Loading...
HomeMy WebLinkAboutILLUMINATION FOUNDATION (35)INSURANCE ON FILE A-2021-175-05 WORK MAY PROCEED UNTIL INSURANCE EXPIRES cfp-flx CITY CLERK DATE: HOMELESS HOUSING, ASSISTANCE AND PREVENTION p CDf) SUBCONTRACTOR AGREEMENT BETWEEN THE CITY OF SANTA ANA AND E dos) THE ILLUMINATION FOUNDATION o THIS GRANT AGREEMENT ("HHAP-4 Agreement'), is hereby made and entered into this i 1 day of October, 2023, by and between the City of Santa Ana, a charter city and `0 municipal corporation of the State of California ("Contractor"), and The Illumination Foundation c4 ("Subcontractor"), a California non-profit public benefit corporation. C- U CD RECITALS: A. Pursuant to Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code (Added by Stats.2019, c. 159 (A.B. 101), Section 10, eff July 31. 2019), the State of California has established the Homeless, Housing, Assistance and Prevention Program ("HHAP"). HHAP is administered by the California Homeless Coordinating and Financing Council in the Business Consumer Services and Housing Agency. HHAP provides one-time flexible block grant funds to continuums of care, large cities (population of 300,000+) and counties as defined in the December 6, 2019 HHAP Notice of Funding Availability to support regional coordination and expand or develop local capacity to address immediate homelessness challenges informed by a best -practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. B. Contractor is the recipient of HHAP-4 funds from the State of California. In 2023, Contractor entered into Agreement Number 23-HHAP- 100 15 with the State of California receiving and recognizing $5,092,955.47 in HHAP-4 grant funds to be used by Contractor to address immediate homeless challenges ("State HHAP-4 Agreement'). Pursuant to the State- of California, Contractor will receive an additional disbursement of HHAP-4 )funds in the amount of $2,546,477.74. A true and correct copy of the State HHAP-4 Agreement is attached hereto as Exhibit A and incorporated herein by this reference. C. Subcontractor has been made aware of the State HHAP-4 Agreement and agrees to comply with all the conditions of the State HHAP-4 Agreement and the applicable State requirements governing the use of H1-1AP-4 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, as amended by Agreement No. A-2021-175-01, dated May 19, 2022, Agreement A-2021-175-02 dated September 7, 2022, Agreement A-2021-175-03, Agreement A-2021-175-04 by which Contractor committed a set amount of funds to Subcontractor for the 1 operation of the Homeless Navigation Center located at 1815 E. Carnegie, Santa Ana ("Program"). E. Contractor now approves the provision of HHAP-4 grant funds to Subcontractor in an amount not to exceed $2,000,000.00, to be used in the operation of the Program. This $2,000,000.00 in HHAP-4 grant funds shall count toward the amount of funds due from the Contractor to Subcontractor under Agreement No. A-2021-175, as amended. F. Subcontractor represents that it has the requisite qualifications, expertise, and experience in the provision of the Program and is willing to use said HHAP-4 grant funds to operate said Program. G. This HHAP-4 Agreement is contingent upon the award of HHAP-4 grant funds from the State of California, California Homeless Coordinating and Financing Council in the Business, Consumer Services and Housing Agency. H. Contractor and Subcontractor have duly executed this HHAP-4 Agreement for the expenditure and utilization of said HHAP-4 funds. NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this HHAP-4 Agreement, and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire HHAP- 4 Agreement between the Contractor and Subcontractor: 1. SCOPE OF SERVICES Subcontractor shall perform during the term of this HHAP-4 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. �K]V This HHAP-4 Agreement shall take effect on the date first written above and shall terrninate on December 31, 2027, unless otherwise cancelled or modified according to the terms of this HHAP-4 Agreement. This HHAP-4 Agreement shall also cover any and all services provided by the Subcontractor since the date the HHAP-4 grant funds were awarded to the Contractor. 3. DISBURSEMENT AND FUNDS A. Contractor was allocated $5,092,955.47 in HHAP-4 grant funds from the State of California, with an additional $2,546,477.74 in HHAP-4 grants funds to be disbursed to Contractor, to be encumbered by May 31, 2025. Contractor agrees to pay to Subcontractor when, if and to the extent State HHAP-4 grant funds are received a sum not to exceed 2 $2,000,000.00 for Subcontractor's performance of the Program through the term of this HHAP-4 Agreement, which shall count toward the amount of funds due from the Contractor to Subcontractor under Agreement No. A-2021-175, as amended. 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 HHAP-4 Agreement and that the Subcontractor is in compliance with the terms and conditions of this HHAP-4 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 HHAP-4 Agreement to pay for necessary and reasonable costs allowable under state law and regulations to operate said HHAP-4 Program only. Said amounts shall include and will be limited to the operation of the Program only. Subcontractor's failure to perform as required may, in addition to other remedies set forth in this HHAP-4 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 ternunation of this HHAP-4 Agreement. 4. STATE HHAP-4 AGREEMENT A. Contractor entered into State HHAP-4 Agreement Number 23-HHAP-10015 with the State of California receiving and recognizing $5,092,955.47 in HHAP-4 grant funds, with an additional $2,546,477.74'to be disbursed, to be used by Contractor to address immediate homeless challenges. A true and correct copy of the State HHAP-4 Agreemeit is'attached hereto as Exhibit A. Subcontractor has been made aware of the State HHAP-4 Agreement and agrees to comply with all the conditions of the State HHAP-4 Agreement and the applicable State requirements governing the use of HHAP-4 grant funds. B. Pursuant to the State HHAP-4 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 part of it. 3 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 HHAP-4 Agreement in each subcontract. 5. INDEPENDENT CONTRACTOR Subcontractor shall, during the entire term of this HHAP-4 Agreement, be constructed to be an independent contractor and not an employee of the Contractor. This HHAP-4 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 HHAP-4 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 HHAP-4 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 HHAP-4 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 HHAP-4 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 HHAP-4 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 perforniance 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: 1. 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, CG 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. 5. 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 oflnsurers: 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 A:VII, unless otherwise acceptable to the City. 7. 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. 8. Verification of Coverage: Subcontractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or 6 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. 9. 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 1 of this HHAP-4 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 HHAP-4 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 HHAP-4 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 HHAP-4 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 HHAP-4 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. 9. RECORDS Subcontractor shall keep records and invoices in connection with the work to be performed under this HHAP-4 Agreement. Subcontractor shall maintain complete and accurate records with respect to the costs incurred under this HHAP-4 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 7 under this HHAP-4 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 HHAP-4 Agreement during regular business hours. Subcontractor shall allow inspection of all work, data, documents, proceedings, and activities related to this HHAP-4 Agreement for a period of three (3) years from the date of final payment to Subcontractor under this HHAP-4 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 HHAP- 4 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 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 HHAP-4 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 HHAP-4 Agreement. 12. NON-DISCRIMINATION During the performance of this HHAP-4 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), 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 HHAP-4 Agreement and the State HHAP-4 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 this HHAP-4 Agreement and the State HHAP-4 Agreement, the terms of the State HHAP-4 Agreement shall prevail. This HHAP-4 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 HHAP-4 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 HHAP-4 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 HHAP-4 Agreement shall be construed to limit the Contractor's ability to have any of the services which are the subject to this HHAP-4 Agreement performed by Contractor personnel or by other Subcontractors retained by Contractor: -- - 15. TERMINATION This HHAP-4 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. 9 b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this HHAP-4 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 HHAP-4 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. 17. JURISDICTION - VENUE This HHAP-4 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 HHAP-4 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 HHAP-4 Agreement. 18. PROFESSIONAL LICENSES Subcontractor shall, throughout the term of this HHAP-4 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 HHAP-4 Agreement. 19. NOTICE Any notice,tender, demand; delivery, or other communication pursuant to, this HHAP-4 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: Homeless Services Manager City of Santa Ana Community Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702-1988 Fax:(714) 647-6549 teggers@santa-ana.org 10 SUBRECIPIENT: Illumination Foundation 1091 N. Batavia St. Orange, CA 92867 Attn: Paul Leon, CEO A-2021-175-05 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. 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 HHAP-4 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 fully set forth in the body of this HHAP-4 Agreement. IN WITNESS WHEREOF, the parties hereto have executed this HHAP-4 Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA JeraTfer L. JUhl Steven A. Mendoza er Acting City Manager APPROVED AS TO FORM SONIA R. CARVALHO - City Attorney By. 17&" Andrea Garcia -Miller Assistant City Attorney RECOMMENDED FOR APPROVAL MICHAEL GARCIA Executive Director Community Development Agency 11 THE ILLUMINATION FOUNDATION John Ing Chief Financial Officer EXHIBIT A STATE HHAP-4 AGREEMENT NUMBER 23-HHAP- 100 15 12 STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213(Rev.04/2020) 1 23-HHAP-1( 1 01.0725 CONTRACTING AGENCY NAME Business, Consumer Services and Housing Agency CONTRACTOR NAME City of Santa Ana, Community Development Agency 2. The term of this Agreement is;. START DATE 6/15/2023 _ THROUGH END DATE 1 2/31/2.027 3. The maximum amount of this Agreement is: $5,092,955A7 (Five Million Ninety Two Thousand Nine Hundred Fifty Five Dollars and Forty Seven Cents) 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made part of the Agreement. Exhibits Title Pages Exhibit A ExhibitB Authority, Purpose and Scope of Work Budget Detail and Disbursement Provisions 8 3 Exhibit[ General Terms and Conditions 10 Exhibit Special Terms and Conditions 2:. Exhibit State ofCalifornia General Terms and Conditions 1 wens shown wim an asreniKl -1, are nereoyrncarpararea ay reverence ana aiaaepart ar mrs €tyreemem as it armcnea nerera. HAS CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Santa Ana, Community Development Agency CONTRACTOR BUSINESS ADDRESS - CITY STATE ZIP- 2GClvlc-Center Plaza,.M-25. Santa Ana,.. CA 92701. - Page 1 of 2 STATE OF CALIFORNIA -DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENTNUMBER PURCHASING AUTHORITY NUMBER (if STD 213 (Rev, 04/2020) 23-HHA P-1007 5 010725 CONTRACTING AGENCY NAME Business, Consumer Services and Housing Agency 500 Capitol Mall, Suite 1850 Sacramento CA 95814 PRINTED NAME OF PERSON SIGNING TITLE Lourdes Castro Ramirez Secretary CONTRACTING AGENCY AUTHORIZED SIGNATURE DATESIGNED _' Jun 15, 2023 Page 2 of 2 NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH .AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Illumination Foundation Name: Project A-2021-175 Number: Project Agreement With The Illumination Foundation To Operate A Name: Year -Round Homeless Navigation Center At 1815 Carnegie Avenue In Santa Ana The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE AUTOMOBILE LIABILITY GENERAL LIABILITY IMPROPER SEXUAL CONDUCT PROFESSIONAL LIABILITY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 9/25/2023 3:37 PM POLICY EXPIRATION NUMBER DATE 202324712 09/15/2024 202324712 09/15/2024 202324712 09/15/2024 MM1214 09/15/2024 ILWC310554 01/01/2024 COI DATE FILE NAME 09/15/2023 Certificate.pdf I----_ _. 09/18/2023 Certificate.pdf, 09/15/2023 Certificate.pdf 09/18/2023 JCertificate.pdf 12/27/2022 ' Certificate.pdf