Int_G p - t3 3
AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING AND
LICENSE AGREEMENT
FOR OFFICE AND PROGRAM SPACE FOR THE CHRYSALIS EMPLOYMENT
PROGRAM
This AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING AND
LICENSE AGREEMENT FOR OFFICE AND PROGRAM SPACE FOR THE CHRYSALIS EMPLOYMENT PROGRAM (this "Agreement"), dated for purposes of identification only as of jtkin.e. 24 , 2022 (the "Date of Agreement"), is entered into by and between the CITY OF ANAHEIM, a municipal corporation and charter city (hereinafter "City") and CHRYSALIS, a 501(c)(3) nonprofit organization (the Licensee").
A. On January 10, 2012, the Anaheim City Council elected to have the City of Anaheim serve as the "Successor Agency" to the Anaheim Redevelopment Agency ("Agency") upon its dissolution pursuant to Parts 1.8 and 1.85 to Division 24 of the California Health & Safety Code, which laws caused the dissolution and wind down of all redevelopment agencies (herein referred to as the "Dissolution Act"); and
B. The City, Licensee, and the City of Anaheim as Successor Agency to the Dissolved Anaheim Redevelopment Agency are parties to that certain MEMORANDUM OF
UNDERSTANDING AND LICENSE AGREEMENT FOR OFFICE AND PROGRAM SPACE FOR THE CHRYSALIS EMPLOYMENT PROGRAM dated as of June 19, 2018, which is incorporated herein by this reference (the "Original Agreement"), whereby Agency, as owner of improved property located at 290 S. Anaheim Boulevard and (i) generally located on the northeast corner of Anaheim Boulevard and Broadway Street in the City of Anaheim; (ii) commonly referred to as the Willdan Building; and (iii) depicted on the "Map of the Site" which is attached hereto as Exhibit A (the "Property"), provided Licensee with a license to enter and that certain portion of the Property depicted as the License Area in Exhibit C to operate the Chrysalis Employment Program to assist homeless and low-income individuals obtain and maintain employment (the "Program").
C. Pursuant to the Dissolution Act, the Successor Agency approved a Long Range Property Management Plan addressing the future disposition and use of all real property of the dissolved Agency; and
D. As set forth in the Long Range Property Management Plan, on October 12, 2021, the Property was conveyed from the Successor Agency to the City for future development purposes; and
1 E. The City and Licensee (each, a "Party and, jointly, the Parties") now desire to amend, modify and supplement certain portions of the Original Agreement, and restate in its entirety the Original Agreement.
NOW, THEREFORE, AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS:
Section 1. Right of Entry. Provided that all of the terms and conditions of Section 2 of this Agreement are fully satisfied, the City hereby grants to the Licensee and its agents and contractors, the right to enter upon the Property pursuant to the terms and conditions set forth in this Agreement.
This Right of Entry is granted for the purpose of establishing the Program and providing the services described in Exhibit B attached hereto (the "License"), and for no other purposes without the prior written approval of the City. In consideration for City's grant of the License, Licensee shall pay to the City the sum of one dollar ($1.00) annually, in advance (the "License Fee"). Licensee will also provide a separate check for the sum of one thousand dollars ($1,000.00) to be held by City as a deposit, and returned to Licensee at the termination of this Agreement so long as the Property is left free and clear of trash, debris and damage. The City and Licensee hereby agree that the benefit that will accrue to the public through the services offered through the Program is commensurate with the value of Licensee's use of the License Area.
Section 2. Conditions to Entry. Prior to Licensee entering onto the Property, the following conditions must be satisfied (the "Conditions Precedent"):
2.1 Budget. Licensee must maintain an annual operating budget not less than that identified in Exhibit D "Annual Budget" which is attached hereto and incorporated herein by this reference. From time to time during the Term, and no less than on an annual basis, the Parties shall meet and confer on the Annual Budget in order to evaluate whether any modifications to Exhibit D are necessary and appropriate to ensure the Program is meeting the operational expectations of the City. Any modifications to the Annual Budget shall be subject to review and approval by the Director and reflected in an amended Exhibit D.
2.2 Program Hours of Operation and Security. Licensee will have access to the License Area 24 hours a day, 7 days a week. However, the Parties agree and understand that the majority of Program operations and activities will take place between the hours of 7:00 am and 7:00 pm. Licensee shall make every effort to respect the uses of the surrounding properties, shall at all times maintain a quiet and orderly site; and minimize loitering of Program participants on the Property and/or on adjacent properties at all times.
2.3 Security. Licensee acknowledges that City makes no representation or warranty, express or implied, regarding the security of the License Area and parking area. 2 Licensee further acknowledges that City has no obligation whatsoever to provide guard service or other security measures, other than City's maintenance of the existing building alarm system. Licensee expressly assumes all responsibility for the protection and security of Licensee, its employees and invitees from any and all acts of any third party. Prior to providing services to the public, Licensee shall prepare a Security Plan for City review. Licensee expressly understands and agrees that nothing in this Agreement requires the City to share in the costs associated with implementation of the security plan.
2.4 Parking and Access. Licensee shall utilize the surface parking lot immediately adjacent to the building's eastern entrance. City hereby grants to Licensee for the benefit of Licensee a non-exclusive license, in common with other authorized users, to enter the parking area solely for purpose of vehicular parking and for no other purpose without the prior written approval of City. Licensee shall direct all Program staff and visitors to the Parking Area and instruct them to utilize the Parking Area. Licensee anticipates it will utilize 20-25 parking spaces in the Parking Area. To the extent that Licensee requires more than 20-25 spaces for the Program, Licensee will procure any additional licenses or rights to procure additional parking. Licensee shall not allow staff/visitors to park in any nearby residential neighborhoods.
23 Insurance. Licensee shall secure or cause its agent(s) or contractor(s) performing any entry onto Property to secure, prior to commencing any activities under this Agreement, and maintain or cause to be maintained during the term of this Agreement, insurance coverage as follows:
a. Workers' Compensation Insurance as required by California statutes; b. Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, Broad-Form Property Damage and Independent Contractor's Liability, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form; and
c. Comprehensive Automobile Liability coverage, including- as applicable- owned, non-owned and hired autos, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form.
The Director, with the consent of the City's Risk Manager, is hereby authorized to reduce the requirements set forth above in the event the Director determines that such reduction is in the City's best interest.
Each insurance policy required by this Agreement shall contain the following clauses:
3 "This insurance shall not be canceled, limited in scope or coverage, or nonrenewed until after thirty (30) days' prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd. Anaheim, CA 92805.
"It is agreed that any insurance maintained by the City shall apply in excess of and not contribute with insurance provided by this policy." Each insurance policy required by this Agreement, excepting policies for workers' compensation, shall contain the following clause:
"The City of Anaheim, its officials, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured."
As one of the Conditions Precedent under this Agreement, Licensee shall deliver to the City (i) insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above and (ii) endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by the City, it shall be Licensee's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing such endorsements is indeed authorized to do so by the insurance company. Also, the City has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.
In addition to any other remedies the City may have if Licensee or its agent(s) or contractor(s), as applicable, fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option:
(a) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies the City may have and is not the exclusive remedy for Licensee's failure to maintain or cause to be maintained the required insurance or secure or cause to be secured appropriate endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which Licensee may be held responsible for payment of damages to persons or property resulting from Licensee's or its subcontractor's performance under this Agreement.
Section 3. Term of Agreement. The term of this Agreement shall commence on July 1, 2018 and shall terminate July 1, 2020, unless sooner terminated as provided herein ("Initial Term"). The Director is hereby authorized to renew this Agreement upon the same terms and conditions for no more than two (2) additional one-year terms following the expiration of the Initial Term ("Renewal Terms"). Following expiration of the Renewal Terms, the Director in his or her sole and absolute discretion may extend this Agreement upon the same terms and conditions for one (1) two-year term to extend the Term to July 1, 2024 ("First Extension Term") 4 and one (1) one-year term to extend the Term to July 1, 2025 ("Second Extension Term"). The Initial Term, Renewal Terms, and First and Second Extension Terms shall be collectively referred to as the "Term".
Section 4. Terms of License. Pursuant to the following terms and for the purposes stated herein, the City hereby grants to Licensee (i) a non-exclusive license to use the License Area and (ii) an exclusive license to use that portion of the License Area as depicted in Exhibit C-1 and designated for its exclusive use:
4.1 "As-Is" Condition. Licensees acknowledges that the License Area is being provided to Licensee on an "as-is" basis, and Licensee takes and occupies the Licensee Area without reliance upon any representation by City, or any of its officers, employees, agents or representatives, or any other person, concerning the License Area or its fitness for Licensee's intended use or any other particular purpose of use, or any other promise, representation or inducement. All persons entering the License Area do so at their own risk.
4.2 Licensee's Obligations. Licensee shall be solely responsible for the complete operation of the Program and shall be solely responsible for all services offered or rendered and for the conduct of all of its employees and other persons under Licensee's supervision or control while on the Property.
4.3. Keys. Keys to the License Area will be assigned to Licensee. Licensee shall safeguard all keys assigned to it, shall permit the keys to be used only by responsible persons employed by Licensee and shall not allow any assigned keys to be duplicated without first obtaining the express, written authorization of City.
4.4 Furniture and Equipment. Licensee may use furniture and equipment, if any, located in the Licensee Area as of the Effective Date. Upon termination of this Agreement, Licensee shall ensure that any such furniture and equipment is returned to its same condition as of the Effective Date, reasonable wear and tear excepted. Licensee shall be responsible for set-up and clean-up of all equipment, furnishings, materials and supplies used in the operation of the Program.
4.5 Alterations. Licensee shall not alter the License Area or perform any work that requires issuance of a building permit without first obtaining written approval from the City. City shall have sole authority to approve all alterations, modifications, renovations, or construction to the License Area. With the prior written approval of City, Licensee may make improvements to the License Area including, but not limited to, the installation of fixtures, partitions, counters, shelving, computer equipment and cabling, and other equipment if deemed necessary by City. It is agreed that any such fixtures, partitions, counters, shelving, computer equipment and cabling attached to or placed upon the License Area shall be considered the personal property of Licensee, who shall have the right to remove the same
5 4.6 Signage. Licensee will confer with the City to identify reasonable signage locations to provide public awareness and accessibility subject to Licensee's obtaining all necessary permits and approvals for such signage.
Licensee shall permit City to install placemaking, lifestyle and/or public art images on the ground floor windows to support the City of Anaheim's economic development efforts and branding of the Center City area. City shall obtain approval of Licensee in advance of entering the lease space to install said images, and materials shall consist of a perforated screen graphic that is translucent and allows natural light to occupy the License Area.
City further agrees to maintain said images in good condition and replace them as may be needed so as not to detract from the appearance of the Property.
Section 5. Payment of License Fee and Agency Contribution. Pursuant to the terms of this Agreement, City shall provide Licensee with a License to use the License Area for the Licensee Fee, which shall be paid by Licensee to the City in advance. In order to pay the Program operating costs identified in is Annual Budget, Licensee has filed grant applications with various state and county agencies in order to obtain funds necessary to implement and operate the Program. In the event that such grant funds, and any other available funding, is insufficient to pay the Program operating expenses identified in the Annual Budget, and on the condition that Licensee provides sufficient documentation establishing that a shortfall exists notwithstanding Licensee's good faith effort, City may contribute on an annual basis an amount not to exceed One Hundred Thousand Dollars and no/100 ($100,000.00) to cover such shortfall during the Initial Term and the Renewal Terms.
Following the expiration of the Renewal Terms, City may contribute funds up to an amount not exceeding Fifty Thousand Dollars and no/100 ($50,000.00) to be used by Licensee for repair and maintenance to the License Area pursuant to the Maintenance Plan approved by the City pursuant to Paragraph 11.
Section 6. Reservation of City's Right to Access License Area. It is expressly understood and acknowledged by Licensee that throughout the Term City will comply with (i) the Dissolution Act in all respects including, but not limited to, implementing the Long Range Property Management Plan, and disposing of the Property and distributing proceeds to affected taxing entities; and (ii) all applicable property disposition laws including, but not limited to, California Government Code § 54220 et seq. (the "Surplus Land Act"). In furtherance of these obligations, City, its agents, employees and representatives shall, upon providing prior notice to Licensee, have a continuing right of access to the Property throughout the Term for the purpose of conducting surveys, engineering, geotechnical, and environmental inspections and tests and any other inspections, studies, or tests deemed necessary by City, in its sole and absolute discretion, to engage in discussions and/or negotiations with third parties relating to the sale and development of the Property.
Section 7. Termination
7.1 Events of Default. For purposes of this Section 7, the word "Default" shall mean the failure of Licensee to perform any of Licensee's duties or obligations or the breach by Licensee of any of the terms and conditions set forth in this Agreement. In addition, 6 Licensee shall be deemed to be in Default upon Licensee's (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets, (ii) making a general assignment for the benefit of creditors, (iii) being adjudged bankrupt, (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing), or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of Licensee's assets or of Licensee's interests hereunder.
City shall not be deemed to be in Default in the performance of any obligation required to be performed by City hereunder unless and until City has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from Licensee specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of City's obligation is such that more than thirty (30) days are required for its performance, then City shall not be deemed to be in Default if City shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.
7.2 Immediate Termination for Licensee's Default. In the event of any default by Licensee or any determination that this Agreement or any provision thereof is invalid or otherwise conflicts with the Dissolution Law, which dissolved the Anaheim Redevelopment Agency, City and Agency may immediately terminate this Agreement.
Such termination shall be effective immediately upon receipt by Licensee of written notice from City. In such event, the Parties shall have no further rights hereunder, except that the Indemnification provisions set forth herein shall survive termination.
7.3 Termination without Cause. Following expiration of the First Extension Term, either City or Licensee may terminate this Agreement at any time without the necessity of cause or Default by the other Party by giving ninety (90) days prior notice in writing to the other Party. In the event of termination without cause, the Parties shall have no further rights hereunder.
Section 8. Certain Definitions. For the purposes of this Agreement, the following terms shall have the meanings herein specified:
"Environmental Law" means (i) Sections 25115, 25117, 25122.7 or 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii) Section 25316 of the California Health and Safety Code, Division 20, Chapter
6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) Article 9 or Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (vi) Section 311 of the Clean Water Act (33 U.S.C. §1317), (vii) Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 7 §6901 et seq. (42 U.S.C. §6903) or (viii) Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §6901 et seq. "Hazardous Materials" means any substance, material or waste which is or becomes, prior to the Closing, regulated by any local governmental authority, the State of California or the United States Government, including, but not limited to, any material or substance which is (i) defmed as a "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter- Presley-Tanner Hazardous Substance Account Act). (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article II of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as "hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C. §6903) or (xi) defined as "hazardous substances" pursuant to Section I OI of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §6901 et seq.
Section 9. Compliance with Laws/Permits. Licensee shall, in all activities undertaken pursuant to this Agreement, comply and cause its contractors, agents and employees to comply with all federal, state and local laws, statutes, orders, ordinances, rules, regulations, plans, policies and decrees, including, but not limited to, all applicable federal, state and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, applicable prevailing wage requirements and all environmental laws. Without limiting the generality of the foregoing, the Licensee, at its sole cost and expense, shall obtain any and all permits, licenses and approvals which may be required for any activities the Licensee desires to conduct or have conducted pursuant to this Agreement. Licensees shall not deposit or permit others to deposit and Hazardous Materials on the site. In the event the Licensee or its agents or employees discover any substance on the License Area which they suspect might be Hazardous Materials, Licensee shall immediately notify or cause notice to be given to City, and the Licensee and its agents and employees shall immediately stop all work upon the License Area until notified by City that work may be resumed.
Section 10. Indemnification. The licensee hereby agrees to indemnify, defend, assume all liability for and hold harmless City and its officers, employees, agents and representatives from all actions, claims, suits, penalties, obligations, liabilities, damages to property, environmental claims or injuries to persons (collectively "Claims") arising out of or in connection with Licensee's activities pursuant to this Agreement. Licensee's indemnity given under this Section 10 shall apply whether such activities are by the Licensee or anyone directly or indirectly 8 employed or under contract with Licensee, and whether such Claims shall accrue or be discovered before or after the termination of this Agreement. The indemnity and other rights afforded City by this Section 10 shall survive after the revocation or termination of this Agreement. Notwithstanding the foregoing, Licensee's indemnity shall not apply to the extent claims are caused by, arise out of, or in connection with, any breach of City's representations or covenants in Section 21 hereof or to the extent City has indemnified Licensee pursuant to the terms of this Agreement.
Section 11. Maintenance Plan. Licensee shall maintain the License Area in a clean, orderly, well-maintained condition and perform all routine maintenance, minor repairs, trash removal, and cleaning. Prior to occupying any portion of the License Area, Licensee shall prepare a Maintenance Plan for review and approval by the City.
Thirty days prior to the commencement of the Second Renewal Term, and again thirty days prior to the commencement of the Third Renewal Term, Licensee shall submit a supplement to the Maintenance Plan for review and approval by the City, which shall identify repair and restoration efforts of the License Area to be completed by Licensee.
Upon termination of the License, Licensee will restore the site to its original condition (except alterations approved by the City) and remove any debris and trash at the conclusion of the license term.
Section 12. Risk of Loss/Interference/Maintenance Responsibilities. Licensee acknowledges and agrees that Licensee bears all risk of loss or damage to the License Area and the parking area. Licensee shall immediately notify City if any portion of the License Area (i) is not in a state of good repair; (ii) is unsightly; (iii) has been damaged, destroyed or defaced; or (iv) is otherwise injured and in need of repair. Upon such notification, City and Licensee shall confer in good faith as to the costs of repair or maintenance including, but not limited to, cost sharing. If the Parties cannot agree as to the extent of repairs, maintenance and/or cost sharing, the City may, in its sole and absolute discretion, elect to terminate this Agreement.
Section 13. No Real Property Interest. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any permanent casement, lease, fee or other interest in the License Area to Licensee.
Section 14. Waiver of Relocation Costs. Licensee warrants and represents that the acceptance of this License if voluntary and that, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA) and California Government Code § 7260, upon termination of the License, with or without cause, are not eligible for relocation assistance as displaced persons and will not receive relocation assistance associated with moving a business, farm, non-profit organization, residence or personal property from the Property.
Section 15. Utilities. Licensee shall arrange and pay to the City the cost of utility serviced to the License Area up to a maximum of Three Thousand Dollars and no/100 ($3,000.00) per month during the Term. City and Licensee agree to meet and confer no later than December 1, 9 2018, and every six months thereafter, to evaluate and confirm that Licensee's monthly utility payment reflects the actual cost of utilities to the License Area.
Section 16. Good Faith. The Parties agree that each is operating in good faith and in consideration of their mutual and respective goals and objectives. The Parties agree to cooperate with each other to complete the tasks contemplated by this Agreement.
Section 17. Notices. Any notices, requests or approvals given under this Agreement from one party to another shall be in writing and shall be personally delivered or deposited with the United States Postal Service for mailing, postage prepaid, by certified mail, return receipt requested, to the addresses of the other party as stated in this Section, and shall be deemed to have been received at the time of personal delivery or three (3) days after the date of deposit for mailing.
Notices shall be sent to:
If to City: Sergio M. Ramirez, Director
Economic Development Department
200 S. Anaheim Boulevard, 7th Floor
Anaheim, California 92805
With a copy to: City Clerk
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
If to Licensee: Mark Loranger, President & CEO
Chrysalis
522 S. Main St.
Los Angeles, CA 90013
Section 17. Governing Law. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of Orange County, State of California, in an appropriate court in that county, or in the Federal District Court in the Central District of California.
Section 18. Interpretation. This Agreement shall be interpreted as a whole and in accordance with its fair meaning and as if each party participated in its drafting. Captions arc for reference only and are not to be used in construing meaning.
Section 19. Amendment of Agreement. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by City and the Licensee.
Section 20. Attorneys' Fees. In the event of a dispute between the palties with respect to the terms or conditions of this Agreement, the prevailing party shall be entitled to collect from the other its reasonable attorneys' fees as established by the judge or arbitrator presiding over such dispute.
10 Section 21. Agency Representations, Indemnities and Covenants. City makes no representations and warranties with respect to the License Area.
Section 22. Exhibits. All exhibits, including attachments thereto, are incorporated in this Agreement in their entirety by this reference.
Section 23. Effective Date of this Agreement. This Agreement shall take effect upon approval by the City Council of the City of Anaheim (the "Effective Date"). [SIGNATURES BEGIN ON NEXT PAGE]
11 Dated: ‘••- • 2-7
ATTEST:
CITY CLERK
Sergio M. Ra rez
Director, Economic Dev opr_n_
Department
CHRYSALIS, a 501(c)(3) nonprofit
organization
By:
Mark Loranger
President & CEO
Dated:
N WITNESS HEREOF, the Parties enter into this First Amendment on the year and day first above written.
"CITY"
CITY OF ANAHEIM,
a municipal corporation and charter city
d9- APPRON ED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
44/7 / L_
Leonie Mulvihill
Assistant City Attorney
By:
"LICENSEE"
144415/LHM
12 Exhibit A Map of the Site
EXHIBIT B
SCOPE OF SERVICES / DESCRIPTION OF PROGRAM
Chrysalis Employment Program
1.0 Overview
As part of the City of Anaheim's effort to provide resources and support to individuals experiencing homelessness, as well as those who are unstably housed, and low-income, Chrysalis will provide employment services focused on assisting local residents become ready for a job, secure a job, and retain a job. Chrysalis will work collaboratively with City of Anaheim staff, as well as Orange County's Continuum of Care (CoC) agencies, to support regional efforts to address homelessness.
The following describes the scope of services and the employment program to be provided at 290 S. Anaheim Blvd. (the "Agency Property").
2.0 Chrysalis Employment Program
Chrysalis' employment workshops, resources, businesses and support groups are designed to improve clients' job search skills, self-confidence and employability. We instill in our clients good work habits — the soft skills that are crucial to success in any work environment — and our staff provide encouragement and boost self-esteem.
Chrysalis employment program — and particularly our transitional employment program Chrysalis Entexprises — has become a recognized and proven best practice model for serving individuals experiencing homelessness, as well as those fmmerly incarcerated, to help them reenter the mainstream workforce and achieve self-sufficiency.
There are three primary components to Chrysalis' Employment Program:
2.1 Job Readiness Preparation
All incoming clients enter our self-directed program, based on a self-sufficiency model, wherein they receive intensive support as they search for work for themselves. Clients first attend an orientation and subsequent job-preparation classes designed to reacquaint them with the working world.
Classes cover basic instruction for pursuing, securing, and retaining employment as well as employment-related life skills tailored to our clients' specific needs. Our services include:
• Assessment / Case Management: One-on-one meetings with an Employment Specialist to develop career goals and prepare job search strategies. • Job Search Workshops: Job preparation tools including applications, resume writing, practice interview sessions, as well as computer skills training. • Resources: Phone banks, copiers, computer access, and job leads. Professional clothing for interviews, bus tokens, hygiene items, work shoes.
• Transitional Job Opportunities: Paid transitional employment opportunities through Chrysalis Works, Staffing, and Roads—business divisions of Chrysalis Enterprises.
In tandem with class instruction, clients begin case management and career counseling with an assigned Employment Specialist. Employment Specialists are trained to formulate practical career plans with clients, hone their work habits, and offer valuable encouragement to cultivate success on the job. They also refer clients to resources and services within Chrysalis, as well as necessary services provided by partner agencies, such as temporary housing, substance abuse and health services, and education.
2.2 Chrysalis Enterprises
For those clients who are unable to find employment through our self-directed program, Chrysalis offers paid transitional employment with our in-house Chrysalis Enterprises businesses to get them started on the road to permanent, outside employment. Transitional jobs deliver marketable experience and job skills and provide a closely supervised, supportive working environment that allows clients to prove themselves as reliable, capable workers. • Chrysalis Works: a professional street maintenance company, providing work experience in trash and recycling pick-up, landscaping, graffiti removal, hauling, and street sweeping.
• Chrysalis Roads: a litter abatement and freeway maintenance business offering transitional employment to individuals re-entering from the criminal justice system. • Chrysalis Staffing: a temporary staffing agency that allows clients to re-enter the job market through short-term, full-time, and part-time work assignments in administrative office support, property management, and janitorial services, among others. The ultimate goal for staffing assignments is that they will lead to long-term and permanent employment with the customer's company.
Note that, as the program is launched in Anaheim, Chrysalis will work to build up contracts across these three businesses to support the program and the clients served at the Anaheim location. The number of job slots and work opportunities will depend on the scale of business development we can secure over time.
2.3 Job Retention
Finally, once clients have secured employment, Chrysalis provides ongoing job-retention assistance for clients to learn how to manage and maintain a job and move up the career ladder.
It begins as soon as clients enter our doors because we understand the value of maintaining employment in the trajectory of a person's career and pathway out of poverty. Additionally, Employment Specialists meet one-on-one with new and employed clients to formulate career goals and develop strategies for attaining them. Through this program, clients are able to gain long-term stability and make permanent personal and lifestyle changes.
3.0 Hours of Operation
Program hours of operation will primarily be 8:00am to 5:00pm, Mondays through Fridays.
Depending on future contracts and programming offered and the tams of the License Agreement, activities may include earlier morning and later evening hours, as needed.
4.0 Personnel
As described above, Chrysalis' program involves a number of personnel working together to serve clients. Titles of these personnel include Site Director, Employment Specialists, Client Services Coordinator, Client Services Assistant, Volunteer & Program Coordinator, Business Development Manager, among others.
These staff members based in Anaheim will be support by, and work in collaboration with, staff at Chrysalis' other offices. These complementary staff include personnel providing a range of support functions including: program management, administrative (HR, IT, payroll, finance, etc.), fundraising, communications, business development, and external relations. Many of these staff members will periodically visit the Anaheim office for meetings and to provide support.
I
EXHIBIT C -LICENSE AREA
LICENSE AREA
AGENCY AREA
COMMON AREA
Exclusive License Area
;-A
Exhibit Cl
EXHIBIT D
PROGRAM BUDGET
Chrysalis Employment Program
Funding
Government Grants
Unrestricted Private Funding
Total Funding
Expense
Anaheim
Budget
711/18 8130/19
Anaheim
Budget
711/19 -8130120
300,000 58%
216.010 Am
300,000 48%
323 761 52%
8•16.010 mos 823.78% ims
Staff 298,320 58% 341,680 55%
Facilities Maintenance 11,027 2% 14,997 2%
Office Equipment Lease 5, 1% 210 6,376 1%
Computer Equipment, Supplies, and Service 21,355 4% 15,443 2% Utilities 16,640 3% 20,387 3%
Telephone 14,984 3% 18,340 3%
Insurance 7,285 1% 8 ,917 1%
Postage & Mailings 1,716 0% 1,167 0%
Publicity, Travel, and Entertainment 11,570 2% 13,525 2% Program Expenses - Client Assistance 43,082 8% 70,436 11% Depreciation 62,500 12% 83,333 13%
Seminars & Training 3,029 1% 6,179 1%
Office Supplies 19.292 4311, 23.019
Total Expense 112,91.4 120.% 112111 JDM
Surplus/Deficit (0.00) 0.00
Anaheim Budget
7/1/20 - 6/30/21
375,000 66%
196,500 34%
571,500 100%
320,040 56%
11,430 2%
6,858 1%
15,259 3%
18,459 3%
17,145 3%
9,887 2%
1,256 0%
9,430 2%
71,438 13%
69,152 12%
6,170 1%
14,978 3%
571,500 100%
Anaheim Budget
7/1/21 - 6/30/22
400,000 67%
200,075 33%
600,075 100%
336,042 56%
12,002 2%
7,201 1%
16,022 3%
19,382 3%
18,002 3%
10,381 2%
1,318 0%
9,901 2%
75,009 13%
72,609 12%
6,478 1%
15,727 3%
600,075 100%
EXHIBIT D
PROGRAM BUDGET
Chyrsalis Employment Program
Funding
Government Grants
Unrestricted Private Funding
Total Funding
Expense
Staffing
Facilites Maintenance
Office Equipment Lease
Computer Equipment, Supplies and
Service
Utilities
Telephone
Insurance
Postage & Mailing
Publicity, Travel 8, Entertainment
Program Expense - Client Assistance
Depreciation
Seminars & Training
Office Supplies
Total Expense
Surplus/Deficit
373,380 56%
13,335 2%
8,001 1%
17,802 3%
21,536 3%
20,003 3%
11,535 2%
1,465 0%
11,001 2%
83,344 13%
80,677 12%
7,198 1%
17,474 3%
666,750 100%
Anaheim Budget
7/ 1/23 - 6/30/24
435,750 65%
231,000 35%
666,750 100%
Anaheim Budget
7/1/22 - 6/30/23
415,000 65%
220,000 35%
635,000 100%
355,600 56%
12,700 2%
7,620 1%
16,955 3%
20,511 3%
19,050 3%
10,986 2%
1,395 0%
10,478 2%
79,375 13%
76,835 12%
6,855 1%
16,642 3%
635,000 100%
EXHIBIT D
PROGRAM BUDGET
Chyrsalis Employment Program
Funding
Government Grants
Unrestricted Private Funding
Total Funding
Expense
Staffing
Facilites Maintenance
Office Equipment Lease
Computer Equipment, Supplies and
Service
Utilities
Telephone
Insurance
Postage & Mailing
Publicity, Travel & Entertainment
Program Expense - Client Assistance
Depreciation
Seminars & Training
Office Supplies
Total Expense
SurplusIDeficit