SECOND AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SILICON VALLEY ANIMAL CONTROL AUTHORITY

This Amendment is made and entered into upon approval by all of the Member Agencies of the Silicon Valley Animal Control Authority ("Authority") as defined in Section 1.14 of the Joint Exercise of Powers Agreement executed by the Member Agencies in June and July of 2000 (hereafter "Agreement").

WHEREAS, the Member Agencies desire to add language to Section 6.1 of the Agreement to require Member Agencies to obtain approval of their allocated proportional share of the budget prior to the Authority Board’s approval of the fiscal year budget or any budget amendments that result in increases in the Member Agencies’ allocated proportional shares during the course of the fiscal year; and

WHEREAS, to accomplish this end, the Member Agencies have approved the amendment to the Joint Exercise of Powers Agreement Creating the Silicon Valley Animal Control Authority, as more particularly specified below.

NOW, THEREFORE, THE MEMBER AGENCIES AGREE AS FOLLOWS:

    1. Section 6.1 of the Agreement shall be amended to insert the following language as a second paragraph in that Section:

      2. Each Member Agency shall approve the contribution of its allocated proportional share of the total estimated annual costs and expenses in the budget, as set forth in Section 6.3, prior to final adoption of the budget by the Board of Directors on or before June 30 of each year. If, during the course of any given fiscal year, there are proposed amendments to the budget that would require increased amounts to be paid by each Member Agency over and above the allocated proportional share attributed to the budget then in effect, the Board of Directors shall not take final action to approve any such budget amendment until each Member Agency has approved payment of its proportional share.

    2. Except as expressly revised by this Amendment, all terms, conditions and requirements as set forth in the Agreement shall remain in full force and effect.

EXECUTION OF AMENDMENT TO AGREEMENT

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Agreement to be executed and attested by their proper officers thereupon duly authorized and their official seals to be hereto affixed on the dates as shown herein.

MEMBER AGENCIES

APPROVED AS TO FORM:

CITY OF CAMPBELL, a municipal corporation

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APPROVED AS TO FORM:

CITY OF CUPERTINO, a municipal corporation

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CITY OF MONTE SERENO, a municipal corporation

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CITY OF SANTA CLARA, a municipal corporation

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APPROVED AS TO FORM:

CITY OF SUNNYVALE, a municipal corporation

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APPROVED AS TO FORM:

CITY OF LOS GATOS, a municipal corporation

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APPROVED AS TO FORM:

CITY OF SARATOGA, a municipal corporation

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