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02-114 Silicon Valley Animal Control Authority JPA~-L~ _ - /~ ~ -~ l~ s ~ t.e C'~~--~ j t i TO: Technical Advisory Committee FROM: Heidi Springer DATE: May 19, 2003 SUBJECT: Second Amendment to Joint Exercise of Powers Agreement COPIES: Joan Gassman, General Counsel Si~icon Va~~e ~nima~ Contro~ I~uthorit Y ~eborah L. Biggs C7enera~ Manager Serving Camphe~~ Cupertino Los C7atos Monte Sereno Santa Cara Saratoga Sunnyva~e Enclosed is a fully executed copy of the Second Amendment to Joint Exercise of Powers Agreement. 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 ~~greement 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 ol;~tain 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 Sectioli: Each Member Agency shall approve the contribution of its allocated proportional share of the total estimated annual costs and expenses in the budget, as set forth in Section 6.3, prior to final adoption of the budget by the Board of Directors on or before Ju~Ze 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 g~roportional 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 :;hare. 2. Except as expressly revised by this Amendment, all terms, conditions and requirements as set forth in the Agreement sh~lll remain in full force and effect. 1013518.1 AS TO FORM: APPROVE~ , Its: r~_ ' ~ , -F.;~` ~, Date: ~` ~ ~~/ {- ~~' ATTEST: Its: .~~~~ ~ fi-;~ ~~' ': Date: ~/ ~/~/~._3 APPROVED AS TO FORM: By: _ Its: Date: ATTEST: By: Its: Date: CITY O ~ S GATOS, a municipal corporation y. Its; /OG-Yi li~~ Sr`-~' Late: /~~O j CITY OF SARATOGA, a municipal corporation Fiy: Is; I>ate: 4 1013518.1 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 datl;s as shown herein. MEMBER E~GENCIES APPROVED AS TO FORM: CITY OF CAMPBELL, a municipal corporation By: _ I±s: Date: ATTEST: By: Its: Date: APPROVED ~.S TO FO . By: '__- Its: ~'~~r T-~ ~' Date: ATTEST: By: ~ifi1~ l Its: (_r~ f ~ Cl l e r Date: ~(- / 5 - ~ 3 By: Its; Date: CIT'>t ER IN , a unicipal corporation By: Its; Date: ~. /G , 03 2 1013518.1 APPROVED AS TO FORM: By: Its: Date: ATTEST: By: Its: Date: APPROVED AS TO FORM: By: ----~ ~. -~ 6 i.- Its: ~ , •~-- t,~ `~~ Date: ~ ~y ~.,~. A B It D CITY OF LOS GATOS, a municipal corporation By: Its; Dale: CITY OF SARATOGA, a municipal corporation By: p~ ~ ~ Its; C.-~~ ~~^ "~~~'-. Date: `7' - Z 2. Z..a ~ 3 ~~ 1013518.1 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: CTI'Y OF MONTE SERENO, a muni ' al co~poratio ~ ~ Its; ~ r/, /~'-,,r_ ,>,~ ~~-.~ -- ~ ~ Date: f/,/ ~~% ~~' CTIY OF SANTA CLARA, a municipal colporation By: Its,; Date: CTTY OF SUNNYVALE, a municipal corporation By: Its;. Daie: :3 1013518.1 EXECUTION OF AMENDI\ZENT TO AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Aareelnent to be executed and attested by their proper officers thereupon duly authorized and their official seals to be hereto affixed on the date:; as shown herein. MEMBER AGENCIES APPROVED AS TO FORM: By: ItS: Date: ATTEST: ~~ ~ Anne B bee ItS: City ~lerk Date: 4/1/03 CI~.. F Ct~,M EL nicipa coloration y Dance r a o ItS; Mavor Date: 4/1/03 APPROVED AS TO FORM: By: Its: Date: ATTEST: Bv: Its: Date: CIT`t OF CUPERTINO, a municipal corporation B y: Its; Date: 2 1013518.1 APPROVED AS TO FORM: By: _ Its: _ Date: ATTEST: By: _ Its: Date: APPROVED AS TO FORM: By: Its: ~sr.~f-~..fC.'f ~f f~~"~~ Date: ~ r.•~ « ~.o 0 ATTEST: ,7 Itss~ ~ I % y -iC L ~,L Date: ~~~ %~ .:r ~-~ > APPROVED AS TO FORM: By: Its: Date: ATTEST: By: Its: Date: CITY OF MONTE SERENO, a municipal corporation Bv: Its; Date: CITY OF SANTA CLARA, a municipal corporation By: Y Its; C t G EI2-- CITY OF SUNNYVALE, a municipal corporation By: Its; Date: 1013518.1 APPROVED AS TO FORM: By: Its: Date: ATTEST: By: Its: Date: APPROVED AS TO FORM: By: _ Its: Date: ATTEST: By: _ Its: Date: APPROV,ED~AS TO FORM: Its: CITY ATTORNEY Date: ~~~'~lC~ ATTEST: ItS: CTTY .T.F.RK Date: ~'c~ S - 0'J CITY OF MONTE SERENO, a municipal coi7~oration By: Its; Date: CITY OF SANTA CLARA, a municipal corporation By: Its; Date. CITY OF E, a m i pal corporation By: ItS; CITY MANAGER Date: ~ " ~ ~ 'O~ 3 1013518.1