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Page 1 of 11 <br /> <br />OPERATING AGREEMENT WITH THE ILLUMINATION FOUNDATION <br />FOR USE OF THE FULLERTON RECUPERATIVE CARE CENTER <br /> <br />On the 6th day of April, 2021, THIS AGREEMENT was presented to the City Council of the City <br />of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (“City”), detailing the terms and conditions <br />provided below for The Illumination Foundation (“Contractor”), to operate and provide beds on <br />behalf of the City at Contractor’s Fullerton Recuperative Care Center. <br /> <br />RECITALS <br /> <br />A. Contractor currently operates The Link Emergency Shelter in the City of Santa Ana (“The <br />Link”) on behalf of the City, but The Link will be closing on or before April 30, 2021. <br /> <br />B. The City is in the process of constructing a Year-Round Homeless Navigation Center at <br />1815 Carnegie Avenue in Santa Ana (“Carnegie Navigation Center”). <br /> <br />C. Accordingly, the City desires to retain a contractor to administer and operate a temporary <br />emergency shelter on behalf of the City during the time between The Link closure and while <br />the Carnegie Navigation Center is constructed. <br /> <br />D. Contractor operates the Fullerton Recuperative Care Center (“Fullerton Shelter”), which <br />will be used to temporarily house the current clients at The Link, as well as new clients <br />referred by the City and Street Outreach teams, until the Carnegie Navigation Center in <br />completed and ready to open operations. <br /> <br />E. Contractor will serve as the operator of the Fullerton Shelter and remain onsite until all City <br />guests at the Fullerton Shelter have transitioned to the new Carnegie Navigation Center or <br />have exited to other successful housing placements. <br /> <br />F. Contractor is qualified by experience, preparation, organization, staffing, and management <br />to operate programs on behalf of homeless individuals and is familiar with existing homeless <br />services in the City. <br /> <br />G. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional contracting firm in the field. <br /> <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. SCOPE OF SERVICES <br /> <br />a. Contractor shall provide all premises, approvals, facilities, labor, staffing, training, <br />equipment, services, and items (collectively, the “Services”) appropriate and necessary <br />to fully and adequately perform, and shall perform, the Scope of Services established <br />for the Fullerton Shelter as described in the Scope of Services attached hereto as