. SAN JOSE :hall notify CUPERTINO of the number of
animals it shelters during the twelve (12) month period through and in a monthly
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report provided by SAN JOSE in the samE~ format and manner as the monthly
impound report. CUPERTINO shall pay SAN JOSE for shelter services in
accordance with SECTION 4.A.
SECTION 13. COMPLIANCE WITH LAWN.
Each PARTY shall comply with all applicable laws, ordinances, codes and regulations
of the federal, state and local governments.
SECTION 14.
GIFTS.
A. CUPERTINO is familiar with SAN JOSE.'s prohibition against the acceptance of
any gifts by a SAN JOSE officer or designated employee, which prohibition is
found in Chapter 12.08 of the San JosE: Municipal Code.
B. CUPERTINO agrees not to offer any S,4N JOSE officer or designated employee
gifts prohibited by said Chapter.
C. The offer or giving of any gift prohibited by Chapter 12.08 shall constitute a
material breach of the AGREEMENT b~/ CUPERTINO. In addition to any other
remedies SAN JOSE may have in law or equity, SAN JOSE may terminate this
AGREEMENT for such breach as provided in Section 12.A.2 of this
AGREEMENT.
SECTION 15. RETROACTIVE SERVICES PROVIDED.
It is understood and agreed that SAN JOSE may have provided services pursuant to
the provisions of this AGREEMENT, but prior to the execution of this AGREEMENT by
the PARTIES, in anticipation of this execution. CUPERTINO shall compensate SAN
JOSE for those services in accordance with tf ~e terms of this AGREEMENT. However,
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in no instance shall SAN JOSE be compensated under this AGREEMENT for work
performed for CUPERTINO prior to July 1, 2004.
SECTION 16.
INSURANCE.
SAN JOSE shall, at its own expense, maintain a program of self-insurance and/or
insurance as specified in EXHIBIT C "INSUR~~NCE," which is attached hereto and
incorporated herein.
SECTION 17. NOTICES AND INVOICES.
All notices and invoices required or permitted hereunder shall be deemed to have been
received when delivered in person or if mailed, on the third (3`~) business day after the
date on which mailed, postage prepaid, and ~~ddressed to each party as follows:
To SAN JOSE: Director
San Jose Animal Care and Services
'I 821 Zan ker Road
San Jose, CA 95112
To CUPERTINO: Director
i~dministrative Services Department
city of Cupertino
'I 0300 Torre Aven u e
Cupertino, CA 95014
The PARTIES agree to notify each other in writing of any change in the address no
later than thirty (30) days prior to the change in location for receipt of notice.
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SECTION 18. VENUE.
In the event that suit shall be brought by either party to this AGREEMENT, the
PARTIES agree that venue shall be exclusively vested in the state courts of the State of
California, County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in
the United States District Court, Northern District of California, San Jose, California.
SECTION 19. GENERAL PROVISIONS.
A. Entire Agreement
This AGREEMENT, including Exhibits A, B, and C constitute the entire agreement
between the PARTIES hereto relating to the subject matter hereof and supersedes all
prior and contemporaneous oral and written commitments, understandings and
agreements. No changes or modifications to this AGREEMENT shall be valid or
binding unless contained in a written amendment duly executed by the PARTIES.
B. Waivers
No delay or failure of either party to exercise or enforce at any time any right or
provision of this AGREEMENT shall be considered a waiver of such right or provision or
of such party's right thereafter to exercise or Enforce each and every right and provision
of this AGREEMENT. In order to be valid, am/ waiver shall be in writing but need not
be supported by consideration. No single waiver shall constitute a continuing or
subsequent waiver. Neither the acceptance ~~y CUPERTINO of the performance of any
work or services performed by SAN JOSE nor the acceptance of compensation by SAN
JOSE shall be deemed to be a waiver of any germ or condition of this AGREEMENT.
C. Interpretations
In construing or interpreting this AGREEMEN~r, the word "including" shall not be
limiting. The PARTIES agree that this AGREE=MENT shall be fairly interpreted in
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accordance with its terms without any strict c~mstruction in favor of or against either
party.
D. Invalid Provisions
If any provision of this AGREEMENT shall be held illegal, invalid, or unenforceable, in
full or in part, such provision shall be modifie~~ to the minimum extent necessary to
make it legal, valid, and enforceable, and the other provisions of this AGREEMENT
shall not be affected thereby.
E. Further Documents
The PARTIES agree, upon request, to sign and deliver such other documents as may
be reasonably required to carry out the intent and provision of this AGREEMENT.
F. California Law
This AGREEMENT shall be governed by and construed and enforced in accordance
with the laws of the State of California.
G. Counterpart Execution
This AGREEMENT may be executed in one o~ more counterparts, each of which shall
be deemed an original, and all of which shall constitute one and the same document.
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IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT as of
.~ ~! day of _ I~cc~,__' 2004.
APPROVED AS TO FORM:
RO L. SO GTAATARII
Associate Deputy City Attorney
APPROVED AS TO FORM:
"SAN JOSE"
CITY OF SAN JOSE, a municipal
~;orporation
By-- rV~_~- -- -- --
PETER JE E
Assistant to City Manager
`~CUPERTINO"
CITY OF CUPERTINO, a municipal
corporation
__~_ _
E3y_____
DAVID W KNAPP _
City Manager
ATTEST:
KIMBERLY SMI H
City Clerk
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City Attorney
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FXHIRIIT ~
SCOPE OF ~~ERVICES
SECTION 1. SERVICES PROVIDED.
For the consideration set forth herein, SAN JOSE shall provide to CUPERTINO Field,
Licensing and Sheltering Services. These categories of service are collectively referred
to as "Animal Services." Calls for animal relatf:d services which are not provided by
SAN JOSE shall be referred by SAN JOSE to the appropriate enforcement agency of
CUPERTINO in writing or by electronic mail.
SECTION 2.
DEFINITIONS.
A. "Critically sick or injured animals" means those animals that have life-
threatening conditions.
B. "Dangerous Animals" means any wild, exotic, or venomous animal, or other
animal which because of its size, disposition or other characteristics, would
constitute a danger to persons or property as defined in Cupertino Municipal
Code.
C. "Emergency Calls" means complaints ~~f animal bites or attacks on humans or
domestic animals that are in progress, a high risk animal bite to human or
domestic animal, or, where a bite has c-ccurred and the animal remains a threat
to humans or domestic animals.
D. "Holidays" are New Years .Day, Martin Luther King Day, President's Day, Caesar
Chavez Day, Memorial Day, Independence Day, Labor Day, Columbus Day,
Veterans Day, Thanksgiving Day, Day ~4fter Thanksgiving, Christmas Eve Day,
Christmas Day and New Years Eve Da~~.
E. "Dangerous Dog" or "Potentially Dangerous Dog" means a dog that has
attacked, without provocation, humans or other domestic animals or has
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threatened the safety of humans or domestic animals as defined in Cupertino
Municipal Code.
F. "Wildlife" means any animal that is native to this region and recognized as an
indigenous species such as opossum:;, raccoons, skunks or squirrels.
SECTION 3. FIELD SERVICES.
A. FIELD SERVICES
SAN JOSE shall provide vehicles, communics~tions equipment, hardware and software
requirements, office supplies, field and administrative personnel, and any other
personnel, supplies and equipment, reasona~ly required to perform the following
services (the "Field Services") upon a request: or complaint from CUPERTINO or from a
person within the boundaries of CUPERTINO:
(1) Pick up of confined stray dogs, cats and other small animals, including
but not limited to, rabbits, chickens, turkey, geese, birds and ducks, and
excluding Wildlife;
(2) Pickup injured or sick stray dogs, cats, birds, and other small animals
that are located on public property or readily accessible on private
property with the consent of the property owner or the property owner's
authorized agent;
(3) Pickup of injured or sick Wildlife, and livestock;
(4) Pick up dead animals in accords~nce with SECTION 5 of this Exhibit A;
(5) Investigate complaints of animal bites or attacks on humans, including
the preparation of a report, interviewing the parties involved, quarantining
animals which have bitten hum~ins, preparing and transporting biting
animals for rabies testing, and investigating alleged violations of a
quarantine order;
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a) The investigation contemplated under this SECTION 3.A.5 may be
conducted by telephone when the owner and victim are the same
person. In all other cases, SAN JOSE will meet and conduct a
personal interview(s) witl-~ the owner in order to complete the
investigation and quararn:ine the animal as necessary;
(6) Investigate and refer complaints of Dangerous Dog, Potentially
Dangerous Dog, and/or Dangerous Animals to the appropriate
enforcement agency of CUPER'rINO for resolution. Investigations shall
include preparation of a report, 'nterviewing the parties involved, and
collecting available historical data;
(7) Respond to complaints of dogs running at large, attempt to capture them
and provide follow-up patrol if a~~propriate;
(8) Respond to police assist calls on animal-related issues which may
include taking control of an animal at the direction of a police officer on
the scene;
(9) Investigate complaints of activitiE;s criminal in nature, such as animal
cruelty, neglect and fighting including preparation of a report, interviewing
the parties involved, and collecting available historical data for referral to
the Santa Clara County District ,Attorney's Office. SAN JOSE shall
provide CUPERTINO a copy of the investigative packet and in each case
obtain CUPERTINO's decision and authorization to refer the case to the
Santa Clara County District Attorney's Office. If needed or appropriate,
SAN JOSE personnel shall appE;ar for court proceedings at no additional
cost to CUPERTINO;
(10) Investigate and refer complaints of animal abuse or neglect, under the
CUPERTINO Municipal Code, tc the appropriate enforcement agency of
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CUPERTINO for resolution. Investigations shall include preparation of a
report, collecting available historical data, and may include interviewing
the parties involved;
(11) Investigate and refer complaint: of excessive animals, under the
Cupertino Municipal Code, to the appropriate enforcement agency of
CUPERTINO for resolution;
(12) Respond to complaints in progress of domestic animals causing a
nuisance, except domestic animals making noise, and provide follow-up
patrol if appropriate. SAN JOSE= may issue citations for certain nuisances
caused by domestic animals, as defined under and pursuant to authority
conferred by Cupertino Municip;~l Code; and
(13) Respond to complaints of venornous or other dangerous snakes and bats
that are located on public property or readily accessible on private
property with the consent of the property owner or the property owner's
authorized agent.
The PARTIES agree that during the course of administering field services, police
assistance may be necessary. Upon request from SAN JOSE, CUPERTINO shall
provide the police assistance necessary to administer said Field Services.
B. RESPONSE TIME PERFORMANCE STANDARDS
SAN JOSE shall make all reasonable efforts to .respond to complaints and requests
received by CUPERTINO or from persons within the boundaries of CUPERTINO at a
performance standard level that is no less th2,n the following during normal business
hours:
(1) PRIORITY 1 -Response to Emergency Calls; police assist; bites to
human and/or domestic animal from bats and skunks; at large Dangerous
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or Potentially Dangerous Dog; ~~t large quarantined animal; critically sick
or injured animal; and animals i~ distress.
a) Response shall be on a twenty-four (24) hours per day, seven (7)
days per week basis and shall be within one hour or less from the
time the call for service is received by SAN JOSE to the time SAN
JOSE's personnel arrive ~~n scene.
(2) PRIORITY 2 -Response to complaints of bites; animals on school
grounds; animals that pose a tr~~ffic hazard on the streets of
CUPERTINO; animals in traps; :animals suffering from cruelty or neglect;
and confined strays.
a) Response shall be durinct normal business hours and shall be
within two business hour: from the time the call for service is
received by SAN JOSE to the time SAN JOSE personnel arrive on
the scene Monday through Friday and within four business hours
from the time the call for service is received by SAN JOSE to the
time SAN JOSE personnel arrives on scene on Saturdays,
Sundays and Holidays.
(3) PRIORITY 3 -Response to any calls remaining from PRIORITY 1 and 2;
dead animal pick up; and dogs running at large.
a) Response shall be during normal business hours and shall be
within four business hours from the time the call for service is
received by SAN JOSE to the time SAN JOSE personnel arrive on
the scene Monday through Friday and within eight business hours
from the time the call for :service is received by SAN JOSE to the
time SAN JOSE personnE~l arrives on scene on Saturdays,
Sundays and Holidays.
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C. RESPONSE AFTER BUSINESS HOUIRS
SAN JOSE shall respond to PRIORITY 1 call: during and after normal business hours,
twenty-four hours per day, seven days per wE~ek including Holidays. SAN JOSE shall
make all reasonable efforts to respond to PRIORITY 2 calls received after normal
business hours no later than 11:00 a.m. the f~ullowing business day. SAN JOSE shall
make all reasonable efforts to respond to PRIORITY 3 calls received after normal
business hours no later than 3 p.m. the following business day.
D. EXCLUDED SERVICES
The following services are not included in the services provided by SAN JOSE under
this AGREEMENT:
(1) Removal and disposal of deed marine mammals;
(2) Pick up and transportation o1~ uninjured or healthy, living Wildlife;
(3) Pick up animals for surrender at the owner's request except that SAN
JOSE may provide these services in SAN JOSE's discretion and
charge a fee to be paid by the owner separate and apart from this
AGREEMENT;
(4) Permitting or inspection of events with animals;
(5) Investigation of complaints treat only relate to domestic animals or
Wildlife making noise.
SECTION 4. SHELTER SERVICES.
A. SHELTER SERVICES
SAN JOSE shall provide the shelter facilities, supplies, animal attendants, supervisors
and administrative personnel, and any other ~~ersonnel, supplies and equipment,
reasonably required to perform the following :services (the "Shelter Services"):
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(1) Shelter of abandoned, impounded, lost or stray domestic animals brought
to the shelter by CUPERTINO, its residents, or SAN JOSE personnel;
(2) Quarantine of biting animals;
(3) Rabies testing of suspect anim~~ls;
(4) Provide facilities for surrender and reclaim of abandoned, lost or stray
domestic animals during established business hours;
(5) Euthanization and disposal of abandoned, lost, impounded, or stray
domestic animals that are unclaimed by their owners and fail to meet the
written SAN JOSE temperament standards for adoption; and
(6) Provision of animal license to dogs, or other animals to which licensing is
applicable, at the animal shelter.
B. MEDICAL SERVICES
As part of the Shelter Services, SAN JOSE shall provide office facilities, supplies, and
professional and trained personnel, employed or under contract, reasonably necessary
to perform the following services (the "Medical Services"):
(1) Providing veterinarian services twenty-four (24) hours per day to treat and
provide veterinarian care to stra~~, injured, or sick dogs, cats, and other
impounded animals;
(2) Monitor impounded quarantined biting animals;
(3) Provide vaccination services; and
(4) Have available, free of charge to the public, rabies control information.
C. OPERATING SCHEDULES
SAN JOSE shall also provide Shelter Service: for the animals in the facility twenty-four
(24) hours a day, seven (7) days a week. SAIV JOSE shall provide or under contract
provide emergency veterinary services and si'~all make animals available to the public in
accordance with state law.
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SECTION 5. DEAD ANIMAL SERVICES.
SAN JOSE shall provide storage facilities, disposal mechanisms, field and
administrative personnel, and any other pers~mnel, supplies and equipment reasonably
required to perform the following services (thf: "Dead Animal Services"):
(1) Pick up of dead animals, including Wildlife, from the streets of
CUPERTINO, or from private pr~~perty within CUPERTINO with the
consent of the property owner or the property owner's authorized agent;
(2) Handle or refer dead deer and livestock to handler for dead deer and
I ivestock;
(3) Identification of and notification to the owner of the dead animal,
whenever possible;
(4) Scan each dead animal for microchip identification, if available; and
(5) Disposal of the body of the dea~j animal; and
(6) Provide the facilities for drop off of dead animals twenty-four (24) hours a
day, seven (7) days a week.
SECTION 6. RECORDS REGARDING ANIMAL SERVICES.
A. MAINTENANCE OF RECORDS
SAN JOSE shall maintain accurate records regarding its performance of Animal
Services for a period of three (3) years from the date such records are created. Such
records shall include Shelter Services record: regarding receipt, care, reclaim, and
disposition of owner surrendered, abandoneC, impounded, lost or stray domestic
animals, including names and addresses of ~~ersons reclaiming animals, Dead Animal
Services records regarding receipt and dispo:~al of dead animals, and fees collected for
the CUPERTINO.
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B. INSPECTION OF RECORDS
SAN JOSE shall make available for inspection by CUPERTINO or CUPERTINO'
designated representative(s) records regarding Animal Services under this
AGREEMENT, upon request of CUPERTINO during SAN JOSE's normal business
hours.
C. MONTHLY REPORT
SAN JOSE shall provide within 30 days of thE; end of each month, a monthly Animal
Control and Impound Report summarizing FiE:ld Services, Shelter Services, Licensing
Services, Medical Services and Dead Animal Services provided by SAN JOSE to
CUPERTINO. This report shall include, but riot be limited to, the following information:
(1) Total number of calls for servicE~, complaints relating to animal bites or
attacks, complaints relating to vicious or dangerous dogs, and other
activities;
(2) Total number of licenses sold to CUPERTINO residents;
(3) Number of incoming live animal:, including Wildlife, brought to the
shelter (surrender and field);
(4) Number of dead animals picked up by SAN JOSE and brought to the
shelter; and
(5) Number and type of animals provided Medical Services along with a brief
description of service; and
(6) Response time performance standard report for Priority 1 through 3 calls.
D. YEARLY REPORT
SAN JOSE shall complete and submit to the County of Santa Clara Public Health
Department the Annual Report of Local RabiE~s Control Activities for CUPERTINO. SAN
JOSE shall also provide an annual report of ~ictivities and accomplishments detailed in.
SECTION 6.C of this Exhibit A to CUPERTINU.
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SECTION SEVEN. PROGRAM REVENUE.
A. FEES COLLECTED BY SAN JOSE
SAN JOSE shall collect fees, charges, and pF:nalties (the "Program Fees") from the
public in connection with a portion of the Animal Services provided under this
AGREEMENT, including but not limited to items such as impound, quarantine, and
boarding fees. These Program Fees shall be at the rates established by SAN JOSE.
SAN JOSE shall provide the current rates to c~UPERTINO before commencing services
under this AGREEMENT and shall continue t~~ inform CUPERTINO of any changes in
the rates as such changes occur.
B. PAYMENT OF PROGRAM FEES TO (~UPERTINO
All Program Fees collected by SAN JOSE in connection with the Animal Services
provided to CUPERTINO, except fees collected for emergency veterinary services
which are paid to contract veterinary provider: by SAN JOSE, shall be paid or credited
monthly by SAN JOSE to CUPERTINO by thE~ fifteenth (15th) business day of the
month immediately following the month in which the Program Fees were collected.
C. MONTHLY FEE STATEMENT
SAN JOSE shall provide to CUPERTINO with each monthly payment of Program Fees,
a statement of Program Fees collected that shows the total amount of Program Fees
collected and the total amounts collected in each fee category, such as impound,
quarantine and board fees.
D. ANIMAL LICENSING FEES
SAN JOSE shall remit licensing fees paid for the licensing of dogs and cats residing in
CUPERTINO to CUPERTINO on a monthly b~~sis. The licensing fees shall be at the
rates established by SAN JOSE. SAN JOSE shall provide the current rates to CUPERTINO
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before commencing services under this AGREEMENT and shall continue to inform CUPERTINO
of any changes in the rates as such changes occur.
SECTION EIGHT. OTHER RESPONSIBILITIES.
A. ADMINISTRATIVE HEARINGS
SAN JOSE shall not be responsible for nor bear the costs of scheduling or conducting
any required hearings regarding Dangerous or Potentially Dangerous Dogs, or any
other matter subject to an administrative hearing. If needed or appropriate, SAN JOSE
personnel shall appear as a witness at any such hearing at no additional cost to
CUPERTINO.
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EXHIBIT B
FORMULA FOR COMPENSATION
CUPERTINO shall compensate SAN JOSE for Animal Services utilizing the Fiscal Year
2004-2005 base rate of $166,000 (hereinafter "Base Rate"). The Base Rate shall apply
to the first year of this Agreement (i.e. through June 30, 2005). Compensation for
Animal Services shall be adjusted once a year effective July 1 of the next fiscal year
(i.e. 2005, 2006, 2007 etc.). The PARTIES agree that each increase for Animal
Services shall be based on the percentage increase in total compensation provided to
all SAN JOSE animal control officers or the February to February Consumer Price
Index-Urban Wage Earners and Clerical WorN;ers for San Francisco-Oakland-San Jose,
CA (maintained by the Bureau of Labor Statistics) (hereinafter "CPIU") plus 1.5% as set
forth in the Calculation Formula below, whichever is less.
Calculation Formula
ANNUAL COST OF LIVING INCREASE IN TOTAL COMPENSATION:
"Total Compensation" refers to the amount S~~N JOSE provides for total compensation
(salary and benefits) at top step fora 40-hour per week animal control officer. On July
1St of each fiscal year, the percentage change in Total Compensation will be derived
from the new Total Compensation amount divided by the Total Compensation effective
from July 1St of the prior fiscal year (e.g. Total Compensation Percentage Change
(Fiscal Year 2005 -2006) _ (Total Compensation (Fiscal Year 2005-2006) /Total
Compensation (Fiscal Year 2004-2005) - 1).
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The annual projected budget increase in contract costs shall be computed as
follows:
Fiscal Year 2004-2005 Base Year = $166,000
Fiscal Year 2005-2006 and thereafter = (Animal Services Compensation for Preceding
Fiscal Year) x (Percentage Change in Total Compensation for the previous fiscal year)
or (CPI-U for the previous fiscal year + 1.5%), whichever is less. In the event the
percentage change in CPIU for any given fiscal year is negative, the percentage
change in CPIU shall be deemed zero (0).
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FXHIRIT C:
INSIIRd~NCF
SAN JOSE represents and warrants that, at SAN JOSE'S sole cost and
expense, it will maintain for the duration of this AGREEMENT self-insurance against
claims for injuries to persons or damages to property which may arise from, or in
connection with, the performance of the sen~ices hereunder by SAN JOSE, its agents,
representatives, employees or subcontractor:;.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. The coverage described in Insurance Services Office Form Number GL
0002 (Ed. 01/96) covering Commercial General Liability together with
Insurance Services Office Form Number GL 0404 covering Broad Form
Comprehensive General Liability; or that described in Insurance Services
Office Commercial General Liability coverage ("occurrence") Form
Number CG 0001 (Ed. 01/96); and
2. The coverage described in Insurance Services Office Form Number CA
0001 (Ed. 12/93) covering Automobile Liability, Code 1 "any auto", or
Code 2 "owned autos" and Endorsement CA 0025. Coverage shall also
include Code 8 "hired autos" and Code 9 "non-owned autos"; and
3. Workers' Compensation insurance as required by the California Labor
Code and Employers Liability insurance; and
4. Professional Liability Errors and Omissions, when applicable.
B. Minimum Limits of Insurance
SAN JOSE self-insurance maintained limits no less than:
1. Commercial General Liability: $1,000,000 per occurrence for bodily
injury,
personal injury and property dai~nage; and
2. Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage; and
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3. Workers' Compensation grid Employers' Liability: Workers'
Compensation limits as requirE~d by the California Labor and Employers
Liability limits of $1,000,000 per accident; and
4. Professional Liability Errors and Omissions $1,000,000 Aggregate Limit.
C. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. Commercial General Liability and Automobile Liability Coverages
a. SAN JOSE self-insured coverage shall apply to CUPERTINO, its
officers, employees, agents and contractors as respects: Liability arising out of
activities performed by or on behalf of, SAN ,JOSE; products and completed operations
of SAN JOSE; premises owned, leased or used by SAN JOSE; and automobiles
owned, leased, hired or borrowed by SAN JOSE. Said self-insurance shall apply fully
to any indemnity for CUPERTINO, its officers.. employees, agents and contractors.
b. SAN JOSE's insurance coverage shall be primary insurance as
respects CUPERTINO, its officers, employees, agents and contractors. Any insurance
or self-insurance maintained by CUPERTINO, its officers, employees, agents or
contractors shall be excess of SAN JOSE's self-insurance and shall not contribute with
it.
c. Any failure to comply with reporting provisions of the policies by
SAN JOSE shall not affect coverage provided CUPERTINO, its officers, employees,
agents, or contractors.
d. Coverage shall state th~it SAN JOSE's self-insurance shall apply
separately to each insured against whom cl~~im is made or suit is brought, except with
respect to the limits of the insurer's liability.
D. Verification of Coverage
SAN JOSE shall furnish CUPERTINO with Affidavit of insurance affecting coverage
required by this AGREEMENT at the time of contracting and upon expiration of each
certificate.
E. Subcontractors
SAN JOSE shall obtain separate certificates and endorsements for each subcontractor
and furnish CUPERTINO with a copy of the certificates and endorsements at the time
of contracting or expiration of each certificate.
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RESOLUTIO~d NO. 72038
Res. No. 72038
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE AUTHORIZING THIS CITY MANAGER TO
NEGOTIATE AND EXECUTE AGREEMENTS WITH THE
CITIES OF CUPERTINO, LOS GATOS AND SARATOGA
FOR ANIMAL SERVICES
WHEREAS, the Animal Care and Services C~ivision of the Parks, Recreation and
Neighborhood Services Department of the City of San Jose ("City")was created in July,
2001, assuming all animal field services, including code enforcement, stray animal
removal, vicious dog permits, and animal IicE~nsing; and
WHEREAS, it is anticipated that construction of the City's new animal care facility will
be completed in the summer of 2004, and u~-on its completion, the City will assume all
remaining animal services currently provided by the Humane Society Silicon Valley,
which services include sheltering of animals, immunization clinics and public education
programs; and
WHEREAS, the cities of Cupertino, Los Gatc>s, and Saratoga have requested that the
City provide complete animal services for thE~ir jurisdictions, including animal field
services and animal sheltering; and
WHEREAS, the City desires to negotiate and execute agreements with the cities of
Cupertino, Los Gatos, and Saratoga to provide such animal services for a period of 20
years, anticipated to commence in the summer of 2004, which agreements will include
annual payments for operations as well as a one-time capital contribution;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN
JOSE THAT:
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Res. No. 72038
The City Manager is hereby authorized to negotiate and execute the following
agreements to provide animal services for a twenty year term commencing July 1,
2004:
1. An agreement with the City of Cupertino in the amount of $166,000 per annum in
operating costs and cone-time capital contribution of $500,000.
2. An agreement with the City of Los Gatos in the amount of $164,000 per annum
in operating costs and aone-time capital contribution of $300,000.
3. An agreement with the City of Saratoga in the amount of $155,000 per annum in
operating costs and aone-time capital contribution of $300,000.
ADOPTED this 6~' day of April, 2004, by the following vote:
AYES: CAMPOS, CHAVEZ, CHIRCO, CORTESE, DANDO,
GREGORY, LeZOTTE, REED, WILLIAMS, YEAGER;
GONZALES
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
~ -.
RON GONZ~,LES
Mayor
ATTEST:
DEANNA J. ANA
Acting City Clerk
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