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Home My WebLink AboutMERCY HOUSE LIVING CENTERS, INC. (2)t,iMIJG'r O1J i d.,(. rir MAW PP,Gf l D � i�r;fhFNGECXPi��Ei. MAR k-kwF7� V, THIS FIRST AMENDMENT to the above -referenced agreement is entered into on October 16, 2018, by and between Mercy House Living Centers, Inc, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California A !? A, The parties entered into Agreement No, A-2018-221, dated September 18, 2018, by which Contractor agreed to administer and operate an interim, low barrier emergency homeless shelter in the City of Santa Ana ('Agreement"). B. The City wishes to provide additional indemnification in favor of Contractor relating to certain of Contractor's obligations under the separate, written lease entered into by Contractor to secure the premises for Contractor's obligations under the Agreement, C. The parties now wish to amend the Agreement accordingly, The Parties therefore agree: 1. Section 8, Indemnification, is deleted In its entirety and replaced in its entirety with the following; City and Contractor agree to Indemnify, defend, and bold harmless each other, including their respective officers, directors, employees, representatives, agents, successors, and assigns, from and against all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including; without limitation, reasonable attorney's fees) (Collectively, "Claims and Damages') to the extent arising out of their respective broach of this Agreement and/or negligence or willful misconduct in the performance of their respective obligations under this Agreement, Additionally, and notwithstanding the foregoing mutual indoranffication, City shall also independently indemnify, defend, and hold Contractor (and its officers, directors, employees, representatives, agents, successors, and assigns) harmless from any and all Claims and Damages to which Contractor may become subject under the written lease entered into by Contractor to secure the premises for its obligations under this Agreement, which such Claims and Damages for the purposes hereof shall include, without limitation, any payments of rent, monies, lost profits, or other consequential damages arising from any holdover and failure to timely surrender and vacate the premises and deliver possession of the premises to the Lessor thereof at the time and in the manner Cad condition required by such lease, The property owner (Lessor) from which Contractor losses the premises for Contractor's obligations under this Agreement shall be considered a third party beneficiary of this indemnification by City with respect to such payments of rent, monies, lost profits, or other consequential damages arlsing from holdover and failure to timely paga 1 of 2 EXHIBIT 1 amender and vacate the promises and deliver possession of the promises to the Lessor thereof at the time and 1A the manner and condition required by the Lease. All indemnification obligations in this section 8 shall survive expiration of this Agreement, 2, Except as modified by this First Amendment, all terns and conditions of the Agreement shall remain in full force and effect, IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement cm the data arrdyewfi-rst written above -------- ---- ---- — — ---- :YNR'•- ' ATTEST. Norma Mitre Actina Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: N. r JQAN M. FUNIC Assistant City Attorney RECOMMENDED FOR APPROVAL Robert Cortez Deputy City Manager CITY OF SANTA ANA STEVEN A. MENDOZA Acting City Manager MERCY HOUSE LIVING CENTERS, INC. arae: 7'7 Title; Page 2 of 2 25F-4 mwagsmffi•` ! ! A rzv.. CERTIFICATE OF LIABILITY INSURANCE TE IMMDNYYY) DA02/21/2019 9zrzvzals THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemen# s . PRODUCER Dufour Insurance Services, LLC 5611 Littler Drive Huntington Beach, CA 92649 Stephanie Dufour CONTACT Stephanie Dufour NAME: _ °A Z ..714.36992998 LA No): 71 14-840.8357 F,MAILss: Stephanie@dufourinsurance.com INSURERS AFFORDING COVERAGE NAC# A INSURER A: Great American Insurance Compa 16691 INSURED Mercy House Living Centers P.O. Box 1905 Santa Ana, CA 92702 _ INSURER a: Great American Insurance Compa 16691 INSURER C: NOVA Casualty Company 42552 INSURER D: Great American Insurance Group 37532 ................... INSURER E: Philadelphia Indemnity 18058 INSURER F: A COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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. /LTR ^TYPE OF INSURANCE DDL NSR U WW_ POLICY NUMBER POLICY EFS MM �DIYEX LIMITS Santa Ana, CA 92702 GENERAL LABILITY EACH OCCURRENCE $ 1,000,09 A X COMMERCIAL GENERAL LIABILITY Y PAC426088203 05102!2018 E ftEN .....�_. 0510212019 PREMISES Ea oc�rran s 100,00 CLAIMS-MACEI OCCUR MED EXP {Ary one person} $ 10,99 A X Prof. Liability PAC426088203 0510212018 05102/2019 PERSONAL& ADV INJURY $ 1,000,00 A X Sex AbuselMiscond PAC426088203 05/02/2018 05/02/2019 GENERAL AGGREGATE $2,000,00 _ GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,009,09 _X1 POLICY JECTPRO- LOC Dad: $0 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,999,90 To accldenl AANY AUTO Y CAP 188045404 05/0212018 05/02/2019 BODILY INJURY (Per person) $ ALL OWNED X SCHEDULED AUTOS BODILY INJURY (Per asocant) $ X HIREDAU'rOS X NON -OWNED AUTOS PROPERTY DAMAGE $ 130,00 PERACCIDENT Comp/Coil Dad. 8 50 X UMBRELLA DAB X OCCUR EACHOCCURRENCE $ 5,990,99 B ExcEss LIAB CLAIMS -MADE Y DMB 426088303 0510212018 0510212019 AGGREGATE $ 5,900,99 D'cD X RETENTION$ 10009 $ WORKERS COMPENSATION X WC STATU- X OTH- AND EMPLOYERS' LIABILITY YIN ORY LIMITS _-- C ANY PROPRIETOR/PARTNEREXECUTIVE CFt-WK-10000043.03 02/0612919 02106/2020 E.L. EACH ACCIDENT $ 1,000,99 E OFFICEWMEMBPR EXCLUDED? NIA (Mandatory In NH) (ACCIDENT) PHLY78928850 11/2112016 -- --- 11/21/2019 E.L. DISEASE-EAEMPLOYEL$ 1,000,09 Iyea,dea rits.undo, DE 5CRIP'IION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,00 D Cyber Liability Y NLP3642944 01/2912019 01/29/2020 Per Occ 1,000,00 E D&O/EPLI Y PHSD1173663 10/1712018 10/17/2019 Aggregate 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) City of Santa Ana, its officers, employees, agents, volunteers and IYyOYp representatives are named additional insureds with respect to the operations of the named insured & this policy is primary per the attached endorsement. RR✓" Workes compensation waiver of subrogation included, 10 days notice, of G cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Santa Ana City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Frank Hernandez ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Box 1988 AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD