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INSt!R "" JOT ON f ;. A-2022-006-01 <br />OWORK IVIA, __j T PROCEED <br />CLERK OF COUNCIL <br />THIRD AMENDMENT TO OPERATING AGREEMENT WITH <br />DATE: <br />-' THE ILLUMINATION FOUNDATION FOR USE OF <br />r con C1eK,i4vYS)WT T THE FULLERTON RECUPERATIVE CARE CENTER <br />THIS THIRD AMENDMENT to the above -referenced agreement is entered into on January 18, <br />2022, by and between The Illumination Foundation ("Contractor"), 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-2021-046, dated April 6, 2021, by which <br />Contractor agreed to administer and operate a portion of the Fullerton Recuperative <br />Care Center to temporarily house clients referred by the City and Street Outreach teams <br />("Agreement'). <br />B. The parties entered into a First Amendment to said Agreement No. A-2021-174 dated <br />September 8, 2021, in order to extend the Term of said Agreement and to increase the <br />maximum amount of Compensation for said Agreement. <br />C. The parties entered into a Second Amendment to said Agreement No. A-2021-228 <br />dated November 16, 2021, in order to again extend the Term of said Agreement. <br />D. In accordance with the terms and conditions of said Agreement, as amended, the Parties <br />desire to again amend Section 2 — Effectiveness and Term of Agreement, to extend the <br />Term of said Agreement, and Section 3 — Compensation, to increase the maximum <br />amount of 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, as amended, except as herein modified, the parties agree <br />as follows: <br />1. Section 2(b), Effectiveness and Term of Agreement, shall be amended to extend the potential <br />no later than end date of the Term of said Agreement from January 31, 2022, to February 28, <br />2022, subject to the termination provisions in the First Amendment to said Agreement. <br />2. Section 3(b), Compensation, shall be amended to increase the maximum amount of <br />compensation by three -hundred and seventy-eight thousand dollars ($378,000.00), such that <br />the total sum to be expended under said Agreement shall not exceed two -million one -hundred <br />and seventy-eight thousand dollars ($2,178,000.00) dining the Term of said Agreement, <br />subject to the termination provisions in the First Amendment to said Agreement. <br />3. Except as modified by this Third Amendment, all terms and conditions of said Agreement, as <br />modified by the First and Second Amendments, shall remain in full force and effect. <br />Page I of 2 <br />