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HomeMy WebLinkAboutILLUMINATION FOUNDATION (15)N INSURANCE NOT ON FILE A-2021-046 WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: OPERATING AGREEMENT WITH THE H.LUABNATION FOUNDATION g-% cvq(Te E SJOR USE OF THE FULLERTON RECUPERATIVE CARE CENTER C i0 -T`�On the 6a' day of April, 2021, THIS AGREEMENT was presented to the City Council of the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), detailing the terms and conditions provided below for The Illumination Foundation ("Contractor"), to operate and provide beds on behalf of the City at Contractor's Fullerton Recuperative Care Center. RECITALS A. Contractor currently operates The Link Emergency Shelter in the City of Santa Ana ("The Link") on behalf of the City, but The Link will be closing on or before April 30, 2021. B. The City is in the process of constructing a Year -Round Homeless Navigation Center at 1915 Carnegie Avenue in Santa Ana ("Carnegie Navigation Center"). C. Accordingly, the City desires to retain a contractor to administer and operate a temporary emergency shelter on behalf of the City during the time between The Link closure and while the Carnegie Navigation Center is constructed. D. Contractor operates the Fullerton Recuperative Care Center ("Fullerton Shelter"), which will be used to temporarily house the current clients at The Link, as well as new clients referred by the City and Street Outreach teams, until the Carnegie Navigation Center in completed and ready to open operations. E. Contractor will serve as the operator of the Fullerton Shelter and remain onsite until all City guests at the Fullerton Shelter have transitioned to the new Carnegie Navigation Center or have exited to other successful housing placements. F. Contractor is qualified by experience, preparation, organization, staffing, and management to operate programs on behalf of homeless individuals and is familiar with existing homeless services in the City. G. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES a. Contractor shall provide all premises, approvals, facilities, labor, staffing, training, equipment, services, and items (collectively, the "Services") appropriate and necessary to fully and adequately perform, and shall perform, the Scope of Services established for the Fullerton Shelter as described in the Scope of Services attached hereto as Page 1 of 11 Exhibit A and incorporated in full. Contractor shall provide at least 75 beds for the City, with a guarantee of up to 100 beds if needed. All Services shall be performed at the Fullerton Shelter, owned by the Contractor and acceptable to the City, and in accordance with the provisions of this Agreement and all applicable local, state, and federal laws, rules, and regulations. b. Contractor shall ensure that any equipment purchased with funds pursuant to this Agreement, and utilized for and at the Fullerton Shelter, will be disposed of in accordance with the direction of the City. In addition, all equipment furnished to the Contractor by the City and/or purchased by the Contractor with funds pursuant to this Agreement, will be limited to use within the activities outlined by this Agreement and will remain the property of the City. Upon termination of this Agreement, Contractor will immediately return all equipment to the City or dispose of it in accordance with the direction of the City. 2. EFFECTIVENESS AND TERM OF AGREEMENT a. The Fullerton Shelter is located at 3535 W. Commonwealth Avenue in Fullerton. CA ("Site"). b. This Agreement will commence upon the date first written above and continue through September 30 2021 ("Term"), unless terminated earlier in accordance with Section 15, below. Services shall commence on or before April 20, 2021 ("Effective Date"). The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. C. The City shall indemnify, defend and hold harmless Contractor from any loss, claim or damage arising out of or resulting from any breach by the City of its obligations under this Agreement, including without limitation the City's failure to pay sums required hereunder. The Contractor acknowledges that City is entering into this Agreement in reliance on the Contractor's performance of its obligations under this Agreement. The Contractor shall indemnify, defend and hold harmless City from any loss, claim or damage arising out of or resulting from any breach by the Contractor of its obligations under this Agreement, including without limitation the Contractor's failure to operate the Fullerton Shelter and Services required hereunder which City will rely upon to fulfill City's obligations under this Agreement, but excluding the Contractor's failure to pay sums to be funded by the City under this Agreement. 3. COMPENSATION a. From and after the Effective Date, City shall pay Contractor the flat monthly fee of $230,000 as compensation for all Services rendered under this Agreement for up to 75 individuals during the Term as provided in Exhibit B attached hereto and incorporated herein by reference. If the daily census exceeds 75 for any days during the month, a true -up calculation can be made in arrears monthly at a per diem rate of $55 per individual in excess of 75. An audit of expenses will be conducted on a monthly basis to reconcile any over or under -payment of expenses by the City. In Page 2 of 11 the case of the former, Contractor shall credit the City the amount of over -payment in the immediate period. In the case of the latter, the City shall pay the Contractor the amount of the under -payment. b. The total sum to be expended under this Agreement shall not exceed $1,500,000. C. Contractor shall submit an invoice to the City (evidencing fees, costs or services performed, subject to City accounting procedures) when Contractor needs funds provided for in the Exhibit B. City shall pay Contractor the invoiced amounts within thirty (30) days following receipt of proper invoice. d. The compensation required pursuant to this Agreement could be paid by City to Contractor from multiple federal, state, and local funding sources (each individually a "Funding Source" and cumulatively the "Funding Sources"), including, but not limited to, the following: i. ESG-CV ii. ESG-CV2 Contractor will be required to enter into a separate funding agreement for each Funding Source. Contractor will be required to comply with all requirements of each Funding Source, as detailed in the separate funding agreements. The total amount of compensation in said funding agreements shall count toward the total amount due and owing from City to Contractor under this Agreement, not compensation in addition to the total amount of this Agreement. If Contractor does not execute any of the separate funding agreements, Contractor will forfeit that amount of funding from that Funding Source, and City will have the option to terminate this Agreement pursuant to the terms of Section 15, below. Additionally, in the event any Funding Source is reduced by 25% or more, City will have the option to terminate this Agreement pursuant to the terms of Section 15, below. 4. SERVICE DELIVERY MONITORING The City Manager or his or her designee shall have the right to access all activities and facilities operated by Contractor under this Agreement. Facilities include all files, records, and other documents related to the performance of this Agreement (except for any such materials which Contractor is required by law to keep confidential). Activities include attendance at staff, board of directors, advisory committee and advisory board meetings, and observation of on -going program functions. Contractor shall permit on -site inspection of the Fullerton Shelter by City and ensure that Contractor's employees and board members furnish such information, as in the reasonable judgment of the City may be relevant to the question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the Services. 5. REPORTING Contractor shall provide to the City written reports of the Services as required, or upon reasonable request from the City, in a format to be approved by the City. Page 3 of 11 6. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $5,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Workers' Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for workers' compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. Page 4 of 11 e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in fall force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. (v) Contractor shall supply City with a fully executed additional insured endorsement. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to fiunish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION By Contractor. Contractor agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the operations or willful misconduct of the Contractor or its, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal Page 5 of 11 or property rights arises by reason of the terms of, or effects arising from this Agreement. Contractor's indemnification obligations hereunder shall not extend to any claims to the extent caused by the City's negligence, willful misconduct or breach of this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Contractor's indemnification obligations in this section shall survive expiration of this Agreement. By CitX. City agrees to and shall indemnify, defend, and hold harmless the Contractor, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the operations or willful misconduct of the City or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the subject matter of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. City's indemnification obligations hereunder shall not extend to any claims to the extent caused by Contractor's negligence, willful misconduct or breach of this Agreement. Contractor may make all reasonable decisions with respect to its representation in any legal proceeding. City's indemnification obligations in this section shall survive expiration of this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours (except for any such materials which Contractor is required by law to keep confidential). Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. Page 6 of 11 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with the performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax number: With courtesy copies to: To Contractor: City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Fax: The Illumination Foundation 1091 N. Batavia St. Orange, CA 92867 Attn: Paul Leon, CEO Fax number: With courtesy copies to: Steven J. Dzida, Esq. Dzida, Carey & Steinman 3 Park Plaza, Suite 750 Irvine, CA 92614 Fax: 949/399-0361 Page 7 of 11 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other contractors or consultants retained by City. No assignment by the City of its rights or obligations under this Agreement shall relieve the City of any of its obligations under this Agreement. 15. TERMINATION This Agreement may be terminated by the City for default by Contractor, or as otherwise prescribed by the terms of this Agreement, upon sixty (60) days written notice of termination, which notice shall set forth with specificity the cause for termination. Contractor shall have an opportunity to cure any alleged default for a period of thirty (30) days after receipt of the notice of termination. If Contractor has cured the alleged default in the reasonable opinion of City, then this Contract shall not be terminated. If this Agreement is terminated, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor and costs incurred or accrued by Contractor prior to Contractor's receipt of such notice of termination. 16. NONDISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by Page 8 of 10 applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. GOVERNING LAW AND VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each person signing this Agreement on behalf of Contractor represents and warrants that its signature herein below has the power, authority and right to bind Contractor to each of the terms of this Agreement and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. Each person signing this Agreement on behalf of City represents and warrants that its signature herein below has the power, authority and right to bind the City to each of the terms of this Agreement and shall indemnify Contractor fully, including reasonable costs and attorney's fees, for any injuries or damages to Contractor in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. (Signatures on followingpage) Page 9 of 10 A-2021-046 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA Kristine Ridge City Manager ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Ryan O. od Assistan City Attorney RECOMMENDED FOR APPROVAL: Steven Mendoza Executive Director Community Development Agency A— SCOPE OF SERVICES B—BUDGET CONTRACTOR ame:N(r- Title: G'F Page 10 of 10 W:cu3rNn Fullerton Interim Shelter for LINK Clients GOAL: Temporarily house the current clients at the LINK Shelter at the Fullerton Recuperative Care Center until the Carnegie Navigation Center in Santa Ana is complete and ready to move in. Will also include new clients referred from Street Outreach teams. Illumination Foundation has offered the following services that include, but are not limited to: • Case Management • Substance Use Counseling • Behavioral Health • Housing Navigation • Site Aids • Security • Meals • Pet Accommodations • Initial transportation (clients, pets, and belongings) from Santa Ana to Fullerton will be provided by IF staff. • Daily transportation to and from Fullerton/Santa Ana. IF will transport clients enrolled in LINK Shelter from Fullerton to Santa Ana daily as needed to ensure continuity of services and access to resources. • IF will continue to receive and process intake referrals in cooperation with Outreach and Engagement in the city of Santa Ana. We will ensure services remain status quo with current Santa Ana outreach and engagement policies and procedures. • In -Kind Services from IF Medical Group Doctors and Therapists. Medical Group staff will be available on site to provide primary care and behavioral health services. EXHIBIT B BUDGET: Flat monthly fee for all services is $230,000 (detailed budget on the following page) for up to 75 individuals. This includes the costs of all operations and staff. If the daily census exceeds 75 for any days during the month, a true -up calculation can be made in arrears monthly at a per diem rate of $55. The monthly fee is payable on or before the 15"' of the month services are rendered. ILLUMINATION FOUNDATION FULLERTON RECUPERATIVE CARE INTERIM SHELTER MONTHLY OPERATING BUDGET OPERATING EXPENSES Program Staff Salary & Benefits Client Assistance Food Other Needs Facilities Rent/Utilities/Maintenance Property insurance Other Expenses Security services Liability insurance Pet care Office supplies Telecom Staff mtg & travel Transportation MiscOlaneous 89,063 21.50 FTEs $ 19,771 $ 2,966 Sub -total 22,736 Sub -total Sub -total �a 46,425 1,250 32,120 1,250 750 430 645 323 4,500 650 $ 47,67S �M Administrative Expenses $ 30,IS21 TOTAL OPERATING EXPENSES 0A 230,163 Dlgltallyslgned by Frarnme R. Francine R, Villareal vlilareei Date: 2020.10.0717:08:04 -07 b0' AC o� CERTIFICATE OF LIABILITY INSURANCE DATE(MMID 20 DffYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement s). PRODUCER eowermaster &Associates 10805 Holder St CONTACT NAME; LlZette OFOZCO PHONE 714-733-6248 AX No: E-MAINo,LExfl ADDRESS: lorozco bowermaster.com Ste 350 Cypress CA 90630 INSURERS AFFORDING COVERAGE NAICN INSURER A: Philadelphia Indemnity Insurance 18058 INSURED ILLUFOU-07 Illumination Foundation 1091 N. Batavia Street INSURERS: Redwood Fife & CaSUBb/ Insurance 11673 INSURERC: Nonprofits' Insurance Alliance Of California INSURER D : Orange CA 92867 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 193244276 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. HER TYPE OFINSURANCE ADDLSUBR POLICYNUMBER POLICYEFF (MMIDDNYWI POLICY EXP IMMIDDEYYYY)LIMITS C X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FvI OCCUR Y 2020-24712 9/15/2020 9/15/2021 EACH OCCURRENCE $1,000,000 OAMAGERENTED PREMISESS(Ea Eaoccurrence) $500,000 X MED EXP(Any one arson) $20,000 Prof LiabillfV PERSONAL &ADV INJURY $1,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER: POLICY ❑ JECT LOC GENERALAGGREGATE $3,000,000 PRODUCTS - COMPIOP AGG $3,000,000 $ OTHER: C AUTOMOBILE LIABILITY 2020-24712 9/15/2020 W15/2021 COMBINED SINGLE LIMIT Ea accident) $1,000,000 BODILY INJURY (Par person) $ ANYAUTO IX OWNED SCHEDULED AUTOS ONLY AUTOS ( BODILY INJURY Per accdent) i $ XIHIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTYDAMAGE Per accitlenl $ C X UMBRELLA LIAR X OCCUR 2020-24712-UMB 9/15/2020 9/1512021 EACH OCCURRENCE $7,OOQ000 AGGREGATE $7,000,000 EXCESS LIAR CLAIMS -MADE DED I 'RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ILWC107887 1/1/2020 1/1/2021 X STATUTE ERH E.L. EACH ACCIDENT $1,000,000 ANYPROPRIETOWPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? NIA - E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 A C Commercial Cyber Uablllty Improper Sexual Conduct PHSD1575498 2020-24712 7911 911512021 9115I2021 A99: $3,000,000/Each A99$1,000,000/Each $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS l VEHICLES (ACORD 101, Additional Remark.Schedule, maybe attached if more space is required) City of Santa Ana, it's officers, employees, agents, and volunteers are Additional Insured with respects to General Liability per attached endorsement form; Primary and Non -Contributory wording applies per attached endorsement form. 30-day notice of cancellation is provided per policy provisions. City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Fir Santa Ana CA 92702 USA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ©1988.2015 ACI ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD g,tea n WdrMwlagnnent DirieMl. m REVIEWED dt APPROVEDBY: �' f (���,r��� ��g tr '� Fud,10:1" R. YKr!✓�aAB " I Risk Managemeri Analyst NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA A Head for Insurance, A Heart for Nonprofits. POLICY NUMBER: 2020-24712 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: A. Section II — WHO IS AN INSURED is amended to include: 4. Any public entity as an additional insured, and the officers, officials, employees, agents and/or volunteers of that public entity, as applicable, who may be named in the Schedule above, when you have agreed in a written contract or written agreement presently in effect or becoming effective during the term of this policy, that such public entity and/or its officers, officials, employees, agents and/or volunteers be added as an additional insured(s) on your policy, but only with respect to liability for "bodily injury', "property damage' or "personal and advertising injury' caused, in whole or in part, by: a. Your negligent acts or omissions; or b. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity or individual is an additional insured for liability arising out of the sole negligence by that public entity or its designated individuals. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. B. Section III — LIMITS OF INSURANCE is amended to include: 8. The limits of insurance applicable to the public entity and applicable individuals identified as an additional insured(s) pursuant to Provision A.4. above, are those specified in the written contract between you and that public entity, or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of Insurance under this policy. C. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or N IAC-E61 02 19 RlskManagen entElWan WFREmEWED & APPRovto By. 41� 3 � '�ae�roY.t Risk Management Analyst NONPROFITS INSURANCE ALLIANCE OF CALIFOILNIA A Head for Insurance. A Heart far Nonprofits. POLICY NUMBER: 2020-24712 (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I — COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE. (a) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self -insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. NIAC-E61 02 19 Risk hlm agef l)Me[m REMmEo & NRROVM BY. � �askMan Management Analyst i Risk Management Analyst POLICY NUMBER: 2020-24712 Named Insured: Illumination Foundation COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 ..o RlekManagementD[Welm APA ? o REVIEWED&APPROVED BY.' f�aa cis a R, V P[wwtt Rkk Mamgement Analyst NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA A Head for Insurance. A Heart for Nonprofits. NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA (NIAC) www.insurancefornonprofits.org COMMERCIAL UMBRELLA POLICY DECLARATIONS PRODUCER: POLICY NUMBER: 2020-24712-UMB Bowermaster & Associates Insurance Agency, Inc. 10805 Holder St. Ste. 350 Cypress, CA 90630 Item 1 NAME OF INSURED AND MAILING ADDRESS: Illumination Foundation 1091 N. Batavia Street Orange, CA 92867 Item 2 POLICY PERIOD: FROM 9/1512020 TO 9/15/2021 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE BUSINESS DESCRIPTION: Provides services and temporary housing for the homeless IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS POLICY. Item 3 THE ANNUAL AND MINIMUM PREMIUM DUE AT INCEPTION: Item 4 LIMITS OF INSURANCE: a. Each Occurrence (other than Directors' & Officers' Liability, Improper Sexual Conduct and Physical Abuse Liability, and Social Service Professional Liability) ........................................ Each Wrongful Act - Directors' & Officers' Liability................................................................. Each Occurrence - Improper Sexual Conduct Liability........................................................ Each Occurrence - Social Service Professional Liability......................................................... b. Products Completed Operations Aggregate [(where applicable)] ....................................... C. General Aggregate.............................................................................................................. d. Directors' & Officers' Liability Aggregate.............................................................................. e. Improper Sexual Conduct Liability Aggregate....................................................................... f. Social Services Professional Liability Aggregate................................................................... Item 5 RETROACTIVE DATES -SEE SCHEDULE OF UNDERLYING INSURANCE $47,480 7,000,000 7,000,000 2,000,000 7,000,000 7,000,000 7,000,000 7,000,000 2,000,000 7,000,000 FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY AT INCEPTION (NUMBER AND EDITION DATE): CU 2133 01 15, NIAC-EO03 UMB 08 20, NIAC-EI33 UMB 05 20, NIAC-E42 UMB 09 19, SCHEDULE A 0180, UMB 23106 16, UMB 232 06 16, UMB-100 08 18, UMB61 0513 COUNTERSIGNED: 9/15/2020 BY 00,� (�,XQ. (AUTHORIZED REPRESENTATIVE) THESE DECLARATIONS, THE ATTACHED SCHEDULE OF UNDERLYING INSURANCE, TOGETHER WITH THE ATTACHED SCHEDULE OF FORMS AND ENDORSEMENTS, AND ANY FORMS AND ENDORSEMENTS WE MAY LATER ATTACH TO REFLECT CHANGES, MAKE UP AND COMPLETE THE ABOVE NUMBERED POLICY. Notice: This risk pooling contract is issued by a pooling arrangement authorized by California Cor 5005.1. The pooling arrangement is not subject to all of the insurance laws of the State of Califor mekMa ugzmantovis on regulation by the Insurance Commissioner. Insurance guaranty funds are not available to pay clai REVIEWED&APPRovm8r. becomes insolvent. F44w,tme R, VjtwA 4l NIAC - UMB / 2-99 Risk Managernnt Analyst