1 FOURTH AMENDMENT TO AGREEMENT REGARDING HOMELESS SHELTER This Fourth Amendment to Agreement Regarding Homeless Shelter (“Fourth Amendment to Agreement”) is entered into as of June 18, 2024, by and between the City of Anaheim (the “City”) and The Salvation Army, a California corporation (the “Army”). The City and the Army are referred to herein collectively as the “Parties” and individually as a “Party.”
RECITALS
WHEREAS, on November 13, 2018, the Parties entered into an Agreement Regarding Homeless Shelter, providing that the Army would develop, construct and operate an emergency homeless shelter containing a minimum of 200 beds (“Agreement”) located at 1455 S. Salvation Place, previously addressed as 1340 S. Lew is Street (“Site”) , and on April 4, 2020, the Parties entered into an Agreement Regarding Emergency Isolation Trailers (“Trailer Agreement”) providing for trailers at the Site to house individuals who neede d to be in individual trailers to isolate due to COVID-19; and
WHEREAS, construction of the Shelter was complete and it began operating on January 31, 2019, providing critical housing and related services to the homeless population in Anaheim ; and
WHEREAS, the Parties have three times extended the term of the Agreement to provide needed services to homeless individuals and to modify certain terms and the compensation payable under the Agreement ; and
WHEREAS, the Third Amendment to the Agreement is set to expire on June 30, 2024 , and the Parties wish to extend it for an additional twelve (12) months, increase compensation, and add a penalty for late requests for reimbursement; and
WHEREAS, this Fourth Amendment does not alter any other term of the Agreement , or the Third Amendment, or impact the Agreement Regarding Homeless Shelter Expansion entered into by the Parties in April of 2020.
NOW, THEREFORE, the Parties hereby agree as follows:
1. Section 2(a) of the Agreement is hereby amended to read in full as follows:
2. City’s Funding of Temporary Shelter.
a. The City will fully reimburse the Army for its costs in operating the Shelter from January 31, 2019 through June 30, 2025, including the addition of three million, five hundred thousand dollars ($3,500,000.00) for additional services previously provided, as well as up to an additional six million, seven hundred and sixty-eight thousand dollars ($6,768,000.00) for services to be provided during the extended term, for a n increase in the total not to exceed amount from thirty-one million, seven hundred and sixty-eight thousand dollars ($31,768,000.00) to forty-two million, thirty-six thousand dollars ($42,036,000.00), subject to the requirements set forth in this section. Costs that may be reimbursed shall specifically include, without limitation, furnishings, equipment, site security not otherwise provided as described in Section 5 of the Agreement , 2 utilities, telecommunications, transportation, supplies, postage and shipping, decommissioning and related removal activities, conference and council fees, and wages, benefits, and applicable employment taxes for the Shelter staff.
2. Section 2(b) of the Agreement is hereby amended to add a penalty against the Army for any late requests for reimbursement received by the City after the twenty-eighth (28th) day of the month, which may be imposed by the City against the Army in its sole and absolute discretion in an amount up to ten percent (10%) of the total amount of the Army’s late request for reimbursement.
3. Section 4 of the Agreement is hereby amended to read in full as follows:
4. Timing.
The Shelter was completed and first used for homeless -shelter purposes on January 31, 2019 (defined in the Agreement as “the “Commencement Date”). The Agreement provided that Anaheim’s obligation to provide funding for the Shelter would cease on the “Funding Termination Date,” which was defined as the date exactly two (2) years after the Commencement Date. By this Fourth Amendment, the Parties are extending the Funding Termination Date until June 30, 2025.
The Army shall have no obligation to continue operating the Shelter after the Funding Termination Date. The Parties shall meet to discuss the future use of the Site, as set forth more particularly in Section 10, below, at least ninety (90) days prior to the Funding Termination Date.
4. Except as expressly provided to the contrary herein, all provisions of the Agreement shall remain in full force and effect. The Agreement , First Amendment, Second Amendment, Third Amendment, and this Fourth Amendment to Agreement shall hereinafter be collectively referred to as the "Amended Agreement." The Amended Agreement integrates all of the terms and conditions of agreement between the Parties and supersedes all negotiations or previous agreements between the Parties with respect to the subject matter hereof.
5. ARMY and its signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this Fourth Amendment to Agreement on behalf of ARMY and to bind ARMY hereto.
6. The Effective Date of this Fourth Amendment to Agreement shall be July 1, 2024. [SIGNATURES ON FOLLOWING PAGE]
3 Dated: ____________, 2024 CITY OF ANAHEIM
By: ______________________________________
Jim Vanderpool
City Manger
Dated: ____________, 2024 THE SALVATION ARMY
By: ______________________________________
____________________
Its: _________________________________
APPROVED AS TO FORM:
Dated: ____________, 2024 ANAHEIM CITY ATTORNEY’S OFFICE By: _____________________________________
Ryan O. Hodge
Deputy City Attorney
Dated: ____________, 2024 COUNSEL FOR THE SALVATION ARMY By: ______________________________________
Hannah Edwards, Deputy General Counsel