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HomeMy WebLinkAbout2014 CON CSA San Diego County - FYCDBG 2014 - 2015 Sub-RecipentAGREEMENT BETWEEN CITY OF NATIONAL CITY AND CSA SAN DIEGO COUNTY FOR FAIR HOUSING AND TENANT LANDLORD MITIGATION SERVICES THIS AGREEMENT, entered this 1st day of July, 2014 by and between the Citv of National City (herein called the "Grantee") and the CSA San Diego County (herein called the "Subrecipient.") WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; SCOPE OF SERVICE A. Activities: The Subrecipient will be responsible for administering the program titled, Fair Housing and Tenant Landlord Mitigation Services in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include activities eligible under the Community Development Block Grant ("CDBG") program, as specified in Exhibit A, attached and incorporated herein. B. National Obiectives: All activities funded with CDGB funds must meet one of the CDBG program's National Objectives: benefit low- and moderate -income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet the National Objective of benefiting low- and moderate -income persons. C. Levels of Accomplishment — Goals and Performance Measures: The levels of accomplishment may include such measures as units rehabilitated, persons or households assisted, or meals served, and should include periods for performance. Refer to Exhibit A for the level of project and program services. D. Staffing: Subrecipient shall be responsible for staff and time to be allocated to each activity, as set forth in Exhibit A, attached hereto and incorporated herein. E. Performance Monitoring: The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE Services of the Subrecipient shall start on the 1st day of July, 2014 and end on the 30th day of June of 2015. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. III. BUDGET Any indirect costs charged must be consistent with the conditions of Paragraph VII (C)(2) of this Agreement. Subrecipient shall adhere to the Budget, attached as Exhibit B and incorporated herein. Both the Grantee and the Subrecipient must approve any amendments to the Budget in writing. Subrecipient Agreement Page 1 of 14 IV. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed Thirty Five Thousand Dollars ($35,000.00). Drawdowns for the payment of eligible expenses shall be made against the Budget line items specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the Budget line items specified in Paragraph III and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. Payment shall be contingent upon HUD's delivery of payment to City. V. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: ^Granttee P1ket>t#.4 Contact Person: Angelita Marchante Contact Person: Estela DeLosRios Organization: City of National City Organization: CSA San Diego County Address: 140 E. 12th Street National City, CA 91950 Address: 131 Avocado Avenue El Cajon, CA 92020 Telephone: (619) 336-4219 Telephone: (619) 444-5700 Email: amarchante@nationalcityca.gov Email: estela@c4sa.org VI. GENERAL CONDITIONS A. General Compliance: The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. "Independent Contractor": Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. C. Hold Harmless: The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. Subrecipient Agreement Page 2 of 14 D. Workers' Compensation: The Subrecipient shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the Grantee and its elected officials, officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the Grantee or its elected officials, officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the Grantee under this Agreement. Insurance & Bonding: The Subrecipient, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies attached as Exhibit F: ❑ 1. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 2. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). 3. Commercial general liability insurance, with minimum limits of $2,000,000 per occurrence/$4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. 4. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of Subrecipient's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the Grantee. Said endorsement shall be provided prior to commencement of work under this Agreement. 5. The aforesaid policies shall constitute primary insurance as to the Grantee, its officers and employees, so that any other policies held by the Grantee shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the Grantee of cancellation or material change. 6. Said policies, except for the professional liability and workers' compensation policies, shall name the Grantee and its elected officials, officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. 7. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the Subrecipient shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 8. Any aggregate insurance limits must apply solely to this Agreement. 9. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 10. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City Risk Manager. If the Subrecipient does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the Grantee may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 11. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the Grantee. The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall Subrecipient Agreement Page 3 of 14 purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantee Recognition: The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments: The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient. H. Susoension or Termination: In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect. The Grantee shall have the right, in accordance with 24 C.F.R. 85.43, to terminate this Agreement immediately or withhold payment of invoice for failure of the SUB -RECIPIENT to comply with the terms and conditions of this Agreement. Should the Grantee decide to terminate this Agreement, after a full evaluation of all circumstances has been completed, the Subrecipient shall, upon written request, have the right to an appeal process. A copy of the appeal process will be attached to any termination notice. If the Grantee finds that the Subrecipient has violated the terms and conditions of this Agreement, the Subrecipient may be required to: 1. Repay all monies received from the Grantee under this Agreement; and/or 2. Transfer possession of all materials and equipment purchased with grant money to the Grantee. In the case of early termination, a final payment may be made to the SUB -RECIPIENT upon receipt of a Final Report and invoices covering eligible costs incurred prior to termination. The total of all payments, including the final payment, shall not exceed the amount specified in this Agreement. I. Termination for Convenience: In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Sub -recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. Grantee and sub -recipient agree to provide written Subrecipient Agreement Page 4 of 14 notice to the other party thirty (30) days prior to the effective date of any termination, in whole or part, for convenience. In the event that HUD withdraws any portion of the City's CDBG funds, the City shall not be obligated to reimburse the Sub -recipient or sub- contractor for any activity expense incurred or otherwise. City will notify Sub -recipient or subcontractor if such event by HUD occurs. VII. ADMINISTRATIVE REOUIREMENTS A. Financial Management 1. Accounting Standards: The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles: The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keening 1. Records to be maintained: The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention: The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four- year period, whichever occurs later. 3. Client Data: The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 4. Disclosure: The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by the State and for Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs: The Subrecipient's obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall Subrecipient Agreement Page 5 of 14 include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits & Inspections: All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and OMB Circular A-133. 7. Additional Documentation: Subrecipient agrees to provide a list of its Board of Directors and Corporate By -Laws, Exhibit "C", and any additional documents, as required in Exhibit "D," "E," and "F" attached and incorporated herein. C. Reporting and Payment Procedures 1. Program Income: The Subrecipient shall report quarterly all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to the Grantee at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. 2. Indirect Costs: If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 3. Payment Procedures: The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with the approved Budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient. 4. Progress Reports: The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee. D. Procurement: 1. Compliance: The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non - expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement. Subrecipient Agreement Page 6 of 14 2. OMB Standards: Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. 3. Travel: The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets: The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement [or such longer period of time as the Grantee deems appropriate]. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the Grantee deems appropriate]. 3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. VIII. RELOCATION. REAL PROPERTY ACOUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. [The Grantee may preempt the optional policies.] The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG- assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. IX. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Riahts 1. Compliance: The Subrecipient agrees to comply with local and state civil rights ordinances here and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Subrecipient Agreement Page 7 of 14 2. Nondiscrimination: The Subrecipient agrees to comply with the non- discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 3. Land Covenants: This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504: The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action 1. Approved Plan: The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds, consistent with the policy in Exhibit "E", attached hereto and incorporated herein. 2. Women- and Minoritv-Owned Businesses (W/MBE): The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records: The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications: The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Subrecipient Agreement Page 8 of 14 5. Eaual Employment Opportunity and Affirmative Action (EEO/AA) Statement: The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions: The Subrecipient will include the provisions of Paragraphs IX.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity: The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards: The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance: Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the Subrecipient Agreement Page 9 of 14 greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications: The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts: The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability: The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts: a. Approvals: The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. b. Monitoring: The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient Agreement Page 10 of 14 c. Content: The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process: The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. 3. Hatch Act: The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest: The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. 5. Lobbvina: The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and Subrecipient Agreement Page 11 of 14 cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbvinci Certification: This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Coavriaht: If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Activities: The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. X. ENVIRONMENTAL CONDITIONS A. Air and Water: The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: • Clean Air Act, 42 U.S.C. , 7401, et seq.; • Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; • Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection: In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint: The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation: The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. Subrecipient Agreement Page 12 of 14 XI. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. XII. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. XIII. WAIVER The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XIV. INTERPRETATION OF THE AGREEMENT The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. The Agreement does not limit any other rights or remedies available to the Grantee. The Subrecipient shall be responsible for complying with all local, state, and federal laws whether or not said laws are expressly stated or referred to herein. Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not containing such revision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are severable. XV. ATTORNEY'S FEES In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of, this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non - prevailing party all reasonable attorney's fees, costs, and expenses incurred by the prevailing party. XVI. ENTIRE AGREEMENT This agreement constitutes the entire agreement and the attachments referenced below between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement. ATTACHMENTS Exhibit A -Scope of Services Exhibit B-Budget Exhibit C-Board of Directors and Corporate Bylaws Exhibit D-Technical Assistance Materials Exhibit E-Affirmative Action Policy Exhibit F-Insurance Subrecipient Agreement Page 13 of 14 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. City of National City <-:7=-'l Leslie Deese City Manager ATTEST N Miclfael Dalla City Clerk CSA San Diego County 4. Estela DeLosRios Executive Director reciado President Subrecipient Agreement Page 14 of 14 EXHIBIT A SCOPE OF SERVICES CSA San Diego County Fair Housing and Tenant Landlord Mitigation Services 1. The Proiect consists of the following activities: Overall ProjectGoal Pi ase list any additional goals r of j ctiv s oti pttier"page,-)' Provide counseling, seminars, workshops, and educational events to landlord, property managers, tenant advocates, real estate agents, banks, and other lending institutions, homebuyer educators and counselors, government, social service agencies, and the general public that explain and promote federal and state Fair Housing laws. The program will also document and track bona fide housing discrimination complaints, provide mitigation services, and assist clients in filing complaints or assist in initiating litigation as appropriate. 250 unduplicated persons will be served directly by fair housing services including education( dispute mitigation, and in the filing of housing discrimination complaints Objw Maintain a telephone hotline and email capability to answer inquiries about fair housing and fair housing violations from National City residents. A website that contains fair housing information should also be maintained. Objective 2 Develop, produce, and distribute Fair Housing brochures to the public, including local community based organizations, senior centers and family resource centers, regarding fair housing law and regulatory issues and attend 6 community events in National City where information on Fair Housing can be provided. When appropriate, these materials shall be bilingual. Objective #3 Assist the City of National City in addressing the impediments for Fair Housing as listed in the 2010-15 San Diego Regional Analysis of Impediments to Fair Housing and participate in the Fair Housing Resources Board. Objective 2. The following lists the staff and time commitments to be allocated to activity listed above. Member Name -and Title; n/a tours Ailocat+ n/a 3. Reporting Method: Quarterly 4. Billing Method: Monthly Quarterly X Other 5. List the type of supporting documentation to be provided: Client demographic information to include race, ethnicity, disability (as defined by the Social Security Administrative Guidelines), sex, female head of household, income, residency and the number of unduplicated clients served. Financial documentation will include canceled checks, receipts, timesheets, and specific ledger for CDBG charges as well as other documentation for the tracking of employee expenses including salary and benefits. 6. List the major/key activity milestones: explain: Major Activity Milestones Month (1=3uly 2013, 12=June 2014) 1 2 3 4 5 6 7 8 9 10 11 12 Fair Housing Services (Education, Outreach) x x x x x x x x x x x x Landlord/ Tenant Mitigation x x x x x x x x x x x x EXHIBIT B BUDGET 2013-2014 Agency Name: CSA San Diego County Activity Name: Fair Housing and Tenant Landlord Mitigation Services Description CDBG BUDGET OTHER RESOURCES TOTAL BUDGET 1) Personnel - - Executive Director 9,900 $ 9,900 Sr. Housing Counselor 5,280 $ 5,280 Administrative Assistant 3,160 $ 3,160 Housing Counselors 7,390 $ 7,390 2) Fringe Benefits Fringe Benefit 3,940 $ 3,940 3) Travel Mileage 100 $ 100 4) Supplies and Materials/Operating Costs Supplies 140 $ 140 Printing 10 $ 10 Telephone/Communication 500 $ 500 Insurance 1,610 $ 1,610 Promotional Marketing 25 $ 25 Accounting & Audit 610 $ 610 Consultant Services 450 $ 450 Postage 10 $ 10 5) Indirect Costs (Overhead) Rent/ Utilities 1,875 $ 1,875 Other TOTAL 35,000 $ - $ 35,000 Exhibit C CSA San Diego County Board of Directors Jose Preciado, Board President Director Academic Engagement Programs San Diego State University 5500 Campanille San Diego, CA 92182-1623 (619) 922-2209 josepreciado@yahoo.com Gerald Brown Executive Director United African American Ministerial Action Committee 4981 Market Street San Diego, CA 92102 (619) 264-1213 Geraldwb777@gmail.com Mario Garrett Professor, San Diego State University 4343 Valle Drive La Mesa, CA 91941 (619) 992-5317 fightforgero@yahoo.com 7/29/2014 Besma Coda Executive Director Chaldean Middle -Eastern Services 343 Main Street El Cajon, CA 92020 (619) 300-2331 Mark Arabo Chief Executive Officer Neighborhood Market Association 7050 Friars Rd #300 San Diego, CA 92108 (619) 464-8485 Jesus Pacheco Director, CWA Local 9400 566 E. Main Street El Cajon, CA 92020 (619) 261-2100 eva5i@yahoo.com EXHIBIT D TECHNICAL ASSISTANCE MATERIALS The Sub -recipient received the following items: 1. Playing by the Rules, A Handbook for CDBG Sub -recipients on Administrative Systems 2. Code of Federal Regulations (CFR) CDBG Section Title 24 Part 570 3. OMB Circular No. A-122: Cost Principals for Non -Profit Organizations 4. OMB Circular No. A-133: Audits of States, Local Governments and Non -Profit Organizations 5. Quarterly/Annual Performance Reporting Form 6. A Comprehensive Compliance and Performance Monitoring Checklist 7. Expenditure Reimbursement Claim Form 8. Qualifying Beneficiary Intake Data Form 9. Sample Sub -recipient Agreement and Exhibits (Scope of Services, Budget, Board of Directors and By-laws, Affirmative Action Policy and Insurance Requirements) 10. Orientation on meeting CDBG National Objectives The reference documents will assist the Sub -recipient to understand U.S Department of Housing and Urban Development and City of National City rules, regulations, and reporting requirements. The Grantee also reviewed CDBG regulations under the CDBG webpage on the HUD website: http://www.hud.gov/offices/cpd/communitvdevelopment/programs/entitlement EXHIBIT E AFFIRMATIVE ACTION POLICY 1. Provision of Program Services a. Subrecipient shall not, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG funds. b. Subrecipient shall not under any program or activity funded in whole or in part with CDBG funds, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap: 1) Deny any facilities, services, financial aid or other benefits provided under the program or activity; or 2) Provide any facilities, services, financial aid, or other benefits which are different or are provided in a different form from that provided to others under the program or activity; or 3) Subject to segregated or separate treatment in any facility in, or in any matter of process related to receipt of any service or benefit under the program or activity; or 4) Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity; or 5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services, or other benefits provided under the program or activity; or 6) Deny any opportunity to participate in a program or activity as an employee. c. Subrecipient may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race, religion, color, national origin, sex, sexual preference, or handicap, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular race, religion, color, national origin, sex, sexual preference or handicap. d. Subrecipient, in determining the site or location of housing or facilities provided in whole or in part with CDBG funds, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination on the grounds of race, color, national origin, or sex, or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto: e. In administering a program or activity funded in whole or in part with CDBG funds regarding which the Subrecipient has previously discriminated against persons on the grounds of race, religion, color, national origin, sex, sexual preference or handicap, the Subrecipient must take affirmative action to overcome the effects of prior discrimination. f. Even in the absence of such prior discrimination, a Subrecipient in administering a program or activity funded in whole or in part with CDBG funds should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin, or sex. Where previous discriminatory practice or usage tends, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, to exclude individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program or activity to which CDBG funding applies, the Subrecipient has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964. g• A Subrecipient shall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. h. Notwithstanding anything to the contrary in Sections J. 1. (a. through h.), nothing contained herein shall be construed to prohibit any Subrecipient from maintaining or constructing separate living facilities or rest -room facilities for the different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed only by a member of the same sex as the recipients of the services. 2. Employment Discrimination a. Subrecipient shall not discriminate against any employee or application for employment because of race, color, religion, sex, national origin, age, or handicap. Subrecipient shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, age, or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rate -of -pay or other forms of compensation and selection for training including apprenticeship. Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. b. Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or handicap. c. Subrecipient shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the CDC's contracting officers, advising the labor union or workers' representative of Subrecipient'S commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notices in conspicuous places available to employees and applicants for employment. d. Subrecipient shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.. e. Subrecipient shall furnish to the CDC all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the related rules, regulations, and orders. f. In the event of Subrecipient'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and Subrecipient may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 9• Subrecipient shall include the provisions of Section II. J. 2. (a. through f.), "Affirmative Action Policy," paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. Subrecipient shall take such action with respect to any subcontract or purchase order as the CDC may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CDC, Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. h. Subrecipient shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975 (42 U.S.C. 6101 et sea.) or with respect to any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). Subrecipient shall also provide ready access to and use of all CDBG fund -assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.). 3. Remedies: In the event of Subrecipient'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and Subrecipient may be declared ineligible for further government contracts and any such other sanctions as may be imposed and remedies invoked as provided by law. Exhibit F CSASA-1 OP'tD;.S2 ---,,,.. `-.' CERTIFICATE .OF LIABILITY INSURANCE DATEIMMAANYYYY), 07/09/14 THIS. CERTIFICATE IS ISSUED AS. A MATTER OF.INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE' . CERTIFICATE DOES. NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS .CERTIFICATE .OF .INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN' THE ISSUING INSURER(S), REPRESENTATIVE OR•PRODUCER, AND. THE CERTIFICATE HOLDER. HOLDER. THIS BY THE POLICIES AUTHORIZED IMPORTANT:. trifle certificate holder Is an ADDITIONAL INSURED, the policy(les) must be'endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A £tatemept On'thle certtiflcat'e does pot confer rights to. the certificate holder in lieu of such endorsemerltler. PRODUCER' 619.464-8851 Teagu¢,lnsur'ance Agency, Inc, License #0525512 619-6E8-4715 4.T00 -Spring $t., 4th'Floor La Mesa, CA ST942 Teague !nsuranc iAC,r ' PH N,, exet; r^n , • • ADDRESS: 1NSURER(BYAPPORDINGDQVERAGE MAWS INSURaRA:Oak River Insurance Company 34630 INSURED CSA San DiegO County 131 Avocado Avenue El Cajon, CA 92020 t.ns',re a ..to ................ .-......__ INauRkRe;Markel Insurance Company INSURCRC: MS"R ' D' .. . INSURER E: 1JJSUREIi F: ---'--•'--•------ F,\ Y101 VAN r\Y,elocn; THIS IS TO CERTIFY THAT THE POLICIES OE INSURANCE LISTED -MOW HAVE BEEN -ISSUE° TO THE:INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM' OR CF A ONDITION OF CONTRACT OR, OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUB.1£CT TO ALLTHE TERMS, EXCLUSIONS AND'CQN DITI.ONS OF SUCH POLICIES. LIMITS SHOWN MAY -HAVE BEEN REDUC�EEDpB�Y PAID CLAIMS irsik LLTR TYPE OFINBURANCE .1 twee PQUCY NUMBER - 16 1MMR10Y5'Y 1Y/ IIMMilWYYYYI LIMITS GENERAL .LIABILITY FACHOCCURRENCE 6 1,400,000 B X COMMERCIAL GENERAL LIABILITY X 8502833088226 12/04/13 12/04/14 pAMAGETS.O RENTED ta) $ 100,000 OLAIMS-MADE LJ OCCUR MEo PJP (Any mna'paNan)' $ 6,000 PERSONAL A.ADV INJURY 1,000,000 $ X Prof Llab $113Mii GENERAL 3,0014000 AGGREGATE $ GENL AGGREGATE :LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO 6 3,000,000 POLICY rX gCT n.um tin p Ben, t 1,000;000 ' AUTOMOBILE LIABILITY C aINEDISJNGL'a Limn SEa avagent) 4 1,000,000 r ANY Auto- ALL OVFIMED SCHEDULED 8502SS3086226 12/04113 /2/04114 BODILYINJURY(OW Penton) 6 . _ AUTOS AU.OS CEO .B00ILY INJURY (Per maiden)) $ LX HIREO AUT08 X AAUU O PROPERTY DAMAGE „(PBLHurAleri) $ .. $ . .SUd$RELLA LIAe OCCUR EACH OCCURRENCE 8 1,D00,00C B: X _EX ESSUAG cLgiMs,µ*UE 46D2S53908100 12/04113 12104/14 AGGREGATE 1,000,000 $ 'DEO 'I X RETENTION 6 1.0000 - .. 6 WORKERS: COMPENSATION AM] EMPLOYERS' LIABILITY f - rVJC STAIIJ- - OTTI X !'rORY LIMITS.L ER, A ANy momeETORIPAP,, weniexecurve, OfFIOER/MEMBER VIII HOED'? NIA X. 2200059$41141 07/01/14 07/01/1S E;L EACH ACClDENt $ 1,D04 ,GOO (Mandatory in NH) II yyeeam deserae Inds E.L OI SEgse -EA EMPLOYEE 6 1,000,00 D DEscelPTIONOF OPERATIONS bblaw E.L DISEASE - POLK:Y LIMIT 1,000,00 .$ DESCRIPTION VF OPERATION! / LOCATION$ f VEISCLO$ (Attach ACORD 101, Additionar Randal ScheduU, K more apace is required) The City -of National ) .ty, its aleoted officials, oEficers,.agents, and additionare named am additioal insured with waiver" of subrogation and per project aggregate .when required by written contract or. agreement par form MG1J232'(05/t j. Waiver of Subrogation applies to workers -compensation per form WC 99 04 02B, CERTIFICATE HOLDER CANCELLATION City of National City do City Attorney.% Office SHOULD ANY OF THE ABOVE-DESGRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE Wit.. BE DELIVERED IN ACCORDANCE WITH THE -POLICY PROVISIONS. 1243 National City Blvd National City„ CA 91950-4301 I. AUTI(OIUZE�REPRE§ENTATIO ACORD 25 (2010/05) ©1986.2010 ACORD CORPORATION: All rights reserved. Tho-ACORD name and logo are registered marks of'ACORD Exhibit F ATTACHED TO AND FORMING PART OF COMMERCIAL GENERAL LIABILITY POLICY NUMBER: S50288306622 - 0 Markel Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY., COMMERCIAL GENERAL LIABILITY PLUS EXTENSION ENDORSEMENT Various provisions in :this endorsement; modify coverage. Read the entire policy carefully to determine rights, duties and what is and. is .riot covered. Throughout this endorsement the words "you",arid "your" refer to the Nettled Insured shown In the declarations. The wards "we," "us" and our" refer tothe aampany providing this insurance. This endorsement modifies insurance provided under•the following:. COMMERCIAL GENERAL.UABILF Y COVERAGE PART Unless specifically stated in this endorsement, all tither terms, conditleris end exclusions of the policy remain unchanged. The following Is a summary ofthe limits, additional coverages and extensions provided by this, endorsement. For oornplete details on specific coverages, consult the policy contract wording. .AS respects: any coverage provided by this. endorsement, if higher limits ere provided en any other schedule, declarations, or endorsement attached to this policy, then the limits and coverage provided by this endorsement would not apply for that coverage. SCHEDULE Medical Payments Increased to $10,000 par person tunieas.exciuded) SUpFplernentary Payments Dail Bonds Up to $5000 Loss of Earnings Up to $500 a day Damage to Premises Fleeted to You Up to the General Liability Each'Occurrence Unlit Non -Owned Watereratt Increased to Si feat long Nan -Owned Aircraft If rented or loaned with a paid crew Property Damage from Elevator Use .Included Broadened Definition of Insured. Included Mental Anguish Recruiting front Bodily Injury Included Advertising injury from Televised or Videotaped Material Included Broadened Definition of Mobile Equiernent Included Per Location and. Per Project Aggregates included Additional insured:- Manasers'or Lessors of Premises Included Additional Insured - Vendors (Limited) Included .Additional Insured: -By WrIttert C.ontrect, Agreement or Permit Included Additional Insured -Mortgagee, Aesignee, or Receiver Included Extended "Property..Damage" - Expected or Intended Injury Included Property Damage to Borrowed Equipment Up -to*10,000 per 'iocourrence" Property.Damage to "Customers' Goods" Up to $10,0.00 per "occurrence" Medical Personnel Coverage Up to 0100,000 per "ciccurrerioe" if no other coverage forrit applies Limited '"Product Withdrawal" Expense Coverage $10,000 per "Produot Withdrawal" Waiver of Transfer of Rights of Recovery Included Duties in the Event of "Occurrence", Claim or "Suit" Included Unintentional. Failure to Disclose Hazards included Liberalization Included. MG1. 32 (05109) Copyright, Markel !Mumma Company, 2009 Page. 't :of 14 includes copyrighted material of ISO, Inc. with lts.periinission Exhibit F I. Medical Payments The following applies only if Medlccl Payments Coverage is not excluded from the policy to whioh this endorsement is attached SECTION III - Limn .•OF INSURANCE, paragraph 7. is deleted in Its entirety and replaced by the following: 7. Subject to paragraph i'-., Section III - Lints of Insurance, the 'Medical Expense Limit Is equal to the Medical apense.•1 lmit.stated In the Declarations subject to a minimum of 010,000 and Is the most we will pay under Coverage C for all medical expenses because of "bodily injury' sustained by arty one person. !I. SUPPLEMENTARY PAYMENTS -.RAIL BONDS AND LOSS OF EARNINGS SUPPLEMENTARY PAYMENTS - COVERAGES .A AND i1, paragraphs 1.b, and 1.d. are deleted in their entirety and replaced by the following: b. Up to >§6000 for cost of beil.,bonds required because of acdderrts or traffic law :violations arising out of the use Of any vehicle to +ivhioh Bodily injury Liability Coverage applies: We de net have to .furnish these bonds; d. All reasonable expanses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to.0.500 a day because of time off frorn work:. III. DAMAGE TO PREMISES RENTED TO YOU A, When Damage To Premises Rented To You Limit is shown in the Declarations, Exclusion J, of Coverage A, Sectidn.I'is replaceed by the following: 1• Dotage To Pronarty "Property damage" to:. Ill Property you own, rent, oroccupy, including any ovate or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for arty reason, including- prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or:abandon, if the "property damage" arises out of ®ny part of those promises, (3) Property loaned to you.: (4] Personal property In the care, oustody or control of the Insured; 15) That: particular part of real property on which you or any contractors or subcontractors working directly or indirectly- on your behalf are performing operations, If the ""property damage" ariSas out of those operations; or (6) That particular part of arty property that must be restored, repaired or replaced because "your work" was incorrectly performed omit, Paragraphs (1); 13) and 14) of this exclusion do not apply, to: "property damage" (ether than damage by fire) to prerrrises, Including the contents of eueh premises, rented to you,. A separate limit of insurance applies to Damage To Premises Rented To You as described In Seotlon Ili - Limits of Insurance. Paragraph ,(2i of this explosion does hot apply if the premlees are "your work" and were never. occupied, rented or held for rental by yeti. M0I.232 (05/09)• Copyright, Markel insurance Company,.2009 Page 2 of 14 Includes copyrighted materiel of ISO, Inc. with its permission' Exhibit F Paragraphs (3).-(4), (IX end (6).of this .exclusion do not apply to liability aasernad under a sidetrack agreement. Paragraph (Si of this. exclusion -does not apply to "property damage" Included iri the. "products nompleted operations hazard", B. SECTION 1 - COVERAGE A.2. Exclusions is emended teedelete the last paragraph end la replaced by the following: Exolusidna b. through t. do not apply. to damage by fire; lightning, explosion, smoke or sprinkler leakage e damagto premises white rented to .you or temporarily oecupled by you with permission of the owner. A separate limit of Insurance applies°to this:coverage.as described In.Section IB - Limits of Insurance. C. SECTION CII -.LIMITS OF INSURANCE, Paragraph 6. Is replaced by the following: 6. Sullied to .5. above, the Damage To Premises Rented To You Limit; is the most we will pay under .Coverage A for demeges• because of "property damage" to any -acne. premises while rented to.you, or, 'In cage of damage by fire,. lightning, explosion,. smoke, or sprinkler leakage while rented to you or temporarily occupied by you with permission of'the owner. The Damage To Premises dented To You limit is the. Each Occurrence Limit 'shown in the: General U'abiiity Declarat)ons. Dl. COMMERCIAL. GENERAL LIABILITY CONDIT,QNS SECTION, paragraph 4.b.(1)is)(i9) or paragraph 4.b.(1)la)(iii) is deleted and replaced by the (ollcwtng„ That is fire, 'lightning, explosion, smoke et sprinkler leakage Insurance: for premises. rented to you or temporarily occupied by you with permission of the owner:. or E. DEFINITIONS SECTION , paragraph.9.a. is deleted and replaced by the fd1 wing: a, A:oontrect for a lease of premises: However, that portion of the c*ntract. for a lease of premises that indemnifies my parson or organization for damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you•or temporarily oeoupted by you with permission of the owner is not an "insured.contract"; IV. NON -OWNED WATERCRAFT AND NON -OWNED AIRCRAFT RENTED OR LOANED TO YOU WITH A CREW SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND 'PROPERTY DAMAGE LIABILITY,. Exclusion g.. -.Aircraft, Auto or Watercraft, pareeraph.(2), is deleted in,its entirety .and replaced with the following; (2) A watercraft you do not: own that Ls: (a) Less than 51 feet long; and (b) .Not being used to carry persona or property for a charge. The following Is•added to g. (6) An aircraft not owned by any insured that is rented or loaned to you with a pall! crew. • If other insurance applies to a loss beceUBe bf 'property damage" to non -owned watercraft or aircraft es described in 12)(e) and. (b) or (6) above, the 'insurance pravlded by this COVsrage Form does not apply whether the ether insurance is primary, excess, contingent, or issued on any other basin. V. PROPERTY DAMAGE COVERAGE ARISING. OUT OF ELEVATOR USE 5ECTIOl 1 - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Exclusion j. is amended to Include the following: MGL232 (06/09). Copyright, Markel Insurance Company, 2009 Page 3 of 14 includes oopyrighted material of ISO, Inc. withits permission Exhibit F Paragraphs..(3), 14) and (6).ahal(..not ripply to liability arising out of the use of elevators. If other valid and ceilectible irisitrance.applies to, a lose :because of "property damage" arising out of the use •of elevators, this Coverage Form shall apply 'excess of the other insurance,. whether this other insurance is :primary; excess, contingent;'or Issued. on any other basis. VI. WHO 1S AN INSURED. SECTION II - WHO iS AN INSURED, is.arnendsd by the fofloWing: A. Paragraph 2. is amended .to include the following as;insureds: e. Any legally incorporated entity of which you own at least 51•% of the voting stock: on the Inception dote of this .Coverage Form and on the date of.any covered. "occurrence", claim or "suit'. This insurance shall not apply to any entity that is already an insured under any .other insurance provided by any company or that would be an Insured but for the exhaustion of its limits of insurance. R. Newly Acquired or Formed Organizations Paragraph 3.4.. Is deleted in Its entirety arid replaced with: s. GoVerage for your newly acquired -or termed organization shall be: 1. Effective on the data of acquisition or affirmation;. and 2. Afforded untll.the end of the policy period`ot this'covorage Form. C. The following is added to Paragraph •Z.a.:. Paragraph (1) does.not apply to executive officers, or to managers at t'he'supervisorylevel ar above. VS. MENTAL ANGUISH COVERAGE THAT RESULT$ FROM BODILY INJURY DEFINITIONS SECTION, Item 3., Bodily Injury, is deleted in ha entirety end replaced with the fotlowing: 3. "Bodily injury" means: .a. Bodily injury, sickness or disease sustained by a parson, and also includes mental anguish or emotional distress provided such mental anguish or emotional distress results from any of these; and b. Death resulting from bodily injury, sickness ordieease. VIJI..ADVERTISING INJURY A. DEFINITIONS SECTION, item 14, Personal and Advertising Injury, paragraphs d. and e. are deleted in their entirety and replaced with the following: d. Oral,written or.profesaionallyproduced televised or videotaped publication of material in any manner that slanders- or libels .a person or organization, or disparages a person's br organfration's goods, products or se-viCes; Oral; written or.professionaUy produced televised er"videotaped publicationof material In any manner that violates a person's right to privacy; S. SECTION I - COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, Exc usiena b. and e. are deleted In their entirety and replaced with•the following: b. 'Personal and advertising injury" arising put of oral, written or professionally produced televised or vlrlaptaped publication of material In .any manner,. if done by you or. your direction with knowledge of Its falsity; MGL232 (05)091 Copyright,. Markel insurance. Company,.20Og Page 4 of 14 Includes copyrighted material of ISO; Int, with its permission Exhibit F a. "Personal and advertising Injury" arising vet •of oral, written or professionally produced televised or videotaped publication of material whose first publication -took place before the beginning of the. policy period. IX. MOBILE EQUIPMENT DEFINITIONS SECTION, Item 12., Mobile Equipment, paragraph fd11 Is amended to .add the following: This shall..not apply to sett -propelled vehiciee of Tess than 1000 pounds gross vehiple weight., X. PER LOCAT1ON.AND PER PROJECT AUOIREGATES SECTION. III - LIMITS•OF INSURANCE, is amended to add the following: A. Por all eumB which the, insured bec rni a legally obligated to pay as damagert caused by 'occurrences" under COVERAGE A (SE0'110N•II, and for all medical expenses c®used by accidents under COVERAGE C (SECTION 1), Which can be Attributed only:to operations at a oovered "lecation" or covered construction project:. 1. A separate Per Lotetion:or Per 'Project General Aggregate Lirnit applies to each covered "location" or covered eonstruotion project, and that limitis equal to the amount of the General •Aggregate Limit showri,in the Declarations. 2. The Per Location -or Per Project: General Aggregate Limit la the most we will pay .for the sum of all damages wider COVERAGE A, except damages because of "bodily injury" or 'property damage included In the "products-oompieted operations hazard"; end for .medical expenses under COVERAGE regardless of the number of: a. Inured*; b. Claims made or "suits" brought; or c. Persons or organizations making ctalrna or bringing "MAW'. 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shah reduce the Per Location or Pei Project General Aggregate Limit for each covered "location' or covered project for which payment is made. Such payments .shall not reduce the General Aggregate Llmft shown In the Declarations nor shall they reduce: any other .Covered "ioaeticn' or covered project's general aggregate.. 4. The limits; shown in the Declarations for Each Qccurrenee, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown to the Declarations, such limits will be subject. to the applicable Per Location or Per Project General 'Aggregate: Liirilt.. B. For all sums which' the insured becomes legally obligated to pay' es damages caused. by "occurrences" under COVERAGE A (SECTION 1), and for all medicai:expensee oaused by acalderrts under COVERAGE c ($r CTION 1), which cannot.be.ettrlbuted Only to ongoing. operations at a RoVered "iocatIon" or covered project; 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate LIMN or the Products -Completed Operations Aggregate Limit, whichever is applicable; end 2. Such payments shall'libt reduce_ any Per Location or Per Project General Aggregate Limit. MGL232 (05109) Cdpyright,,Markel Insurance Company, 2009 Page 5 of 14 includes coPlrrlghted Materiel of ISO Inc. With its petmisalon Exhibit F C. When doverage for Nabllity arising Cut of the "products -completed .operations. hazard" Is provided, any payments for damages because of "bodily injury" or "property damage" included In the "producte..00mpleted operation§ hazard" will reduce the Products-Completed_Qperationtr.Aggregatel-imit, .and not reduce the Genera) Aggregate Limit mettle Per Location or Per Protect Genere( Aggregate Limit. D. For the purposes of this section of this endorsement, "Location" means premises invgtving the same or connecting lots, or premises whose. connection is interrupted only by a street,. roadway, waterway or right-of-way of st railroad. E. if the applicable covered construction project has .been abandoned, delayed,, or abandoned and then restarted, or -If the authorized .contracting parties deyfete from plans, blueprints, deelgns, specifications cir timetables, the project will still be deemed to be the same construction project. F, The. provisions of Limits of insurance (SECTION Ill) not otherwise modified by this endors;ernent shall continue to apply as stipulated. XI. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES WHO IS AN INSURED (SECTION II} is amended to include as an additional insured any person or organization who leases to you or manages property you rent or lease, but only with respect to liability for "bodily injury", "property damage` or "personal and advertising injury" caused, in whole er in.part, by your acts or omissions or the acts or omissions of those acting on your behalf in connection with that part of the premises lapsed or rented to you, and shown on the Declarations. The foilowing.additional exclusions apply: Thls insurance sloes not apply to; 1. Any "occurrence" whioh takes place after you cease to. be a.tenant in that premises. 2. Structural alterations; new construction or demolition operations pdrformed by Or oh behalf of the person or organization who leases to you •or menages property you rent or lease. XII. ADDiTIONAL.INSUHEDDS - VENDORS (LIMITED} The following provision applies only if the policy to which this endorsement is attached provides Insurance for "bodily injury" end "property damage" included inthe "products -completed operations hazard": WHO IS AN INSURED {SECTION II} is amended to include as an eddltionel sheared any person or organization (referred to below as vendor) with whom you agree In a written contactor agreement to provide insurance, - but •only with respect to "bodily injury" or ".property damage" arising out of "your produota" which are distributed or sold in the regular course of the vendor's: business; subject to the following additional exclusions: 1. The insurance afforded the vendor does not 'apply to: a. "13bdiiy injury" or "property ,damage" for. which the vendor Is obligated to pay damages by reason of" the assumption of liability .in a, contract or agreement. This exclusion does. not ripply to /lability for riernages that the vender would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical changotn the product made intentionally by the .vendor; d. Repackaging, eXcept: :when unpacked solely for the purpose of inapeotii n, demonstration., testing,. or the substitution of parts under Instructions from the manufacturer, and then repackaged in the orielnai container; e. Any failure to make such inspections, adjustments, tests or servicing es the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection With the distribution or sale of the products; MGL232 (05f09) Copyright, Markel insurance company, 2009 Page 6 of 14 lndudes copyrighted material of ISO, lnc. with its permission Exhibit F XIII. Demonstration, Installation, servicing or repair cperatlons, axoept:such Operations performed et the. vendor's- premisesin connection with:the sale .of -the product; g. Produces :which;.:after distribution or sale by you, have been labeled or relabeled or used as a container, pert or ingredient' of any other thing or substancaby or for the vendor; h. Any failure. to maintain the product In a merchantable condition; or I. "Bodily injury" or "property damage' arising out of the sale negligence of the vendor for Its own. sots or omissions or those of Its employees or anyone else acting on Its behalf. However, this exclusion doss not apply to: {t.) 'T'he.exceptions.aontained in subparagraphs d, or f.; or 42.) Such inspedtions, adjustments; testa or servicing os the vendor has. agreed to make or normally' undertakes to make In the .usual course of business,. In connection with the distribution or sale of the products.. 2. This insurance dogs not apply t0 any insured peraon:or organization froth whom you havo acquired such products, or any Ingredient, part or container entering:into, accornpanying pr containing suoh products. ADDITIONAL. INSURED - BY WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION The following paragraph is added to `WHO IS AN INURED (Section -II): 4. •Any person or organization. for whom you aro required by written Contract: agreement, permit ar authorization to provide insurance is en insured, subject to the following additional provIsions; a. The contract;. agreement, permit or authodlatiorr .must be in effort during the policy period shown In the Declarations, and must have been executed prior to the "bodily injury", "property damage", or "personal end advertising. injury", h. The person or organization is an insured only to the.extent you are held liable due to; f1) The ownerahlp, .maintenance -or use of that part of premises you own, rant, lease or occupy subject to the following additional provisions: (a) This insurance does not apply to any "occurrence' which takes .place after you cease to be a tenant in any premises (eased .to or rented to. you; (b) This insurance does not apply to any structural alterations, new construction or demolition .operations performed by or on behalf of the person or organization; (2) Your ongoing operations for that insured, whether the work. is performed by you or -for you; i3) The maintenance, operation or use by you of equipment leased to you by such person or organization. subject to the following additional provisions;: fel'The.insurance doe not apply to any "occurrence" which takes plebe after the aquipmerit Iedse axplres; (b) ;This insurance does not apply to "bodily: Injury" or "property damage" arising out of the sole negligence of such person or organization;' 14) Permits or authorizations issued by any state or political subdivision with respect to operations performed by you or on your behalf, subject to the following additional provision: This Insurance does not apply to "bodily Injury", "property damage", or "personal and advertising injury" wising out of operations performed for that State or munidpaiity. NIGL232 {08/09) 2000 includes � d material of ISO, l With Its ission ° of 14. Exhibit F c. The Insurance with respect to any architect, engineer, or surveyor, addod• as an "lamed" by this coverage, does not apply to: "bodily injury", "property damage", or °personal and .advertfetng Injury" arising out of the rendering or failure to render any professlonei seryloes by or for you, including: (1) Thepreparing, approving or 'failure to prepare or approve maps, drawings, opinions, reports, surveys, change Orden, designs or specifications; and 121 Supervisory, Inspection or.arigineering services. d. This ineurente does nbt apply to "bodily injury" or "property damage" included within the "products- corripieted operations hazard". A person's or organlzzetfon"s ?tutus as an insured under this endorsement ands when your operations for that Insured are completed. No coverage will be provided If, in the absence of this endorsement, no liability will be imposed' by law on .you. Coverage wilt be limited to the extent of your negligence or fault according to the applicable principles of, comparative fault. Thin• Additforiel Insured provision does not apply to Managers or Lessors of Premises, Vendors, ar Mortgagees, Assignees, or Receivers. For Managers or Lessors of Premises, refer to ADDITIONAL INSURED - MANAAaERS OR LESSORS OF PREMISES. For Vendors, refer to ADDITIONAL INSURED = VENDORS.. For Mortgagees, Assignees or Receivers, refer to ADDITIONAL -INSURED MORTGAGEE, ASSIGNEE, .OR RECEIVER. XIV. ADDITIONAL INSURED - MORTGAGEE, ASSIGNEE, OR RECEIVER WHO IS AN INSURED (Section II) is amended to Include as an insured the .person or organization with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance,. or use of premises by you. Thls insurance does not apply to structural alterations, new construotion and demolition operations performed by or for that person or organization. EXTENDED "PROPERTY DAMAGE" , EXPECTED OR INTENDED INJURY Exclusion 2.a. of SECTION 1 - COVERAGES,. COVERAGE A le deleted in its entirety and replaced by the following: •a. "Sodily injury" or "property damage" expected .or intended from the standpoint of the ln'sured. This exclusion does not apply to "bbdiiy injury" or ''property damage° resulting froni the use of reasonable force to protect persona or .property. .XVI: PROPERTY DAMAGE - SORROWED EGU(PMENT A. Paragraph .(41 of Exclusion J. of SECTION 1 - COVERAGES, COVERAGE A does not apply to: "property damage" to borrowed equipment while thet•equipment is: T, Not being used to perform operations, and 2. Away .Prom an insured's premises. B. The insurance afforded by this provision IS excess over any valid end collectible property insuranoe ('including any deductible) available to the Insured whether primary. excess, contingent or on any other .baste. G. SECTION ID • LIMITS OF INSURANCE.ie arnendod to add the fail *Irtg: Subject to the General Aggregate provision, the most we will pay under tie provision for "property damage" to borrowed equipment la $10,OO6 per "occurrence'`:. XV. MGL.232 (05/081 Copyright, Markel insurance Company, 20.69 includes copyrighted material of ISO, Inc. With its permission Page 8 of 14 Exhibit F Oak River Insurance Company PO Box 88138; San Franckca, CA 9088 Phone: (888) 995-8949 Fax: (858) 228-9613 Teague insurrnoe-Agency, Ittc:. Teague insurance. services, Inc. (La.Mesa)- 4700 Spring Street 4th Floor Mesa, CA 91992 ATTACHED .ARE DOCUMENTS FOR THE FOLLOWING NAMED INSURED. CSA SAN DIEGO COUNTY. DBM: See axlerisicn hsae cn PdiCY 131 AVOCADO AVENUE EL CAJQN, CA 92020 The_followingdocuments: provide details for.the following endorsement: Subro Waiver Endorsement (pecific) Exhibit F WORKERS COMPENSATIoN AND EMPLOYERS, LIABILITY INSURANCE POLfCY W 99 04. 02B (Ed 7-07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our;payrnents from 'aryone liable for an injury covered by this policy. We will riot enforce our right against the person or organization- named irite Schedule. (f"his:agreementepplies only to the :extent that you perform work under a writtencorkraof ttet requires you -to abkain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees- while engaged in the work' descrtbedlnthe Schedule. Ttie additional pramiurrtfor this endorsement shall he 5.00 % bf the tOtei policy premium otherMse due on such remuner$troh subject toa policy maximum charge for: ail such waivers of 5.00 %of total policy premium. The minimum.prernlum for this endorsement is $ 35n on Schedule person or Organization The City of National City, its elected officials, officers, agents, and employees C/O: City Attorneys Office, 1243 National City Blvd., National City, CA 91850 Job Description All California Operations - Providing housing counseling (9%by phone 1% in person) This endorsement changes the poky to•whieh.It Is attached.and Is effective en the date issued unless otherwise stated. (The information below Is required only when this endorsement Is issued subseq uent :to preparation of the policy.) Endorsement Effective: 7/01/2014 Policy No. 2200059541.1.41 Insured CSA SAN DIEGO COUNTY Insurance Company Qak.River Insurance Company WC B9 04 02B. (Ed 7-07) Endorsement No. 1 Premium $ Countersigned.hy RESOLUTION 2014 — 58 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS PROGRAM ENTITLEMENT FUNDS APPROPRIATED FOR FISCAL YEAR 2014/2015, ACCRUED PROGRAM INCOME AND FUNDS REMAINING FROM COMPLETED PROJECTS TO CDBG AND HOME ACTIVITIES RECOMMENDED FOR INCLUSION IN THE 2014/2015 ANNUAL ACTION PLAN AND AUTHORIZING THE SUBMISSION OF SAID PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, as an entitlement community, the City of National City ("City") administers the Community Development Block Grant ("CDBG") and the Home Investment Partnerships Act ("HOME") Program for the Federal Government under the United States Department of Housing and Urban Development ("HUD"); and WHEREAS, in accordance with the federal regulations at 24 CFR, Part 91, the City is required to prepare and submit an Annual Action Plan for its Housing and Community Development Programs in accordance with the needs and priorities established in the Five -Year Consolidated Plan approved by the City Council on May 4, 2010; and WHEREAS, HUD requires that all CDBG and HOME Program entitlement communities, such as the City of National City, hold at least two public hearings and a 30-day public comment period to solicit input on the Annual Action Plan, which includes a reallocation of entitlement funds awarded in previous years, and program income receipted by the City; and WHEREAS, the City Council conducted a duly advertised public hearing on March 18, 2014 and May 6, 2014, to receive input from the public; and WHEREAS, the City placed the draft Annual Action Plan, which includes a list of proposed activities for the CDBG and HOME Programs and the intent to reallocate funds for a duly advertised 30-day public comment period, on the City's website and in the Office of the City Clerk from March 25, 2014 to April 23, 2014; and WHEREAS, the City will incorporate any comment received during the 30-day public comment period in the final submission of said Plan by May 15, 2014; and WHEREAS, HUD has released entitlement appropriations to the City in the amount of $774,566 for CDBG, and $273,357 for the HOME Program activities that have been used to determine the Annual Action Plan activities to consider for funding, hereto attached as Exhibit "A"; and WHEREAS, staff has identified and verified the availability of $72,646 in CDBG funds remaining from previous year projects that have been completed, and $321,738 in HOME funds remaining uncommitted as of July 1, 2014 to supplement the funding of activities listed in the FY 2014-2015 Annual Action Plan as listed in Exhibit "A"; and WHEREAS, staff has also identified and verified program income received from the CDBG Program in the amount $15,944 that can be used to supplement the funding of activities listed in the FY 2014-2015 Annual Action Plan as listed in Exhibit "A". Resolution No. 2014 — 58 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the reallocation of $72,646 in CDBG funds remaining from completed projects, $15,944 in CDBG Program income, and $321,738 in HOME Program uncommitted remaining funds to supplement the funding of activities included in the FY 2014- 2015 Annual Action Plan. BE IT FURTHER RESOLVED that the City Council authorizes the submission of the FY 2014-2015 Annual Action Plan for the expenditure of said funds to the U.S. Department of Housing and Urban Development. BE IT FURTHER RESOLVED that City Manager is hereby authorized to execute in name of the City of National City the final submission of the Fiscal Year 2014-2015 Annual Action Plan, certifications, and agreements required by HUD for the full implementation of the activities funded under said Plan. ATTEST: PASSED and ADOPTED this 6th day of May, 2014. MiititjAji l R. Della, Ci Clerk OVED AS TO FORM: CI ZP:. Ga City Attorney Ron Mornson, ayor Exhibit A FY2014-2015 National City CD HUD FY2014 CDBG Entitlement: $774,566 CDBG Previous Year Reallocation: $72,646 CDBG Program Income: $15,944 Total CDBGAvailabte: $863,156 Applicant Name ps Program HUD FY2014 HOME Entitlement: $273,357 HOME Previous Year Reallocation: $0 City of National City, Housing, Grants, and Asset Management 10 South Bay Community Services 11 City of National City, Housing, Grants, and Asset Management Total, $ Allocation HOME Program Income: $321,738 Total HOME Avatlafi $585 195 Program Name National City Owner -Occupied Rehabilitation Program National City Tenant Based Rental Assistance Program (TBRA) HOME Program Administration Activity Allocation $162,633 $59,509 Passed and adopted by the Council of the City of National City, California, on May 6, 2014 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-58 of the City of National City, California, passed and adopted by the Council of said City on May 6, 2014. City the City of N iona CI rk of City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 6, 2014, AGENDA ITEM NO. 20 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the allocation of Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program entitlement funds appropriated for FY 2014- 2015, accrued program income, and funds remaining from completed projects to CDBG and HOME activities recommended for inclusion in the FY2014-2015 Annual Action Plan and authorizing the submission of said Plan to the United States Department of Housing and Urban Development. PREPARED BY: Angelita Marchante, Comm. Dev. Specialist e DEPARTMENT: using, Grants & Asset Mgmt PHONE: (619) 336-4219, APPROVED EXPLANATION: In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to prepare and submit an Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Department of Housing and Urban Development (HUD). The Fifth -Year Action Plan for FY 2014-15 outlines how the City intends to spend $774,566 in federal Community Development Block Grant (CDBG) and $273,357 in federal HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the funding sources noted above, the City will reprogram $15,944 in CDBG program income and $72,646 remaining from previously completed projects as well as reprogram $321,738 in HOME program income received. The second Public Hearing will be conducted at the regularly scheduled City Council meeting on May 6, 2014 to review public comments, received during a 30-day public review period from March 25, 2014 through April 23, 2014, on the draft FY2014-15 Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being proposed for FY2014-15. After all public comments have been considered at the Public Hearing on May 6, 2014, the City Council will .dopt the Fifth -Year Action Plan activities for submission to HUD before May 15, 2015. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City will receive an estimated $739,824 in CDBG and an estimated $238,956 in HOME Program funds for FY2013-14. In addition, the City will allocate to FY2014 HOME activities $67,834 of program income received in Fund 505. The City will also reprogram $112,623 of CDBG entitlement funds remaining from completed projects toward FY2014 CDBG activities. ENVIRONMENTAL REVIEW: Not applicable to this report. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution., BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: See Attachments under Public Hearing No. 2 of 2 for the 2013/2014 Annual Action Plan Item of the Agenda CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk October 15, 2014 Ms. Estela DeLosRios CSA San Diego County 131 Avocado Avenue El Cajon, CA 92020 Dear Ms. DeLosRios, On July 1st, 2014, an Agreement was entered between the City of National City and CSA San Diego County. We are enclosing for your records a fully executed original Agreement. Sincerely, Michael R. Dalla, CMC City Clerk Enclosure cc: Housing & Grants