HomeMy WebLinkAboutAgreement A-24-328 Amendment I to Agreement with FHAS.pdf Agreement No. 24-328
1 AMENDMENT ITO AGREEMENT
2 THIS AMENDMENT, hereinafter referred to as Amendment I, is made and entered into this
3 18t" day of June , 2024, by and between the COUNTY OF FRESNO, a Political Subdivision of
4 the State of California, hereinafter referred to as "COUNTY", and FRESNO HUMANE ANIMAL
5 SERVICES, a California Non-Profit Public Benefit Corporation, whose address is 2789 S. Orange
6 Avenue, Fresno, CA 93725, hereinafter referred to as "CONTRACTOR" (collectively the "parties").
7 WITNESSETH:
8 WHEREAS, on October 22, 2019, the COUNTY and CONTRACTOR entered into Agreement
9 No. 19-562 ("Original Agreement") for shelter-master, shelter and emergency veterinary services for
10 animal from the unincorporated areas of the County, pursuant to Food and Agricultural Code,
11 Sections 31105 and 31106, Penal Code, Section 597f, and Fresno County Ordinance Code,
12 Chapters 9.01 through 9.12; enforcement of dog licensing and animal control, pursuant to Fresno
13 County Ordinance Code, Chapters 9.04 through 9.12 and California State laws pertaining to animal
14 control; and
15 WHEREAS, the CONTRACTOR moved to the new animal shelter ("Shelter") located at 1510
16 West Dan Ronquillo Drive, Fresno, California 93706 in April of 2022, which has an increased capacity
17 of 159% from the previous shelter located at 760 W. Nielsen, Fresno, California 93706; and
18 WHEREAS, Clause 3 "Compensation for Services and Reimbursement of Expenses" of the
19 Original Agreement states a re-evaluation of shelter costs will be conducted one (1) year after the
20 completion of the Shelter, on or around April 2023. The Department of Public Health (DPH) and
21 CONTRACTOR did not have sufficient data at that time to accurately assess the operational costs or
22 expenditure trends; and
23 WHEREAS, in January 2024, DPH began an operational audit and concluded there is not
24 sufficient funding in the Original Agreement to support the Scope of Work activities.
25 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
26 hereto agree to amend the Agreement as follows:
27 1. That COUNTY Agreement No. A-19-562, Section Two (2) "TERM OF
28 AGREEMENT', at Page Four (4), beginning with Line Two (2) "The" and ending on Page Two (2),
1 - COUNTY OF FRESNO
Fresno,CA
I Line Twelve (12) after the word "Services" is replaced as follows:
2 "A. The term of this Agreement shall be for a period of six (6) years, commencing on January 1,
3 2020 and including December 31, 2025 unless terminated earlier as set forth in Section IV or written
4 notice of non-renewal is given either by CONTRACTOR or COUNTY's DPH Director, or designee, not
5 later than one-hundred eighty (180) days prior to the close of the current Agreement term. In no
6 event shall this Agreement extend beyond December 31, 2025, except as provided in the following
7 paragraph.
8 B. Upon expiration or termination of this Agreement, CONTRACTOR shall aide the COUNTY
9 in continuing, uninterruptedly, the requirements of this Agreement, by continuing to perform on a
10 temporary basis, when specifically requested to do so in writing by COUNTY's authorized
11 representative, for a specified term not to exceed 12 months. Such continuance shall be on the same
12 terms and conditions as provided in this Agreement, except the COUNTY may request part or all of
13 the services to be performed and payment will be limited to the Compensation Schedule for such
14 services."
15 2. That COUNTY Agreement No. A-19-562, Section Three (3) "COMPENSATION
16 FOR SERVICES AND REIMBURSEMENT OF EXPENSES", at Page Four (4), beginning with Line
17 Fourteen (14) "In" and ending on Page Four (4), Line Sixteen (16) after the phrase "Exhibit B" is
18 replaced as follows:
19 "A. In consideration of CONTRACTOR's performance hereunder including services, and subject to
20 the terms and conditions herein, the COUNTY agree to compensate CONTRACTOR according to,
21 and in the manner provided in, the Compensation Schedule, attached hereto as Exhibit B-1."
22 3. That COUNTY Agreement No. A-19-562, Section Three (3) "COMPENSATION
23 FOR SERVICES AND REIMBURSEMENT OF EXPENSES", at Page Six (6), beginning with Line
24 Four (4) "For" and ending on Page Six (6), Line Twenty-Seven (27) after the word "month" is replaced
25 as follows:
26 "c. For every 12-month term beginning with January 1, 2023 through December 31, 2025, a cost
27 of living adjustment based on the lesser of 3% or the then current Pacific Region Consumer Price
28 Index (CPI). In addition, CONTRACTOR will receive an increase of$1,000,000 in 2024 to
- 2 - COUNTY OF FRESNO
Fresno,CA
I Compensation Maximum (Table A):
2 Contract Period Maximum Compensation
3 Jan. 1, 2020— Dec. 31, 2020 $1,788,986
4 Jan. 1, 2021 — Dec. 31, 2021 $1,668,317
5 Jan. 1, 2022 — Dec. 31, 2022 $1,765,008
6 Jan. 1, 2023— Dec. 31, 2023 $1,935,096
7 Jan. 1, 2024— Dec. 31, 2024 $2,782,630
8 Jan. 1, 2025— Dec. 31, 2025 $1,833,649
9
10 In no event shall services under this Agreement be in excess of Eleven Million, Seven Hundred
11 Seventy-Three Thousand, Six Hundred and Eighty-Six and 00/100 Dollars ($11,773,686) during the
12 term of this Agreement. It is understood that all expenses incidental to CONTRACTOR's
13 performance of services under this Agreement shall be borne by CONTRACTOR. COUNTY's
14 payments shall be made in advance (except for Emergency Veterinary Services, Contingency Fund,
15 Disaster Plan, and Sheriff's Office expenses) on the tenth (10t") day of each month for the month in
16 which services are provided."
17 4. The parties agree that this Amendment may be executed by electronic signature as
18 provided in this section. An "electronic signature" means any symbol or process intended by an
19 individual signing this Amendment to represent their signature, including but not limited to (1) a digital
20 signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned
21 and transmitted (for example by PDF document) of a handwritten signature. Each electronic signature
22 affixed or attached to this Amendment (III) is deemed equivalent to a valid original handwritten
23 signature of the person signing this Amendment for all purposes, including but not limited to
24 evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect
25 as the valid original handwritten signature of that person. The provisions of this section satisfy the
26 requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act
27 (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital
28 signature represents that it has undertaken and satisfied the requirements of Government Code
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Fresno,CA
I section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely
2 upon that representation. This Amendment is not conditioned upon the parties conducting the
3 transactions under it by electronic means and either party may sign this Amendment with an original
4 handwritten signature.
5 5. COUNTY and CONTRACTOR agree that this Amendment I is sufficient to amend the
6 Agreement; and upon execution of this Amendment I, the Agreement and Amendment I together shall
7 be considered the Agreement.
8 6. The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
9 covenants, conditions and promises contained in the Agreement, and not amended herein, shall
10 remain in full force and effect. This Amendment I shall be effective June 18, 2024.
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- 4 - COUNTY OF FRESNO
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1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment I as of the day
2 and year first hereinabove written.
3
CONTRACTOR COUNTY OF FRESNO
4 FRESNO HUMANE ANIMAL SERVICES
5 8rmpa.,
Authorized Signature Nathan Magsig, Chairman of the Board of
7 Supervisors of the County of Fresno
8 Brenda Mitchell / President
Print Name and Title
9 Date: (o o2 0 02 4
10
11 ATTEST:
Bernice E. Seidel
12 Clerk of the Board of Supervisors
County of Fresno, State of California
13
14 By.
15 Deputy
16
17 FOR ACCOUNTING PURPOSES ONLY:
18 Fund/Subclass: 0001/10000
Account/Program: 7295/0
19 Organization: 56204762
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Fresno,CA
FRESNO HUMANE ANIMAL SERVICES Exhibit B-1
COMPENSATION SCHEDULE
Jan 1,2020-Dec.31,2020 Jan 1,2021-Dec.31,2021 Jan.1,2022-Dec.31,2022 Jan.1,2023-Dec.31,2023 Jan.1,2024-Dec.31,2024 Jan.1,2025-Dec.31,2025
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6
Shelter Operations
Salaries $ 582,088 $ 599,551 $ 617,538 $ 636,064 $ 655,146 $ 674,800
Benefits $ 128,758 $ 132,621 $ 136,600 $ 140,698 $ 144,919 $ 149,267
ACT Space Rental $ 30,000 $ 30,000
Services&Supplies $ 276,593 $ 284,891 $ 293,438 $ 302,241 $ 661,308 $ 320,647
Spay/Neuter Program $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 100,000 $ 50,000
Feral Cat Program $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000
Vehicle Purchases $ 80,000
Vehicle Costs&Equipment $ 11,139 $ 11,473 $ 11,817 $ 12,172 $ 12,537 $ 12,913
Other $ 15,118 $ 15,572 $ 16,039 $ 16,520 $ 17,016 $ 17,526
Total Shelter Operations $ 1,123,696 $ 1,154,108 $ 1,235,432 $ 1,187,695 $ 1,620,926 $ 1,255,153
Field Services
Salaries $ 270,534 $ 278,650 $ 287,010 $ 295,620 $ 304,489 $ 313,624
Standby&Overtime $ 16,126 $ 16,610 $ 17,108 $ 17,621 $ 18,150 $ 18,695
Benefits $ 65,552 $ 67,519 $ 69,545 $ 71,631 $ 73,780 $ 75,993
Services&Supplies $ 5,941 $ 6,119 $ 6,303 $ 6,492 $ 56,687 $ 6,888
Vehicle Purchases $ 166,000 $ 202,000
Vehicle Costs&Equipment $ 35,699 $ 36,770 $ 37,873 $ 39,009 $ 40,179 $ 41,384
Other $ 2,652 $ 2,732 $ 2,814 $ 2,898 $ 2,985 $ 3,075
Total Field Services $ 562,504 $ 408,400 $ 420,653 $ 635,271 $ 496,270 $ 459,659
Total Shelter and Field Services $ 1,686,200 $ 1,562,508 $ 1,656,085 $ 1,822,966 $ 2,117,196 $ 1,714,812
Emergency Vet Services* $ 47,741 $ 49,173 $ 50,648 $ 52,167 $ 103,732 $ 55,344
Contingency Fund** $ 53,045 $ 54,636 $ 56,275 $ 57,963 $ 559,702 $ 61,493
Service provided to Sheriff's Office $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000
GRAND TOTAL $ 1,788,986.00 $ 1,668,317.00 $ 1,765,008.00 $ 1,935,096.00 $ 2,782,630.00 $ 1,833,649.00
$ 1,000,000.00 $
Emergency veterinary costs are paid by COUNTY upon approval of invoice remitted by FHAS in accordance with Agreement provisions.
Contingency Funds shall provide for sudden or unantipated expenses required of FHAS by COUNTY. Anticipated expenditures should be approved by County in advance and requests for payment shall be invoiced.
Compensation for renewal periods years 2 and 3 shall increase at a rate of three percent(3%)from the prior year compensation,less purchases of new vehicles.
Budget Increase Summary
Current Maximum Amended Maximum Increase($) Increase(%)
CY 2024 $1,782,630 $2,782,630 $1,000,000 56%
CY 2025 $1,833,649 $1,833,649 $0 0%
Total $3,616,279 $4,616,279 $1,000,000 28%
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FRESNO HUMANE ANIMAL SERVICES Exhibit B-1
COMPENSATION SCHEDULE
Compensation Schedule
MonthlyAdvancel Emergency Vet Contingency Vehicle Purchase Sheriff's Office Total
12 Monthly Payments January 2020-December 2020 1 126,683
TOTAL 1,520,200 47,741 53,045 166,000 2,000 1,788,986
12 Monthly Payments January 2021 -December 2021 130,209
TOTAL 1,562,508 49,173 54,636 2,000 1,668,317
12 Monthly Payments January 2022-December 2022 131,340
TOTAL 1,576,085 50,648 56,275 80,000 2,000 1,765,008
12 Monthly Payments January 2023-December 2023 135,081
TOTAL 1,620,966 52,167 57,963 202,000 2,000 1,935,096
6 Monthly Payments JJanuary 2024-June 2024 138,933
6 Monthly Pa ments IJuly 2024-December 2024 213,933
TOTAL 2,117,196 103,732 559,702 2,000 2,782,630
12 Monthly Payments January 2025-December 2025 142,901
TOTAL 1,714,812 55,344 61,493 2,000 1,833,649
Total Compensation 10,111,767 358,805 843,114 448,000 12,000 11,773,686
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