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Parks, Recreation, and Community Services <br />www.santa-ana.org/parks <br />fl <br />Item # 27 <br />or City of Santa Ana <br />20 Civic Center Plaza, Santa Ana, CA 92701 <br />Staff Report <br />September 21, 2021 <br />TOPIC: Approve a Substantive Change to the Facilities Use Agreement with Training and <br />Research Foundation <br />AGENDA TITLE: <br />Approve a Substantive Change to the Facilities Use Agreement with Training and <br />Research Foundation to Modify Indemnification Language in the Agreement <br />RECOMMENDED ACTION <br />Approve a substantive change to the facilities use agreement with Training and Research <br />Foundation that was approved on August 17, 2021 to modify indemnification language in <br />the agreement in order to operate childcare centers at Corbin Community Center and El <br />Salvador Community Center. <br />DISCUSSION <br />On August 17, the Santa Ana City Council approved an agreement of a facilities use <br />agreement with Training and Research Foundation to operate childcare centers at Corbin <br />Community Center and El Salvador Community Center, for a term beginning August 17, <br />2021 and ending August 31, 2021, subject to non -substantive changes approved by the <br />City Manager and City Attorney. <br />Since approval of the facilities use agreement, the Training and Research Foundation <br />(TRF) has requested a substantive change. Based on a recommendation by TRF's <br />insurance provider, the requested modification to the indemnification language would be <br />to remove Paragraph 10. Indemnification, Section B., which states: <br />TRF agrees to indemnify the City from and against any contamination of the Facilities <br />with hazardous materials by TRF occurring after the commencement of this Agreement. <br />TRF further agrees to defend and hold harmless the City from and against all actions, <br />agreements, attorney's fees, causes of action, claims, contracts, costs, covenants, <br />damages, debts, demands, expenses, judgments, lawsuits, liabilities, liens, losses, <br />obligations, and orders which arise during or after the term of this Agreement related to <br />the existence of hazardous materials at the Facilities or in the groundwater under the <br />Facilities except for: (1) the cost of any remediation of Hazardous Materials deposited in <br />