07/18/23
AMEND.AGR
SECOND AMENDMENT TO AGREEMENT
This Second Amendment to the Agreement, entered into this ___ day of ___________, 2025, by and between the CITY OF ALAMEDA, a municipal corporation ("the City") and FRIENDS OF THE ALAMEDA ANIMAL SHELTER, a California non-profit public benefit corporation, whose address is 1590 Fortmann Way, Alameda, CA 94501, ( "Provider"), is made with reference to the following:
RECITALS:
A. On July 1, 2021, an agreement was entered into by and between the City and Provider (hereinafter "Agreement") in an amount not to exceed $11,574,639, for operations of the Alameda Animal Shelter.
B. On June 20, 2024, the Agreement was first amended (“First Amendment”) with additional compensation not to exceed $186,000 for services performed during the period between July 2023 and June 30, 2024, and with a total aggregate compensation not to exceed $11,760,639.
C. Whereas, the City Council authorized the City Manager to execute this First Amendment on June 3, 2024.
D. The City and Provider desire to modify the Agreement and First Amendment on the terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. Paragraph 3, COMPENSATION TO PROVIDER, is modified to read as follows:
Provider shall be compensated for the services performed in accordance with the Agreement and First Amendment. Additionally, Provider shall be compensated for services performed during the period between July 1, 2024 and June 30, 2025. Additional compensation for services performed pursuant to the Second Amendment shall not exceed $267,692. Total Compensation for this Agreement, as amended, shall not exceed $12,028,331.
4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.
Signatures on following page
Docusign Envelope ID: B3F44ED7-12FA-469C-A369-9DE74A4469A6 Docusign Envelope ID: 2433C047-69B8-4489-BDB3-D8F7B555F0E5 07/18/23
AMEND.AGR
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed on the day and year first above written.
FRIENDS OF THE ALAMEDA
ANIMAL SHELTER CITY OF ALAMEDA
A California non-profit public benefit A Municipal Corporation corporation
_________________________________ ____________________________________ John L. Lipp Jennifer Ott
Chief Executive Officer City Manager
RECOMMENDED FOR APPROVAL:
____________________________________
Sarah Henry
Communications & Legislative Affairs Officer
APPROVED AS TO FORM:
City Attorney
____________________________________
Michael H. Roush
Special Counsel
Docusign Envelope ID: B3F44ED7-12FA-469C-A369-9DE74A4469A6 Docusign Envelope ID: 2433C047-69B8-4489-BDB3-D8F7B555F0E5
08/07/2024Fidelity Insurance Servicea member of United Valley801 Allston WayBerkeleyCA94710Aliyyah Harvey(510) 548-8200(510) [email protected] of Alameda Animal Shelter1590 Fortmann WayAlamedaCA94501Arch Insurance CompanyGreenwich Insurance Company33233CL248723109AYMKPK0958940308/20/202408/20/20251,000,0001,000,00010,0001,000,0002,000,0002,000,000AMKPK0958940308/20/202408/20/20251,000,000Medical payments5,000AMKUM0977940308/20/202408/20/20252,000,0002,000,000BCommercial Property276587801/01/202501/01/2026Building$ 1,810,000Deductible$ 1,000City of Alameda, its council, boards, commisions, officials, employees, and volunteers are additional insured on a primary and non-contributory basis inregards to the operations of the insured when required by written contract. A 10-day notice of cancellation will be provided in the event of change orreduction in coverage.Risk Management Dept. City of Alameda, Attorney's Office2263 Santa Clara AveAlamedaCA94501 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGEINSURER F :INSURER E :INSURER D :INSURER C :INSURER B :INSURER A :NAIC #NAME:CONTACT(A/C, No):FAXE-MAILADDRESS:PRODUCER(A/C, No, Ext):PHONEINSUREDREVISION NUMBER:CERTIFICATE NUMBER:COVERAGESIMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:(Per accident)(Ea accident)$$N / ASUBRWVDADDLINSDTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.$$$$PROPERTY DAMAGEBODILY INJURY (Per accident)BODILY INJURY (Per person)COMBINED SINGLE LIMITAUTOS ONLYAUTOSAUTOS ONLYNON-OWNEDSCHEDULEDOWNEDANY AUTOAUTOMOBILE LIABILITYY / NWORKERS COMPENSATIONAND EMPLOYERS' LIABILITYOFFICER/MEMBER EXCLUDED?(Mandatory in NH)DESCRIPTION OF OPERATIONS belowIf yes, describe underANY PROPRIETOR/PARTNER/EXECUTIVE$$$E.L. DISEASE - POLICY LIMITE.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENTEROTH-STATUTEPERLIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)EXCESS LIABUMBRELLA LIAB$EACH OCCURRENCE$AGGREGATE$OCCURCLAIMS-MADEDEDRETENTION$ $PRODUCTS - COMP/OP AGG$GENERAL AGGREGATE$PERSONAL & ADV INJURY$MED EXP (Any one person)$EACH OCCURRENCEDAMAGE TO RENTED$PREMISES (Ea occurrence)COMMERCIAL GENERAL LIABILITYCLAIMS-MADEOCCURGEN'L AGGREGATE LIMIT APPLIES PER:POLICYPRO-JECTLOC
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
CANCELLATIONAUTHORIZED REPRESENTATIVEACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved.CERTIFICATE HOLDERThe ACORD name and logo are registered marks of ACORD
HIREDAUTOS ONLY
Docusign Envelope ID: 2433C047-69B8-4489-BDB3-D8F7B555F0E5 5/21/2025
08/07/2024Fidelity Insurance Servicea member of United Valley801 Allston WayBerkeleyCA94710Aliyyah Harvey(510) 548-8200(510) [email protected] of Alameda Animal Shelter1590 Fortmann WayAlamedaCA94501Arch Insurance CompanyGreenwich Insurance Company33233CL248723109AYMKPK0958940308/20/202408/20/20251,000,0001,000,00010,0001,000,0002,000,0002,000,000AMKPK0958940308/20/202408/20/20251,000,000Medical payments5,000AMKUM0977940308/20/202408/20/20252,000,0002,000,000BCommercial Property276587801/01/202501/01/2026Building$ 1,810,000Deductible$ 1,000City of Alameda, its council, boards, commisions, officials, employees, and volunteers are additional insured on a primary and non-contributory basis regardsto the operations of the insured when required by written contract. A 10-day written notice will be provided in the event of change or reduction in coverage.City of Alameda2263 Santa Clara AveAlamedaCA94501 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGEINSURER F :INSURER E :INSURER D :INSURER C :INSURER B :INSURER A :NAIC #NAME:CONTACT(A/C, No):FAXE-MAILADDRESS:PRODUCER(A/C, No, Ext):PHONEINSUREDREVISION NUMBER:CERTIFICATE NUMBER:COVERAGESIMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:(Per accident)(Ea accident)$$N / ASUBRWVDADDLINSDTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.$$$$PROPERTY DAMAGEBODILY INJURY (Per accident)BODILY INJURY (Per person)COMBINED SINGLE LIMITAUTOS ONLYAUTOSAUTOS ONLYNON-OWNEDSCHEDULEDOWNEDANY AUTOAUTOMOBILE LIABILITYY / NWORKERS COMPENSATIONAND EMPLOYERS' LIABILITYOFFICER/MEMBER EXCLUDED?(Mandatory in NH)DESCRIPTION OF OPERATIONS belowIf yes, describe underANY PROPRIETOR/PARTNER/EXECUTIVE$$$E.L. DISEASE - POLICY LIMITE.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENTEROTH-STATUTEPERLIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)EXCESS LIABUMBRELLA LIAB$EACH OCCURRENCE$AGGREGATE$OCCURCLAIMS-MADEDEDRETENTION$ $PRODUCTS - COMP/OP AGG$GENERAL AGGREGATE$PERSONAL & ADV INJURY$MED EXP (Any one person)$EACH OCCURRENCEDAMAGE TO RENTED$PREMISES (Ea occurrence)COMMERCIAL GENERAL LIABILITYCLAIMS-MADEOCCURGEN'L AGGREGATE LIMIT APPLIES PER:POLICYPRO-JECTLOC
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
CANCELLATIONAUTHORIZED REPRESENTATIVEACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved.CERTIFICATE HOLDERThe ACORD name and logo are registered marks of ACORD
HIREDAUTOS ONLY
Docusign Envelope ID: 2433C047-69B8-4489-BDB3-D8F7B555F0E5