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HomeMy WebLinkAboutCity Council Resolution 09-050 -animal services1 year altered $20.00 1 year altered $10.00 3 year altered $45.00 3 year altered $25.00 1 year unaltered $60.00 1 year unaltered $30.00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING AN INCREASE IN ANIMAL LICENSING FEES UNDER AN AGREEMENT WITH THE CITY OF SAN JOSE FOR THE PROVISION OF ANIMAL SERVICES WHEREAS, on June 29, 2004, the City of Saratoga entered into an Agreement with the City of San Jose for the provision of Animal Services; and WHEREAS, the term of the Agreement is from July 1, 2004 through June 30, 2024; and WHEREAS, under Exhibit A. Scope of Services of the Agreement, Section Seven A. "Fees Collected by San Jose the City of San Jose collects fees, charges and penalties in connection with the Animal Services provided, at the rates established by the City of Saratoga; and WHEREAS, the City of San Jose increased its dog and cat licensing fees, effective July 1, 2009, and for ease of administration and consistency of implementation, the City of Saratoga desires to adopt the same fees as those charged by the City of San Jose, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby approves an increase in dog and cat licensing fees, effective September 1, 2009, to be as follows: New Fee The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 2nd day of September 2009 by the following vote: AYES: Councilmember Susie Nagpal, Howard Miller, Jill Hunter, Vice Mayor Kathleen King, Mayor Chuck Page NOES: None ABSENT: None ABSTAIN: None AT Alvan, City Clerk RESOLUTION NO. 09 -050 CATS New Fee 1 yr Altered $7 $10 r 3 yr Altered $18 $25 1 yr Unaltered $25 $30 CAPITAL OF- SILICON, VALLEY July 17, 2009 Assistant City Manager City Manager's Office City of Saratoga 13777 Fruitvale Ave Saratoga, CA 95070 The San Jose City Council approved an increase in animal licensing fees for San Jose residents, effective July 1, 2009. According to the terms of the Animal Services Agreement between the City of San Jose and the City of Saratoga, dated 06/29/2004, licensing fees for Saratoga residents are to be established by the City of Saratoga. In the past Saratoga has charged the same rates as San Jose. The new licensing fees for San Jose are shown below. Dogs 1 yr Altered 3 yr Altered 1 yr Unaltered Cats Old Fee New Fee $15 $39 $50 Old Fee $20 $45 $60 New Fee Sincerely, N Animal Care Please notify us, in writing, at your earliest convenience if you will be adopting these new fees or maintaining aintaining the current fees so that we can update our records. It is estimated that an increase in Saratoga licensing fees will generate an additional $3,400 annually. All licensing fees for Saratoga residents collected by San Jose are reimbursed to Saratoga. In addition to licensing fees, the fees charged at the low cost spay /neuter clinic have increased slightly Cicirelli puty Director an Jose Animal Care and Services 275 ;Monterey Road San Jos CA 95111 rd (408) 578-7297 fax (408) 229 -2'r RD:RLT 3/11/2004 animal control services. T-31M 24.4475.3 EXECUTORY COPY f4fl ANIMAL. SERVICES AGREEMENT BETWEEN THE CITY OF SAN JOSE AND THE CITY OF SARATOGA This Animal Services Agreement "AGREEMENT") is entered into this c29 dayof ,jA4t 2004, by and between the CITY OF SARATOGA, a municipal corporation (hereinafter "SARATOGA"), and the CITY OF SAN JOSE, a municipal corporation (hereinafter "SAN JOSE SARATOGA and SAN JOSE are hereinafter collectively referred to as the "PARTIES." RECITALS WHEREAS, SARATOGAdesires to provide certain animal control services to its residents and citizens; and WHEREAS, SAN JOSE has the personnel and facilities necessary to provide the NOW, THEREFORE, in consideration of the mutual 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. 1 q. s(e) 7 a RD: RLT 3/11/2004 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, SARATOGA s hall pay a one -time capital contribution payment to SAN JOSE of Three Hundred Thousand Dollars ($300,000). The capital contribution is to be used toward the SAN JOSE'S new animal shelter, a new animal control vehicle, and overhead costs related to the expansion of the shelter facility. In the event SARATOGA or SAN JOSE terminates the AGREEMENT as specified under SECTION 12 of this AGREEMENT, SAN JOSE shall refund SARATOGA's capital contribution based on the following schedule for effective date of termination and amount: July 1, 2004 through June 30, 2005 $300,000 July 1, 2005 through June 30, 2006 $200,000 July 1, 2006 through June 30, 2007 $100,000 If the effective date of the termination is after June 30, 2007, no refund shall be paid to SARATOGAfor the capital contribution. SECTION 4. MONTHLY PAYMENT PROVISIONS. A. Payment Schedule SARATOGA shall make payments in equal monthly installments for services provided after execution of this AGREEMENT. All installment payments by SARATOGA shall 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 SARATOGA SAN JOSE will T -3109\ 244475.3 2 RD: RLT 3/11/2004 T-3109\244475.3 3 provide SARATOGA with monthly invoices at least fifteen (15) calendar days prior to the payment due date. B. Payment Amounts For Animal Services provided by SAN JOSE to SARATOGA under this AGREEMENT, SARATOGA s hal I pay SAN JOSE compensation each fiscal year for the period of July 1, 2004 through June 30, 2007 in accordance with Section 4.A. as follows: Field Service and Shelter Services $155,000 The cost for Field and Shelter services will be a flat fee. This cost incorporates all administrative costs, Medical Services, and Dead Animal Services. The compensation for Animal Services under this AGREEMENT shall remain the same for three fiscal years (e.g. Fiscal Years 2004 -2007) and adjust after every third fiscal year thereafter (e.g. Fiscal Years 2007 -2010, 2010 -2013, etc.). 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 SARATOGA prior to the execution of this AGREEMENT, SARATOGA shall compensate SAN JOSE in accordance with the terms set forth in SECTION 4 of this AGREEMENT. SECTION 5. INSPECTION OF FINANCIAL 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 SARATOGA or SARATOGA's designated representative(s), upon request of SARATOGA, and during normal business hours. Any audit ofSARATOGA's financial books and records conducted bySARATOGAshall be at the expense of SARATOGA RDA LT 3/11/2004 T- 31091244475.3 4 SECTION 6. CONFIDENTIALITY. SAN JOSE agrees that to the extent consistent with the California Public Records At and applicable California law, it shall maintain in confidence and shall not disclose to any third parry 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 under the AGREEMENT will occur. SECTION 8. INDEMNIFICATION. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between SAN JOSE and SARATOGA pursuant to Government Code section 895.6, SAN JOSE and SARATOGAagree that all losses or liabilities incurred bya party shall not be shared pro rata as defined in Government Code section 895.6, but instead SAN JOSE and SARATOGAagree that 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 cost, damage or liability im posed for injury (as 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 party, 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 this 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 negligent acts or omissions or willful misconduct of the other party hereto, its officers, board members, RD: RLT 3/11/2004 T-31091 2444 75.3 5 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 SARATOGAor SARATOGAof SAN JOSE for any purpose whatsoever, or as the agent of SARATOGAor SAN JOSE, and neither party shall act or attempt to actor represent itself directly or by implication as having such status or relationship. The PARTIES shall have the relationship of independent contractors, and except as specifically provided in this AGREEMENT, each party shall be solely responsible for all obligations and liabilities pertaining to the business, activities, and facilities of that party. As an independent contractor, the PARTIES shall obtain no rights to retirement benefits or other benefits, which accrue, to the PARTIES' respective employees, and the PARTIES hereby expressly waive any claim either of them may have to anysuch rights. SECTION 10. ASSIGNABILITY. SAN JOSE and SARATOGAacknowledge and agree that the expertise and experience of SAN JOSE are material considerations inducing SARATOGAto enter into this AGREEMENT. SARATOGAacknowledges and accepts that a portion of the Animal Services shall be provided bya handler of dead deer and livestock, wildlife services, and /or independent veterinary doctors. Neither PARTYshall assign or transfer any interest in this AGREEMENT, or the performance of any obligations hereunder, other than those services provided by the handler of dead deer and livestock, wildlife services, and /or independent veterinary doctors, without the prior written consent of RD: RLT 3!1112004 T-31091244475.3 6 the other, and any attempt by either of the PARTIES to assign this AGREEMENT or any rights, duties or obligations arising hereunder shall be void and of no effect. SECTION 11. NONDISCRIMINATION. Neither PARTY shall discriminate, in anyway, 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 anytime: 1. Upon the written consent of both SAN JOSE and SARATOGA; 2. By either SAN JOSE or SARATOGA immediately upon notice to the other, if the other breaches any material obligation under this AGREEMENT and 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 SARATOGAto SAN JOSE or SAN JOSE to SARATOGAof that party's desire to terminate this AGREEMENT. If SARATOGA does not appropriate the full amounts due to SAN JOSE under this AGREEMENT for anyfiscal 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 by SARATOGA pursuant to this SECTION. RD:RLT 3/11 /2004 T- 3109\244475.3 7 B.Effects of Termination Upon the effective date of any termination of this AGREEMENT, SAN JOSE's obligation to provide Animal Services to SARATOGA under this AGREEMENTshali cease, and SARATOGA's obligation to make 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 anytime after the effective date of termination. C.Termination Costs In the event SARATOGA elects to terminate this AGREEMENT, SAN JOSE shall be reimbursed for stray animals that were sheltered for SARATOGA but not paid for prior to termination, fora period of twelve (12) months from the date of termination. SARATOGAs hall pay SAN JOSE for Shelter Services in accordance with SECTION 4.A. The sum to be paid shall be calculated from the pro rata share of the annual contract amount based on the month of termination. SECTION 13. COMPLIANCE WITH LAWS. Each PARTY shall complywith all applicable laws, ordinances, codes and regulations of the federal, state and local governments. SECTION 14. GIFTS. A. SARATOGA 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. SARATOGA agrees not to offer any SAN JOSE officer or designated employee gifts prohibited by said Chapter. RD:RLT 3/11/2004 T -31094 244475.3 8 C. The offeror giving of any gift prohibited by Chapter 12.08 shall constitute a material breach of the AGREEMENT by SARATOGA 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 12A2 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. SARATOGA shall compensate SAN JOSE for those services in accordance with the terms of this AGREEMENT. However, in no instance shall SAN JOSE be compensated under this AGREEMENT for work performed for SARATOGA 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 "INSURANCE," 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 addressed to each party as follows: RD: RLT 3/11/2004 To SAN JOSE: To SARATOGA T -31094 244475.3 9 Director San Jose Animal Care and Services 1821 Zanker Road San Jose, CA95112 Assistant City Manager City Manager's Office City of Saratoga 13777 Fruitvale Ave. Saratoga, CA95070 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. SECTION 18. VENUE. In the event that suit shall be brought by either partyto 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 Count, Northern District of California, San Jose, California. SECTION 19. GENERAL PROVISIONS. A. Entire Agreement This AGREEMENT constitutes 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 anytime any right or provision of this AGREEMENT shall be considered a waiver of such right or provision RD:RLT 3/11/2004 or of such parts right thereafter to exercise or enforce each and every right and provision of this AGREEMENT. In order to be valid, any 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 bySARATOGAof 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 anyterm or condition of this AGREEMENT. C. Interpretations In construing or interpreting this AGREEMENT, the word "including" shall not be limiting. The PARTIES agree that this AGREEMENT shall be fairly interpreted in accordance with its terms without any strict construction 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 modified 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 carryout 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 maybe executed in one or more counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same document. T- 31091244475.3 10 RD:RLT 3/11/2004 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT as of day of 2004. APPROVED AS TO FORM: APPROVED AS TO FORM: RICHARD TAYLOR City Attorney ATTEST: LEEN BOYS' City Clerk T- 31091244475.3 "SAN JOSE" CITY OF SAN JOSE, a municipal corporation By ROS L. T 0 GTAATARII PETER JE Associate Deputy City Attorney Assistant to the City Manager SARATOGA' CITY OF SARATOGA, a municipal corporation 3 41th By 11 DAVE ANDERSON City Manager 3.22 -o RD :RLT 3/11/2004 244475.3 EXHIBIT A SCOPE OF SERVICES A -1 SECTION 1. SERVICES PROVIDED. For the consideration set forth herein, SAN JOSE shall provide to SARATOGA Field, Licensing and Sheltering Services. These categories of service are collectively referred to as "Animal Services." Calls for animal related services not provided by SAN JOSE shall be referred by SAN JOSE to the appropriate enforcement agency of SARATOGAin 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 anywild, exotic, nondomestic or venomous animal, or other animal that because of its size, disposition or other characteristics, would constitute a danger to persons or property as defined in Chapter 7 the Saratoga City Code. C. "Emergency Calls" means complaints of 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 occurred 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, DayAfter Thanksgiving, Christmas Eve Day, Christmas Dayand New Years Eve Day. RD: RLT 3/11/2004 E "Vicious Dog" means any dog, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following characteristics of a vicious animal, as set forth in Title 7 of the Saratoga City Code: (1) Has attacked, without provocation, a person or domestic animal; (2) Has chased, menaced or approached a person or a domestic animal in a threatening manner or apparent attitude of attack, without provocation; (3) Has a known propensity, tendency or disposition for unprovoked attack; (4) Has been speciallytrained to attack persons or domestic animals or otherwise has been trained as an attack animal; or (5) Is owned or kept in whole or in part for the purpose of animal fighting or has been trained for animal fighting. F. "Wildlife" means any animal that is native to this region and recognized as an indigenous species such as opossums, raccoons, skunks or squirrels. SECTION 3. FIELD SERVICES. A. FIELD SERVICES SAN JOSE shall provide vehicles, communications equipment, hardware and software requirements, office supplies, field and administrative personnel, and any other personnel, supplies and equipment, reasonably required to perform the following services (the "Field Services upon a request or complaint from SARATOGA or from a person within the boundaries of SARATOGA 24447 5.3 A -2 RD: RLT 3/11/2004 (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) Pick up injured or sick straydogs, cats, birds, and other small animals that are located on public property or readily accessible on private propertywith 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 accordance 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 humans, preparing and transporting biting animals for rabies testing, and investigating alleged violations of a quarantine order; a) The investigation contemplated under this SECTION 3.A5 maybe conducted bytelephone when the owner and victim are the same person. In all other cases, SAN JOSE will meet and conduct a personal interview(s) with the owner in order to complete the investigation and quarantine the animal as necessary, (6) Investigate and refer complaints of Vicious Dogs and/or Dangerous Animals to the appropriate enforcement agency of SARATOGA for resolution. Investigations shall include preparation ofa report, interviewing 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 appropriate; 244475.3 A -3 RD ALT RLT 3/11/2004 (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 activities 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 Attorneys Office. SAN JOSE shall provide SARATOGAa copy of the investigative packet and in each case obtain SARATOGA'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 appear for court proceedings at no additional cost to SARATOGA; (10) Investigate and refer complaints of animal abuse or neglect, under the Saratoga Municipal Code, to the appropriate enforcement agency of SARATOGAfor resolution. Investigations shall include preparation of a report, collecting available historical data, and may include interviewing the parties involved; (11) Investigate and refer complaints of excessive number of animals to the appropriate enforcement agency of SARATOGAfor 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 Saratoga City Code; (13) Respond to complaints of venomous or other dangerous snakes and bats that are located on public property or readily accessible on private 244475.3 A-4 RD: RLT 3/11/2004 244475.3 A-5 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 maybe necessary. Upon request from SAN JOSE, SARATOGAshall provide the police assistance necessaryto administer said Field Services. B RESPONSE TIME PERFORMANCE STANDARDS SAN JOSE shall make all reasonable efforts to respond to complaints and requests received by SARATOGA or from persons within the boundaries of Saratoga at a performance standard level that is no Tess than the following during normal business hours: (1) PRIORITY1 Response to Emergency calls; police assist; bites to human and/or domestic animal from bats and skunks; at large Vicious Dogs; at large quarantined animal; criticallysick or injured animal; and animals in 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 Tess from the time the call for service is received by SAN JOSE to the time SAN JOSE's personnel arrive on scene. (2) PRIORITY2 Response to complaints of bites; animals on school grounds; animals that pose a traffic hazard on the streets of SARATOGA; animals in traps; animals suffering from cruelty or neglect; and confined strays. a) Response shall be during normal business hours and shall be within two business hours from the time the call for service is received by SAN JOSE to the time SAN JOSE personnel arrive on the scene Mondaythrough Friday and within four business hours from the time the RD: RLT 3/11/2004 call for service is received by SAN JOSE to the time SAN JOSE personnel arrives on scene on Saturdays, Sundays and Holidays. 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 scene Monday through Fridayand within eight 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. C. RESPONSE AFTER NORMAL BUSINESS HOURS SAN JOSE shall respond to PRIORITY 1 calls during and after normal business hours, twenty -four hours per day, seven days per week including Holidays. SAN JOSE shall make all reasonable efforts to respond to PRIORITY2 calls received after normal business hours no later than 11:00 a.m. the following 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 dead marine mammals; (2) Pick up and transportation of 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; (3) 244475.3 A-6 RD:RLT 3/11/2004 244475.3 A -7 (4) Permitting or inspection of events with animals; (5) Investigation of complaints that 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 personnel, supplies and equipment, reasonably required to perform the following services (the "Shelter Services"): (1) Shelter of abandoned, im pounded, lost or stray domestic animals brought to the shelter by SARATOGA, its residents, or SAN JOSE personnel; (2) Quarantine of biting animals; (3) Rabies testing of suspect animals; (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 bytheir owners and fail to meet the written SAN JOSE temperament standards for adoption; and (6) Provision of animal licenses 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 RD: RLT 3/11/2004 (1) Providing veterinarian services twenty -four (24) hours per dayto treat and provide veterinarian care to stray, 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 Services for the animals in the facility twenty -four (24) hours a day, seven (7) days a week. SAN JOSE shall provide or under contract provide emergency veterinaryservices and shall make animals available to the public in accordance with state law.. SECTION 5. DEAD ANIMAL SERVICES. SAN JOSE shall provide storage facilities, disposal mechanisms, field and administrative personnel, and any other personnel, supplies and equipment reasonably required to perform the following services (the "Dead Animal Services (1) Pick up of dead animals, including Wildlife, from the streets of SARATOGA, or from private property within SARATOGAwith 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 livestock; (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 dead animal. 244475.3 A-8 RLD: RLT 3/11/2004 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 records regarding receipt, care, reclaim, and disposition of owner surrendered, abandoned, impounded, lost or stray domestic animals, including names and addresses of persons reclaiming animals, Dead Animal Services records regarding receipt and disposal of dead animals, and fees collected for SARATOGA B. INSPECTION OF RECORDS SAN JOSE shall make available for inspection by SARATOGA or SARATOGA's designated representative(s) records regarding Animal Services under this AGREEMENT, upon request of SARATOGA during SAN JOSE's normal business hours. C. MONTHLY REPORT SAN JOSE shall provide within 30 days of the end of each month, a monthlyAnimal Control and Impound Report summarizing Field Services, Shelter Services, Licensing Services, Medical Services and Dead Animal Services provided by SAN JOSE to SARATOGA This report shall include, but not be limited to, the following information: (1 (2) (3) 244475.3 Total number of calls for service, complaints relating to animal bites or attacks, complaints relating to vicious or dangerous dogs, and other activities; Total number of licenses sold to SARATOGA residents; Number of incoming live animals, including Wildlife, brought to the shelter (surrender and field); A -9 RD: RLT 3/11/2004 (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 Rabies Control Activities for the City of Saratoga. SAN JOSE shall also provide an annual report of activities and accomplishments detailed in SECTION 6.0 of this ExhibitAto SARATOGA. SECTION SEVEN. PROGRAM REVENUE A. FEES COLLECTED BY SAN JOSE SAN JOSE shall collect fees, charges, and penalties (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 SARATOGA If no fee or charge has been established by SARATOGA, the PARTIES shall mutually determine the appropriate fee or charge for the particular service at issue and shall be imposed by SAN JOSE after it has been duly adopted bySARATOGAand become effective. B. PAYMENT OF PROGRAM FEES TO SARATOGA A11 Program Fees collected by SAN JOSE in connection with the Animal Services provided to SARATOGA, except fees collected for em ergency veterinary services which are paid to contract veterinary providers by SAN JOSE, shall be paid or credited 244475.3 A -10 RD: RLT 3/11/2004 monthly by SAN JOSE to SARATOGAbythe fifteenth (15th) business day of the month immediatelyfollowing the month in which the Program Fees were collected. C. MONTHLY FEE STATEMENT SAN JOSE shall provide to SARATOGAwith 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 SARATOGA to SARATOGA on a monthly basis. The licensing fees shall be at the rates established by SARATOGA If no fee has been established by SARATOGA, the PARTIES shall mutually determine the appropriate fee for the particular license at issue and SAN JOSE shall impose the fee after it has been duly adopted by SARATOGAand become effective. 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 Vicious 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 SARATOGA 244475.3 A -11 RD:'RLT 3/11/2004 EXHIBIT B FORMULA FOR COMPENSATION SARATOGA s hall compensate SAN JOSE for Field and Shelter Services utilizing the Fiscal Year 2004 2005 base rate of $155,000.00 (hereinafter "Base Rate The Base Rate shall apply for the first three years of this Agreement (i.e., through June 30, 2007). Compensation for Field and Shelter Services shall be adjusted onlyonce every three years effective July 1 of every third year (i.e., 2007, 2010, 2013 etc.). The PARTIES agree that each increase for Field and Shelter 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 Workers 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 SAN JOSE provides for total compensation (salary and benefits) at top step for a 40 -hour per week animal control officer. On July 1 st of each fiscal year, the percentage change in Total Compensation will be derived from the new Total Compensation amount divided bythe Total Com pensation effective from July 1st of the prior fiscal year (e.g. Total Com pensation Percentage Change (Fiscal Year 2005 -2006) (Total Compensation (Fiscal Year 2005-2006) Total Compensation (Fiscal Year 2004 -2005) 1)). The annual projected budget increase in contract costs shall be computed as follows: Fiscal Year 2004 -2005 Base Year $155,000 Each adjustment year (i.e., 2007, 2010, 2013, etc.) (Field and Shelter Service Compensation for Preceding Fiscal Year) x(Sum of Total Compensation Percentage Change for the previous three fiscal years) or (Sum of February- February Percentage Change in CPIU for the previous three fiscal years+ 4.5 whichever is less. In the event, the percentage change in CPIU for anygiven fiscal year is negative, the percentage change in CPIU shall be deemed zero (0). 244475.3 C -1 RD:RLT 3/11/2004 244475.3 A Minimum Scope of Insurance EXHIBIT C INSURANCE Coverage shall be at least as broad as: C -2 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 services hereunder by SAN JOSE, its agents, representatives, employees or subcontractors. 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. 01196); 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 CA0025. 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 damage; and RD: RLT 3/11/2004 2. Automobile Liability. $1,000,000 combined single limit per accident for bodily injury and propertydamage; and 3. Workers' Compensation and Employers' Liability Workers' Compensation limits as required bythe California Labor and Employers Liability lim its 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 SARATOGA, 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 anyindemnityforSARATOGA, its officers, employees, agents and contractors. b. SAN JOSE's insurance coverage shall be primary insurance as respects SARATOGA, its officers, employees, agents and contractors. Any insurance or self-insurance maintained by SARATOGA its officers, employees, agents or contractors shall be excess of SAN JOSE's self- insurance and shall not contribute with it. c. Anyfailure to complywith reporting provisions of the policies by SAN JOSE shall not affect coverage provided SARATOGA, its officers, employees, agents, or contractors. d. Coverage shall state that SAN JOSE's self- insurance shall apply separately to each insured against whom claim 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 SARATOGA with Affidavit of insurance affecting coverage required by this AGREEMENT at the time of contracting and upon expiration of each certificate. 244475.3 C -3 RD :RLT 3/11/2004 E. Subcontractors SAN JOSE shall obtain separate certificates and endorsements for each subcontractor and furnish SARATOGAwith a copy of the certificates and endorsements at the time of contracting or expiration of each certificate. RD: RLT: E RD 4/1/2004 RESOLUTION NO. 72038 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AGREEMENTS WITH THE CITIES OF CUPERTINO, LOS GATOS AND SARATOGA FOR ANIMAL SERVICES Res. No. 72038 WHEREAS, the Animal Care and Services Division 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 licensing; and WHEREAS, it is anticipated that construction of the City's new animal care facility will be completed in the summer of 2004, and upon 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 Gatos, and Saratoga have requested that the City provide complete animal services for their 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: T- 1 1 981 251 305.doc RD:RLT:ERD 4/1/2004 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 a one -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 a one -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 a one -time capital contribution of $300,000. ADOPTED this 6 day of April, 2004, by the following vote: ATTEST: AYES:. T- 11981251305,doc NOES: NONE ABSENT: NONE DISQUALIFIED: NONE DEANNA J. Acting City Clerk ANA CAMPOS, CHAVEZ, CHIRCO, CORTESE, DANDO, GREGORY, LeZOTTE, REED, WILLIAMS, YEAGER; GONZALES 2 RON GONZALES Mayor Res. No. 72038