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ILLUMINATION FOUNDATION (27)
PRANCE ON FILE A-2021-175-02 MAY PROCEED w iiWRANCE EXPIRES o Gfi-is •22 Ji COUNCIL PERMANENT LOCAL HOUSING ALLOCATION 0 CPS C�) SUBCONTRACTOR AGREEMENT BETWEEN �S) THE CITY OF SANTA ANA AND tr 9 THE ILLUMINATION FOUNDATION THIS GRANT AGREEMENT ("PLHA Agreement"), is hereby made and entered into this " , 2022, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("Contractor"), and The Illumination Foundation ("Subcontractor"). RECITALS: A. Pursuant to Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code (commencing with Section 50470) Statutes of 2017 (SB 2, Atkins), the State of California created the Building Homes and lobs Trust Fund and the Permanent Local Housing Allocation ("PLHA") program. Pursuant to Health and Safety Code Section 50470(b), the California Department of Housing and Community Development ("HCD") issued a Notice of Funding Availability ("NOFA") dated February 26, 2020, to govern administration of the fund and cant' out the program. PLHA makes funds available to eligible local governments in California for housing related projects and programs that assist in addressing the unmet housing deeds of their local communities. B. Contractor is the recipient of PLHA funds from the State of California. Contractor entered into Agreement Number 20-PLHA-15193, which was later amended, with the State of California receiving and recognizing $7,161,534 in PLHA grant funds to be used by Contractor to address unmet housing needs ("State PLHA Agreement"). A true and correct copy of the State PLHA Agreement, as amended, is attached hereto as Exhibit A and incorporated by this reference. C. Subcontractor has been made aware of the State PLHA Agreement and agrees to comply with all the conditions of the State PLHA Agreement and the applicable State requirements governing the use of PLHA grant funds. D. Contractor entered into an Agreement with Subcontractor to operate the Homeless Navigation Center located at 1815 E. Carnegie, Santa Ana, for City clients, Agreement No. A-2021-175, dated September 7, 2021, by which Contractor committed a set amount of funds to Subcontractor for the operation of the Homeless Navigation Center located at 1815 E. Carnegie, Santa Ana ("Program"). E. Contractor now approves the provision of PLHA grant funds to Subcontractor in an amount not to exceed $3,954,951.50, to be used in the operation of the Program. This $3,954,951.50 in PLHA grant funds shall count toward the amount of fimds due from Contractor to Subcontractor under Agreement No. A-2021-175. Subcontractor represents that it has the requisite qualifications, expertise, and experience in the provision of the Program and is willing to use said PLHA grant finds to operate said Program. G. This PLHA Agreement is contingent upon the award of PLHA grant funds from the State of California HCD. H. Contractor and Subcontractor have duly executed this PLHA Agreement for the expenditure and utilization of said PLHA funds. NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this PLHA Agreement, and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire PLIIA Agreement between the Contractor and Subcontractor: SCOPE OF SERVICES Subcontractor shall perform during the term of this PLHA Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services necessary for the Program, the operation of the Homeless Navigation Center at 1815 E. Carnegie, Santa Ana, for City clients. 2. TERM This PLHA Agreement shall take effect on the date first written above and shall terminate on July 31, 2023, unless otherwise cancelled or modified according to the terms of this PLHA. This PLHA Agreement shall also cover any and all services provided by the Subcontractor since the date the PLHA grant funds were awarded to the Contractor. 3. DISBURSEMENT AND FUNDS A. Contractor was allocated $7,161,534 in PLHA grant funds from the State of California. Contractor agrees to pay to Subcontractor when, if and to the extent State PLHA grant funds are received a sum not to exceed $3,954,951.50 for Subcontractor's performance of the Program through the term of this PLHA Agreement, which shall count toward the amount of funds due from the Contractor to Subcontractor under Agreement No. A-2021-175. Said sum shall be paid after Contractor receives invoices submitted by Subcontractor as provided herein. B. Subcontractor shall submit monthly invoices (on or before the 15th day of each month) in a form prescribed by the Contractor, detailing such expenses. Such schedule may be modified with the approval of the Contractor. C. Payment is subject to the receipt and approval of such invoices and quarterly activity reports. Contractor shall pay such invoices within thirty (30) days after receipt thereof, provided Contractor is satisfied that such expenses have been incurred within the scope of this PLHA Agreement and that the Subcontractor is in compliance with the terms and conditions of this PLHA Agreement. The thirty (30) day period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty -day timeline once the remaining required elements have been submitted. Failure to provide any of the required documentation will cause the Contractor to withhold all or a portion of a request for reimbursement until such documentation has been received and approved by the Contractor. D. Subcontractor agrees to use said funds pursuant to this PLHA Agreement to pay for necessary and reasonable costs allowable under state law and regulations to operate said PLHA Program only. Said amounts shall include and will be limited to the operation of the Carnegie Shelter for City clients only. Subcontractor's failure to perform as required may, in addition to other remedies set forth in this PLHA Agreement, result in readjustment of the amount of funds the Contractor is otherwise obligated to pay to the Subcontractor pursuant to the terms hereof, or termination of this PLHA Agreement. 4. STATE PLHA AGREEMENT A. Contractor entered into State PLHA Agreement Number 20-PLHA-15193 with the State of California receiving and recognizing $7,161,534 in PLHA grant funds to be used by Contractor to be used by Contractor to address unmet housing needs. A true and correct copy of the State PLHA Agreement is attached hereto as Exhibit A and incorporated herein by this reference. Subcontractor has been made aware of the State PLHA Agreement and agrees to comply with all the conditions of the State PLHA Agreement and the applicable State requirements governing the use of PLHA grant fimds. B. Pursuant to the State PLHA Agreement, Subcontractor is required to: i. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable. ii. Maintain at least the minimum State -required worker's compensation for those employees who will perform the work or any pail of it. iii. Maintain, as .required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Subcontractor in performing the work or any part of it. iv. Agree to include all the terms of the State PLHA Agreement in each subcontract. 5. INDEPENDENT CONTRACTOR Subcontractor shall, during the entire term of this PLHA Agreement, be constructed to be an independent contractor and not an employee of the Contractor. This PLHA Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the Contractor to exercise discretion or control over the professional manner in which Subcontractor performs the services which are the subject matter of this PLHA Agreement; however, the services to be provided by Subcontractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Subcontractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This PLHA Agreement creates a non-exclusive and perpetual license for Contractor to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Subcontractor under this PLHA Agreement ("Documents & Data"). Subcontractor shall require all subcontractors to agree in writing that Contractor is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this PLHA Agreement. Subcontractor represents and warrants that Subcontractor has the legal right to license any and all Documents & Data. Subcontractor makes no such representation and warranty in regard to Documents & Data which were provided to Subcontractor by the Contractor. Contractor shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this PLHA Agreement shall be at Contractor's sole risk. 7. INSURANCE Subcontractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Subcontractor, its agents, representatives, employees, or subcontractors. a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Subcontractor has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Subcontractor's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate (if applicable). 5. Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Subcontractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim. 6. If the Subcontractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status., The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Subcontractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Subcontractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CO 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Subcontractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Subcontractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of'Subrogation: Subcontractor hereby grants to City a waiver of any right to subrogation which any insurer of said Subcontractor may acquire against the City by virtue of the payment of any loss under such insurance. Subcontractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require the Subcontractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City. Claims Made Policies (note — should be applicable only to professional liability, see below): If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Subcontractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of'Coverage: Subcontractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Subcontractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Subcontractor agrees to defend, and shall indemnify and hold harmless the Contractor, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Subcontractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this PLHA Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this PLHA Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this PLHA Agreement. The Subcontractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the Contractor, including fees and costs for special counsel to be selected by the Contractor, regarding any action by a third party challenging the validity of this PLHA Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this PLHA Agreement. Contractor may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Subcontractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Subcontractor. Subcontractor shall keep records and invoices in connection with the work to be performed under this PLHA Agreement. Subcontractor shall maintain complete and accurate records with respect to the costs incurred under this PLHA Agreement and any services, expenditures, and disbursements charged to the Contractor for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Subcontractor under this PLHA Agreement. All such records and invoices shall be clearly identifiable. Subcontractor shall allow a representative of the Contractor to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this PLHA Agreement during regular business hours. Subcontractor shall allow inspection of all work, data, documents, proceedings, and activities related to this PLHA Agreement for a period of three (3) years from the date of final payment to Subcontractor under this PLHA Agreement. 10. CONFIDENTIALITY If Subcontractor receives from the Contractor information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Subcontractor agrees that it shall not use or disclose such information except in the performance of this PLHA Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential 7 Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this PLHA Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Subcontractor disclosed in a publicly available source; (c) is in rightful possession of the Subcontractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Subcontractor without reference to information disclosed by the Contractor. 11. CONFLICT OF INTEREST CLAUSE Subcontractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this PLHA Agreement. 12. NON-DISCRIMINATION During the performance of this PLHA Agreement, Subcontractor and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subcontractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Subcontractor and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code section 12900, et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, section 11000, et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code sections 11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Subcontractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, account, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Subcontractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, section 11105.) 13. EXCLUSIVITY AND AMENDMENT This PLHA Agreement and the State PLHA Agreement represent the complete and exclusive statements between the Contractor and Subcontractor, and supersede any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of 0 this PLHA Agreement and the State PLHA Agreement, the terms of the State PLIIA Agreement shall prevail. This PLHA Agreement may not be modified except by written instrument signed by the Contractor and by an authorized representative of Subcontractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Subcontractor or the Contractor. Each party to this PLHA Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this PLHA Agreement is intended to secure the specialized services of Subcontractor, Subcontractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the Contractor and any such assignment, transfer, delegation or subcontract without the Contractor's prior written consent shall be considered null and void. Nothing in this PLHA Agreement shall be construed to limit the Contractor's ability to have any of the services which are the subject to this PLHA Agreement performed by Contractor personnel or by other Subcontractors retained by Contractor. 15. TERMINATION This PLHA Agreement may be terminated by the Contractor upon thirty (30) days written notice of termination. In such event, Subcontractor shall be entitled to receive and the Contractor shall pay Subcontractor compensation for all services performed by Subcontractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Subcontractor to deliver to the Contractor all work product(s) completed as of such date, and in such case such work product shall be the property of the Contractor unless prohibited by law, and Subcontractor consents to the Contractor's use thereof for such purposes as the Contractor deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this PLHA Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this PLHA Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 0 17. JURISDICTION - VENUE This PLHA Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this PLHA Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this PLHA Agreement. 18. PROFESSIONAL LICENSES Subcontractor shall, throughout the term of this PLHA Agreement, maintain_ all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Subcontractor shall notify the Contractor immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this PLHA Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this PLHA Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: CONTRACTOR: Terri Eggers Homeless Services Division Manager City of Santa Ana Community Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702-1988 (714) 647-5378 teggers@santa-ana.org SUBRECIPIENT: Illumination Foundation 1091 N. Batavia St. Orange, CA 92867 Attn: Jack Toan, CEO A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PLHA Agreement, and shall indemnify Contractor fully, including reasonable costs and attorney's fees, for any injuries or damages to Contractor in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fidly set forth in the body of this PLHA Agreement. (Signatures on folloWng page) 11 A-2021-175-02 IN WITNESS WHEREOF, the parties hereto have executed this PLHA Agreement on the date and year first written above. ATTEST A. G Clerk of the Council '' APPROVED AS TO FORM SONIA R. CARVALHO City 711 By: RY O. ODGE AssisYant City Attorney RECOMMENDED FOR APPROVAL 14- AV STEVEN A. MFWDOZX Executive Director Community Development Agency 12 CITY OF SANTA ANA KRISTINE RIDGE City Manager THE ILLUMINATION FOUNDATION d6hn Ing Chief Financial Officer EXHIBIT A STATE PLHA AGREEMENT NUMBER 20-PLHA-15193 13 STATE OF CALIFORNIA -DEPARTMENT OF GENERAL SERVICES SCO ID: STANDARD AGREEMENT - AMENDMENT STD 213A (Rev 04/2020) AGREEMENT NUMBER AMENDMENT NUMBER Purchasing Authority O CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 7 PAGES 20-PLHA-15193 1 Number 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY NAME DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR NAME City or Santa Ana 2. The term of this Agreement is: START DATE 04/1212021 THROUGH END DATE 6/30/2030 3. The maximum amount of this Agreement after this Amendment is: $7,161,534.00 4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein: This amendment is to add May 3, 2021 NOFA funds to contract. Exhibit A, Authority, Purpose and Scope of Work, is hereby deleted in its entirety and replaced with new Exhibit A, Authority, Purpose and Scope of Work, Am. 1 (Rev. 08/2021) attached hereto and made a part hereof. Exhibit E, Program -Specific Provisions and Special Conditions, is hereby deleted in its entirety and replaced with new Exhibit E, Program -Specific Provisions and Special Conditions, Am. 1 (Rev. 0812021) attached hereto and made a part hereof. All other terms and conditions shall remain the same. IN WITNESS WHEREOF. THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Sella Ana CONTRACTOR BUSINESS ADDRESS 20 CMc Center Plan PRINTED NAME OF PERSON SIGNING CONTRACTOR AUTHORIZED SIGNATURE CONTRACTING AGENCY NAME Department of Housing and Community Development CONTRACTING AGENCY ADDRESS 2020 W. Ell Camino Ave., Sub 130 CITY STATE ZIP Santa Ana CA 92701 Kristine Ridge E City Manager — - E SIGNED STATE OF CALIFORNIA PRINTED NAME OF PERSON SIGNING "Me Michael White � CONTRACTING AGENCY AUTHORIZED SIGNATURE CALIFORNIA DEPARTMENT OF GENERAL SERVICE APPROVAL CITY STATE ZIP Sacramento CA 95833 TITLE Contracts Manager, Business & Contad Serrim Branch DATE SIGNED 5/5/2022 EXEMPTION (If Applicable) Page 1 of 1 City of Santa Ana 20-PLHA-15193, Am. 1 (Rev, 08/2021) Page 1 of 5 EXHIBIT A AUTHORITY PURPOSE AND SCOPE OF WORK Authority Pursuant to Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code (commencing with Section 50470) Statutes of 2017 (SB 2, Atkins), which created the Building Homes and Jobs Trust Fund and the Permanent Local Housing Allocation ("PLHA") Program ("Program"), this Standard Agreement along with all its exhibits (the "Agreement") is entered under the authority of and in furtherance of the Program. Pursuant to Health and Safety Code, Section 50470 (b), the California Department of Housing and Community Development (referred to herein as "HCD" or "Department') has issued a Notice of Funding Availability (the "NOFA"), dated February 26, 2020, to govern administration of the fund and carry out the Program. 2. Purpose In accordance with the authority cited above, an application was made to the State (the "Application") for assistance from the Program for the purpose of making funding available to eligible local governments in California for housing related projects and programs that assist in addressing the unmet housing needs of their local communities. By entering into this Agreement and thereby accepting the award of the PLHA grant funds (the "Grant'), the Contractor (sometimes referred to herein as the "Applicant') agrees to comply with the terms and conditions of the NOFA, this Agreement, the representations contained in the Application, and the requirements of the authorities cited above. Definitions Capitalized terms not otherwise defined herein shall have the meaning of the definitions set forth in Health and Safety Code Section 50470 and Section 101 of the Guidelines. 4. Scope of Work A. The scope of work ("Work") for this Agreement shall consist of one or more of the following eligible uses: 1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live -work, rental housing that is affordable to extremely low-, very low-, low-, or moderate -income households, including necessary Operating subsidies. Permanent Local Housing Allocation (PLHA) Program — Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021 Approved Date: 10/05/2020 Prep. Date: 08/16/2021 City of Santa Ana 20-PLHA-15193, Am. 1 (Rev. 08/2021) Page 2 of 5 EXHIBIT A 2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high - cost areas. ADUs shall be available for a term of no less than thirty days. 3) Matching portions of funds placed into local or regional housing trust funds. 4) Matching portions of funds available through the Low- and Moderate - Income Housing Asset Fund pursuant to subdivision (d) of MSC Section 34176. 5) Capitalized Reserves for Services connected to the preservation and creation of new Permanent supportive housing. 6) Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. a) This Activity may include subawards to Administrative Entities as defined in HSC Section 50490(a)(1-3) that were awarded California Emergency Solutions and Housing (CESH) program or Homeless Emergency Aid Program (HEAP) funds for rental assistance to continue assistance to these households, b) Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8255(b)(8). An Applicant allocated funds for the new construction, rehabilitation, and preservation of Permanent supportive housing shall incorporate the core components of Housing First, as provided in WIC Section 8255, subdivision (b). 7) Accessibility modifications in Lower -income Owner -occupied housing. Permanent Local Housing Allocation (PLHA) Program — Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021 Approved Date: 10/05/2020 Prep. Date: 08/16/2021 City of Santa Ana 20-PLHA-15193, Am. 1 (Rev. 08/2021) Page 3 of 5 EXHIBIT A 8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. 9) Homeownership opportunities, including, but not limited to, down payment assistance. 10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing Projects, or matching funds invested by a county in an Affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal Incentives shall be in the form of a grant or low -interest loan to an Affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low interest deferred loan to the Affordable housing Project. B. A Local government that receives an allocation shall use no more than five percent of the allocation for costs related to the administration of the Activity(ies) for which the allocation was made, Staff and overhead costs directly related to carrying out the eligible activities described in Section 301 are "activity costs" and not subject to the cap on "administrative costs." A Local government may share any funds available for administrative costs with entities that are administering its allocation. C. Two or more local governments that receive PLHA allocations may expend those moneys on an eligible jointly funded project as provided in Section 50470 (b)(2)(B)(ii)(IV). An eligible jointly funded project must be an eligible Activity pursuant to Section 301 (a) and be located within the boundaries of one of the Local governments. D. Entitlement Local governments may use the flow of PLHA funds to incentivize private lender loans and to guarantee payments for some or all public agency bond financings for activities consistent with the uses identified in Section 301 "Eligible Activities". This loan guarantee Activity must be identified and fully explained in the Applicant's "Plan". Permanent Local Housing Allocation (PLHA) Program — Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021 Approved Date: 10/05/2020 Prep, Date: 08/16/2021 City of Santa Ana 20-PLHA-15193, Am. 1 (Rev. 08/2021) Page 4 of 5 EXHIBIT A 5. Department Contract Coordinator The Department's Contract Coordinator for this Agreement is the Division of Financial Assistance, Grant Management Section PLHA Manager or their designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class to the Department Contract Coordinator at the following address: California Department of Housing and Community Development Attention: Permanent Local Housing Allocation (PLHA) Grant Management Section, Suite 400 2020 West El Camino Avenue, CA 95833 P. 0. Box 952050 Sacramento, CA 94252-2050 6. Contractor Contract Coordinator The Contractor's contract coordinator for this Agreement is the Authorized Representative listed below. Unless otherwise informed, any notice, report, or other communication required by this Agreement may be mailed by first class mail, or sent through a commercial courier to the Authorized Representative at the following address Authorized Representative Name: Kristine Ridge Authorized Representative Title: City Manager Agency Name: City of Santa Ana Address: 20 Civic Center Piaza Santa Ana, CA 92701 Phone No.: (714) 647-5200 Email Address: KRidge@santa-ana.org 7. Effective Date. Term of Agreement. and Deadlines A. This Agreement is effective upon approval by the Department, which is the date executed by all parties (such date, the "Effective Date"). B. This Agreement shall terminate on June 30, 2030. Permanent Local Housing Allocation (PLHA) Program - Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021 Approved Date: 10/05/2020 Prep. Date: 08/16/2021 City of Santa Ana 20-PLHA-15193, Am. 1 (Rev. 08/2021) Page 5 of 5 EXHIBIT A C. Except for predevelopment expenses for construction projects funded by PLHA and costs to develop and prepare the Plan and the PLHA application, no costs incurred more than one year prior to commitment by the Local government may be paid from PLHA funds. Reimbursement of expenses to prepare the Plan and the PLHA application are subject to the cap on administrative fees. D. Any Grant funds which have not been expended by the expenditure deadline shall be disencumbered and revert to the Department. The expenditure deadline is fifty-eight months from the date of the budget appropriation for each year of funds included in this Agreement. Permanent Local Housing Allocation (PLHA) Program — Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021 Approved Date: 10/05/2020 Prep. Date: 08/16/2021 City of Santa Ana 20-PLHA-15193, Am. 1 (Rev. 08/2021) Page 1 of 2 EXHIBIT E PROGRAM -SPECIFIC PROVISIONS AND SPECIAL CONDITIONS Program -Specific Provisions The following are project -specific terms and conditions (referred to as enumerated provision(s) for ease of reference in prior exhibits) and shall inform the references made to project -specific information not contained in those prior exhibits. Budget Detail: Contractor has been awarded the following grant activity amounts for 2019: $2,803,706 Contractor has been awarded the following grant activity amounts for 2020: $4,367,828 Estimated five year allocation may not exceed: $16,822,236 Payees: A. The authorized Payee(s) is/are as specified below: Name: City of Santa Ana Amount for 2019 and 2020: Z 15z74 Plan: Activity 6 — Operating a navigation center. The City plans to close its current temporary shelter and open a permanent homeless navigation center to operate year-round with 200 shelter beds for individuals, couples, and families with children who are literally homeless in Santa Ana, with the ability to scale up to 250 beds. The homeless navigation center and its supportive service programs will be designed to provide a safe environment for those experiencing homelessness on the streets of Santa Ana, and a pathway to transition into permanent housing. During their stay, clients will be offered a robust package of supportive services designed to transition them to permanent housing and cope with underlying issues causing them to cycle through the system. 100 percent of the PHLA funds will be allocated towards the operation of the homeless navigation center. Permanent Local Housing Allocation (PLHA) Program - Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021 Approved Date: 10/05/2020 Prep. Date: 08/16/2021 City of Santa Ana 20-PLHA-15193, Am. 1 (Rev. 08/2021) Page 2 of 2 EXHIBIT E Funding Allocation Year 2019 2020 2021 2022 2023 Type of Activity Navigation Navigation Navigation Navigation Navigation Centers Centers Centers Centers Centers Percentage of Funds Allocated for each Activity 100% 100% 100% 100% 100% Area Median Income Level 60% 60% 60% 60% 60% Served 2. Special Conditions The following Special Conditions are applicable to this Standard Agreement: None, Permanent Local Housing Allocation (PLHA) Program - Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021 Approved Date: 10/05/2020 Prep. Date: 08/16/2021 Francine R. Digitally signs by Francine R. Villareal I Date: 2022.01.2717.24:48 A� �® CERTIFICATE OF LIABILITY INSURANCE DA?f48IDOfTi 11/2022 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 Ste 350 Cypress CA 90630 CONTACT NAME: Llzette Orozoo PHONE 714-733-6248 ac No Ef4R�Lss, lorozco bowefmaster.com INSURERS AFFORDING COVERAGE NAIL# INSURERA: Philadelphia Indemnity Insurance 18058 INSURED ILLUFOU-01 The Illumination Foundation 1091 N. Batavia Street INSURERS: Nonprofits' Insurance Alliance of California 11384 INSURER C: Cypress Ins Cc 10855 INSURER D: Orange CA 92867 NSURERE: 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 INSURANCE ADOL SUBR POLICYNUMBER POLICY EFF MMIDDfYYYY) POLICY UP IMMUDDINY'li LIMITS B X COMMERCIALGENERAL LIABILITY OCCUR Y 2021-24712 9/15/2021 9/15/2022 EACH OCCURRENCE $1,000,000 D RAMACLAIMS-MADE1XI ET E. baba PREMISES PREMISES Ea ocanenca $500,000 X MED UP (Any one parson) $20,000 Prof Uability, PERSONAL&ADV INJURY $1,000.000 AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOG JECT GENERALAGGREGATE $3,000.000 GEN'L X PRODUCTS-COMP/OP AGG $3,000,000 $ OTHER: B AUTOMOBILE LIABILITY 2021-24712 9/15/2021 9/15/2022 COMBINED SINGLE UNIT Ea eccitlent $1,000,000 X BODILY INJURY (Per parson) $ ANY AUTO OWNED SGHEDULED AUTOS ONLY AUTOS I INJURY ) BODILY (Per accitlent $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Par eccitlent $ B X UMBRELLALU\B X OCCUR 2021-24712-UMB 9/15/2021 9/15/2022 EACH OCCURRENCE $7,000,000 AGGREGATE $7,000,000 EXCESS LIAR CLAIMS -MADE DIED I I RETENTIONS $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ILWC310553 1/1/2022 1/1/2023 X STATUTE ERH E.L. EACH ACCIDENT $1,000,000 ANYPROPRIETOILPARTNEWEXECUTIVE OFFICEWMEMBEREXCLUDED? N/A E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory In NH) If yes, cornice under E.L. DISEASE -POLICY LIMIT $1.000,000 DESCRIPTION OF OPERATIONS below A e Commercial Cyber Liability Improper Sexual Conduct PHSDIS75498 2021-24712 9/15/2021 9/15/2021 9/15/2022 9/15/2022 Agg:$3000,0c0/Each Agg:$1P00.W0/Each $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more 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 EDREPRESENTATIVE USA rol's RinkMwgamml:Dh6lan RiEvew D&APPROVED BY. ©1988-2015 ACORD C Fes"P, V:(Gc4a4[ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Risk Management Analyst 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 11 — 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. in the Declarations. 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 �,. RuiR" iiAtougementUiviefan �. REVEWED 6 APPROVED BY: �' Risk Management Anatyst NONPROFITS INSURANCE ALLIANCE OF CALIFORN[A A Head for Insurance. A Heartfor 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 A.4. 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 Risk MotagemartDWian gi rRREvIe&m&ApaRasy ' ®' Risk Management Analyst `. NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA A Head for Insurance. A Heartfor Hanproflts. 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. (a) 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 insurers share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. NIAC-E61 02 19 R®kMam9ema9DMsbn ccREvI &APPRO/ SY. IKE MIFIMIN Rkk Management Analyst NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA A Head for Insurance. A Heartfor 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 09/1512021 to 09/15/2022 Liability Combined Single Limit ........................................ $1,000,000 2021-24712 Business Uninsured/Underinsured Motorist ....................... 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 ............. I..................... $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 09/15/2021 to 09/15/2022 Benefits Aggregate Limit ................................................ $3,000,000 2021-24712 Liability (Does not include:Terrorism Cover RIA MOWgentudDiv don �IL�� (R� EWED & APPRwm sr. 8r` r'W NlM1 R. V Risk Management Analyst Of CLERK OF THE COUNCIL COTC PROCESSING FORM SEFt's2Am10:47 Agreements / Amendments / Extensions/ Deeds A-2021-175-02 REVIVE FUNDED? COVID FUNDED? CONFIDENTIAL? ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO TO: CLERK OF THE COUNCIL OFFICE FROM: DEPT.: CDA5Mj;STOP: 23 PROJECT MANAGER: EXT.: 5378 ' The following information must be provided 9 in requesting processing of agreements I amendments I extensions / deeds for the City: _ (See page 2 for instructions on how to fill out the COTC form) NAME OF CONSULTANT / PARTY: Illumination Foundation Terri Eggers AGREEMENT NUMBER (if applicable): A / N AMENDMENT NUMBER ❑ 1ST ❑ 2ND ❑ 3RD ❑ 4TH (if applicable) : EXTENSION NUMBER ❑ 1ST ❑ 2ND ❑ 3RD ❑ 4TH (if applicable): An amendmentlextension requires a copy of a Staff Report and/or initial agreement to be included. AMOUNT: 0 * OVER ❑ * $50,000 'Note: Council approval is required if an agreement with a $50,000 AND UNDER vendor exceeds $50,000 within a Fiscal Year for non- public works agreements. Bid for contracts exceeding $25 000 will continue to require a formal Invitation for Bid. ❑� 1) Approved by council. ❑ 2) NOT approved by council. COUNCIL APPROVAL DATE: September 7, 2021 ITEM #: TERM OF AGREEMENT EFFECTIVEDATE: September7,2022 TERMINATION DATE: July23,2023 SIGNATURES REQUIRED: ❑ VENDOR ❑ AGENCY ❑ CITYATTORNEY ❑p OTHER NOTARIZATION REQUIRED ❑ YES NO APPROVED INSURANCE: ❑Q YES ❑ NO (INSURANCE APPROVAL REQUIRED BY RISK MGMT. PRIOR TO SUBMITTING TO COTC) COMMENTS: FOR CLERK OFFICE USE ONLY: O PROCESS O DO NOT PROCESS ❑ Missing Signatures ❑ Needs Council Approval ❑ Other ADDITIONAL REMARKS: o iecuve �pni 10, /u i a, uny mianager coniracc aumon[y increases via urainance N5-2y63. tv,greemenislFormsftrm -AGREEMENT PROCESSING FORM-08-13-2021-FINAL.doc Revised: 08/13/2021 Page 1 of 2