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HomeMy WebLinkAboutILLUMINATION FOUNDATION (25)INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE. A-2022-051 FOURTH AMENDMENT TO OPERATING AGREEMENT WITH A P R 14 2022 THE ILLUNHNATION FOUNDATION FOR USE OF THE FULLERTON RECUPERATIVE CARE CENTER THIS FOURTH AMENDMENT to the above -referenced agreement is entered into on April 5, 2022, 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"). �)(s�)C 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. The parties entered into a First Amendment to said Agreement No. A-2021-174 dated September 8, 2021, in order to extend the Term of said Agreement and to increase the maximum amount of Compensation for said Agreement. C. The parties entered into a Second Amendment to said Agreement No. A-2021-228 dated November 16, 2021, in order to again extend the Term of said Agreement. D. The parties entered into a Third Amendment to said Agreement No. A-2022-006-01 dated January 18, 2022, in order to again extend the Term of said Agreement and increase the maximum amount of Compensation for said Agreement. E. In accordance with the terms and conditions of said Agreement, as amended, the Parties desire to again 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, as amended, except as herein modified, the parties agree as follows: Section 2(b), Effectiveness and Term of Agreement, shall be amended to extend the potential no later than end date of the Term of said Agreement to June 30, 2022, subject to the termination provisions in the First Amendment to said Agreement. Said extension shall apply to any and all services provided under said Agreement since February 28, 2022. Section 3(b), Compensation, shall be amended to increase the maximum amount of compensation by one million one hundred thousand dollars ($1,100,000.00), such that the total sum to be expended under said Agreement shall not exceed three -million two -hundred and seventy-eight thousand dollars ($3,278,000.00) during the Term of said Agreement, subject to the termination provisions in the First Amendment to said Agreement. Page 1 of 2 A-2022-051 3. Except as modified by this Fourth Amendment, all terms and conditions of said Agreement, as modified by the First, Second, and Third Amendments, shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Fourth Amendment to said Agreement on the date and year first written above. ATTEST N �. DAISY GOMEZ F'{ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City A 7,6 By: AssistMt City Attorney RECOMMENDED FOR APPROVAL C PA STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager THE ILLUMINATION FOUNDATION Page 2 of 2 N H. ING Financial Officer Francine R. Digitally signed by Francine R. Villareal i� II; ) Date: 202101.27 17 24A8 '�� o® CERTIFICATE OF LIABILITY INSURANCE 'area °Av a s/zozz 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(ies) must have ADDITIONAL INSURED provisions or 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 endorsement(s). PRODUCER Bowermaster & Associates 10805 Holder St CONTACT NAME: Lizette Orozco PHONE 714-733-6248 FAX No: E-MAIL ADoaess, lorozco@bowermaster.com Ste 350 Cypress CA 90630 INSURERS AFFORDING COVERAGE NAIC# INSURER A: Philadelphia Indemnity Insurance 18058 INSURED ILLUFOU-01 The Illumination Foundation 1091 N. Batavia Street INSURER B: Nonprofits' Insurance Alliance of California 11384 INSURER C: Cypress Ins Co 10855 INSURER D Orange CA 92867 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 1919030540 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. INSR LTR TYPE OF ADDLSUBR POLICYNUMBER POLICY EFF tMMIDDNYYYI POLICY EXP (MMIDDIYYYY LIMITS B X COMMERCIAL GENERAL LIABILITY CL41MS-MADE FxIOCCUR y 2021-24712 9/15/2021 9/15/2022 EACH OCCURRENCE $1,000,000 U RENTED Ea cccurmnce $500,000 X Any one person) $ 20,000 Prof Liability L&AOV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY jEa LOG AGGREGATE ro $3,000,000 S-COMP/OP AGG $3,000,000 $ OTHER: B AUTOMOBILE LIABILITY 2021-24712 9/15/2021 9/15/2022 SINGLELIMIT t $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY B X UMBRELLA LIAB X OCCUR 2021-24712-UMB 9/15/2021 9/15/2022 EACH OCCURRENCE $7,000.000 AGGREGATE $7,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ILWC310553 1/1/2022 1/1/2023 X I PER OTH- STATUTE ER E.L. EACH ACCIDENT $1.000,000 ANYPROPRIETOWPARTNERIEXECUTIVE ❑ OFFICERIMEMBEREXCLUDED9 NIA E.L. DISEASE - EA EMPLOYEE $1.000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE LIMIT $1.000,000 A B Commercial Cyber Liability Improper Sexual Conduct PHSD1575498 2021-24712 9/15/2021 9/15/2021 9/15/2022 9/15/2022 A9g:$3,00g0001Each A99:$1,000,OOMS& $1,000,000 $1.000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if mare space is required) RE: HPRP Contract#A-2021-046, A-2021-228 City of Santa Ana, their officers, employees, agents, volunteers and representatives are Additional Insured with respects to General Liability per attached form; Primary and Non -Contributory wording applies per attached form. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza Santa Ana CA 92701 AUTHOR EDREPRESENTATRE USA rs RIA M-29-a EDilision 4 REVIEWTD& APPROVED BY: ©1988-2015 ACORD C FµWZ" P, VtlL1W1 ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Risk Management Anaryel THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE POLICY NUMBER: 2021-24712 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 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): Blanket as required by written contract Wor agreement 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. will be shown in the 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 26 12 19 © Insurance Services Office, Inc., 2018 _ Risk Mnmganrn gms[m REVIEWED 6 APPROVE) By. f41L� Z V:LA4411 Risk Management Analyst NONPROFITS INSURANCE -� ALLIANCE OF CALIFORNIA A Haad for Insurance. A Heart for Nonprofits. POLICY NUMBER: 2021-24712 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: A. Section II — WHO IS AN INSURED is amended to include: 4. Any public entity as an additional insured, and the officers, officials, employees, agents and/or volunteers of that public entity, as applicable, who may be named in the Schedule above, when you have agreed in a written contract or written agreement presently in effect or becoming effective during the term of this policy, that such public entity and/or its officers, officials, employees, agents and/or volunteers be added as an additional insured(s) on your policy, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by: a. Your negligent acts or omissions; or b. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity or individual is an additional insured for liability arising out of the sole negligence by that public entity or its designated individuals. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. B. Section III — LIMITS OF INSURANCE is amended to include: 8. The limits of insurance applicable to the public entity and applicable individuals identified as an additional insured(s) pursuant to Provision AA. above, are those specified in the written contract between you and that public entity, or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. C. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or N IAC-E61 02 19 yE ItldcMmugeenoSDivision RwEwnonAPPRov®Br. ' Risk Management Anatys[ NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA A Head for Insurance. A Heart for Nonprofits. POLICY NUMBER: 2021-24712 (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g, of SECTION I — COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE. (e) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self -insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. N IAC-E61 02 19 Flak MaegemadDMsian i REmEvwm S APPRovm By. �. Risk Management Anarys[ NONPROFITS INSURANCE �■ ALLIANCE OF CALIFORNIA A Head for Insurance. A Heart for Nonprofits. NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA (NIAC) www.insurancefornonprofits.org SCHEDULE A- SCHEDULE OF UNDERLYING INSURANCE POLICY NUMBER: 2021-24712-UMB CONTROL NUMBER: 24712 NAME OF INSURED: Illumination Foundation; Integrated Community Healthcare Solutions; Home4Health Broadway, LLC; Illumination Housing, LLC TYPE OF POLICY APPLICABLE LIMITS INSURER POLICY # APPLICABLE PERIOD (A) Automobile Bodily Injury and Property Damage NIAC 09/15/2021 to 09/15/2022 Liability Combined Single Limit ..................... --- ............. $1,000,000 2021-24712 Business Uninsured/UnderinsuredMotorist ....................... N/A Auto (Does not include:Terrorism Coverage - Certified Acts) (B) Commercial Each Occurrence Limit .................................. $1,000,000 NIAC 09/15/2021 to 09/15/2022 General General Aggregate Limit ................................ $3,000,000 2021-24712 Liability Products/Completed Operations Aggregate Limi $3,000,000 Personal & Advertising Injury Limit .................... $1,000,000 Damage to Premises Rented to You .................... N/A (any one premises) (Does not include:Terrorism Coverage - Certified Acts) (C) Social Each Occurrence Limit ................................... $1,000,000 NIAC 09/15/2021 to 09/15/2022 Service Aggregate Limit ••••........ $3,000,000 2021-24712 Professional Liability (Does not include:Terrorism Coverage - Certified Acts) (D) Standard Coverage B - Employers Liability Workers Compensation & Employers Bodily Injury by Accident ..................................... N/A Each Accident Liability Bodily Injury by Disease ..................................... N/A Each Employee Bodily Injury by Disease ..................................... N/A Policy Limit (E) Improper Each Occurrence Limit ...................................... $1,000,000 NIAC 09/15/2021 to 09/15/2022 Sexual General Aggregate Limit ................................. $1,000,000 2021-24712 Conduct and Physical Abuse (Does not include:Terrorism Coverage - Certified Acts) (F) Directors' Each Wrongful Act Limit ................................. $1,000,000 NIAC 09/15/2021 to 09/15/2022 And Aggregate Limit ................................................ $2,000,000 2021-24712-DO Officers' (Does not include:Terrorism Coverage - Certified Acts) (G) Liquor Each Common Cause Limit ............................ $1,000,000 NIAC 09/15/2021 to 09/15/2022 Liability Aggregate Limit ................................................ $1,000,000 2021-24712 (Does not include:Terrorism Coverage - Certified Acts) (H) Employee Each Employee ........-- .................................... $1,000,000 NIAC Benefits Aggregate Limit $3,000,000 2021-24712 ................................................ Liability (Does not include:Terrorism Cove 09/15/2021 to 09/15/2022 Risk ManagenadDhislan REV11S A:o 6 Mrxov®BY.• fV� z Vc! W"t ��' Ru Management Analyst