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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 arereferredto hereincollectively asthe "Parties" and individually asa "Party."
RECITALS
WHEREAS, on November 13, 2018, the Partiesentered into an Agreement Regarding HomelessShelter, providing that the Army would develop, construct and operatean 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 Shelterwascomplete and it beganoperatingon January 31, 2019, providing critical housing and related services to the homeless population in Anaheim; and
WHEREAS, the Parties havethreetimes extendedthe term of the Agreementto provide neededservicesto homelessindividuals andto modify certaintermsandthecompensationpayable 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.
AMENDED AGREEMENT
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 February 1, 2021 through June 30, 2025, including the addition of three million, five hundred thousand dollars ($ 3,500,000. 00) for additional services previously provided prior to this Fourth Amendment, 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 this Fourth Amendment term, for an increasein thetotal not to exceedamountfrom of seventeenmillion, five hundredandeighty-two thousand and sixteen dollars ($ 17,582,016.00) to twenty- seven million, eight hundred and fifty thousand and sixteen dollars ($ 27, 850, 016. 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. Section2(b) of the Agreement is herebyamendedto add a penalty againstthe Army for anylaterequestsfor reimbursementreceivedby theCity afterthetwenty-eighth (281h) dayof 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 ( 1091c,) 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 ceaseon the "Funding Termination Date," which wasdefinedasthedate exactly two (2) yearsaftertheCommencementDate. 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 supersedesall negotiations or previous agreements between the Parties with respect to the subject matter hereof.
5. ARMY and its signatory 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 Dateof this Fourth Amendmentto Agreementshall beJuly 1, 2024.
SIGNATURES ON FOLLOWING PAGE]
Dated: i 2024
Dated: `' ' 2024
APPROVED AS TO FORM:
Dated: f0 IS 0 , 2024
Dated: 2024
CITY OF ANAHEIM
CfEZ anderpo
City Manger
THE SALVATION ARMY
By:
Its:
ANAHEMI CPrY1. W' I (jRNEY' S OFFICE
By: ' +'
Ryan O. H dg
Deputy Cit ttorney
COUNSEL FOR THE SALVATION ARMY
By:
Hannah Edwards, Deputy General Counsel
3 ATTE T:
TheresaBass, City Jerk
FIFTH Al\-'IE�DME�T TO AGREEi\1E�T REGARDING HO.'.\lELESS SHELTER This Fifih Amendment to Agreement Regarding Homckss Shelter ("Fifth Amendment to Agreement") is entered into as of.lune 17. 2025, by and between the City of Anaheim. a California municipal corporation and charter city (the "City"'). and The Salvation Anny. a California corporation (the "Am1y"). The City and the Am1y arc refen-cd to herein collectively as the ··Pa11ies"' and individually a!> 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 1,:ontaining a minimum of 200 beds ("Agreement") located at 1455 S. Salvation Place, previously addressed as I 340 S. Lewis Street (''Site"), and on April 4. 2020, the Panies entered into an Agreement Regarding Emergency Isolation Trailers ("Trailer Agreement") proYiding for trailers at the Site 10 house individuals who needed to be in indi,·idual trailers to isolate due lo COVID-19: and
\VHEREAS, construction of the Shelter was complete and it began operating on January
31. 2019, providing critical housing and related services to the hmnelcss population in Anaheim; and
\\'HEREAS. the Par1ics hmc four times extended the tenn of the Agreement to provide needed services to homeless indi\'iduals and to modify certain terms and the compensation payable under tile Agreement ; and
\VHEREAS. the Fourth Amendment to the Agreement is set to expire on June 30. 2025. and the Parties \.\'ish to extend it for an additt0nal twelve ( 12) months, mcrease compensation, and aJd a penalty for incomplete requests for reimbursement: and \\'HEREAS, this Fifth Amcndnicnl docs not alter any other tcnn of the Agreement, or the Fourth Amendment. or impact the t\greemenl Regarding Homeles.� Shelter Expansion entered into by the Parties in April of 20�0.
NOW, THEREFORE, the Parties hereby agree as follows:
I. Section 2(a) of the Agreement is hereby amended to read in full as follows:
2. Citv's Funding of Temporan Shelter.
a. The Ci Ly will fully reimburse the /\nny for its costs in operating the Shelter from January 3 I, �OJ 9 through .lune 30, 2026. including up to an additional six million. seven hundred and sixty-eight thousand dollars (S6.768.000.00) for sen·iccs to be provided during the extended te1111, for an increase in the total not tu exceed amount from forty-two million, thirty-six thousand dollars ($42,0.36,000.00) to forty-eight million. eight hundn:d and four thousand do llars ($48,804.000.00). subject to the requirements set forth in this section. Cost:.. that mc1y be reimbursed shall specifically include,\\ ithout limitation. fumishings, equipment, site security not otherwise pro\'ided as described in Section :=- of the Agreement, utilities, telecommunications, 1