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HomeMy WebLinkAboutILLUMINATION FOUNDATION (26)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES a • IS' L1 A-2021-175-01 CLERK OF COUNCIL DATE: FIRST AMENDMENT TO AGREEMENT WITH THE ILLUMINATION FOUNDATION TO OPERATE A YEAR-ROUND HOMELESS NAVIGATION CENTER AT 1815 CARNEGIE AVENUE IN SANTA ANA 0: C OA Cf�p J HIS FIRST AMENDMENT to the above -referenced agreement is entered into on May 2022, by and between the Illumination Foundation ("Contractor") and the City of Santa N Ana, a charter city and municipal corporation organized and existing under the Constitution and a laws of the State of California ("City"). cz ea RECITALS A. The parties entered into Agreement No. A=2021-175, dated September 7, 2021, by which Contractor agreed to administer and operate the year-round Homeless Navigation Center at 1815 E. Carnegie, Santa Ana, upon its completion by City ("Homeless Navigation Center"). B. The Homeless Navigation Center initially opened in a limited capacity on May 2, 2022, with full operations to follow. Specifically, only the women's dorm and other limited facilities have been completed, while the rest of the facility is still under active construction. C. The women's dorm has been completely sectioned off from the construction site and has received appropriate approval to operate as an emergency shelter. D. On May 2, 2022, Contractor began operating this completed portion of the Homeless Navigation Center to provide services for five (5) women("Interim Women's Shelter"), in addition to continuing to provide services separately contracted for at the Fullerton Navigation Center. E. The parties now wish to amend the scope of services, term of agreement, and compensation under the Agreement to include the provision of services by Contractor during the initial period of limited capacity at the Homeless Navigation Center. Upon the completion of construction and commencement of full operations at the Homeless Navigation Center, the terms of this First Amendment shall expire and the scope of services and all other terms of the original Agreement shall continue in effect. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree to the following: 1. Section 1, Scope of Services, is amended to include the scope of services described in Exhibit A attached herewith and incorporated herein, which shall only be applicable during the period of the Interim Women's Shelter at the Homeless Navigation Center. Section 2, Term of Agreement, is amended such that Contractor shall provide limited services for the Interim Women's Shelter at the Homeless Navigation Center commencing on May 2, 2022, as described in Exhibit A. The services described in A-2021-175-01 Exhibit A will expire and revert to the original scope of services upon the full opening of the Homeless Navigation Center, which will be determined in the sole discretion of the City. 3. Section 3, Compensation, is amended such that, during the term of the limited operations for the Interim Women's Shelter, City shall compensate Contractor for the limited services provided based on an hourly rate for the staff provided and actual costs approved by the City at the Interim Women's Shelter as indicated in Exhibit B attached herewith and incorporated herein. The total amount of compensation for operation of the Interim Women's Shelter shall not exceed $51,696 per month. The City agrees to reimburse Contractor up to $2,000.00 for initial start-up costs as approved and agreed upon to make the Interim Women's Shelter operational. Backup documentation shall be provided to the City along with the invoice from Contractor. 4. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST Daisy omez Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: ��.-K John 9. Funk Senior Assistant City Attorney CITY OF SANTA ANA �— — J YA--- Kristine Ridge City Manager CONTRACTOR By: Jack Toan Title: COO EXHIBIT A SCOPE OF SERVICES Illumination Foundation will provide one (1) site staff 24-hours a day, seven days a week, at the hourly rate of $2313, and one (1) case manager to provide case management for clients Monday through Friday for 4 hours each day, at the hourly rate of $2875, as shown in Exhibit B. Illumination Foundation will apply a 10% admin fee on invoices. The services highlighted below have been modified from the original contract for the Interim Women's Shelter: GOOD NEIGHBOR POLICY Illumination Foundation is committed to communication with neighbors on an ongoing basis. As part of this commitment, a public inquiry phone number and contact information will be posted. Community stakeholders may call this number for information about the site or to have any questions answered. Any community complaints and/or inquiries about the program will be recorded and forwarded to the appropriate staff for prompt investigation. Illumination Foundation will be fully committed to an appropriate customer service response and will consider the resolution of community complaints a high priority. MEALS Breakfast, lunch, and dinner will be provided for all clients. The City of Santa Ana will utilize the services of a long-time partner to fill this need until such time we are fully equipped to prepare food in-house. The City will provide staff to coordinate food pick up from vendor and delivery to the Homeless Navigation Center. The City will also be responsible for coordinating, purchasing and the delivery of healthy snacks and drinks to the site. Any food catering arranged by Illumination Foundation must be approved by the City before being invoiced to the City for payment. HYGIENE FACILITIES Hygiene facilities ill be provided on -site including toilets and showers. Clients will be encouraged to utilizjethese facilities daily. Toiletries will be provided by Illumination Foundation to clients as needed. TRANSPORTATION The City of Santa Ana will provide a driver and van to transport clients in and out of the Homeless Navigation Center to predetermined drop off/pick up locations throughout the city as determined by the City of Santa Ana. The transport schedule will be coordinated with Illumination Foundation. Other transportation may be completed by Uber, Lyft, Veyo and OCTA depending on the availability of transportation, the volume of clients requiring transportation on a given day, and the client's vulnerability and capabilities. SECURITY Illumination Foundation will contract with a state -licensed security vendor that will be stationed inside and outside of the facility property 24 hours a day, 7 days a week. The City will contract for the 24-hour, 7 day a week Fire Watch Building Security during the period of the Interim Women's Shelter and continuing construction. Illumination Foundation will contract for one (1) overnight security guard and one (1) additional security guard during the day, 7 day a week inside Security, that will be invoiced to the City of Santa Ana for payment. Illumination Foundation will follow policies and procedures that promote utmost safety for clients, staff, volunteers, and the community. Illumination Foundation will strive to provide an atmosphere that promotes community, stays alert for signs of conflict, and confronts behaviors before they escalate. The security plan will include a multifaceted approach involving secured entrances, security searches upon entrance, confiscation of harmful contraband, trained security personnel providing indoor and outdoor coverage, security cameras, and lighting. Other program elements that will support security efforts include no walk ups and no loitering policies. LAUNDRY The City will be responsible for coordinating, providing and paying for laundry service. Digitally signed by Ton Pierson TOrI Pierson Date: 2022A638 09:19.04 -or0v A� �® CERTIFICATE OF LIABILITY INSURANCE DA 6M5/zo22 Y) 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 policy(ies) 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 lieu of such endorsement(s). PRODUCER Bowermaster &Associates 10805 Holder St Ste 350 CONTACT LIZBtte OfOZCO NAME:PHONE FAX AIC No Ert: 714-733-6248 pIC No: AIL ADDRESS: lorozm@bowermaster.com Cypress CA 90630 INSURERS AFFORDING COVERAGE NAIC9 INSURER A: Philadelphia Indemnity Insurance 18058 INSURED ILWFOU-0I The Illumination Foundation 1091 N. Batavia Street INSURER B: Nonprofits' Insurance Alliance of California 11384 INSURER C: Cypress Ins Co 10855 INSURED Orange CA 92867 INSURERR E INSURER F: COVERAGES CERTIFICATE NUMBER: 1663127581 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. INSR LTR TYPE OF INSURANCE ADD BR POLICYNUMBER MMIDDY� Mxxmm NYPY LIMITS B X CON MERCIALGENERAL LIABILITY CLAIMS -MADE � OCCUR Pror Liability Y 2021-24712 9/15/2021 9/15/2022 EACH OCCURRENCE $1,000,000 A A ET RENEU PREMISES KLNI nence $500,000 X GEN'L X MED EXP (Any one person) $ 20,000 PERSONAL B ADV INJURY $1,000.000 AGGREGATE LIMIT APPLIES PER: POLICY [::]PRO, ECT ❑OC OTHER: GENERAL AGGREGATE $3,000,000 PRODUCTS-COMP/OPAGG $3,000,000 $ B AU70MOBILELIABILITY X X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED X NON N AUTOS ONLY AUTOSS ONLY 2021-24712 9/15/2021 9/15/2022 COMBINEOSINGLE LIMIT Ea accident §1,000,000 BODILY INJURY (Per person) $ BODILY INJURY Per accident ( ) $ PROPERTY DAMAGE Par accident $ B X UMBRELLALIAB EXCESS LIAR X OCCUR CLAIMS -MADE 2021-24712-UMB 9/15/2021 9/15/2022 EACH OCCURRENCE $7,000,000 AGGREGATE $7,000,000 DED I I RETENTION$ $ C WORKERS COMPENSATION AND EMPLOYERS'LIABIDTY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, descnbe under DESCRIPTION OF OPERATIONS below NIA ILWC310553 1/112022 1/1/2023 X STATUTE 10 ERH E.L. EACH ACCIDENT $1,D00,GOO E.L. DISEASE - EA EMPLOYEE $1,D00,000 E.L. DISEASE -POLICY LIMIT $1,000,000 A B Commercial Cyber Liability Improper Sexual Conduct PHSD1575498 2021-24712 9/15/2021 9/15/2021 9/15/2022 9/15/2022 Age: $3,000,000/Each Agg:$1,000,000/Each $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) City of Santa Ana, Its 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ll MmrgandUHion LI-.`°:,. I�Y4v,ID6ArvRw®Br. ACORD 25 (2016103) V T988-Z015 AUUKU LA .."".......... r'--'--"• The ACORD name and logo are registered marks of ACORD 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 RaoM.. MWw /��\, �.. Rentvren4MPRWmBY. �RehMv,a9nrnrt OaicilNtle - NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA A Head Jar Insurance. A Heartfor 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 NIAC-E61 02 19 (YI�R�eum6ArvxwmBr %u (7rc�orr RUNMa,ugertm�0eiral Ai.fe NONPROFITS INSURANCE �■ ALLIANCE OF CALIFORNIA A Head/or Insurance. A Heart/or NanpraJlts. 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 insurers share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. wtrw..�aeo -: REmF &ArPR�T'®Br. �erskroa,.,ve,mnu�.;caiaa� NIAC-E61 02 19 NONPROFITS INSURANCE -M ALLIANCE OF CALIFORNIA A Head for Insurance. A Heartfor Nonprofits. NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA (NIAC) www.insurancefomonprofits.org SCHEDULE A - SCHEDULE OF UNDERLYING INSURANCE POLICY NUMBER: 2021-24712-UMB CONTROL NUMBER: 24712 NAME OF INSURED: Illumination Foundation; Integrated Community Healthcare Solutions; Home4Health Broadway, LLC; Illumination Housing, LLC TYPE OF POLICY APPLICABLE LIMITS INSURER POLICY # APPLICABLE PERIOD (A) Automobile Bodily Injury and Property Damage NIAC 09/15/2021 to 09/15/2022 Liability Combined Single Limit ...................... :................. $1,000,000 2021-24712 - - Business Auto Uninsured/UnderinsuredMotorist ....................... N/A (Does not include:Terrorism Coverage - Certified Acts) (B) Commercial Each Occurrence Limit .................................. $1,000,000 NIAC 09/15/2021 to 09/15/2022 General General Aggregate Limit ................................ $3,000.000 2021-24712 Liability Products/Completed Operations Aggregate Limi $3,000,000 . . Personal & Advertising Injury Limit .................... $1,000,000 Damage to Premises Rented to You .................... N/A (any one premises) (Does not include:Terrorism Coverage - Certified Acts) (C) Social Each Occurrence Limit .... ....... ....:................... $1.000,000 NIAC 09/15/2021 to 09/15/2022 Service Professional""""""""'""""' Aggregate Limit $3,000,000 2021-24712 Liability (Does not include:Terrorism Coverage - Certified Acts) (D) Standard Coverage B - Employers Liability Workers Compensation & Employers Bodily Injury by Accident ..................................... N/A Each Accident Liability Bodily Injury by Disease ....................................... N/A Each Employee Bodily Injury by Disease ..................................... N/A Policy Limit (E) Improper Each Occurrence Limit...................................... $1,000,000 NIAC 09/15/2021 to 09/15/2022 Sexual General Aggregate Limit ................................. $1,000,000 2021-24712 Conduct and Physical Abuse (Does not include:Terrorism Coverage - Certified Acts) (F) Directors' Each Wrongful Act Limit ................................. $1.000,000 NIAC 09/15/2021 to 09/15/2022 And Aggregate Limit ................................................ $2,000,000 2021-24712-DO Officers' - (Does not include:Terrorism Coverage - Certified Acts) (G) Liquor Each Common Cause Limit ............................ $1.000,000 NIAC 09/15/2021 to 09/15/2022 Liability Aggregate Limit ................................................ $1,000,000 2021-24712 (Does not include:Terrorism Coverage - Certified Acts) (H) Employee Each Employee ................................................ $1,000,000 NIAC 09/15/2021 to 09/15/2022 Benefits Aggregate Limit $3,000,000 2021-24712 ................................................ Liability RWkMe, g eaao m (Does not include:Terrorism Coven .. a IJennvmcArrearm a.: 7eu Dundee A�Iup a�.rtvn.,ye„�amoianr