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C14INSURANCE NOT ON FILE A-2021-047-02-01 <br />co WORK MAY NOT PROCEED <br />cli CLERK OF COUNCIL <br />DA)M'1[RST AMENDMENT TO AGREEMENT BETWEEN <br />THE CITY OF SANTA ANA AND THE ILLUMINATION FOUNDATION <br />FOR USE OF EMERGENCY SOLUTIONS GRANT CORONAVIRUS (ESG-CV) FUNDS <br />LT.- CAf4 CkuLt tmly)CO I T. <br />THIS FIRST AMENDMENT to the above -referenced agreement is entered into on September 30, <br />2021, by and between The Illumination Foundation ("Subrecipient'), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California ("City"). <br />RECITALS <br />A. The parties entered into Agreement No. A-2021-047-02, dated June 1, 2021, by which <br />Contractor agreed to use ESG-CV funds to administer and operate a portion of the <br />Fullerton Recuperative Care Center to temporarily house clients referred by the City <br />and Street Outreach teams ("Agreement'). <br />B. In accordance with the terms and conditions of said Agreement, the Parties desire to <br />amend Section II —Term of Agreement, to extend the Term of said Agreement, and <br />Section III — Disbursement of Funds, to increase the maximum amount of <br />Compensation for said Agreement. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions of said Agreement, except as herein modified, the parties agree as follows: <br />Section II, Term of Agreement, shall be amended to extend the end date of the Term of said <br />Agreement from September 30, 2021, through the date upon which the City decides in its sole <br />discretion to complete the transfer of City guests at the Fullerton Shelter to the new Carnegie <br />Navigation Center, which shall be no later than November 30, 2021, unless terminated earlier <br />in accordance with Section 15. City shall provide Contractor with fourteen (14) day written <br />notice of the final date of transfer of City guests to the new Carnegie Navigation Center, which <br />date shall serve as the end of the Term of this Agreement. If necessary, the Term of this <br />Agreement may be extended upon a writing executed by the City Manager and the City <br />Attorney. <br />2. Recitals J and K, and Sections III and IH(a), Disbursement and Funds, shall be amended to <br />increase the maximum amount of compensation by three hundred thousand dollars <br />($300,000.00), such that the total sum to be expended under said Agreement shall not exceed <br />one million eight hundred thousand dollars ($1,800,000.00) during the Term of said <br />Agreement. This total not to exceed amount of compensation is not guaranteed to Contractor. <br />Rather, Contractor will only be paid for sufficient services provided during the Term of said <br />Agreement. Once said Agreement is terminated, or the Term is ended as detailed in section II <br />above, the City shall not be responsible for any further payments to Contractor other than <br />payment for services provided by Contractor during the Term of the Agreement. <br />3. Except as modified by this First Amendment, all terms and conditions of said Agreement shall <br />remain in full force and effect. <br />Page 1 of 2 <br />