FIFTH AMENDMENT TO AGREEMENT REGARDING HOMELESS SHELTER This Fifth Amendment to Agreement Regarding Homeless Shelter ("Fifth Amendment to Agreement") is entered into as of June 17, 2025, by and between the City of Anaheim, a California municipal corporation and charter city (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. Lewis 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 needed 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 four 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 Fourth Amendment to the Agreement is set to expire on June 30, 2025, and the Parties wish to extend it for an additional twelve (12) months, increase compensation, and add a penalty for incomplete requests for reimbursement; and WHEREAS, this Fifth Amendment does not alter any other term of the Agreement, or the Fourth 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, 2026, including 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 an increase in the total not to exceed amount from forty-two million, thirty-six thousand dollars ($42,036,000.00) to forty-eight million, eight hundred and four thousand dollars ($48,804,000.00), 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, 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 or incomplete 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. 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, Fourth Amendment, and this Fifth 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.
4. 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 Fifth Amendment to Agreement on behalf of Army and to bind Army hereto.
5. The Effective Date of this Fifth Amendment to Agreement shall be July 1, 2025. [SIGNATURES ON FOLLOWING PAGE]
2 IN WITNESS WHEREOF, the parties hereto have caused this Fifth Amendment to Agreement to be executed on the dates hereinafter respectively set forth. "CITY"
CITY OF ANAHEIM,
a municipal corporation and charter city
By:
Jim Vanderpool
City Manager
ATTEST: THE SALVATION ARMY
THERESA BASS, CITY CLERK
By:
City Clerk
Its:
APPROVED AS TO FORM:
ANAHEIM CITY ATTORNEY'S OFFICE COUNSEL FOR THE SALVATION ARMY By:
Ryan O. Hodge
Deputy City Attorney 4 ,
By:
Hannah Edwards,
Deputy General Counsel
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