OPERATING AGREEMENT BETWEEN THE CITY OF FULLERTON
AND ILLUMINATION FOUNDATION FOR THE
OPERATION OF A NAVIGATION CENTER AT
3535 WEST COMMONWEALTH AVENUE, FULLERTON, CA
THIS AGREEMENT, dated for purposes of identification only this __ day of February, 2024 (“Agreement”) is made and entered into by and between the CITY OF FULLERTON, a municipal corporation,
hereinafter referred to as "FULLERTON,"
AND
ILLUMINATION FOUNDATION, a California non-profit corporation, hereinafter referred to as "CONTRACTOR".
RECITALS
CONTRACTOR leases a building at 3535 West Commonwealth Avenue in Fullerton, California (the “Facility”) to provide for one-hundred ten (110) beds for recuperative care ("RC Center") and forty (40) emergency shelter beds ("Navigation Center") for homeless persons in Orange County pursuant to a Lease dated xxx (“Lease”).
On October 22, 2022, CONTRACTOR and FULLERTON entered into a memorandum of requiring CONTRACTOR to guarantee up to 20 beds at any given time for individuals referred to the shelter by the City of Fullerton Homeless Outreach Team and City Staff.
FULLERTON has determined that an urgent need exists to provide a temporary, low barrier emergency homeless shelter in the City of Fullerton and desires to work with Illumination Foundation at the Facility to administer, operate, and guarantee availability of 40 shelter beds in the Navigation Center effective May 1, 2024 for individuals referred to the shelter by the City of Fullerton Homeless Outreach Team or City staff.
FULLERTON is in the process, or has acquired the Facility, and upon acquisition will assume all rights and obligation as Landlord under the Lease.
Upon acquisition of the Facility, FULLERTON’s City Manager will submit a signed application supporting CONTRACTOR’s application for a change in the CUP to reflect 110 recuperative care and 40 emergency shelter beds. The CUP will be scheduled to be heard at Planning Commission on March 28, 2024. Should the CUP change not be approved by the Planning Commission, FULLERTON’s administration will exhaust all efforts to garner approval.
FULLERTON desires to enter into this Agreement with CONTRACTOR to outline all rights and obligations of the parties upon FULLERTON acquisition of the Facility.
CONTRACTOR has submitted a Proposed Scope of Services (the "Scope of Services”) and represents that it is qualified by experience, preparation, organization, staffing, and management to operate programs on behalf of homeless individuals, and is familiar with existing homeless services in the City of Fullerton.
In undertaking the performance of this Agreement, CONTRACTOR represents that it is knowledgeable in its field and that any services performed by CONTRACTOR under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field.
NOW THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. SERVICES PROVIDED BY CONTRACTOR
CONTRACTOR shall provide all labor, staffing, training, equipment, services, and items (collectively, the “Services”) appropriate and necessary to fully and adequately perform, and shall perform, the full range of tasks set forth in the Scope of Services attached hereto as Exhibit 1. The Services shall be provided in a manner consistent with the Operations Plan required by Section 2 of this Agreement, and all applicable local, state, and federal laws, rules, and regulations, including any requirements imposed as a result of federal, state or other governmental grant funding. CONTRACTOR represents that it is knowledgeable of all applicable local, state, and federal laws, rules, and regulations and shall inform FULLERTON upon any change to said laws, rules, and regulations materially affecting this Agreement or the provision of Services thereunder.
2. PRECONDITIONS, EFFECTIVE DATE AND TERM OF AGREEMENT
This Agreement shall not become effective unless and until Contractor has submitted and FULLERTON has approved the following documents, all of which are to be attached to and incorporated in this Agreement i) a Scope of Services to be attached to this Agreement as Exhibit 1, ii) an Operations Plan specifically detailing the day-to-day events and operation of the Shelter and the staffing necessary to effectuate that Plan, which is attached hereto as Exhibit 2, iii) a Security Plan detailing how the Shelter, its residents, and its surrounding neighbors will be kept safe and secure, which is attached hereto as Exhibit 3, and iv) any agreements or other documents required in connection with the funding of the Shelter, which, if applicable, shall be incorporated into this Agreement as Exhibit 4. Once these conditions have been met to FULLERTON’s satisfaction, FULLERTON’s City Manager shall notify CONTRACTOR in writing and this Agreement shall become effective (the “Effective Date”). The Agreement will commence upon the Effective Date and continue for a term equivalent to the term of the Lease or a period of 10 years, whichever is longest, unless terminated earlier in accordance with Section 16, below.
3. COMPENSATION
a. FULLERTON shall pay CONTRACTOR a monthly fee based on a Daily Rate of $80.00 per day per bed for exclusive use of the 40 Navigation Center beds. b. CONTRACTOR will grant a credit to FULLERTON equal in an amount equal to the Facility’s monthly rent under the Lease of $32,504 which shall be offset against FULLERTON’s monthly payment obligation herein. For example, the amount remitted to CONTRACTOR beginning the month of May 2024 would be $66,696 ($99,200 based on 40 beds x $80 daily rate x 31 days less monthly rent of $32,504). For the months of March & April 2024 the calculation will be based on 20 beds. FULLERTON and CONTRACTOR agree to keep the monthly rent and Daily Rate unchanged over the term of the Agreement. Should either the monthly rent or Daily Rate need to be adjusted, both need to be adjusted accordingly. c. CONTRACTOR shall submit an invoice to FULLERTON by the 15th of each month following the end of the billing period demonstrating the Services performed during the billing period, to eligible FULLERTON clients, as placed by Fullerton Police Department, the Fullerton Homeless/Human Services Representative, or Fullerton Case Managers designated by the Fullerton Homeless/Human Services Representative. To be eligible for payment, the invoice must include, at a minimum, the following information for each individual housed at the Shelter, i) the person’s name or shelter identification number, ii) the source that referred the individual to the Shelter, and iii) the number of days the individual was housed at the Shelter during the billing period and the Daily Rate being charged. Fullerton reserves to right to add at a later date such additional requirement for inclusion in the invoice as is deemed by the City Manager as necessary for compliance with this Agreement. Failure to include any of this information in the invoice, or any other information that is required to make the invoice accurate and complete, may, at FULLERTON’s discretion, result in a delay in or denial of payment. In addition, failure to provide the Services required by this Agreement or perform in accordance with the terms of this Agreement (including the attachments hereto), may, at FULLERTON’s discretion, result in a delay in or denial of payment. FULLERTON shall remit payment to CONTRACTOR within fourteen (14) days of FULLERTON’s approval of CONTRACTOR’s invoice.
4. ADMINISTRATION
Except as otherwise specifically set forth herein, the following employees of FULLERTON shall be authorized to take the following actions pursuant to this Agreement:
The FULLERTON City Manager (“City Manager”), or his or her designee is authorized to take any and all actions on behalf of FULLERTON set forth herein, including, but not limited to, implementing and extending the Agreement pursuant to Section 2, removing personnel pursuant to Section 5, and terminating the Agreement pursuant to Section 16. Further, subject to review and approval by the City Attorney, the City Manager shall have the administrative authority to issue approvals and interpretations, waive provisions, grant extensions, and/or enter into amendments of this Agreement on behalf of FULLERTON, so long as such actions do not materially or fundamentally change the Services provided hereunder, or add to the costs incurred or to be incurred by FULLERTON as specified herein.
The City’s Homeless/Human Services Representative, as assigned by the City Manager or his or her designee, shall be the Contract Administrator. The Contract Administrator is authorized to administer the Agreement on behalf of FULLERTON, to monitor all Services provided by CONTRACTOR, and to review and approve, or withhold payment of, invoices submitted by CONTRACTOR pursuant to Section 3 of this Agreement.
5. SERVICES MANAGER AND PERSONNEL
CONTRACTOR has designated Angelina Degen to be its Services Manager and coordinate the Services provided under this Agreement. The Services Manager shall be available to FULLERTON at all reasonable times during the term of this Agreement, and shall be responsible for directing all activities of CONTRACTOR, attending all meetings and submitting all reports required by this Agreement, responding to concerns raised by FULLERTON, and devoting sufficient time to personally supervise the provision of Services hereunder. The Services Manager may be changed by CONTRACTOR with written notice to and approval of the Contract Administrator.
Any personnel or subcontractor of CONTRACTOR, if any, who fail or refuse to perform the Services in a manner acceptable to FULLERTON, or who are determined by FULLERTON, in its sole discretion, to be uncooperative, incompetent, a threat to the adequate or timely provision of Services, or a threat to the safety of persons or property, shall be promptly removed from the Project by CONTRACTOR at the request of the Contract Administrator or City Manager.
6. SERVICE DELIVERY MONITORING
The City Manager and/or Contract Administrator, or their designees, shall have the right to access all Services and activities provided and all facilities operated by CONTRACTOR under this Agreement. Facilities include all files, records, and other documents related to the performance of this Agreement, the Services provided pursuant to this Agreement, or the availability or receipt of other (non-FULLERTON) funding for Services provided at the Shelter, except for any personal information of residents that must by law be maintained confidential. Activities include attendance at staff, board of directors, advisory committee and advisory board meetings, and observation of on-going program functions. CONTRACTOR shall permit on-site inspection of the Shelter by FULLERTON and shall ensure that CONTRACTOR’s employees and board members furnish such information, as in the reasonable judgment of FULLERTON, may be relevant to the question of compliance with contractual conditions, or the effectiveness, legality, and/or achievement of the Services.
7. INDEPENDENT CONTRACTOR
CONTRACTOR shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of FULLERTON. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow FULLERTON to exercise discretion or control over the professional manner in which CONTRACTOR performs the services which are the subject matter of this Agreement; however, the Services to be provided by CONTRACTOR shall be provided in a manner consistent with all applicable standards and regulations governing such services. CONTRACTOR shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
8. INSURANCE
CONTRACTOR shall secure, prior to the Effective Date of this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:
i. Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 per occurrence.
ii. Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor’s Liability, in an amount not less than $2,000,000 per occurrence, written on an occurrence form. Such insurance shall be written on a primary basis.
iii. Comprehensive Automobile Liability Coverage including – as applicable – owned, non-owned, and hired autos, in an amount not less than $1,000,000 per occurrence, combined single limit, as required by California law.
iv. Sexual Misconduct and Molestation Liability insurance in an amount of not less than $1,000,000 per claim, that may be written on a claims-made basis.
Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following conditions:
“This insurance shall not be cancelled, or limited in scope or coverage, until after thirty (30) day prior written notice has been given to the City Clerk, City of Fullerton, 200 S. Fullerton Blvd., Fullerton, CA 92805, except in the event of cancellation for non-payment of premium which shall provide for not less than ten (10) days’ notice.” Each insurance policy required by this Agreement, excepting policies for Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
i. “It is agreed that any insurance provided hereunder shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City of Fullerton”; and ii. “The City of Fullerton, its officers, agents, employees, representatives, and City-designated volunteers, are added as additional insureds as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied by or to, or work or services performed for or related to, the City of Fullerton.” Prior to receiving any funding pursuant to this Agreement, CONTRACTOR shall deliver to FULLERTON insurance certificates confirming the existence of the insurance required pursuant hereto, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Agreement, CONTRACTOR shall provide FULLERTON with (i) endorsements to the insurance policies which add to these policies the applicable clauses referenced above, or (ii) in lieu of the endorsements, documentation acceptable to evidencing that the coverage, terms, and conditions set forth in the above-referenced clauses are otherwise included in the insurance policies. Insurance required hereunder shall be placed with insurers (i) admitted to write insurance in California, (ii) possessing an A. M. Best’s rating of A/VII or higher, or (iii) otherwise acceptable to FULLERTON, with prior written permission from FULLERTON. In the event that a claim or other legal action is filed against FULLERTON, and if FULLERTON, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then FULLERTON has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance, provided that this provision shall not apply if the Parties agree separately at that time that CONTRACTOR shall fully defend, hold harmless, and indemnify FULLERTON against any such claim or other legal action.
In addition to other remedies FULLERTON may have, if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, FULLERTON may, upon reasonable advanced written notice to CONTRACTOR, withhold any payment(s) otherwise due to CONTRACTOR hereunder.
In the event CONTRACTOR hires other persons or firms to perform some of the work related to the Shelter project, CONTRACTOR shall ensure (i) that the acts or omissions of such persons or firms are covered under the above-referenced liability insurance, or (ii) that such persons or firms maintain insurance equal to or better than, and subject to the same limits, terms, and conditions as, the insurance required of CONTRACTOR pursuant to this Agreement; and, in either instance, CONTRACTOR shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to FULLERTON.
FULLERTON’s Risk Manager, or his or her designee, is authorized to reduce or increase the requirements set forth herein in the event he or she determines that such reduction or increase is in FULLERTON’s best interests.
9. INDEMNIFICATION
To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend (at FULLERTON’s option), and hold harmless FULLERTON, its officials, officers, employees, agents, and representatives, from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as “Claims”), arising out of or in connection with CONTRACTOR’s (or CONTRACTOR’s contractors’ or subcontractors’, if any) (i) acts, errors, or omissions, (ii) performance or failure to perform, (iii) goods or services provided, or (iv) work performed by, or on behalf of, CONTRACTOR, relative to this Agreement; except to the extent those Claims arise out of the sole active negligence or willful misconduct of FULLERTON.
FULLERTON shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless CONTRACTOR, its officers, directors, employees, agents, and volunteers, from and against all claims, actions, suits, liabilities, losses, damages, costs, attorneys’ fees, experts’ fees, and/or any other expenses of every nature and character, arising from FULLERTON’s performance or failure to perform under this Agreement. FULLERTON shall defend any such action or proceeding by counsel reasonably satisfactory to CONTRACTOR.
The obligations set forth in this Section 9 shall be in effect without regard to whether or not FULLERTON, CONTRACTOR, or any other person maintains, or fails to maintain, insurance coverage, or a self-insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement.
10. RECORDS
CONTRACTOR shall maintain complete and accurate records with respect to all Services performed and billed to FULLERTON pursuant to this Agreement. CONTRACTOR shall keep complete and accurate records with respect to the costs incurred to provide Services under this Agreement (including any alternative funding sources utilized to offset those costs) and any Services, expenditures, and disbursements charged to FULLERTON for a minimum period of three (3) years from the date of final payment to CONTRACTOR under this Agreement, or for any longer period required by law. All such records and invoices shall be clearly identifiable. CONTRACTOR shall allow a representative of FULLERTON to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours, except for any personal information of residents that must by law be maintained confidential. CONTRACTOR shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to CONTRACTOR under this Agreement. In addition, upon request, CONTRACTOR will provide FULLERTON with a copy of its audited financial statements for the time periods covered by this Agreement.
11. CONFIDENTIALITY
If any party receives from the other party information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, the receiving party agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of a party hereto, disclosed in a publicly available source; (c) is in rightful possession of a party with an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by a party without reference to information disclosed by the other party.
12. CONFLICTS OF INTEREST
CONTRACTOR covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with the performance of services specified under this Agreement. CONTRACTOR further warrants and represents that it will comply with all federal, state and FULLERTON laws and regulations governing conflicts of interest.
13. NOTICES
a. Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, to the following persons:
To FULLERTON:
City Clerk
City of Fullerton
303 W. Commonwealth Ave.
Fullerton, CA 92832
With a courtesy copy to:
City Manager
City of Fullerton
303 W. Commonwealth Ave.
Fullerton, CA 92832
To CONTRACTOR:
Illumination Foundation
2871 Pullman St.
Santa Ana, CA 92705
Attn: John Ing
b. A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes of calculating this time frame, weekends, federal, state, County or FULLERTON holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive understanding between FULLERTON and CONTRACTOR regarding the subject matter hereof, and supersedes any and all other agreements, oral or written, between the Parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by FULLERTON and by an authorized representative of CONTRACTOR. The Parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate CONTRACTOR or FULLERTON. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSIGNMENT
With the exception of any subcontractors identified in the Scope of Services for the provision of certain Services, CONTRACTOR may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of FULLERTON, which consent shall not be unreasonably withheld, and any such assignment, transfer, delegation or subcontract without FULLERTON's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit FULLERTON’s ability to have any of the Services which are the subject to this Agreement performed by FULLERTON personnel or by other contractors or consultants retained by FULLERTON.
16. TERMINATION
This Agreement may be terminated by FULLERTON without cause on thirty (30) days written notice to CONTRACTOR or immediately upon CONTRACTOR’s breach of, or failure to comply with or fulfill, any term or condition of this Agreement which breach or default is not cured to FULLERTON’s reasonable satisfaction within a thirty (30) day period of being notified of said breach or failure. Upon termination, CONTRACTOR shall be compensated for all Services satisfactorily rendered and all costs necessarily incurred in good faith performance of this Agreement that have not been previously reimbursed, up to the date of termination upon appropriate invoice therefor. Upon termination of the Agreement, the Lease between FULLERTON and CONTRACTOR will remain in place for remaining term of the Lease as discussed in Section 2 above.
17. NONDISCRIMINATION
a. CONTRACTOR covenants that there shall be no discrimination against any person or group of persons on account of race, disability, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry, in the use, occupancy, tenure, or enjoyment of the Shelter. Nor shall CONTRACTOR establish or permit any such practice or practices of discrimination with reference to the use, occupancy, tenure, or enjoyment of the Shelter. b. CONTRACTOR shall refrain from restricting the use of the Shelter on the basis of the race, age, disability, color, religion, creed, gender, sex, marital status, sexual orientation, ancestry, or national origin of any person. Nor shall CONTRACTOR or any person claiming under or through CONTRACTOR establish or permit any such practice or practices of discrimination with reference to the selection, location, number, use, or occupancy of the Shelter. c. CONTRACTOR shall comply with the Occupational Safety and Health Act of 1970, 29 U.S.C. section 651 et seq., and the Americans with Disabilities Act of 1990, 42 U.S.C. section 12101 et seq., and any analogous legislation in California (collectively, “the Acts”), to the extent that the Acts apply to the Shelter and any activities thereon. Without limiting the generality of the foregoing, CONTRACTOR covenants to maintain all non-structural portions of the Shelter including working areas, all machinery, electrical facilities and the like upon the Site in a condition that fully complies with the requirements of the Acts. d. In operating the Shelter, CONTRACTOR shall not expend any funds whatsoever in a manner that violates the Establishment Clause of the United States Constitution (U.S. Const., First Amendment), and/or any similar provision of California law, including but not limited to Article XVI, section 5, of the California Constitution. e. The Shelter admittance priority given to FULLERTON homeless residents under this Agreement shall not be deemed a violation of this Section 17.
18. GOVERNING LAW AND VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Orange County, California shall be the venue for any action or proceeding that may be brought arising out of, in connection with or by reason of this Agreement. If any party institutes any action or proceeding to enforce or interpret this Agreement or for damages on account of the breach hereof, the prevailing party in such action or proceeding shall be entitled to recover from the other party its reasonable attorneys' fees, expert witness fees and costs and other costs and expenses of litigation.
19. PROFESSIONAL LICENSES
CONTRACTOR shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, FULLERTON and all other governmental agencies. CONTRACTOR shall notify FULLERTON immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
20. NOTIFICATION OF INCIDENTS, SUITS, OR CLAIMS
CONTRACTOR shall report to FULLERTON, in writing within 24 hours of occurrence, the following:
Any accident or incident relating to services performed under this Agreement that involves injury or property damage which may result in the filing of a claim or lawsuit against FULLERTON.
Any third party claim or lawsuit filed against CONTRACTOR arising from or relating to services performed by Contractor under this Agreement.
Any injury to an employee that occurs in FULLERTON property.
Any loss, disappearance, destruction, misuse, or theft of any kind whatsoever of FULLERTON property, monies, or securities entrusted to CONTRACTOR under the terms of this Agreement.
21. MISCELLANEOUS PROVISIONS
a. Each individual or entity that executes this Agreement represents and warrants, in his, her, or its personal capacity, that he, she, or it is duly authorized and empowered to enter into this Agreement on behalf of the party he, she or it purports to represent.
All Attachments referenced herein or attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
Time is of the essence in the performance of this Agreement.
There are no third-party beneficiaries to this Agreement.
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same of any other covenant or condition.
If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect.
This Agreement may be executed in counterparts. These counterparts shall together constitute one Agreement, regardless of their date of execution.
Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between County and any participant participating in this program, or any of City’s agents or employees.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
CITY OF FULLERTON CONTRACTOR
ILLUMINATION FOUNDATION, a California non-profit corporation _________________________ _________________________
Eric Levitt By: John Ing
City Manager COO/CFO
ATTEST:
__________________________
xxxxxx
City Clerk
APPROVED AS TO FORM:
By: _______________________
xxxxxx
City Attorney
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