HomeMy WebLinkAboutILLUMINATION FOUNDATION (18)SEP 16 2021 A-2021-174
INSURANCE NOT ON FILE
WORK MAY NOT PROCEEDFIRST AMENDMENT TO OPERATING AGREEMENT WITH
CLERK OF COUNCIL THE ILLUMINATION FOUNDATION FOR USE OF
DATE; THE FULLERTON RECUPERATIVE CARE CENTER
THIS FIRST AMENDMENT to the above -referenced agreement is entered into on September 8,
2021, by and between The Illumination Foundation ("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").
v 6VA( trr-, H (SM) 1 RECITALS
A. The parties entered into Agreement No. A-2021-046, dated April 6, 2021, by which
Contractor agreed to administer and operate a portion of the Fullerton Recuperative
Care Center to temporarily house clients referred by the City and Street Outreach teams
("Agreement').
B. In accordance with the terms and conditions of said Agreement, the Parties desire to
amend Section 2 — Effectiveness and Term of Agreement, to extend the Term of said
Agreement, and Section 3 — Compensation, to increase the maximum amount of
Compensation for said Agreement.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions of said Agreement, except as herein modified, the parties agree as follows:
Section 2(b), Effectiveness and Term of Agreement, shall be amended to extend the end date
of the Term of said Agreement from September 30, 2021, through the date upon which the
City decides in its sole discretion to complete the transfer of City guests at the Fullerton Shelter
to the new Camegie Navigation Center, which shall be no later than November 30, 2021, unless
terminated earlier in accordance with Section 15. City shall provide Contractor with fourteen
(14) day written notice of the final date of transfer of City guests to the new Carnegie
Navigation Center, which date shall serve as the end of the Term of this Agreement. If
necessary, the Term of this Agreement may be extended upon a writing executed by the City
Manager and the City Attorney.
2. Section 3(b), Compensation, shall be amended to increase the maximum amount of
compensation by three hundred thousand dollars ($300,000.00), such that the total sum to be
expended under said Agreement shall not exceed one million eight hundred thousand dollars
($1,800,000.00) during the Term of said Agreement. This total not to exceed amount of
compensation is not guaranteed to Contractor. Rather, Contractor will only be paid for
sufficient services provided during the Term of said Agreement. Once said Agreement is
terminated, or the Term is ended as detailed in section 2(b) above, the City shall not be
responsible for any further payments to Contractor other than payment for services provided
by Contractor during the Term of the Agreement.
3. Except as modified by this First Amendment, all terms and conditions of said Agreement shall
remain in full force and effect.
Page 1 of 2
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to said
Agreement on the date and year first written above.
ATTEST
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Al j%`
By:
RYA O. qODGE
Assistdtit City Attorney
RECOMMENDED FOR APPROVAL
STEVEN A. MENDOZA
Executive Director
Community Development Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
THE ILLUMINATION FOUNDATION
Z' '"
Name: John H. Ing
Title: Chief Financial Officer
Page 2 of 2