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Item 32 - Fourth Amendment to Operating Agreement with Illumination Foundation
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Item 32 - Fourth Amendment to Operating Agreement with Illumination Foundation
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8/16/2023 10:36:41 AM
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Agenda Packet
Agency
Clerk of the Council
Item #
32
Date
4/5/2022
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Page 1 of 2 <br />FOURTH AMENDMENT TO OPERATING AGREEMENT WITH <br />THE ILLUMINATION FOUNDATION FOR USE OF <br />THE FULLERTON RECUPERATIVE CARE CENTER <br />THIS FOURTH AMENDMENT to the above-referenced agreement is entered into on April 5, <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.The parties entered into a Third Amendment to said Agreement No. A -2022-006-01 <br />dated January 18, 2022, in order to again extend the Term of said Agreement and <br />increase the maximum amount of Compensation for said Agreement. <br />E.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 to June 30, 2022, subject to the <br />termination provisions in the First Amendment to said Agreement. Said extension shall apply <br />to any and all services provided under said Agreement since February 28, 2022. <br />2.Section 3(b), Compensation, shall be amended to increase the maximum amount of <br />compensation by one million one hundred thousand dollars ($1,100,000.00), such that the total <br />sum to be expended under said Agreement shall not exceed three-million two-hundred and <br />seventy-eight thousand dollars ($3,278,000.00) during the Term of said Agreement, subject to <br />the termination provisions in the First Amendment to said Agreement. <br />EXHIBIT 1
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