00-066 Animal ControlJOINT EXERCISE OF POWERS AGREEMENT CREATING
THE SILICON VALLEY ANIrvfAL CONTROL AUTHORITY
THIS AGREEMENT is made and entered into as of the Effective Date (set forth in Section
2.3) by and among the Member Agencies (define,i in Section 1.14 below) signatory hereto, each of
which is a public entity duly organized and existing under the Constitution and other laws of the
State of California.
~~~~
The following Recitals aze a substantive portion of this Agreement:
1. WHEREAS, Chapter 5 of Division 7 of Title 1 of the Government Code of the State of
California (commencing at Section 6500) authorizes the Member Agencies 'to enter into an
agreement for the joint exercise of any power common to them and, by that agreement, create an
entity that is sepazate from each of the Member ~~gencies; and
2. WHEREAS, each of the Member Agen~:ies possess the power to provide for the Animal
Control Services (defined in Section 1.3), including animal field services, animal shelter services,
and dead animal services within their respective Jurisdictional Area (defined in Section 1.4
hereinbelow); and
3. WHEREAS, the Member Agencies po:;sess the authority to issue bonds, expend bond
proceeds, and borrow and loan money for certain :public purposes pursuant to the Government Code
of the State of California; and
4. WHEREAS, this Agreement is an appropriate means through which the Member Agencies
may provide the Animal Control Services because: the Jurisdictional Areas of the Member Agencies
are in close proximity to one another and aze susceptible of being served by the Animal Control
Services and related Joint Facilities (defined in Section 1.12) under common administration and
management and with the same equipment, resources and personnel; and
5. WHEREAS, the Member Agencies desire to shaze their animal control expertise and to
optimize their expenditures in connection with the provision of the Animal Control Services and
related Joint Facilities;
6. WHEREAS, the separate provision, management and administration of the Animal Control
Services and related Joint Facilities in each Jurisdictional Area by each of the respective Member
Agencies and using sepazate facilities, resources and personnel may result in duplication of effort,
inefficiencies in administration and excessive costs, all of which, in the judgment of the Member
Agencies, can be eliminated or substantially reduced, all to the substantial advantage and benefit of
the citizens and taxpayers of all of the Member .Agencies, if the provision of the Animal Control
Services and the administration and management ~~f the related Joint Facilities employing common
equipment, resources and personnel, were to be performed by and through a single public entity and
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the creation of such a single public entity is the purpose of this Agreement;
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE FACTS STATED ABOVE,
THE MUTUAL ADVANTAGES TO BE DERIVED, AND THE MUTUAL COVENANTS
CONTAINED HEREIN, IT IS AGREED BY' AND AMONG THE MEMBER AGENCIES
HERETO AS FOLLOWS:
ARTICLE I
DEFINITIONS
Section 1. Unless the context otherwise requires„ the words and terms defined in this Article shall
have the meanings specified.
Section 1.1. pct. "Act" means Article 1, Article 2, Article 3, and Article 4 (commencing
with Section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code,
as it may be amended from time to time.
Section 1.2. e i "Agreement" means this joint exercise of powers agreement as it
now exists or as it may from time to time be amended, supplemented or as it may be
modified by the addition of signatory parties or by any other supplemental agreement or
amendment entered into pursuant to the provisions of this Agreement.
Section 1.3. Animal Control Services. "Animal Control Services" means those services
enumerated on "Exhibit A," entitled "animal Control Services," attached hereto and
incorporated herein by this reference.
Section 1.4. Area. "Area" and "Jurisdictional Area" mean that azea within the respective
jurisdictions of the Member Agencies.
Section 1.5. Authority. "Authority" means the Silicon Valley Animal Control Authority
created pursuant to this Agreement.
Section 1.6. Board of Directors. "Boazci of Directors" means the governing boazd of the
Authority referred to in Section 1.5 and more particulazly described in Section 2.5
hereinbelow. "Director" means an individual member of the Boazd of Directors.
Section 1.7. Bond Law. "Bond Law" means Article 4 of Chapter 5 of Division 7 of Title
1 of the California Government Code, a~ the same may have been or may hereinafter be
amended from time to time, or any other law hereafter legally available for use by the
Authority in the authorization and issuance of bonds to finance needed public facilities.
"Bonds" means any bonds issued pursuant to Bond Law.
Section 1.8. Bylaws. "Bylaws" means the bylaws, rules, regulations and other operational
and organizational directives of the Boazd of Directors for the conduct of its meetings and
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other affairs as further described in Section 2.9.
Section 1.9. Gontroller/Treasurer. "Controller/Treasurer" means the financial director and
finance manager of the Authority having the responsibility and accountability for the
Authority's funds as further described in Section 3.3.
Section 1.10. Fiscal Year. "Fiscal Year" means the period from July 1st to and including
the following June 30th.
Section 1.11. General Manager. "General Manager" means the employee of the Authority
directly responsible to the Board of Directors and primarily responsible for the managerial
oversight of the operations of the Authority as further described in Section 3.6.
Section 1.12. Joint Facilities. "Joint Facilities" means the animal control facilities,
equipment, resources, and property to be owned, managed and operated by the Authority
pursuant to Article V and Section 7.1, and, if and when acquired or constructed, any
improvements and additions thereto.
Section 1.13. Legislative Bodies. "Legislative Bodies" means the city or town councils of
the Member Agencies of the Authority. "legislative Body" means any such individual city
or town council.
Section 1.14. Member Agencies or Member AgencX. "Member Agencies" means all of the
public agencies signatory to this Agreement, which, as of the initial Effective Date of this
Agreement, are the City of Campbell, the City of Cupertino, the City of Monte Sereno, the
City of Santa Clara, the City of Saratoga, the City of Sunnyvale, and the Town of Los Gatos.
"Member Agency" means any such individual public entity.
Section 1.15. Quorum. "Quorum" means a simple majority of the Board of Directors,
except where a greater majority is otherwise specifically required hereunder or by law.
Section 1.16. et "Secretary" means the Secretary of the Board of Directors as
further described in Section 3.2.
ARTI(~LE II
GENERAL PROVISIONS
Section 2.1. Prose. The purpose of this Agreement is to create the Authority to provide for the
joint exercise of powers by the Member Agencies to own, manage, operate and maintain the Joint
Facilities and to implement the financing, acquisition and construction of additions and
improvements thereto and any additional facilities and property later acquired, owned or managed
by the Authority and included in the Joint Facilities and thereafter to manage, operate and maintain
the Joint Facilities, as so added to and improved'., all to the end that the residents of the Area are
provided with a more efficient and economical provision of the Animal Control Services and related
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services consistent with the purposes of this E~greement, and, if necessary, to issue and repay
revenue bonds of the Authority pursuant to the Bond Law. Each of the Member Agencies is
authorized to exercise all powers (except the power to issue -~r1d repay revenue bonds of the
Authority) pursuant to its organic law and the Authority is authorized to issue and provide for the
repayment of revenue bonds pursuant to the provisions of the Bond Law.
Section 2.2. Creation of Authority. Pursuant to the Act, there is hereby created a public entity to
be known as the "Silicon Valley Animal Control Authority," to be called the "Authority" pursuant
to Section 1.5. The Authority, which shall administer this Agreement, is a public entity separate and
apart from the Member Agencies and each of them.
Section 2.3. Effective Date of Agreement. This Agreement shall become effective when signed
and executed by all Member Agencies listed in ;iection 1.14 (the "Effective Date").
Section 2.4. Term. This Agreement shall bec:ome effective on the Effective Date set forth in
Section 2.3 and shall continue in effect until such time as all Bonds (if any) and the interest thereon
issued by the Authority under the Bond Law or tYle Act shall have been paid in full or provision for
such full payment shall have been made, and thereafter until such tune as the Authority and the
Member Agencies shall have paid all sums due z~nd owing pursuant to this Agreement or pursuant
to any contract executed pursuant to this Agreement, and thereafter until terminated pursuant to
Article VIII.
Section 2.5. Governing Board. The Authority shall be administered by a Boazd of Directors
consisting of seven (7) Directors, as follows: tw~~ (2) Directors appointed by the Legislative Body
of the City of Santa Claza, two (2) Directors appointed by the Legislative Body of the City of
Sunnyvale and three (3) Directors collectively appointed by the Legislative Bodies of the cities of
Campbell, Cupertino, Monte Sereno and Saratoga and the Town of Los Gatos (collectively, the
"West Valley Cities").
Section 2.5.1. All voting power of the Authority shall reside with the Boazd of Directors.
Section 2.5.2. The Board of Directors shall be called the "Board of Directors of the Silicon
Valley Animal Control Authority."
Section 2.5.3. Each Director shall be a member of the Legislative Body of the Member
Agency, or one of the Member Agencies in the case of the West Valley Cities, that
appointed that Director.
Section 2.5.4. Each Legislative Body sh~111 appoint an alternate Director from that Member
Agency, or from one of the Member Agencies in the case of the appointment of the West
Valley Cities, who may act as the Director(s) in the absence of the Director (s) appointed by
that Legislative Body or Legislative Bodies. The alternate Director shall not be required to
be a member of a Legislative Body thsit appointed that alternate Director, but shall be
required to be either a member of the Legislative Body or an employee of the Member
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Agency, or one of the Member Agencies in the case of the West Valley Cities, that
appointed that alternate Director.
Section 2.5.5. All Directors and their alt~:rnates shall serve at the pleasure of the Member
Agency or Member Agencies that appointed such member.
Section 2.5.6. All vacancies on the Board of Directors shall be filled by the respective
Legislative Body or Legislative Bodies within thirty (30) days of the effective date of the
vacancy or as soon thereafter as the Legislative Body or Legislative Bodies may legally act.
Any Director shall cease to be a Director v~~hen such person ceases to hold office as a council
member of the respective appointing Legislative Body. Any alternate Director shall cease
to be an alternate Director when such person ceases to hold office as a council member or
otherwise ceases to be employed by the; respective Member Agency that appointed or
participated in appointing him or her.
Section 2.5.7. Each Director shall receive reimbursement for the reasonable and necessary
expenses incurred in the performance of their duties, as provided in the Bylaws.
Section 2.5.8. Santa Claza and Sunnyvaiie shall each have two votes at each meeting of
Board regazdless of whether both their re)~resentatives aze present.
Section 2.6. Meetings of the Boazd of Directors.. All meetings of the Boazd of Directors shall be
public meetings unless a specified closed ses:;ion is held in accordance with the California
Government Code.
Section 2.6.1. Regulaz Meetings. The Board of Directors shall provide for regular meetings
at a date, time, and place fixed by resolution of the Board of Directors.
Section 2.6.2. Special Meetings. Special meetings and emergency meetings of the Boazd
of Directors may be called in accordance with State law.
Section 2.6.3. Call. Notice. and Conduct of Meetings. All meetings of the Boazd of
Directors, including without limitation, regulaz, adjourned regulaz, and special meetings,
shall be called, noticed, held, and conducted in accordance with the provisions of Section
54950, et seq., of the California Government Code, as may be amended from time to time.
Section 2.7. Required Votes: Approvals.
Section 2.7.1. Subject to Sections 2.7.2 and 2.7.3 below, the affirmative votes of four of
the Boazd of Directors shall be required for the Board of Directors to take any action.
Section 2.7.2. Notwithstanding the provisions of Section 2.7.1 above, the affirmative votes
of at least five-sevenths (5/7) of the Boazd of Directors, shall be required for the Boazd of
Directors to propose an amendment to this Agreement; to approve the addition of new
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Member Agencies to this Agreement; to approve the issuance of any Bonds or the
restructuring of any Bonds financing; to approve any budget actions, and to modify the
Member Agencies' contributions to Operating Costs pursuant to Section 6.3.2 below.
Section 2.8. Voting. Each Director shall have ane (1) vote.
Section 2.9. 1 ws. The Board of Directors shall from time to time adopt Bylaws as aze necessary
or convenient in the determination of the Board of Directors to achieve or facilitate the purposes
hereof.
ARTI(~LE III
ORGANIZATIOr1AL STRUCTURE
OFFICERS AND EMPLOYEES
Section 3.1. Chaii~erson and Vice-Chairoerson. The Boazd of Directors shall elect a Chairperson
and Vice-Chairperson from among its members. The Chairperson and Vice-Chairperson shall each
serve a one yeaz term. The positions of Chairperson and Vice Chairperson shall rotate among each
of the Director positions. In the event of thy: disqualification or permanent inability of the
Chairperson to serve as the Chairperson during their term, the Vice-Chairperson shall assume the
duties of the Chairperson for the remainder of that term and the Boazd of Directors shall elect a new
Vice-Chairperson for the remainder of that term.
Section 3.1.1. The Chairperson shall be authorized to sign all resolutions of the Boazd of
Directors and all contracts on behalf of the Authority and shall perform such other duties as
may be imposed by the Board of Director, consistent with the terms and provisions of this
Agreement and the Bylaws.
Section 3.1.2. The Vice-Chairperson shall be authorized to act as the Chairperson, exercise
all of the powers of the Chairperson, and perform all of the duties of the Chairperson in the
temporary absence of the Chairperson.
Section 3.1.3. The Boazd of Directors, as a part of its approval of any contract, may
authorize the General Manager to execute .the contract on behalf of the Authority.
Section 3.2. ec a .The General Manager shall be the Secretary to the Board of Directors,
perform such other duties as may be imposed upon the Secretary by the Boazd of Directors, and
cause a copy of this Agreement to be filed with the California Secretary of State and the State of
California pursuant to Section 6503.5 of the Act..
Section 3.3. Controller/Treasurer. The Contraller/Treasurer shall be appointed by the General
Manager. The Controller/Treasurer shall be the depository and shall have custody of all of the
accounts, funds and money of the Authority from whatever source. The Controller/Treasurer shall
have the duties and obligations set forth in Section 6505 and 6505.5 of the Act, and shall assure that
there shall be strict accountability of all funds and. reporting of all receipts and disbursements of the
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Authority.
Section 3.4. Officers in Charge of Properly. Pursuant to section 6505 of the California
Government Code, the Controller/Treasurer shall have charge of, handle, and have access to all
accounts, funds, and money of the Authority and all records of the Authority relating to such
accounts, funds and money; and the Secretary shall have chazge of, handle, and have access to all
other records of the Authority, and the General Manager shall have chazge of, handle, and have
access to all physical properties of the Authority.
Section 3.5. Bonding,, Persons Having_Access to Property. From time to time, the Board of
Directors may designate persons, such as the Secretary, Controller/Treasurer, or General Manager,
as the Authority officer(s) who shall have charge of, handle, or have access to any property of the
Authority. The Board of Directors shall also fix t11e respective amounts of the official bonds of the
Secretary, Controller/Treasurer, General Manager or such other designated persons pursuant to
Section 6505.1 of the Act, which bonds shall be: filed with the Secretary of the Authority. The
actual cost of such bonds shall be a proper charge; against the Authority.
Section 3.6. Maria eg merit. The regular man~~gement of the operations and activities of the
Authority shall be vested in the General Manager, The General Manager shall be appointed by the
Boazd of Directors. Unless otherwise provided by the Bylaws or resolution of the Board of
Directors, the General Manager shall have the following powers:
Section 3.6.1. To provide for the planning, design, and construction of any additions or
improvements to the Joint Facilities; leasing or remodeling of any existing facilities, or any
new facilities to be operated by the Authority as authorized by the Board of Directors;
Section 3.6.2. Except as otherwise provided in Section 3.6.8, to execute any contracts for
capital costs, costs of special services, equipment, materials, supplies, maintenance, or repair
that involve an expenditure by the Authority within the limits and in accordance with
procedures to be established by the Aut>r~ority in the manner provided for local agencies
pursuant to Article 7, commencing with ;iection 54201 of Chapter 5 of Part 1 of Division
2 of Title 5 of the California Government Code;
Section 3.6.3. To appoint and employ all personnel of the Authority required for
maintenance and operation of the Joint Facilities, and all other employees authorized by the
Authority's budget and by the Boazd of Directors;
Section 3.6.4. To retain any consultants, including labor relations consultants or certified
public accountants, as authorized in the A.uthority's budget and by the Boazd of Directors;
Section 3.6.5. Subject to approval of the Board of Directors, to appoint and employ all
personnel of the Authority or consultants required to be employed or retained in connection
with the design of any additions or improvements of the Joint Facilities or construction of
new facilities;
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Section 3.6.6. To expend funds of the Authority and enter into contracts, whenever
required, or for the immediate preservation of the public peace, health, or safety, subject to
the subsequent ratification of the Board of Directors; -
Section 3.6.7. To sell any personal property of the Authority as may be provided in the
Bylaws or otherwise authorized by the B~~azd of Directors;
Section 3.6.8. To approve and pay demands for payments by the Authority of Ten
Thousand Dollars ($10,000.00), or less, which aze authorized in the Authority's budget;
Section 3.6.9. To prepaze and submit tc- the Board of Directors in time for revision and
adoption by the Authority prior to January 1 of each yeaz, the annual preliminary budget for
the next succeeding Fiscal Yeaz referred •~to in Section 6.1;
Section 3.6.10. Generally, to supervise the acquisition, construction, management,
maintenance, and operation of the Joint Facilities and personnel of the Authority;
Section 3.6.11. To perform such other duties as directed by the Board of Directors and
report to the Board of Directors at such times and on such matters as the Board of Directors
may direct.
Section 3.7. Legal Advisor. The legal advisor o~f and provider of legal advice and services to the
Authority shall be designated by the Boazd of Directors.
Section 3.8. Other Services. The Boazd of Dire~~tors shall have the power to appoint and employ
such other consultants and independent contractors as may be necessary for the purposes of and
pursuant to this Agreement.
Section 3.9. Non-Liability of Agencies. None of the officers, agents, or employees directly
employed by the Authority shall be deemed, solely by reason of their employment by the Authority,
to be employed by any Member Agency or, by reason of their employment by the Authority, to be
subject to any of the requirements of any Member Agency. All of the privileges and immunities
from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers'
compensation, and other benefits which apply to the activities of the officers, agents, or employees
of Member Agencies when performing their respective functions shall apply to them to the same
degree and extent while engaged in the performance of any of the functions and other duties under
this Agreement. Except as expressly provided for in this Agreement, nothing contained in this
Article III is intended to nor shall restrict or limit the rights or abilities otherwise available to the
Authority to enter into agreements or other arrangements with any Member Agency in accordance
with the terms and conditions of this Agreement and the Bylaws regarding the use of employees of
the Member Agency in the operations and activities of the Authority.
Section 3.10. Insurance. The Authority shall obtain and keep in force policies of insurance with
coverages and limits sufficient to protect it and its Member Agencies from claims foi damages
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arising from the activities of the Authority, its Bo;~rd of Directors, officers and employees, and from
the activities of any director, officer or emplo}~ee of any Member Agency while on Authority
business. It is the intent of this Section 3.10 that the policies of insurance described herein include
coverages for automobile liability, comprehensive general liability, public officials errors and
omissions, workers compensation, and excess liability and other perils as the Board of Directors
shall, from time to time, direct; and that the coverage limits of these policies be maintained at levels
as the Board of Directors shall direct. Each Member Agency shall be named an "additional insured"
on each such policy.
Section 3.11. Agreement Not for Benefit of Thin ies. This Agreement shall not be construed
as or deemed to be an agreement for the benefit ~~f any third party or parties, and no third party or
parties shall have any right of action hereunder fo:r any cause whatsoever. Any services performed
or expenditures made in connection with this Agreement by any Member Agency shall be deemed
conclusively to be for the direct protection anti benefit of the inhabitants and property in the
respective Area of such Member Agency.
ARTICLE IV
POWERS OF T)F[E AUTHORITY
Section 4.1. General Powers. The Authority .;hall exercise in the manner herein provided the
powers common to each of the Member Agencies., as provided by the Constitution and laws of the
State of California, and all incidental, implied, expressed, or necessary powers for the
accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section
4.4. As provided in the Act, the Authority shall be a public entity separate from the Member
Agencies. The Authority shall have the power to :finance, acquire, construct, manage, maintain, and
operate the Joint Facilities. The Authority shall have all of the powers provided in Article 2 and
Article 4 of the Act, unless specifically prohibited or restricted by this Agreement.
Section 4.2. Specific Powers. The Authority is lsereby authorized, in its own name, to do all acts
necessary for the exercise of the foregoing powers, including but not limited to, any of the
following:
Section 4.2.1. To make and enter into contracts;
Section 4.2.2. To employ agents or employees;
Section 4.2.3. To acquire, construct, manage, maintain, or operate any buildings, works or
improvements;
Section 4.2.4. To acquire, hold, or dispose of property;
Section 4.2.5. To sue and be sued in its own name;
Section 4.2.6. To incur debts, liabilities; or obligations, subject to the provisions of this
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Agreement, provided that no debt, liability or obligation shall constitute a debt, liability or
obligation upon any Member Agency;
Section 4.2.7. To apply for, accept, receive, and disburse grants, loans, and other aids from
any agency for the United States of America or of the State of California;
Section 4.2.8. To invest any money in the treasury pursuant to Section 6505.5 of the Act
that is not required for the immediate necessities of the Authority, as the Authority
determines is advisable, in the same malul~r and upon the same conditions as local agencies,
pursuant to Section 53601 of the California Government Code;
Section 4.2.9. To carry out and enforce gill the provisions of this Agreement.
Section 4.3. B n .The Authority shall have a.ll of the powers provided in Article 4 of the Act,
including the power to issue Bonds under the Bond Law.
Section 4.4. Restrictions on Exercise of Powers. In accordance with Section 6509 of the Act, the
power of the Authority shall be exercised in the manner provided by the charter and general laws
of the City of Santa Clara in the exercise of similaz powers subject to any restrictions imposed by
state or federal law. Notwithstanding the foregoing, the Authority shall have any additional powers
that may be necessary to accomplish the purpose:s set forth herein to the fullest extent allowed by
applicable laws, this Agreement and the Bylaws.
Section 4.5. Obligations of Authority. The debts, liabilities, and obligations of the Authority shall
not be the debts, liabilities, and obligations of any Member Agency.
ARTI~~LE V
METHODS OF' PROCEDURE
Section 5.1. Assu. ption of Resvonsibilities by the Authority. As soon as practical after the
Effective Date, each of the respective Member agencies shall appoint members to the Board of
Directors and alternates, and the City Managers or designees of each of the Member Agencies shall
give notice (in the manner required by Section 2.6) of the organizational meeting of the Board of
Directors. At said meeting, the Board of Directors shall provide for its regulaz meetings as required
by Section 2.6 and elect a Chairperson and Vice-Chairperson, both of whom shall serve until the
first regular meeting of the Board of Directors following the end of the first Fiscal Year.
Section 5.2. Delegation of Powers: Transfer o:f Records. Accounts. Funds. and Prope~y.
Section 5.2.1. Each Member Agency :hereby delegates to the Authority the power to
purchase from a Member Agency and the power and duty to maintain, operate, and manage
any animal control equipment, resources, and real property acquired and identified by each
of the respective Member Agencies in cAntemplation of the formation of the Authority,
including the future site of the Authority's animal control facility, and to employ the
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necessary personnel to do any and all other things necessary or desirable to provide efficient,
economical and lawful Animal Control Services to the Member Agencies. The proper
officers and employees of each of the Ddember Agencies shall transfer to the Secretary,
Controller/Treasurer, or General Manager of the Authority, as appropriate, physical
management and storage of, all records, accounts, funds, and property, if any, of each of the
,~-_ - ~ -..-- Member Agencies which relate to the provision of the Animal Control Services and which,
in the determination of the Member Agency, aze necessary or desirable to beheld or stored
by the Authority to allow the Authority t~o function as contemplated in this Agreement.
Section 5.2.2. The records, accounts, funds, and property so transferred to the Authority
hereunder shall be further identified and. defined in an inventory to be developed by the
General Manager within one hundred twenty (120) days of the Effective Date of this
Agreement. The General Manager shall submit this inventory to the Board of Directors for
review and approval prior to the transfer e~f any such records, accounts, funds, and property.
Each Member Agency agrees to execute or authorize the execution of all legal documents
necessary to accomplish such said transfi;r.
Section 5.3. Joint Maintenance and Operation F' u
Section 5.3.1. The Boazd of Directors sY~all create a joint maintenance and operation fund
(herein called the "Operating Fund"). Upon the organization of the Board of Directors, the
Authority shall assume responsibility for the maintenance and operation of the Operating
Fund and shall pay the administrative a~:ld operational expenses of the Authority and all
maintenance and operation costs of the Joint Facilities from said Operating Fund. Each of
the Member Agencies shall pay into said Operating Fund its proportionate shaze of the
maintenance and operation costs of the Joint Facilities, computed on the bases set forth in
Section 6.3 of this Agreement.
Section 5.3.2. Upon the establishment ~of the Boazd of Directors and the creation of the
Operating Fund, the City of Santa Claza ;hall transfer to the Authority all unexpended and
unencumbered funds that have been paid to the City of Santa Claza by other Member
Agencies, and funds of the City of Sant~I Claza that have been contributed by the City of
Santa Claza, for the purposes set forth in and pursuant to the anticipated "Cost Sharing
Agreement Among the City of Campbell, the City of Cupertino, the Town of Los Gatos, the
City of Monte Sereno, the City of Santa Claza, the City of Sazatoga and the City of
Sunnyvale For the Construction and Operation of An Animal Shelter" ("Cost Sharing
Agreement") presently contemplated to be: entered into by and among the Member Agencies
if the Member Agencies in fact enter into that Cost Sharing Agreement.
Section 5.4. Capital Acquisition. Improvement and Ren_lacement Fund. The Board of Directors
may create a capital acquisition and replacement fund ("Capital Fund") for the purpose of creating
a fund for the acquisition and construction of the :foint Facilities and any other capital improvements
owned or controlled by the Authority, and the replacement and acquisition of capital equipment and
property of the Authority. Each Member Ager-cy shall annually pay into said Capital Fund its
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proportionate share of capital costs, including principal and interest payments on outstanding Bonds,
if any, as provided in Section 6.3.
ARTICLE VI
BUDGET/COSTS, MAINTENANCE AND
OPERATION COSTS AND OTHER COSTS
Section 6.1. Annual Budget. The Boazd of Directors shall adopt a preliminary budget for
maintenance and operation costs, capital costs, costs of special services, and debt service payments
or redemption expenses on Bonds (if any), annually prior to February 1 of each year and shall adopt
a final budget prior to June 30 of each yeaz.
Section 6.2. Records and Accounts. The Authority shall cause to be kept accurate and correct
books of account, showing in detail the capital ~~osts, costs of special services and maintenance,
operation costs of the Joint Facilities and the provision of the Animal Control Services, and all
financial transactions of the Member Agencies mlating to the Joint Facilities and the provision of
the Animal Control Services, which books of account shall correctly show any receipts and also any
costs, expenses, or chazges paid or to be paid by each of the Member Agencies. Said books and
records shall be open to inspection at all times during normal business hours by any representative
of a Member Agency, or by any accountant or other person authorized by a Member Agency to
inspect said books or records. The Controller/Tre;asurer shall, in accordance with Sections 6505 and
6505.6 of the Act, cause the books of account and other financial records of the Authority to be
audited annually by an independent public accountant or certified public accountant.
Section 6.3. Allocation of Costs and Ex ep nses: e e all .
Section 6.3.1. Annual Estimate. After adoption of the preliminary budget and prior to
Mazch 1 of each yeaz, the Authority shall ~~romptly furnish to each of the Member Agencies
an estimate of the total annual maintenance and operation costs, capital costs, costs of special
services, and debt service payments or redemption expenses on Bonds (if any).
Section 6.3.2. Qperating,, Costs. The proportion of annual maintenance and operation costs
of the Authority (the "Operating Costs") to be borne by each Member Agency during the
first two (2) Fiscal Yeazs immediately following the adoption of this Agreement shall be
based on the variables and the formula set forth in detail in .Exhibit B, entitled
"Contributions For Operating Costs -First Two Fiscal Yeazs," attached hereto and
incorporated herein by this reference. For the first two (2) Fiscal Yeazs inmmediately
following adoption of this Agreement, the Member Agencies hereby agree that each Member
Agency's proportion shall be as set forth in greater detail in Exhibit B. The proportion of
Operating Costs to be borne by each Member Agency during the succeeding Fiscal Yeaz
shall be determined by the General Manager each yeaz prior to March 1, based on the
variables and formula set forth in Exhibit "B," and the General Manager shall submit these
percentages to the Boazd of Directors for review, modification and/or approval on or before
April 1 of each yeaz. At any time after the completion of the first two (2) Fiscal Yeazs
Joint Exercise of Powers Agreement -Silicon Valley Animal Control Authority
I:\DATA\WP\AGREEMNT.A-M\ANIMALJP.O8/June 15, 2000 Page 12 of 20
immediately following the first meeting of the Board of Directors, the Board of Directors
may modify the manner in which each 1\~ember Agency's contribution to Operating Costs
is determined or calculated by an affirmative vote offive-sevenths of the Boazd of Directors.
Section 6.3.3. Capital Acquisition Costs. Costs of SQecial Services. Bond Expenses. Costs
of acquiring new equipment or constructing new facilities, costs of special services and
Bonds interest and redemption expenses (if any) shall be borne by each Member Agency in
the.same proportion as Operating Costs determined, pursuant to Section 6.3.2, for the Fiscal
Yeaz in which the cost is incurred.
Section 6.3.4. vital Costs. The prop~~rtion of capital replacement costs to be borne by
each Member Agency annually shall be the same proportion as Operating Costs borne by
that Member Agency for that Fiscal Year as determined pursuant to Section 6.3.2.
Section 6.3.5. Insurance Costs. The premiums for the insurance policies described in
Section 3.10 shall be apportioned among the Member Agencies in the same manner as each
Member Agency's yeazly percentage of Operating Costs, as determined pursuant to Section
6.3.2. In the event of any claim for damages which is not covered by insurance, or which
exceeds the limits of any applicable policy of insurance, the Member Agencies agree to
allocate among themselves the uninsured costs of defending such claim, and the uncovered
costs of settlement or judgment, if any, in the same proportions that each Member Agency's
annual payment to the Authority for insurance premiums bears to the whole of such annual
premiums collected by the Authority. As that term is used above, "annual premiums" refers
to the premiums the Authority collected during the yeaz in which the claim arose.
Section 6.4. Payment of Costs. Beginning on the Effective Date of this Agreement, and quarterly
in advance thereafter for each Fiscal Yeaz, each, Member Agency agrees to pay the Authority its
allocated proportional shaze of the total estimated annual costs and expenses, as set forth in Section
6.3. The Authority shall submit to each of the 1\~Iember Agencies a final detailed statement of the
final costs and expenses for the preceding Fiscal Yeaz, allocated in the same manner as estimated
expenses were allocated, within three (3) montlls after the close of each Fiscal Yeaz, whereupon
final adjustment of debits and credits shall be made by the Authority. If the amount of any allocated
share of any estimated item of expense due from << Member Agency was less than the final allocation
of such item to such Member Agency, such lviember Agency shall pay the difference to the
Authority within 45 days. If the amount of any allocated share of any estimated items of expense
from a Member Agency was in excess of the final allocation of such item to such Member Agency,
the Authority shall reimburse or credit such excess to the appropriate account of such Member
Agency.
Section 6.5. sources of Funds. Each Member ~-gency shall provide the funds required to be paid
by it to the Authority under this Agreement from any source of funds legally available to such
Member Agency for such purpose.
Section 6.6. Additional or Modified Services a11d Chazges to Member A encies.
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Section 6.6.1. Each Member Agency may contract with the Authority for greater or lesser
services than the Animal Control Service:s set forth in this Agreement. Subject to Section
6.6.2, the Member Agencies acknowledge and agree that after the first two (2) Fiscal Years
immediately following the first meeting o~`'the Boazd of Directors, the contributions required
pursuant to Section 6.3 of a Member ~~gency that enters into such a contract with the
Authority may be modified accordingly, with the approval of the Boazd of Directors, to
account for the greater or lesser service:. being provided to that Member Agency by the
Authority.
Section 6.6.2. Notwithstanding Section 6.6.1 above, if a Member Agency provides and
desires to continue to provide any of its o~~vr1 Animal Control Services as such Services aze
specified in Exhibit "A" of this Agreement, then that Member Agency shall negotiate and
enter into a written agreement with the Authority to receive an appropriate reimbursement,
credit or other adjustment of that Member Agency's contribution to operating costs, capital
acquisition and replacement costs, and in;~urance costs of the Authority that are or will not
be incurred by the Authority as a result of that Member Agency's provision of that particular
service.
Section 6.6.3. Member Agencies requesting other animal related services from the
Authority in addition to those Animal Control Services specified in Exhibit "A" of this
Agreement shall be held financially responsible for direct additional costs incurred or
encumbered by the Authority in the im~~lementation of special programs, projects, and
services.
ARTICLE VII
OWNERSHIP; ENFORCEMENT
Section 7.1. Owners ' of Joint Facilities. Prior t:o the Effective Date, each Member Agency shall
convey to the Authority the real and personal ~~roperty described in Exhibit C, entitled "Joint
Facilities," attached hereto and incorporated hereiin by this reference, which Joint Facilities, as the
same may be amended from time to time by thE; Board, will thereafter be owned, managed and
operated by the Authority.
Section 7.2. Enforcement by Authority. The Authority is hereby authorized to take any or all legal
or equitable actions, including but not limited to iJijunction and specific performance, necessary or
permitted by law, to enforce this Agreement.
ARTICI~E VIII
TERMIrTATION
Section 8.1. Termination. This Agreement shall terminate only upon an agreement of all Member
Agencies. Upon termination of this Agreement, any obligation of the Authority which continues
following termination shall be borne by the Member Agencies based on the percentages determined
pursuant to Section 8.3.
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Section 8.2. Effective Dates of Termination. Any such termination shall not under any
circumstances become effective until June 30, next succeeding a minimum of twelve (12) months
following the effective date of a written notice of ternnation to`the Boazd of Directors approved
by all Legislative Bodies.
Section 8.3. Disposition of Assets. Except as provided in Section 6.3 and subject to Section 9.2,
upon the termination of this Agreement, any asserts acquired by the Authority during the period of
its existence and still on hand and all unencumbered cash reserves (collectively, "Assets and Cash
Reserves") shall be distributed to the Member Agencies in the following manner: The total amount
of maintenance and operating costs paid by each Member Agency into the Operating Fund during
the entire existence of the Authority shall be added together and the percentage which each Agency's
total bears to the whole shall be determined. The Assets and Cash Reserves shall be divided among
the Member Agencies based on the above percentage, based on appraised value of the assets at the
time of termination, provided that the Joint Facilities conveyed to the Authority by each Member
Agency, as described in Exhibit D shall be excluded from such distribution and appraisal and shall
be reconveyed to the contributing Member Agency upon termination of this Agreement. In the
event the Member Agencies cannot agree on haw the distribution of Assets and Cash Reserves
pursuant to the distribution method set forth ill this Section should be implemented, the City
Managers of all of the Member Agencies, or their respective designees, shall meet promptly to
develop a method for distributing the Assets and Cash Reserves among the Member Agencies.
Section 8.4. Continued Existence of Authority. Upon termination, this Agreement and the
Authority shall survive and continue to exist as required or necessary for the limited purpose of
distributing the Assets and Cash Reserves and winding up and closing out the business, accounts and
affairs of the Authority. _
ARTICLE IX
WITHDRAWAL OF ~- MEMBER AGENCY
Section 9.1 Agreement Continues. Notwithstanding the provisions of Section 8.1 ,each Member
Agency agrees that the withdrawal of a Member ~-gency pursuant to this Article IX, is not intended
to and will not terminate this Agreement or af.Fect the ability of the Board of Directors or the
remaining Member Agencies to carry out and fulfill the purposes of this Agreement.
Section 9.2. Withdrawal. A Member Agency ma~.y withdraw from pauticipation in this Agreement
at any time, subject to all of the following terms and conditions:
Section 9.2.1. If Bonds have been issued and the withdrawing Member Agency benefits
directly or indirectly from the Bonds issued and outstanding, the Member Agency shall not
withdraw from the Authority until such tiime as all of those Bonds and the interest thereon
shall first have been paid in full or provision for such full payment shall first have been
contractually made with the Authority and approved by the Boazd of Directors; and
Section 9.2.2. The obligations of the withdrawing Member Agency have been paid in full
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I:\DATA\WP\AGREEMNT.A-bIWNIMAIJP.08/June 15, 2000 Page 15 of 20
and provision for repayment of any other indebtedness which may exist shall be covered by
an agreement made between the Authority and the Member Agency approved by the Board
of Directors; and
Section 9.2.3. The withdrawing Member Agency provides the Board of Directors with at
least one hundred eighty (180) days' prior written notice of the date it intends to withdraw
from participation in this Agreement. Any such termination shall not under any
circumstances become effective until June 30, next succeeding a minimum of six (6) months
following the effective date of a written notice of termination to the Board of Directors; and
Section 9.2.4. Concurrently with its written notice of intent to withdraw, the withdrawing
Member Agency provides to the Board of Directors a complete and detailed writing cleazly
identifying those Joint Facilities and Assets and Cash Reserves and any other items
contributed to the Authority by that withdrawing Member Agency that the withdrawing
Member Agency believes it is entitled to have returned to it as of the effective date of its
withdrawal from participation in this Agreement.
Section 9.3. Restrictions. Any withdrawal from participation in this Agreement is restricted by the
restrictions on withdrawal contained in Section 9.:?, above. In addition, subject to Section 9.4, each
withdrawing Member Agency, upon its withdrawal, waives any right to seek a judicial
apportionment of any interest it may have in the Authority and/or in any assets of the Authority that
were not wholly and directly contributed to the ~.uthority by the withdrawing Member Agency.
Section 9.4. Distribution. Utilizing the information submitted to the Board of Directors pursuant
to Section 9.2 above and any other related and relevant information submitted to the Boazd of
Directors, the Board of Directors shall determine: those Joint Facilities, Assets and Cash Reserves
and other items that shall be distributed to the withdrawing Member Agency and issue a direction
to the General Manager to distribute those Joint F~~cilities, Assets and Cash Reserves and other items
to the withdrawing Member Agency in a m;inner consistent with the Board of Director's
determination. In making its determination pursuant to this Section, the goal of the Board of
Directors shall be to return to the withdrawing Member Agency all of the Joint Facilities and other
discrete and tangible items contributed to the Authority by the withdrawing Member Agency
pursuant to this Agreement and to return the unused and unencumbered Assets and Cash Reserves
contributed by the withdrawing Member Agency, ;prorated as of the effective date of the withdrawal.
To the extent, possible proration shall be based I.lpon the contribution percentage attached to this
Agreement or subsequently amended, for those items or funds that were not contributed by an
individual agency.
ARTII~LE X
MISCELLANEOUS
Section 10.1. Section HeadinQS. All section headings in this Agreement aze for convenience of
reference only and aze not to be construed as lnodifying or governing language in the section
referred to or to define or limit the scope of any provision of this Agreement.
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I:\DATA\WP\AGREF,MNT.A-M\ANIMAIJP.O8/June 15, 2000 Page 16 of 20
Section 10.2. s nt. Whenever in this Agreement any consent or approval is required, the same
shall not be unreasonably withheld.
Section 10.3. l•_,aw Governing. This Agreement is made under the Constitution and laws of the
State of California and is to be so construed.
Section 10.4. Amendments.
Section 10.4.1. This Agreement maybe amended at any time, except as limited by Bond
covenants, if any.
Section 10.4.2. All amendments to the Agreement must be in writing, and must be
approved by the City or Town Councils of the Member Agencies prior to becoming
effective.
Section 10.5. Severability. In the event any provision of this Agreement is determined to be illegal
or invalid for any reason, all other provisions acid articles of this Agreement shall remain in full
force and effect unless and until otherwise determined. The illegality of any provision of this
Agreement shall in no way affect the legality a~ld enforceability of any other provisions of this
Agreement.
Section 10.6. Successors. This Agreement shall be binding upon and shall inure to the benefit of
the successors of the respective Member Agencies. No Member Agency may assign any right or
obligation hereunder without written consent of the other Member Agencies.
Section 10.7. No 'ce. Notice of any Member AgE;ncy to any other Member Agency shall be given
in the manner and to the addresses established in the Bylaws for this purpose.
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I:\DATA\WPWGREEMNT.A-NMNIMAL.TP.08/June 15, 2000 Page 17 of 20
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EXECUTION OF AGREEMENT
IN WITNESS WHEREOF, the parties hereto Y::ave caused this Agreement to be executed and
attested by their proper officers thereupon duly authorized and their official seals to be hereto
affixed on the dates as shown herein.
MEMBER AGENCIES
APPROVED AS TO FORM:
By:
Its:
Date:
ATTEST:
By:
Its:
Date:
APPROVED AS TO FORM:
By:
Its: ~,
~-
Date: ~~ - /3 -~~
CITY OF CAMPBELL, a municipal corporation
By:
Its:
Date::
CITY OF CUPERTINO, a m n~icipal corporation
~2~' f
By:
Its:
Datf;:
yor
ATTEST:
Joint Exercise of Po~rs Agreement -Silicon Valley Animal Control Authority
I:\DATA\WPWGREEMNT.A-M\ANIMALJ.C07/May 25, 2000 Page 18 of 20
EXHIB TT "~
ANIMAL CONTROL SERVICES
The term "Animal Control Services" in the Agreement to which this Exhibit "A" is attached means
all of the following services:
Field Services
Field services means all of the following services, including any vehicles, communications
equipment, office supplies, field and administrative personnel, and any other personnel,
supplies and equipment, reasonably required to perform the following services (the "Field
Services"):
Pick up of confined stray dogs, cats, and other small animals, including rabbits, chickens,
turkey, geese, and ducks, and excluding confined wildlife as defined in Section 711.2 of the
California Fish and Game Code, such as opossums, raccoons, skunks, or squirrels;
Pick up of dead animals, including wildlife, as described in more detail below under the
description of Dead Animal Services;
Pick up of injured stray dogs or cats and other small animals, without regard to weight, and
injured wildlife, excluding birds, that weiigh fifty pounds (50 lbs.) or less, that are located
on public property or readily accessible on private property with the permission of the
property owner or occupant or the property owner's or occupant's authorized agent;
Response to emergency calls;
Investigating complaints of animal bites o:r attacks on humans, including the completion of
a report interviewing the parties involved, quarantining animals which have bitten humans,
preparing and transporting biting anim2~ls for rabies testing, and investigating alleged
violations of a quazantine;
Investigating and referring complaints of vicious dogs to the appropriate code enforcement
agency of a Member Agency for resolution;
Investigating and referring complaints of dangerous animals to the appropriate code
enforcement agency of a Member Agenc~r for resolution;
Responding to complaints of dogs nuLning at lazge;
Responding to complaints of domestic animals causing a nuisance, except domestic animals
making noise, and provide follow-up patrol on an "as available" basis;
Responding to police assist calls on animal-related issues, which service may include taking
control of an animal at the direction of a police officer on the scene; and
Exhibit "A" Page 1 of 3
Investigating and referring to the appropriate code enforcement agency of a Member Agency
for resolution of complaints regarding tY~e lack of proper Gaze, condition, or attention of
domestic animals by their owners. `
B. Shelter Services
Shelter Services means all of the following services, including shelter facilities, supplies,
animal attendants, supervisors and administrative personnel, and any other personnel,
supplies and equipment reasonably required to perform the following services (the "Shelter
Services"):
Shelter of abandoned, impounded, lost or stray domestic animals brought to the shelter by
a Member Agency, a resident residing in a Jurisdictional Area, or shelter personnel;
Quazantine of biting animals;
Rabies testing of suspect animals;
Provision for surrender and reclaim of abandoned, lost or stray domestic animals during
established business hours; and
Euthanization and disposal of abandoned, lost, impounded, or stray domestic animals that
are unclaimed by their owners and fail to meet the written health and temperament standazds
of the shelter.
C. Medical Services
"Medical Services" means all of the follov~ring services, including office facilities, supplies,
and professional and trained personnel necessary to perform the following services (the
"Medical Services"):
Provision of veterinarian services twenty-four (24) hours per day to treat and provide
veterinarian caze to stray, injured, or sick dogs, cats, and other impounded animals;
Monitor quazantined biter animals; and
Conduct vaccination clinics and have available, free of chazge to the public, rabies control
information.
D. Dead Animal Services
"Dead Animal Services" means all of the i.'ollowing services, including any vehicles, storage
facilities, disposal mechanisms, field and ~idministrative personnel, and any other personnel,
supplies and equipment required to perform the following services (the "Dead Animal
Services"):
Exhibit "A" Page 2 of 3
'~~ ~~B'~
CONTRIBUTIONS FOIL OPERATING COSTS -
FIRST TWO FISCAL YEARS
1. Start-up Costs
Member Agencies agree that, pursuant ~:o Section 6.3.2 of the Agreement to which this
Exhibit "B" is attached, for the initial start-up period from the Effective Date until the date
that the Joint Shelter is first opened, the proportion of capital, start-up and operating costs
of the Authority to be borne by each Member Agency shall be as follows:
JURISDICTION ALLOCATION
PERCENTAGE
City of CAMPBELL 10.10%
City of CUPERTINO 10.19%
Town of LOS GATOS 8.42%
City of MONTE SERENO 0.88%
City of SANTA CLARA 30.01%
City of SARATOGA 7.99%
City of SUNNYVALE 32.42%
Member Agencies acknowledge and agree that the proportions set forth above are based
upon a consideration of three (3) variables, as follows:
The population of each Member Agency to account for potential demand for Animal Control
Services in each Jurisdictional Area; and
The amount of licensed animals owned or kept by residents of each Member Agency to
reflect different estimated levels of anima ownership in each Jurisdictional Area; and
The total number of days that an animal from each Member Agency is held at the current
animal shelter facility used by that Memt~er Agency to reflect anticipated proportional use
of an animal shelter facility by each Merr~ber Agency.
Member Agencies further acknowledge <<nd agree that each Member Agency's proportion
of annual maintenance and operating costs of the Authority set forth above was calculated
as follows:
Each Member Agency's respective percentage share of each of the variables set forth in
Subsection B above was calculated based upon 1998 data, with an adjustment made for 1999
population data; and
Each Member Agency's respective percentage share of each variable was summed and
divided by three (3) to calculate a corr~posite percentage cost share for each Member
Exhibit "B" Page 1 of 2
Agency; and
Each Member Agency's respective composite percentage-cost share was multiplied by the
total projected annual operating cost of an animal shelter facility to project each Member
Agency's percentage cost shaee, and all as more particulazly described in Subsection 6 of
Section III of that certain "Final Report f~~r the Animal Services Feasibility Study," dated
May, 1999 and prepared for the City of San Jose by DMG-Maximus. This formula has been
adjusted to reflect the deletion of San Jose and Milpitas with a recalculation based upon the
actual percentages minus San Jose's contribution as described in the Final Report for the
Animal Services Feasibility Study, prepaze;d for the City of Santa Clara by DMG-Maximus.
This was augmented by additional calculz~tions by DMG Maximus.
2. Operational Costs
After the opening of the Joint Shelter the following; formula shall be utilized, noting that Sunnyvale
is not utilizing field services:
All operational costs shall be totaled and then reduced by 25.74 % (The approximate proportion of
total operational costs attributable to field services). 74.26% of operational costs shall be allocated
based upon the formula noted above. The remaining 25.74% shaee shall be allocated based upon
the following formula (as calculated by DMG M;~ximus):
Campbell: 14.88%
Cupertino: 15.27
Los Gatos: 12.44%
Monte Sereno: ~ 1.35%
Santa Claza: 44.05%
Sazatoga: 12.03%
Exhibit "B" Page 2 of 2
~~
i
~~
C~
RESOLUTION NO.00-173
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO AUTHORIZING EXECUTION OF A JOINT
EXERCISE OF POWERS AGREEMENT FOR ANIMAL
CONTROL, SHELTERING, ~-ND LICENSING SERVICES
WHEREAS, the cities of Cupertino, Campbell, Monte Sereno, Santa Clara,
Saratoga, Sunnyvale, and the Town of Los Gz~tos, have a common interest in forming a
Joint Powers Agreement (JPA) for animal control, sheltering, and licensing services;
WHEREAS, the aforementioned Citie:s and the Town of Los Gatos have had a
series of meetings to establish a method of identifying costs as related to the several
services to be performed under the JPA;
WHEREAS, it will mutually benefit tree Cities to enter into a JPA whereby the
Cities may avail themselves of the benefits and advantages of services and a facility for
the residents within their respective jurisdictional areas;
NOW, THEREFORE, BE IT RESOL~~ED that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes the Mayor and
the City Clerk to execute said agreement on b~;half of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19th day of June, 2000, by the fallowing vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Lowenthal, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/Kimberly Smith /s/John Statton
City Clerk Mayor, ('ity of Cupertino