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Item 34 - Third Amendment to Operating Agreement with Salvation Army
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Item 34 - Third Amendment to Operating Agreement with Salvation Army
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8/16/2023 10:36:59 AM
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Agenda Packet
Agency
Clerk of the Council
Item #
34
Date
4/5/2022
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Page 1 of 2 <br />THIRD AMENDMENT TO OPERATING AGREEMENT WITH <br />THE SALVATION ARMY TO OPERATE <br />THE HOSPITALITY HOUSE SHELTER <br />THIS THIRD AMENDMENT to the above-referenced agreement is entered into on April 5, 2022, <br />by and between The Salvation Army (“Contractor”), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California (“City”). <br />RECITALS <br />A.The parties entered into an Agreement dated June 15, 2021, by which Contractor agreed <br />to administer and operate the Hospitality House to temporarily house clients referred <br />by the City and Street Outreach teams (“Agreement”). <br />B.The parties entered into a First Amendment to said Agreement No. A-2021-106-01 <br />dated November 16, 2021, in order to extend the Term of said Agreement and to <br />increase the maximum amount of Compensation for said Agreement. <br />C.The parties entered into a Second Amendment to said Agreement dated January 18, <br />2022, in order to again extend the Term of said Agreement and to increase the <br />maximum amount of Compensation for said Agreement. <br />D.In accordance with the terms and conditions of said Agreement, the Parties d esire to <br />again amend Section 2 – Effectiveness and Term of Agreement, to extend the Term of <br />said Agreement, and Section 3 – Compensation, 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, 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, Compensation, subsections (a) and (b), shall be amended to increase the maximum <br />amount of compensation by four hundred thousand dollars ($400,000.00), such that the total <br />sum to be expended under said Agreement shall not exceed one-million four hundred and forty <br />thousand dollars ($1,440,000.00) during the Term of said Agreement, subject to the <br />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 />EXHIBIT 1
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