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HomeMy WebLinkAboutMERCY HOUSE LIVING CENTERS, INC. (6);DANCE NOT ON FILE `i7RK MAY NOT PROCEED CLERK OF COUNCIL A-2021-011 JAN 2 9 2021 DATE: FOURTH AMENDMENT TO AGREEMENT WITH MERCY HOUSE LIVING CENTERS TO OPERATE AN INTERIM EMERGENCY HOMELESS SHELTER THIS FOURTH AMENDMENT to the above -referenced agreement is entered into on January L` 2021, 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 ("City"). RECITALS 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 C Agreement'j. B. On October 16, 2018, the parties entered into First Amendment to Agreement No. A-2018- 221-01 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 its obligations under the Agreement. C. On February 5, 2019, the parties entered into Second Amendment to Agreement No. A-2018- 221-02 to increase the amount of funds to be expended in Year 1. of the Agreement due to additional start-up costs incurred by Contractor for improvements made to the premises. D. On February 18, 2020, the parties entered into Third Amendment to Agreement No. A-2020- 022 to increase funding to pay for the deficit accrued in year one and for the ongoing operation of the Link shelter through the end of the Agreement term. E. The Agreement remains in effect, and the parties now wish to further amend the Agreement to again increase funding to cover the operation costs of the Link shelter for the extended term from October 1 through 14, 2020. The Parties therefore agree: 1. Section 3(c), Start -Up Funding and Compensation, is amended to increase the total sum to be expended under the Agreement by up to $153,214.72 to cover operation costs of the Link shelter for the extended term from October 1 through 14, 2020, for a total sum to be expended under this Agreement not to exceed $6,551,337.72, upon receipt from Contractor of proper invoices evidencing costs for services and reimbursable items to be provided by Contractor under the Agreement. 2. Except as modified by this Fourth Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. Page I of 2 A-2021-011 IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. ATTEST of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Mi", By: RYA O. DGE .is ant ij Attorney RECOMMENDED FOR APPROVAL STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA Jd�4 KRISTINE RIDGE City Manager MERCY HOUSE LIVING CENTERS, INC. Z Name: Title: ��{�, ' (.•f CvJ U Page 2 of 2 MERCY-2 OP ID: SO .44CCWzo CERTIFICATE OF LIABILITY INSURANCE OA06/1612020Y) 0611612020 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 pollcy(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 endorsements . PRODUCER Dufour Insurance Services, LLC 5611 Littler Drive Huntington Beach, CA 92649 Stephanie Dufour CONTACT NAME: Stephanie Dufour P"ONE .714-369-2998 arc NP: 714840.6357 ODRESS.' St e hanie dufourinsurance.com INSURERS AFFORDING COVERAGE NAICN INSURER A:Philadelphia indemni 18058 INSURED Mercy House Living Centers P.O. Box 1905 Santa Ana, CA 92702 INSURERS: Philadelphia Indemnity 18058 INSURER C:NOVA Casualty Company 42552 INSURER 0:Philadelphia indemni 18058 INSURER E: AXIS Insurance Company INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMRFR- 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. IL R TYPE OF INSURANCE POLICY NUMBER POLICY EFF MM/D POLICY EXP DD LIMITS GENERAL LIABILITY EACHOCCURRENCE $ 1,000,00 P X COMMERCIALGENERAL LABILITYX CLAIMS -MADE OCCUR X PHPK2127804 0510212020 05/0212021 PREMISES Ea ooc,mmoal $ 100,00 NED EXP(M ana person) S 10,000 A X Prof. Liability PHPK2127804 05102/2020 05102/2021 PERSONAL& ADVINJURY $ 1,000,00 X Sex AbuselMiscond GENEILV. AGGREGATE $ 2,000,00 A PHPK2127804 0510212020 05/0212021 GEN, AGGREGATE X POLICY LIMIT APPLIES PER M JFCTPRO- LOC PRODUCTS - COMP/OP AGO $ 2,000,00 Dad: $0 $ A AUTOMOBILE LIABILITY J ANY AUTO X X PHPK2127804 0510212020 05102/2021 COMBINED SINGLE LIMIT Me a0dortl1,000,00( BODILY INJURY (Par person) $ X X ALL OWNED SCHEDULED AUTOS X AUTOS HIREDAUT05 X NON -OWNED AUTOS � ./ BODILY INJURY(Peracclenl) S PROPERTYD_AIDE T)) E P RACC_ $ 13I0,00 ComplColl Dad. $ 50 X UMBRELLA LIAR X OCCUR EACHOCCURRENCE $ 5,000.00 AGGREGATE $ 51000,00 B EXCESS LIAR CWMS-MADE X X PHUB720686 0510212020 05102/2021 DELI I X I RETENTIONS 10000 S C A WORKERS COMPENSATION a/ AND EMPLOYERS LIABILITYIM ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICEMEMBER (Macla� In NH) tt yos describe Under DESCRIPTION OF OPERATIONS below NIA X F1-WK-10000043-04 (ACCIDENT) PHLY78928850 02/08/20 0 11P111�9 02108�21 11121/202000,00 X KC STATU- X TH- E.L. EACH ACCIDENT E 1,000,00 E.L.EDISEASE-EA EMPLOYE q 1, E.L. DISEASE -POLICY LIMIT $ 11000100 E Cyber Liability ✓ X X RPS AXIS P-077342120 01/29/2020 01/2912021 Per Occ 1,000,00 D DAOI EPLI X I X HSD7506508 1211712019 1211712020 Aggregate 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Anach ACORD 101, Addldonal Remarks Schedule, R mar& apace la reeulrpe) City of Santa Ana, its officers, employees, agents, volunteers and ✓ BY Risk MANAGEMENT DIVISION representatives are named additional insureds with respect to the operations of the named insured 6 this policy is primary per the attached endorsement. O orkes compensation waiver of subrogation included. 30 days notice of ✓ 0 O 2020 cancellation for non-payment of premium. 4 ANGLE ACFVEdO CERTIFICATE HOLDER CANCELLATION ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana - THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, 4th Fir AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 t�-J ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD HOLDERCODE MERCY-2 PAGE NOTEPAD. INSURED'SNAME Mercy House Living Centers OP ID: SD Dam 06116/Y040 Coverage applies to: CDBG Grants ESG Grants HPRP Grants AND Interim Family Shelter- 2300 Redhill, Santa Ana, CA 92705 (added 9/22/2018) REVIEWED & APPROVED By Risk MANnGemeNt DIVISION JMU8!�2121 ANGIE ACEVECIO PI-CA-004 10/14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following is added to SECTION IV -BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Otherinsurance: The Insurance provided by this policy for any additional insured endorsement attached to this policy is primary when primary coverage is required in a written contract. In addition, we will not seek contribution from any insurer when insurance on a non-contributing basis is required in a written contract for any additional insured endorsement attached to this policy. For coverage to apply, the written contract must have been executed prior to the occurrence of "loss." This endorsement supersedes anything to the contrary. REVIEWED & APPROVED By Risk MANAGEMENT DIVISION JU 2020 Page 1 of 1 ANgIIE AmEdo 02014 Philadelphia Consolidated Holding Corp. POLICY NUMBER: PHPK2127804 COMMERCIAL AUTO CA 04 44 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Mercy House Living Centers, Inc Endorsement Effective Date: 05/02/2020 SCHEDULE Name(s) Of Person(s) Or Organization(s): As Required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident" or the "loss" under a contract with that person or organization. REVIEWED d APPROVED By Risk MANAGEMENT DIVISION JU 8 2020 ANGIE ACEVE(ID CA 04 44 03 10 © Insurance Services Office, Inc., 2009 Page 1 of 3 0 POLICY NUMBER: PHPK2127804 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As Required By Written Contract The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. REVIEWED & APPROVED BY Risk N11N-"-c+1Eru DIVISION JUG! 0 8 2020 � ANGIE ACEVEdo CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 11 POLICY NUMBER: PHPK2127804 COMMERCIAL AUTO ISSUE DATE: 5-2-20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Paragraph c, of the WHOS IS AN INSURED provision includes the person or organization indicated below, but only for his, her or its liability because of acts or omissions of an :insured under paragraphs a. or b. of that provision, subject to the following additional provi- sions: Person or Organization The City of Santa Ana, its officers, employees, agents, volunteers and representatives 1. No liability is assumed by that person or or- ganization for the payment of any premiums stated in the policy or earned under the policy. 2. In the event of cancellation of the policy, writ- ten notice of cancellation will be mailed by us to that person or organization. Address: City of Santa Ana 20 Civic Center Drive 411 fir. Santa Ana, CA 92702 REVIEWED & APPROVED By Risk MANAcxmEN1 Dimsion JUIL08 2020 ANgiE AcEvEdo CA T3 01 02 99 Page 1 of 1 ❑ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5 % of the California workers' compensation premium otherwise due on such remuneration. PERSON OR ORGANIZATION THE CITY OF SANTA ANA, 20 CIVIC CENTER PLAZA, SANTA ANA, CALIFORNIA 92702; ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS 2320 REDHILL AVE., SANTA ANA, CA 92705. SCHEDULE JOB DESCRIPTION FUNDING REVIEWED & APPROVED By Risk MAN_gC,EMEM DiViSiON JUL 8 2020 ANgiE Accvedo ©1998 by th Workers Cmperm8m Irtwrame Rating Bureau of Califamia. All rig Ns reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual © 1999. wsLREo POLICY NUMBER: PHPK2127804 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Santa Ana Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown In the Schedule, but only with respect to liability for "bodily injury", "property damage" or 'personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. REVIEWED & APPROVED By Risk MAN,' .EMENT DMSION JUL 8 2020 ANGIE ACEVHJO CG 20 26 04 13 (D Insurance Services Office, Inc., 2012 Page1601`28