FULL AGENDA PACKET_2021-04-06 - Laserfiche WebLink

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Exhibit A and incorporaled in full. Contractor shall provide at least 75 beds for the City, with a guarantee of up to 100 beds if needed. All Services .~hall be performed at the Fttlle-t[nn Shcltcr, owned by the Contractor and acceptable ur the City, and in accordance. with the provisions of this Agreement and all applicable local, state, and federal laws, rules, and regulations. 13. Contractor shall ensure that any equipment purchased with I"unds pursuant to thi Agreement, and utilized for and at the Fullerton Shelter, will be disposed of in accordatce with the direction of the City. lu addition, all equipnunt till wished to the Contractor by the City and/or purchased by the Contractor with funds pursuant to this Agreement, will be limited to use within the activities outlined by this Agreement and will remain the propcl-ty of the City- ilpon termination of this Agrecrnretrt, Contractor will ituniediately return all cquipinent to the City or dispose of it in accordance with the direction of the City. 2. (EFFECTIVENESS AND TERM OF AGREEMENT a. The Fullerton Shelter is located at 3535 W. Cotnmonwcallh Avenue in Fullerton CA (`.Site"). b- This Agreement will continence upon the date first written above and continue through September 30, 2021 (::Tani"), unless terntinatcd earlier ill accordance with Section 15, below. Services shall commence oti or before April 20. 2021 ("Effective Date"). The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. c. The City shall indernin fy, delentl and hold harmless Contractor lion any loss, claim or damage arising, out of or resulting from any breach by the City of its obligations under this Agreement, including without limitation the City's failure to pay sums required hereunder. The Contractor acknowledges that City is entering into this Agreement in reliance on the Contractor's performance of its obligations unde-this Agreement- The Contractor shall indemnify, defend and hold harmless City froin any loss, claim or damage arising out of or resuhing from any breach by the Contractor of its obligations under this Ag'reenncnt, including without limitation the Contractor's 0tilure to operue the Fullerton Shelter and Services required hereunder which City will rely upon to litltill City's obligations under thi.s Agreement, but excluding, the Conti -actor's failttrc to pay stints to be titndcd by the City under this Agreement. 3. COMPENSATION a. From and alter the Effective Date, City shall pay Contractor the flat monthly fee of $230.000 as compensation for all Services rendered under this Agreement for tip to 75 individuals during the form as provided in ICxhibit It attached hereto and incorporated herein by reference. I f the daily census exceeds 75 for any days during the month, a true -up calculation can be made in arrears monthly at a per diem rate of$55 per individual in excess of 75. An audit of expenses will be wnducted on a monthly basis to reconcile any over or under -payment of expenses by the City. In City Council 22 — 5 4/6/2021 Pagc. 2 of