Amendment – Rev May 2020
AMENDMENT NUMBER 05
TO CITY OF SAN MARCOS
AGREEMENT NUMBER 6131
This Amendment 05 to Animal Control and Shelter Services (“Amendment 05”) is entered as of ___________________ , 2024 by and between the City of San Marcos, a chartered municipal corporation (“City”), and the San Diego Humane Society, a California non-profit corporation (“Service Provider”), collectively “Parties,” with respect to Original Agreement No. 6131 between the Parties dated June 21, 2019 and any previous amendments thereto (“Agreement”).
1. Under Agreement, Service Provider performs animal control and sheltering services (“Services”) for the City.
2. The terms and definitions used herein are those set forth in the Agreement.
3. Scope of Work
There shall be no change to the Scope of Work.
4. Compensation and Reimbursement
City and Service Provider agree that the annual compensation cost for fiscal year July 1, 2024 – June 30, 2025 shall be amended to an amount Not to Exceed Six Hundred Twenty-Six Thousand Nine Hundred Sixteen Dollars and 00/100 ($626,916.00) in accordance with revised Exhibit B Fee and Expense Schedule attached hereto.
5. Term of Agreement
City and Service Provider agree that the termination date of this Agreement shall be modified and shall end on June 30, 2025.
Section 4 of the Agreement is hereby modified as follows:
The term of this Agreement (“Term”) shall continue in full force and effect until June 30, 2025, unless sooner terminated as provided in Section 5 of the Agreement, below.
All other provisions in Section 4 shall remain the same.
6. This Amendment and the Agreement contain the entire agreement between the Parties with respect to the subject matter hereof, and they supersede all prior or contemporaneous agreements in connection with the subject matter. Nothing in this Amendment relieves the Contractor of its obligation to perform as required by the Agreement or any previous Addendums or Amendments unless expressly stated herein. No modification of this Amendment or the Agreement shall be binding unless executed in writing by the Parties hereto. Except as expressly modified herein, the terms and provisions of the Original Agreement remain in full force and effect.
Amendment – Rev Nov 2016
7. This Amendment and other actions and documents related to the original Agreement may be executed in any number of counterparts, each of which when executed and delivered will for all purposes be deemed to be an original, and all of which taken together will constitute one and the same document. The counterparts of this Amendment and all other actions and documents executed in connection herewith may be executed and delivered by facsimile or other electronic signature by any of the parties to any other party and the receiving party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received. The parties agree that the electronic signature of a party to this Amendment and any other actions and documents related to the original Agreement, shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. The parties agree that any electronically signed document (including this Amendment) shall be deemed (i) to be “written” or “in writing,” (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Amendment – Rev May 2020
IN WITNESS WHEREOF, the Parties have caused this Amendment to be entered into as of the date first set forth above.
CITY:
City of San Marcos,
a chartered municipal corporation
By:___________________________________
Michelle Bender, City Manager
APPROVED AS TO FORM:
By: __________________________________
Helen Holmes Peak, City Attorney
ATTEST:
By:___________________________________
Phillip Scollick, City Clerk
SERVICE PROVIDER*:
San Diego Humane Society,
a California non-profit corporation
By: __________________________________
Name: ___________________________
Title: _____________________________
By: __________________________________
Name: ____________________________
Title: _____________________________
*The Signer(s), for all forms of business, shall provide evidence that the individual(s) signing the Agreement has full power to execute this Agreement and related documents on behalf of the Consultant.
Amendment – Rev Nov 2016
REVISED EXHIBIT B
AMENDED FEE AND EXPENSE SCHEDULE
Any additional costs for unforeseen services which are unique to the CITY and not originally contemplated by this Agreement, shall be made in writing and mutually agreed upon by both PARTIES affected by written authorization.
ANIMAL SERVICES CONTRACT - COMPENSATION AND PROJECTED COSTS FY 2024-25
ANNUAL COMPENSATION FROM SAN MARCOS
FY 2023-24 FY 2024-25 CHANGE
$608,652.00 $626,916.00 $18,264.00 3.0%
Annual change in CPI for All Urban Consumers in San Diego 5.1%
PROJECTED ANIMAL SERVICES COSTS FOR SAN MARCOS
Animal Care 195,522
Admissions 53,550
Veterinary 157,279
Adoptions 38,073
Retail -
Guest Relations 57,094
Foster 12,923
Licensing 24,896
Humane Law Enforcement 202,025
Rescue & Recovery 3,409
Community Engagement -
Community Programs -
Program Administration 30,777
Facilities & Support Services 43,509
Adminstration 10,970
Human Resources 21,520
Information Technology 6,116
Philanthropy -
Communications 3,385
Project Wildlife -
TOTAL EXPENSES 861,049
ADJUST FOR SPACE USED 28,287
ADJUST FOR SPACE PROVIDED -
ADJUST FOR FLEET REPLENISHMENT 12,007
TOTAL ADJUSTED EXPENSES 901,343
LESS: Licensing & Other Fees 84,699
NET PROJECTED COSTS AFTER FEES 816,644
COMPENSATION ACKNOWLEDGEMENT
The City acknowledges compensation to be paid to San Diego Humane Society for the 2024-25 fiscal year will be $626,916.00 billed monthly at $52,243.00 Signature Date
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