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HomeMy WebLinkAbout2020 CON MAAC Project - COVID -19 Economic & Workforce Development3 a► -1-1 AGREEMENT BETWEEN CITY OF NATIONAL CITY AND METROPOLITAN AREA ADVISORY COMMITTEE ON ANTI -POVERTY OF SAN DIEGO COUNTY INC. DBA MAAC FOR ECONOMIC AND WORKFORCE DEVELOPMENT SERVICES THAGREEMENT FOR Economic and Workforce Development Services ("Agreement"), entered this ay of i , 2020 by and between the City of National City, a municipal corporation (herein called the "Grantee") and the Metropolitan Area Advisory Committee on Anti -Poverty of San Diego County Inc. DBA MAAC a California nonprofit corporation (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 (42 U.S.C. 5301 et. seq.); 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, Economic and Workforce Development 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 C.F.R. 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 more specific description of 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, Agreement suspension or termination procedures will be initiated by Grantee consistent with Paragraph VI (H) and (I). II. TIME OF PERFORMANCE Services of th Subrecipieent shall start once a Notice to Proceed is issued. The term of this contract is day of3 i , 2020 and end on the 30th day of June, 2021. The term of this Agreement and the provifons 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. Subrecipient must provide Grantee written notification of the final day on which it controlled CDBG funds (or other assets, including program income) if the term is so extended and subrecipient does not renew or execute a new CDBG agreement with Grantee. CDBG Program Agreement Page 1 of 15 City of National City 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 "A" and incorporated herein. Both the Grantee and the Subrecipient must approve any amendments to the Budget in writing as an amendment to this Agreement. IV. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed sixty-five thousand five hundred and fifty-six dollars ($65,556.00). Drawdowns for the payment of eligible expenses shall be made on a monthly basis (as described in Exhibit "A") 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 2 C.F.R. 200, et. seq., and, in particular, 2 C.F.R. 200.302. 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 pursuant to this Paragraph 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 Agreement shall be directed to the following representatives: Grantee Subrecipient Subrecipient Contact Person: Angelita Palma Contact Person: Arnulfo Manriquez Contact Person: Flora Barron Organization: City of National City Organization: MAAC Organization: MAAC Address: 140 East 12th Street, Suite B National City, CA 91950 Address: 1355 Third Avenue Chula Vista CA 91911 Address: 1355 Third Avenue Chula Vista CA 91911 Telephone: (619) 336-4219 Telephone: 619 426 3595 Telephone: 619-301-1411 Email: apalma@nationalcityca.gov Email: amanriquez@maacproject.org Email: fbarron@maacproject.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 C.F.R. 570.604 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 C.F.R. 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 Agreement. 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 CDBG Program Agreement Page 2 of 15 City of National City Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. C. Hold Harmless: The Subrecipient agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the Subrecipient's performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of Grantee, its agents, officers, employees or volunteers. Grantee will cooperate reasonably in the defense of any action, and Subrecipient shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 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 Labor 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"). The policy shall name the City of National City and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. 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 City's Risk Manager, at the address listed in subsection 8 below, 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 CDBG Program Agreement Page 3 of 15 City of National City 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. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 9. Insurance shall be written with only insurers authorized to conduct business in California 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 of 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. 12. If the Subrecipient maintains broader coverage or higher limits (or both) than the minimum limits shown above, Grantee requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the Subrecipient. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Grantee. 13. 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 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 2 C.F.R. 200.310, 2 C.F.R. 200.325-26, and 2 C.F.R. Part 200, Appendix II 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, approved and signed by a duly authorized representative of each organization 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. Suspension or Termination: In accordance with 2 C.F.R. Part 200, Appendix II(B)C.F.R., the Grantee may suspend or terminate this Agreement if the Subrecipient CDBG Program Agreement Page 4 of 15 City of National City 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 2 C.F.R. Part 200, Appendix II(B), 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 2 C.F.R. Part 200, Appendix II(B)C.F.R., 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 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 2 C.F.R. Part 200 et. seq., and, in particular, 2 C.F.R. 200.300-309 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 withC.F.R.2 C.F.R. Part 200, and, in particular, the "Cost Principles" described in Subpart E of Part 200. B. Documentation and Record Keeping 1. Records to be maintained: The Subrecipient shall maintain all records required by the Federal regulations specified in 24 C.F.R. 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; CDBG Program Agreement Page 5 of 15 City of National City 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 C.F.R. 570.502, and Subparts D, E, and F of 2 C.F.R. 200 ; and g. Other records necessary to document compliance with Subpart K of 24 C.F.R. 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 five (5) years or such longer period of time as the Grantee deems appropriate. 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 five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-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 Agreement 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 Agreement, 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: Consistent with Paragraph II above, the Subrecipient's obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall 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. Notwithstanding the foregoing, but consistent with Paragraph II above, 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 Agreement 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 2 C.F.R. 200. 7. Additional Documents: 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. CDBG Program Agreement Page 6 of 15 City of National City C. Reporting and Payment Procedures 1. Program Income: The Subrecipient shall report quarterly all program income (as defined at 24 C.F.R. 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 C.F.R. 570.504. By way of further limitations, the Subrecipient may use such income during the Agreement period for activities permitted under this Agreement 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 Agreement 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 Agreement for costs incurred by the Grantee on behalf of the Subrecipient. 4. Progress Reports: The Subrecipient shall submit quarterly 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. 2. OMB Standards: Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 2 C.F.R. 200.317-326. 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 C.F.R. Part 200 and 24 C.F.R. 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 C.F.R. 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 CDBG Program Agreement Page 7 of 15 City of National City 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(5) 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 ACQUISITION 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 C.F.R. Part 24 and 24 C.F.R. 570.606(b); (b) the requirements of 24 C.F.R. 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 C.F.R. 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 C.F.R. 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 Rights 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 as amended by Executive Order 12259, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 12086, and 42 U.S.C. 2000e. 2. Nondiscrimination: The Subrecipient agrees to comply with the non- discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 C.F.R. 570.607, as revised by Executive Order 13279 and later amended in Executive Order 13559. The applicable non- discrimination provisions in Section 109 of the HCDA are still applicable. 3. Land Covenants: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352, 42 U.S.C. 2000a) and 24 C.F.R. 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 Agreement, 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 CDBG Program Agreement Page 8 of 15 City of National City 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 Minority -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 Agreement. As used in this Agreement, 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. 5. Equal 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. 3701 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 CDBG Program Agreement Page 9 of 15 City of National City C.F.R. 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 Agreement, 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 C.F.R. 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 C.F.R. 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement 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 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. CDBG Program Agreement Page 10 of 15 City of National City 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 C.F.R. 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 Agreement 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 Agreement 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 Agreement 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. c. Content: The Subrecipient shall cause all of the provisions of this Agreement 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. (5 U.S.C. 1501 - 1508). 4. Conflict of Interest: The Subrecipient agrees to abide by the provisions of 2 C.F.R. 200.112, 200.318, and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct governing the actions of its officers, employees or agents engaged in the selection, award and administration of contracts supported by Federal funds. CDBG Program Agreement Page 11 of 15 City of National City b. No employee, officer or agent of the Subrecipient may 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. Lobbying: 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 of Lobbying Activities," 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 cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying 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. Copyright: If this Agreement 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 C.F.R. 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: CDBG Program Agreement Page 12 of 15 City of National City • Clean Air Act, 42 U.S.C. 7401, et seq., as amended; • Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 33 U.S.C. 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 (42 U.S.C. 7401 et. seq.) and Section 308 (33 U.S.C. 1251 et. seq.), and all regulations and guidelines issued thereunder; • Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. 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 C.F.R. 570.608, and 24 C.F.R. 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 (54 U.S.C. 100101 et. seq.) and the procedures set forth in 36 C.F.R. 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. 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 CDBG Program Agreement Page 13 of 15 City of National City 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. CDBG Program Agreement Page 14 of 15 City of National City ATTACHMENTS Exhibit A -Scope of Services and Budget Exhibit B-Board of Directors and Corporate Bylaws Exhibit C-Technical Assistance Materials Exhibit D-Affirmative Action Policy IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. City of National City By: Brad Raulsto City Mana APPROVED AS TO FORM: orris .nes ttorney .0tir L.) ATTEST /J By: Michael Dalla City Clerk CDBG Program Agreement City of National City MAAC, a California nonprofit corporation Arnulfo anriquez Presid:� t and Chief Execu ►R-' Officer y: Austin oye VicePresident and Chief Financial Officer Page 15 of 15 EXHIBIT A - Scope of Services Page 16 of 48 EXHIBIT A SCOPE OF SERVICES ECONOMIC AND WORKFORCE DEVELOPMENT SERVICES Subrecipient shall provide an Economic and Workforce Development Services Program in accordance with the U.S Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program regulations and CDBG Program Guidelines found on the City's website at www.nationalcityca.gov/CDBG-HOME. The CDBG Program is governed by Code of Federal Regulations (CFR) Title 24 Part 570. A. GOALS AND DELIVERABLES/OUTCOMES: Subrecipient shall accomplish the project described herein to meet the following: 1) Eligibility Citation: 24 CFR 570.201 (e) Public Service 2) National Objective: Low -moderate income limited clientele (24 CFR 570.208(a)(2)(i)(D)) 3) Consolidated Plan Goal: Provide Community and Supportive Services using CDBG-CV funds to prepare, prevent, and respond to COVID-19 4) Summary of Project goals and deliverables/outcomes: This narrative will be inserted into the Periodic Performance Report. Program/Project and Activities and Services: Our project, STEP (Striving Towards Economic Prosperity), offers five key components —activities and services: 1. Access to workforce training and online certificate programs, to best position individuals for job opportunities when the economy begins to rebuild after the immediacy of the health crisis ends. 2. Coaching to navigate evolving economic, health and social needs, which includes guidance about how to access emergency economic and health resources and available income supports; and updates about changing local, state and federal policies, such as the temporary suspension on evictions. 3. Information about companies currently hiring, and related coaching on job -applications, resume writing and interview readiness. 4. Assessment of current budgets and guidance about how to prioritize family bills and how to limit expenses, if possible. 5. Emergency funds, for example, the transportation costs to travel to an interview would be accommodated if needed. Through this project, 100 LMI National City residents will receive the individualized guidance and assistance that they need to economically recover from COVID-19 and the resulting economic downturn. Of the 100 served, 30 will be enrolled into MAAC's workforce development programs and thus be on a path to securing better paying jobs. By the end of August 2020: • Enroll 10 unemployed National City residents into MAAC's workforce development programs o Provide guidance and job placement assistance to those 10 National City residents (aforementioned) • Provide guidance and job placement assistance to 10 National City residents • Deliver 2 presentations on employment -related and economic recovery topics Page 17 of 48 Monthly Outcomes: 2 presentations, 20 residents served, 10 enrolled in MAAC's workforce development programs By the end of September 2020: • Provide guidance and job placement assistance to 20 more National City residents • Deliver 2 presentations on employment -related and economic recovery topics Monthly Outcomes: 2 presentations, 20 residents served By the end of October 2020: • Enroll 10 unemployed National City residents into MAAC's workforce development programs o Provide guidance and job placement assistance to 10 those National City residents (aforementioned) • Provide guidance and job placement assistance to 10 National City residents • Deliver 2 presentations on employment -related and economic recovery topics Monthly Outcomes: 2 presentations, 20 residents served, 10 enrolled in MAAC's workforce development programs By the end of November 2020: • Deliver 1 presentation on employment -related and economic recovery topics • Provide guidance and job placement assistance to 20 National City residents Monthly Outcomes: 1 presentation, 20 residents served By the end of December 2020: • Enroll 10 unemployed National City residents into MAAC's workforce development programs o Provide guidance and job placement assistance to 10 those National City residents (aforementioned) • Provide guidance and job placement assistance to 10 National City residents • Contribute to 1 hiring event in collaboration with partners Monthly Outcomes: 1 hiring event, 20 residents served, 10 enrolled in MAAC's workforce development programs 5) Project Reporting Requirements: Periodic Performance Reports are required each month with the December and final report due for the program in January. A narrative of the services provided, progress towards meeting the timeline goals, and performance measures are required. The narrative should include the number of National City clients served during the reporting period. Failure to submit reports in a timely manner will result in with holding of CDBG funds until the report has been submitted. Reports are required each month with the December and final report due for the program due in January. A narrative and performance measures are required. Reporting due dates (monthly) and no later than 5 days after the end of the month: August 31, 2020 September 30, 2020 October 31, 2020 November 30, 2020 December and final Report due January 8, 2021 6) Provide notification to Grantee of any audits or investigations including results, findings, and/or liens. Page 18 of 48 B. GENERAL AND SPECIFIC REQUIREMENTS: All activities performed under the agreement are subject to review and approval by the City of National City and the U.S. Department of Housing and Urban Development (HUD). 1) Estimated Time Schedule: Subrecipient will make all good faith and reasonable efforts to implement the project in compliance with the following estimated completion date, or earlier: By December 31, 2020 with a start date of beginning with a Notice to Proceed. 2) Estimated Budget: Subrecipient shall make all good faith and reasonable efforts to complete the work under this Agreement within the approved budget. Adjustments made to the budget using the CDBG must be stated in writing to the CDBG Program Administrator and kept on file. All CDBG funds should be billed monthly. Reimbursement requests should be sent by the 10T of each month. All funds should be expended by December 31, 2020. a) Project Operating Budget ("Exhibit A", "Table A") Attached b) Personnel Schedule ("Exhibit A", "Table B") Attached c) For the Project Operating Budget ("Exhibit A", "Table A") please list the supporting documentation that will be provided with each invoice. - Timesheet for Director of Economic Development (MAAC format) - Invoice/Timesheet for STEP Coordinator (Ultimate staffing format) 3) Expenditure Standard: To ensure effective administration and performance of approved CDBG projects and to meet HUD performance standards, Subrecipient shall demonstrate reasonable progress on implementation of the Project by expending all contracted funds pursuant to agreement terms. 4) Acknowledgement of Funding: Subrecipient shall identify the City of National City as the source of funding, or, if applicable, one of the sources of funding in public announcements that are made regarding the project. Acknowledgement of the City's funding role, for example, should be included in publicity materials related to the project. In addition, Subrecipient agrees that the CDBG Program Administrator shall be apprised of any special events linked to the project so that a review can be made on what role, if any, the City would assume. C. DATA COLLECTION AND REPORTING REQUIREMENTS 1) Data Collection: Subrecipient is responsible for collecting, maintaining and reporting income and ethnicity information for all persons/households served by the program. Contractor shall document all clients served to ensure that at least fifty-one percent (51%) of those served are at or below 80 percent of the Area Median Income as established by the U.S. Department of Housing and Urban Development (HUD). This information is to be collected, compiled and submitted to the City of National City on the dates listed above under Project Reporting Requirements. All program files are to be held for five (5) years. In addition, proof of supporting income verification documentation (third party verifications or source documents provided by beneficiaries) shall be submitted to the City of National City upon receipt of a written request, and at the time of any monitoring of project records. The City of National City or HUD will sample, monitor and validate the accuracy of the beneficiary certification reports. The CDBG Program Guidelines provides a sample form to assist the subrecipient in meeting this reporting requirement. Additional Reporting Requirements: Contractor shall submit to City of National City in a timely manner other reports as requested/required by HUD and/or the City including, but not limited to Page 19 of 48 the Contractor/Subcontractor: Semi -Annual Labor Standards Enforcement Reports, Annual Minority Business Enterprise Activity Reports, Section 3 Reports and provide, as requested by HUD and/or the City, information necessary to prepare the Consolidated Annual Performance and Evaluation Report (CAPER), Consolidated Plan, Annual Plan and other such reports and/or plans. 2) Report due dates are as follows: Report Reporting Period(s) Due to City Semi -Annual Labor Standards Enforcement Report- Form 4710 (if applicable) October 1st to March 31st April 1st to September 30th April 3rd October 3rd Minority Business Enterprise Activity Report- Form 2516 (if applicable) October 1st - September 30th October 10th Section 3 Report (if applicable) July 1st - June 30th August 24th CAPER Form(s) July 1st - June 30th July 10th 3) Contractor may be requested to provide additional data to the City in response to a county, state, or federal inquiry request. If this situation should arise, the subrecipient shall provide the City with the requested data. D. CONTACT INFORMATION Program Contact: Name: Flora Barron Title: Director of Economic Development Phone number: 619-301-1411 Email: fbarron@maacproject.org Office location/mailing address: 1355 Third Avenue, Chula Vista CA, 91911 Office Hours: 9 AM-5 PM Name: PENDING Title: STEP Coordinator Phone number: 619-426-3595 x 1295 Email: PENDING Office location/mailing address: 1703 Hoover Avenue Suite B, National City, CA 91950 Office Hours: 9 AM-5 PM All Project related questions and notifications regarding the CDBG-CV Program may be directed to the CDBG Program Administrator at the City of National City. Angelita Palma National City Housing Authority (619) 336-4219 (direct) apalma@nationalcityca.gov Office location/mailing address: 140 E 12th Street, Suite B, National City, CA 91950 Open M -TH 7am-6pm (Closed Fridays) Page 20 of 48 TABLE "A" - Budget PROJECT TITLE: ECONOMIC AND WORKFORCE DEVELOPMENT SERVICES Note: CDBG paid expenditures must be documented with receipts and/or invoices that verify the expense was incurred, as well as check copies and bank statements to verify the invoice was actually paid. To minimize the amount of documentation, we strongly suggest the CDBG dollars be used to pay for only a few program costs and not spread out over several line items. If CDBG funds are requested to pay for Personnel Services (salaries), Table B must be completed to detail the costs for the positions to be funded, and documentation will include payroll records. Budget Categories Total Project Cost Estimates Sources of Funds (please specify) CDBG Funds Applicant's Funds 1.Private Foundation 2.UnidosUS 3.Resident Services Amount Status* Amount Status* Amount Status* Amount Status* Amount Status* Personnel Costs $209,000 $50,000 P $159,000 C $65,000 C $30,000 C $64,000 C Fringe Benefits $60,959 $9,759 P $51,200 C $20,800 C $9,600 C $20,800 C Professional Services $22,000 $22,000 C $22,000 C Rent / Utilities $27,500 $27,500 C $12,500 C $15,000 C Telephone $2,000 $2,000 C $1,000 C $1,000 C Travel/Mileage $3,600 P $3,600 C $2,000 C $1,000 C $600 C Other: Consumable Office Supplies $3,000 P $3,000 C $3,000 C Other: Participant Costs $84,000 $84,000 C $84,000 C Other. Indirect (9.7%) $39,970 $5,797 P $34,173 C $17,974 C $6,363 C $9,836 C Other. Totals: $452,029 $65,556 $386,473 $203,274 $71,963 $111,236 Total Project Costs: $452,02$ `C=committed funds; P=application submitted -decision pending; N=funds not yet requested from this source Page 21 of 48 P TABLE B — Personnel Schedule (Required only if CDBG funds are proposed to be used to fund personnel/salaries) ROJECT TITLE ECONOMIC AND WORKFORCE DEVELOPMENT SERVICES This personnel schedule must be completed for CDBG funding for Personnel Services costs. Only information on salaried positions should be included on this schedule. Do not include fringe benefits costs on this schedule. Employee Name/ Position Title Percentage of job time the position spends on the program' CBDG Funded Other Funds (Specify) Total Salary Amount Flora Barron/Director of Economic Development 55% for one year $20,000 $35,000 paid for with Resident Services Funds $55,000 TBD/STEP Coordinator 100% for one year $30,000 $29,000 paid for with Resident Services Funds $59,000 Valerie Hash/Program Manager for Connect 2 Success and Latinos in Finance 100% for one year $0 $60,000 paid for by Unidos US and private foundation funding $60,000 Noral del Toro/Case Manager of Connect 2 Success 100% for one year $0 $35,000 paid for with private foundation funding $35,000 TOTALS: $50,000 $159,000 $209,000 NOTE: THE TOTAL MUST BE THE SAME AS THE SALARIES AMOUNT LISTED ON TABLE A. Out of 100%, how much of the position funded is spent on the CDBG funded program. Page 22 of 48 EXHIBIT B — Board of Directors and Bylaws Page 23 of 48 MA&AC since 1965 BOARD OF DIRECTORS 2020 Administrative Offices 1355 Third Avenue Vista. CA 91911 Chula (619) 426-3595 Child Development 800 W. Los Vallecitos Boulevard San Marcos, CA 92069 (760) 471-4210 www.maacproject.org Jesse Q. Allen I Board Chair for MAAC I Senior Vice President of National Field Sales, American Advisors Group — Term Expires 9-2020 (third term) Rodrigo Guevara I Vice Chair I Founder and Chief Executive Officer, Abogato LLP — Term Expires 9-2021 (second term) Gustavo Perez I Board Treasurer I Managing Director, Ernst & Young LLP — Term Expires 9-2021 (first term) Darjene Graham -Perez I Secretary I Director, Sea Kindergarten & Preschool — Term Expires 9-2020 (second term) Carlos Solorzano, Community Volunteer and Parent Policy Council Board Representative — Term Expires 12-2020 (first term) John Munoz, Sales Executive, Gartner — Term Expires 9-2022 (second term) Patricia Prado-Olmos, Vice President of Community Engagement, California State University, San Marcos — Term Expires 9-2022 (first term) Shreya Sasaki, Chief Operating Officer, Mission Driven Finance — Term Expires 9-2021 (first term) Jeffrey Dziedzic, Chief Operating Officer, Aetna Better Health of California — Term Expires 9-2022 (first term) Vanessa Cadena, Vice President, Relationship Branch Manager, Opus Bank — Term Expires 9-2022 (first term) Maximizing self-sufficiency with families and individuals through high -quality programs & advocacy in our communities. Page 24 of 48 1141 M AkC EIGHTH AMENDED BY-LAWS OF THE METROPOLITAN AREA ADVISORY COMMITTEE ON ANTI -POVERTY OF SAN DIEGO COUNTY, INC. ADOPTED: 12/12/2019 Page 25 of 48 TABLE OF CONTENTS Page ARTICLE 1. CORPORATION 3 ARTICLE I1. PURPOSE AND MISSION 3 ARTICLE III. NO MEMBERS 3 ARTICLE IV. BOARD OF DIRECTORS 3 ARTICLE V. MEETINGS - BOARD OF DIRECTORS 8 ARTICLE VI. COMMITTEES 10 ARTICLE VI!. OFFICERS 12 ARTICLE VIII. PRESIDENT/CEO 14 ARTICLE IX. DUTY OF CARE 14 ARTICLE X. CORPORATE RECORDS 16 ARTICLE XI. ANNUAL REPORT 16 ARTICLE XII. GENERAL PROVISIONS 17 Page 26 of 48 EIGHTH AMENDED BY-LAWS OF THE METROPOLITAN AREA ADVISORY COMMITTEE ON ANTI -POVERTY OF SAN DIEGO COUNTY, INC. ARTICLE I. CORPORATION Section 1: The Corporation shall be known as the Metropolitan Area Advisory Committee on Anti -Poverty of San Diego County, Incorporated, hereafter, "MAAC." Section 2: The Corporation's principal office shall be at 1355 Third Avenue, Chula Vista, CA 91911, until such time as the Board of Directors authorizes change in the location of the principal offices. Section 3: The Corporation shall be a private, non -partisan, tax-exempt Corporation formed under the General Nonprofit Corporation law of the State of California for the charitable and educational purposes described herein. Section 4: The Corporation shall have all powers conferred upon nonprofit corporations by the laws of the State of California and necessary or expedient for administering its affairs and attaining its purposes provided, however, that it shall not engage in any activities not pennitted to be carried on by corporation exempt under Section 501(c)(3) of the Internal Revenue Code. ARTICLE II. PURPOSE AND MISSION The primary purpose of the Board of Directors is to provide legal and fiduciary oversight of the Corporation. The Corporation's mission is to maximize self-sufficiency with families and individuals through high -quality programs and advocacy in our communities. ARTICLE III. NO MEMBERS MAAC shall not have members or be considered a membership Corporation. All rights or obligations that would otherwise be assigned to members under the law shall be assigned to the Board of Directors. ARTICLE IV. BOARD OF DIRECTORS Section 1: Primary Purpose The primary purpose of the Board of Directors is to provide legal and fiduciary, oversight of the Corporation in support of its mission. Section 2: Number of Directors The Board of Directors shall consist of not less than ten (10) and no more than nineteen (19) Directors. 8T H Amended By -Laws 12/2019 Page 3 of 18 Page 27 of 48 Section 3: Petition Process Any individual desiring to serve on the MAAC Board of Directors may petition to become a Director. Such requests must be in writing and submitted to the Board Chairperson. Upon receiving the request, the Chairperson shall refer the request to an Ad Hoc Committee consisting of current directors of the board to consider the request and present its recommendations to the Board of Directors at a future meeting. Section 4: Representation Criteria Each Director may be counted toward the geographic representation requirements or other required categories established by the Board of Directors. While the composition of the Board of Directors need not perfectly meet the criteria below, the Directors shall make reasonable efforts to meet the following: a) Geographic Representation Whenever possible, composition of the Board of Directors is encouraged to be representative of the geographically distinct communities served by MAAC throughout San Diego County. b) Diversity Whenever possible, the Board of Directors shall reflect the diverse community serve by MAAC including, but not limited to, socio-economic status, ethnicity, and gender. c) Representation Independent of Source The Board of Directors should include not less than one (1) licensed attorney, not less than one (I) fiscal expert, and not less than one (1) early childhood education and development expert. If any of these three required Directors are not available, the board shall use a consultant. The additional Directors may be selected for their abilities to provide the corporation with access to resources, including knowledge and skill that will assist the corporation to achieve its purposes. Section 5: Quorum A quorum shall be a majority of the total number of duly elected Directors serving on the Board of Directors. Section 6: Election of Directors Directors shall be elected by a majority vote of the Board of Directors present and voting at the time of the annual meeting or other meeting of the Board of Directors, if properly notices pursuant to these By -Laws. All vacancies may be 8TH Amended By -Laws 12/2019 Page 4 of 18 Page 28 of 48 • filled by a majority of the Directors then in office, whether or not the number of Directors then in office is less than a quorum. Section 7: Terms of Office Directors shall be elected for a three-year term. Directors shall serve no more than three (3) full, consecutive terms or a total of nine (9) consecutive years. The first term is considered to have begun on September 30, following an individual being voted onto the MAAC Board of Directors and continue for a period of three (3) years. The Directors shall be divided into three groups as equal in number as possible. Each year, the terms of one group of Directors shall expire, such that the Directors serve staggered terms and one-third of the Directors' position are subject to reelection. Section 8: Vacancies A vacancy on the Board of Directors shall occur under any of the following circumstances: a) Resignation Any director may resign upon written notice to the Chairperson of the Board of Directors or the President/CEO. b) Death c) Removal The removal of any Director from the Board of Directors, with or without cause, must be approved by a majority of all Directors in office at the time of the vote, whether or not the number of Directors then in office is less than a quorum. Pursuant to California Corporations Code section 5221, removal for caused may occur in the event a Director has been declared of unsound mind by a final order of court or convicted of a felony or been found, by a final order of judgement of any court, to have breached any duty set forth under Article 3 (commencing with Section 5230 of the Califomia Corporation Code) or for unexecuted absences as more specifically defined in these By -Laws. Pursuant to California Corporation Code section 5222, removal of any or all Director s without cause may occur in the event such removal is approved by a majority of Directors then in office. 8TH Amended By -Laws 12/2019 Page 5 of 18 Page 29 of 48 d) Failure to Attend An attendance roster for all meeting of the Board of Directors shall be maintained by the board secretary or designated staff person. Accumulation of three (3) absences in a calendar year from meetings of the Board of Directors by any Director shall constitute grounds for termination. If a Director is removed pursuant to this section, the Director shall be notified prior to the next regular meeting. Section 9: Leave of Absence The Board of Directors may approve a leave of absence to a Director for up to twelve (12) consecutive months. A leave of absence shall not constitute a vacancy on the Board of Directors for purposes of meeting the minimum number of Directors. The quorum shall not be calculated as though the Director was present. The Director on a leave of absence shall forfeit their rights as a Director including voting. Good cause shall be defined by resolution adopted by the Board of Directors. In the event the Director does not return within the timeframe of their approved leave of absence, said director shall be automatically removed from the Board of Directors. Section 10: Duties and Responsibilities The duties of the Board of Directors shall consist of, but are not limited to, the following: a) Determine, and periodically review the mission and purpose of the Corporation. b) Compose the job description, recruit, select, and approve the compensation for the President/CEO. c) Support and evaluate the President/CEO. The Board of Directors shall ensure that the President/CEO has the moral and professional support she or he needs to further the goals of the Corporation. d) Provide oversight of financial controls, including the development and approval of annual budget. e) Ensure adequate resources are available for the Corporation to fulfill its mission. f) Maintain legal, fiduciary, ethical integrity and ensure accountability. g) Facilitate effective organizational planning by participating in the development and implementation of the strategic plan. 8TH Amended By -Laws 12/2019 Page 6 of 18 Page 30 of 48 .) h) Articulate prerequisites for penitential Directors, recruit and orient new Directors, and periodically and comprehensively evaluate their own performance and effectiveness. i) Enhance the Corporation's public standing by clearly articulating the Corporation's mission, accomplishments, and goals to the public. Monitor and strengthen the Corporation's program and services. Determine which programs are consistent with the Corporation's mission and monitor their effectiveness. k) The Board of Directors will honor and enforce any requirements that are explicit within the current and active grants and contracts held at any time by the Corporation. Section 11: Conflict of Interest A Director shall (1) not have a financial conflict with the Corporation, as defined by the Corporation's Conflict of Interest policy; (2) not receive compensation for serving on the Board of Directors; (3) and not be employed by the Corporation or otherwise be an "interested person" as defined in California Corporations Code Section 5227(b). Any questions of a potential conflict of interest by a Director with respect to non - charter school activities shall be reviewed pursuant to the Corporation's Conflict of Interest policy and Directors shall be held to that policy. If a conflict of interest under the Political Reform Act exists and relates to the Corporation's operation of a public charter school, the Director shall refrain from participating in the decision in any way (i.e. the individual with the disqualifying interest shall refrain from discussing the matter, making any decision on the matter, or influencing or attempting to influence the decision on the matter in any way). A director or officer with a disqualifying interest shall not be counted toward achieving a quorum for the decision on the matter. In addition, if a Board member has a conflict of interest that involves a contract under Government Code Section 1090 and relates to the Corporation's operation of a public charter school, the Corporation is prohibited from entering into the contract altogether, unless a "remote interest" exception under Section 1091 or a "non -interest" exception under Section 1091.5 applies. If an employee has a conflict of interest that involves a contract under Section 1090 and it relates to the Corporation's operation of a public charter school, as long as the employee plays no role whatsoever in the contracting process, the Corporation is not prohibited from entering into the contract. An employee shall not be deemed to have a conflict of interest in a contract if a "non -interest" exception under Section 1091.5 applies. 8TH Amended By -Laws 12/2019 Page7of18 Page 31 of 48 Section 12: Whistleblower Policy The Board of Director s is responsible for the oversight of the Corporation's Whistleblower Policy, including reports generated from the Corporation's Anonymous Reporting Hotline, pursuant to the criteria and process set forth in that policy. Section 1: Section 2: ARTICLE V. MEETINGS - BOARD OF DIRECTORS Board meetings shall be held at least quarterly. All Board meetings shall be open to the public, and at the Board's discretion, it may designate a part of the agenda as a "closed session." Board meetings with respect to the Corporation's operation of a charter school shall be called, held, and conducted in accordance with the Ralph M. Brown Act (Government Code Sections 54950 et seq.) ("Brown Act") and the Charter Schools Act, including Education Code Section 47604.1 . All meetings of the Board of Directors shall be held at the principal office of the Corporation or, with proper written notice pursuant to these By -Laws, at any other place within the County of San Diego, which may be designated by the Board of Directors. In accordance with the Charter Schools Act, a two-way telephone conference location shall be established at each school site for meetings of the Board related to the operation of a charter school. Section 3: An annual meeting of the Directors shall be held at a time and location designated by the Board. The purpose of the meeting will be to elect officers of the Corporation and for the transaction of such other business as may come before the meeting. A written notice of each annual meeting shall be given to each Director by electronic mail at his/her last known address. All such notices shall be sent to each Director not less than ten (10) days before each annual meeting and shall specify the place, day, and hour of such meeting. Notice of regular Board meetings with respect to the Corporation's operation of a charter school shall be posted seventy-two (72) hours prior to the meeting in a location that is freely accessible to members of the public and on the charter school's website. The notice shall contain a brief general description of each item of business to be transacted or discussed at the meeting. Section 4: Except for action taken by the Executive Committee in the absence of the Board, no action may be taken by the Board without a duly constituted quorum. Section 5: Special meetings of the Board of Directors may be called at any time by the Chairperson, the President/CEO or three (3) Directors of the Board. Notice for Special Meetings of the Board of Directors will be conducted pursuant to these By -Laws — Article IX Section 4. 8TH Amended By -Laws 12/2019 Page 8 of 18 Page 32 of 48 Section 6: Notice of special Board meetings with respect to the Corporation's operation of a charter school shall be provided at least twenty-four (24) hours prior to the time of the meeting. Agendas for such special meetings must be posted at least twenty- four (24) hours prior to the meeting in a location that is freely accessible to members of the public and on the charter school's websitc. Notice of each regular Board meeting, giving time, place and agenda shall be distributed via postal and/or electronic mail and pursuant to these By -Laws — Article IX Section 4. Section 7: Written minutes shall be kept of each Board meeting and shall be on file and made available upon request, except for closed session meetings. Section 8: There shall be no proxy. Directors may participate in a meeting through the use of conference telephone or similar communications equipment, so long as all directors participating in such meeting can hear one another and the result of any action taken can be clearly recorded. Participation in a meeting pursuant to this section constitutes presence in person at such meeting. Participation in a meeting through use of electronic transmission by and to the Corporation, other than conference telephone or similar communications equipment, constitutes presence in person at such meeting if each Director participating in the meeting can communicate with all of the other Directors present at the meeting concurrently, and each Director is provided the means of participating in all matters before the Board, including, without limitation, the capacity to propose, or to interpose an objection to, a specific action to be taken by the Corporation. Directors may participate by teleconference in a Board meeting with respect to the Corporation's operation of a charter school in compliance with Brown Act Section 54953(b) and the Charter Schools Act, including without limitation the following: (a) At a minimum, a quorum of the members of the Board shall participate in the teleconference meeting from locations within San Diego County; (b) All votes taken during a teleconference meeting shall be by roll call; (c) If the Board elects to use teleconferencing, it shall post agendas at all teleconference locations with each teleconference location being identified in the notice and agenda of the meeting; (d) All locations where a member of the Board participates in a meeting via teleconference must be fully accessible to members of the public and shall be listed on the agenda; (e) Members of the public must be able to hear what is said during the meeting and shall be provided with an opportunity to address the Board directly at each teleconference location; and 8TH Amended By -Laws 12/2019 Page 9 of 18 Page 33 of 48 Section 9: (f) Members of the public attending a meeting conducted via teleconference need not give their name when entering the conference call. An action required or permitted to be taken by the Board with respect to non - charter school activities may be taken without a meeting if all Directors individually or collectively consent in writing or electronically to that action and if the number of Directors then in office constitutes a quorum. The written consent or consents shall be filed with the minutes of the proceedings of the Board. The action by written consent shall have the same force and effect as a unanimous vote of the Di rectors. For purposes of this Section, Directors shall not include an "interested director" as defined in Section 5233 of the California Corporations Code, or a "common director" as described in Section 5234 of the California Corporations Code. ARTICLE VI. COMMITTEES Section 1: The Chairperson shall appoint all board members to participate on standing, advisory, and or ad hoc committees. Each committee, other than the Executive Committee, shall consist of two or more Directors. Accumulation of three (3) absences in a calendar year from committee meetings of the Board by any Director shall constitute grounds for termination. If a Director is removed pursuant to this section, the Director shall be notified prior to the next regular meeting. The following committees shall be required standing committees: Executive Committee, Finance Committee, Audit & Compliance Committee, Development Committee, and Human Resources Committee. a) Executive Committee i. The Chairperson, Vice -Chairperson, Secretary and Treasurer shall constitute the Executive Committee. ii. The Executive Committee shall have the authority to exercise board power between meetings subject to the limitations of the law, including compliance with the Brown Act with respect to the Corporation's operation of a charter school. Among other activities, the Executive Committee oversees operations of the Board, conducts and approves the evaluation of the President/CEO, and presents its acts for full Board review. b) Finance Committee The Treasurer is chair of the Finance Committee, which includes other Board Directors. The Chair of the Audit & Compliance Committee shall not serve as a voting member of the Finance Committee. The Finance Committee shall review and advise the Board regarding all fiscal policies and procedures, annual budget, and all housing and real estate 8T11 Amended By -Laws 12/2019 Page 10 of 18 Page 34 of 48 Section 2: transactions. Reports are required to be submitted to the Board showing budget versus actual income and expenditures no less frequently than once per quarter. Additional financial information may be submitted to the Board if necessary or required by regulations. c) Audit & Compliance Committee The Audit & Compliance Committee shall assist the Board of Directors with the oversight of: (a) the integrity of the organization's financial statements; (b) the organization's compliance with legal and regulatory requirements; (c) the independent auditors' qualifications and independence; (d) the organization's internal audit and compliance function and that of the independent auditors; (e) the organization's conflict of interest policies. d) Development Committee Development Committee shall set the vision for and lead the Board of Directors in the fundraising process, including efforts that attract support needed to deliver MAAC's mission. e) Human Resources Committee The Human Resources Committee shall guide the development of human resources policies and procedures and assist the President/CEO with leadership methodologies ensuring that the day-to-day management of Human Resources and Employee Relations is left to the President/CEO, the Human Resources department, department heads, managers and supervisors. In alignment with MAAC's Strategic Plan, the Human Resources Committee provides guidance an assists the agency to develop and maintain a modem, progressive Corporation with sound human resources policies, utilizing best practices and ensuring that all employment actions are conducted fairly, without discrimination and in accordance with federal and state, local employment laws, court decisions and all agency grant requirements. The Human Resources Committee reviews and/or recommends new and/or changes to Human Resources policies and practices within the agency including reviewing job descriptions, diversity efforts, employee training, evaluation and development programs, recruitment, selection, labor contract negotiations, and compensation/benefits. A quorum of a standing committee shall be a majority of the total number of duly elected Directors serving on the committee. All recommendations of standing committees of the Board must be authorized by a quorum of said committee. 8TH Amended By -Laws 12/2019 Page 11 of 18 Page 35 of 48 Section 3: The Board of Directors may establish such other standing, ad hoc, or advisory committees as may be necessary. Non -committee members may be present as advisor of the committee and may give input. Advisors shall have no voting privileges on committee matters. Section 4: Meetings of committees related to the operation of a charter school shall be conducted in accordance with the Brown Act and the Charter Schools Act requirements as set forth in Article V. ARTICLE VII. OFFICERS Section 1: A Chairperson, Vice -Chairperson, Secretary and Treasurer shall be elected every two years by the Board of Directors at the annual meeting. Section 2: The duties of the officers are as follows: a) Chairperson The Chairperson shall, subject to the control of the Board of Directors, generally supervise, direct and control the business and the officers of the Corporation. These duties shall consist of, but arc not limited to the following: i. Shall preside at all meetings of the Board of Directors and Executive Committee. ii. May be a participant in all committees. iii. Shall work in partnership with the President/CEO to ensure all Board resolutions are carried out. iv. Shall assist President/CEO in preparing an agenda for board meetings. v. Shall act as an alternate spokesperson for the Corporation. vi. Shall appoint all committee chairs and with the President/CEO, recommend who will serve on committees. vii. Have such other powers and duties as may be prescribed by the Board of Directors or the By -Laws. b) Vice -Chairperson In the absence or disability of the Chairperson, the Vice -Chairperson shall perform all the duties of the Chairperson and in so acting, shall have all the powers of the Chairperson. 8Th Amended By -Laws 12/2019 Page 12 of 18 Page 36 of 48 The Vice -Chairperson shall have such other powers and perform such other duties as from time to time may be prescribed for them respectively by the Board of Directors or the Chairperson of the Board. c) Secretary The Secretary shall: Keep or cause to be kept, a book of minutes of all meetings and actions of the Board of Directors and committees of the Board, with the time and place of holding, whether regular or special. If a meeting is designated as "special", a record of how authorized for such special notice, the names of Directors present at such meetings, and the proceedings of such meetings. ii. Keep, or cause to be kept at the principal executive office, a record of the Corporation's Directors, showing the names of all Directors and their addresses and the year of initial election to serve on the Board. iii. Give or cause to be given notice of all meetings of the Board of Directors require by the By -Laws. iv. Have such other powers and perform such other duties as may be prescribed by this Board of Directors or the By -Laws. d) Treasurer The Treasurer shall: i. Ensure that all accounts and securities of the Corporation are audited annually. ii. Ensure that adequate and correct accounts of the Corporation's properties and business transactions including account of its assets, liabilities, receipts, disbursements, gains, loses, are kept and maintained. iii. Ensure that the monthly fiscal reports of the operations of the Corporation are made available to the Board of Directors, at least quarterly. iv. Be one of the authorized signatories of checks, as needed. v. In general, perform all duties incident to the office of the Treasurer and such other duties that may be required by law or these By- 8TH Amended By -Laws 12/2019 Page 13 of 18 Page 37 of 48 Section 1: Laws, or which may be assigned to the Treasurer from time to time by the Board of Directors. ARTICLE VIII. PRESIDENT/CEO The Board of Directors shall employ a President/CEO who shall be the Chief Executive Officer of the Corporation. Any action to hire or terminate the President/CEO must be a 2/3 vote of active Directors. Section 2: The President/CEO shall carry out the purpose of the Corporation and be responsible for executing the policies and decisions approved by the Board of Directors, consistent with the By -Laws. Section 3: In accordance with Human Resources Policies/Procedures and grant or contractual requirements, the President/CEO shall have the authority to employ and discharge all paid personnel of the Corporation. Section 4: The President/CEO may enter into agreements on behalf of the Corporation up to an amount determined annual by a vote of the Board of Directors. ARTICLE IX. DUTY OF CARE Section 1: General A Director shall perform his or her duties, in good faith, in a manner the Director believes to be in the best interest of the Corporation, and with such care and reasonable inquiry, as an ordinarily prudent person in a like situation would use under similar circumstances. In performing these duties, and provided that the Director acts in good faith, after reasonable inquiry, without knowledge that would cause reliance to be unwarranted, the Director may rely on information, opinions, reports, or statements, including financial statements and other financial data, prepared or presented by: a) One or more Officers or employees of the Corporation whom the Director believes to be reliable and competent in the matters presented; b) Counsel, independent accountants, or other person regarding matters that the Director believes to be within such person's professional or expert competence; or c) A committee of the Board upon which the Director does not serve, regarding matters within the committee's designated authority, when the Director believes that the committee merits confidence. A person who performs the duties of Director in acoordance with the provisions of this section and applicable California law shall not be liable for any failure or alleged failure to discharge the obligations of Director, including, but not 8TH Amended By -Laws 12/2019 Page 14 of 18 Page 38 of 48 limited to, any actions or omissions that exceed or defeat a public or charitable purpose to which the Corporation or its assets are dedicated. Section 2: Loans The Corporation shall not make loans of corporate assets to, or guarantee the obligation of, any Director or Officer of the Corporation. Section 3: Indemnification To the fullest extent permitted by law, the corporation shall indemnify its current and former Directors, Officers, employees, and agents, and the heirs, executors, and administrators of such persons, against all expenses (including attorney's fees and disbursement), judgment, fines, settlements, and other amounts actually and reasonably incurred by them in connection with any action, suit, or proceeding, including an action by or in the right of the Corporation. Such right of indemnification shall not exclude, abridge, or displace any other rights to which that person may be entitled. The Corporation shall purchase and maintain insurance to the full extent permitted by law on behalf of its Directors, Officers, employees, and agents against any liability asserted against or incurred by such persons in such capacity or arising out of the person's status as such. Section 4: Notice and Waiver of Notice Regular meetings of the Board may be held without notice if the time and place of the meetings are fixed by an amendment to these By -Laws or by the Board pursuant to resolution, except that all meetings of the Board with respect to the Corporation's operation of a charter school shall comply with the requirements of the Brown Act. Special Meetings, or any change to a regularly scheduled Board meeting or annual meeting of the Board, shall be held upon four days' notice by first class mail or 48 hours' notice delivered personally or by telephone, including voice messaging system or by electronic transmission by the Corporation, and notice of meetings of the Board with respect to the Corporation's operation of a charter school shall comply with the requirements of the Brown Act. Whenever any notice is required to be given under the provisions of the Nonprofit Corporation Act of California, a waiver of notice signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. 8TH Amended By -Laws 12/2019 Page 15 of 18 Page 39 of 48 Alt"I"ICLE X. CORPORATE RECORDS Section 1: 1aintenance and Inspection of Articles and By -Laws The Corporation shall keep its Corporate Articles and By -Laws at its principal office, including the original or copy of its Articles of Incorporation and By -Laws as amended to date, which shall be available for inspection by the Directors at all reasonable times during office hours. Section 2: Maintenance and Inspection of Other Corporate Records Section 1: The accounting books, records, and minutes of proceedings of the Board of Directors and any of its committees of the Corporation shall be kept at such place or places designated by the Board of Directors or in the absence of such designation, at the principal executive office of the corporation. The minutes shall be kept in written and electronic form. The accounting books and records shall be kept either in written or electronic, typed or printed form or in any other form capable of being converted into written, electronic, or printed form. The above documents shall be available for inspection by the Directors at all reasonable times during office hours. Upon leaving the Corporation, each Director, Officer, employee, or agent of the Corporation shall turn over to his or her successor, the Chairperson of the Board, or President/CEO, in good order, such corporate funds, books, minutes, lists, documents, contracts or other property of the Corporation that were in custody of such Director, Officer, employee, or agent during his or her term of office. ARTICLE XL ANNUAL REPORT The Corporation shall provide to the Board of Directors, within a reasonable timeframe after the close of the fiscal year, a report containing the following information in appropriate detail: a) The Corporation's assets and liabilities, including trust funds, at the end of the fiscal year; b) The principal changes in the Corporation's assets and liabilities, including trust funds, during the fiscal year; and c) The Corporation's revenue and receipts for both unrestricted and restricted purposes during the fiscal year. Section 2: The report shall be accompanied by any pertinent report of independent accountants, or if there is no such report, the certificate of an authorized Officer of the corporation that the report was prepared from the books and records of the corporation without an audit. 8TH Amended By -Laws 12/2019 Page 16 of 18 Page 40 of 48 ARTICLE XII. GENERAL PROVISIONS Section 1: Fiscal Year The fiscal year of the Corporation shall be January 1 through December 31. The Board of Directors may change the Corporation's fiscal year by resolution, without amending the Corporation's By -Laws. Section 2: Corporate Seal The Corporation's seal shall bear the name of the Corporation and appropriate words and or symbols showing its State of Incorporation (California) and it's year of incorporation, 1965. The Board of Directors may adopt, make, and use a corporate seal and alter the form of the seal and certificate. Section 3: Subsidiaries Unless approved by the Board of Directors otherwise and/or in the absence of By - Laws or corporate policies, including personnel, conflict of interest, and whistle - blower, specific to any corporate affiliate or subsidiary of the Corporation, these By -Laws and corporate policies referenced herein shall govern the operation of the Board of Directors of those affiliates and subsidiaries. The officers for all MAAC Subsidiaries shall be as follows: a) Chief Executive Officer - President & CEO of MAAC b) Chief Financial Officer — Chief Financial Officer of MAAC c) Secretary -Secretary of the MAAC Board of Directors Section 4: Construction and Definitions Unless the context otherwise requires, the general provisions, rules of construction, and definitions in the General Nonprofit Corporation Law of the State of California shall govern the construction of these By -Laws. ! f a competent court of law finds any portion of these By- Laws invalid or inoperative, then so far as is reasonable and possible, (i) the remainder of these By -Laws shall be considered valid and operative, and (ii) effect shall be given to the remainder of these By -Laws according to the intent manifested by the portion deemed invalid or inoperative. Section 5: Amendments These By -Laws may be adopted, amended, or repealed by a majority vote of the Directors. Adoption, amendment, or repeal of these By -Laws may be done only at a meeting duly called and held by the Board of Directors for which written notice is given in accordance with these By -Laws. This notice must set for the proposed 8TH Amended By -Laws 12/2019 Page 17 of 18 Page 41 of 48 changes to these By -Laws. The Board shall be responsible for reviewing and inspecting these By -Laws periodically and making revisions as appropriate. Additionally, amendments must be in conformity with the Corporation's tax- exempt purposes and the Internal Revenue Code in effect at the time of the amendment. CERTIFICATE OF SECRETARY I, Da+jt, ir�'i" nll y certify that I am the Secretary of the Metropolitan Area Advisory Committee on Anti -Poverty of San Diego County, Incorporated (MAAC), and that these are the amended By -Laws of the Corporation adopted by the Board of Directors on December 12, 2019, and that these By -Laws have not been amended or modified since that date. ,s0eL4).r/y(G )/tJt.Irt �/ QQ , Board Secrc�(ary , 2a-e nvt?Q-r /Zi L O/ 9 Date: Executed at: Chula Vista, California 8TH Amended By -Laws 12/2019 Page 18 of 18 Page 42 of 48 EXHIBIT C - TECHNICAL ASSISTANCE MATERIALS Page 43 of 48 EXHIBIT C TECHNICAL ASSISTANCE MATERIALS 1. Playing by the Rules, A Handbook for CDBG Sub -recipients on Administrative Systems https://www.hudexchange.info/resource/687/playing-by-the-rules-a-handbook-for- cdbq-subrecipients-on-administrative-systems/ 2. Code of Federal Regulations (CFR) CDBG Section Title 24 Part 570 https://www.hudexchange.info/resource/3689/24-cfr-part-570-cdbq/ 3. 2 CFR 200 Office of Budget Management Cost Principals for Non -Profit Organizations and Audits of States, Local Governments and Non -Profit Organizations https://www.govinfo.gov/content/pkq/CFR-2014-title2-volt/pdf/CFR-2014- title2-volt-part200.pdf 4. CDBG Program Guidelines can be found at www.nationalcityca.gov/cdbq-home. The manual includes: Quarterly/Annual Performance Reporting Form a Performance Monitoring Checklist b Expenditure Reimbursement Claim Form c Expense Reimbursement Claim Form for Labor & Fringe Benefits d Sample Qualifying Beneficiary Intake Data Form e Authorized Signature Page 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/communitydevelopment/programs/entitlement Page 44 of 48 EXHIBIT D - AFFIRMATIVE ACTION POLICY Page 45 of 48 EXHIBIT D 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: Page 46 of 48 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. Page 47 of 48 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. g. 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 seq.) 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. Page 48 of 48 MAACPRO-01 RBRISTOL A` ORO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 7/9/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0C32169 Rancho Mesa Insurance Services, Inc. 250 Riverview Parkway Santee, CA 92071 INSURED Metropolitan Area Advisory Committee on Ant iPoverty of San Diego County, Inc.; Dba: MAAC Project 1355 Third Avenue Chula Vista, CA 91911 CONTACT NAME: PHONE (A/C, No, Ext): (619) 937-0164 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE INSURER A : Philadelphia Indemnity Ins Co INSURER B : Cypress Insurance Company INSURER C : INSURER D : INSURER E : INSURER F : (Laic, No):(619) 937-0168 NAIC # 18058 10855 COVERAGES CERTIFICATE NUMBER: 1 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR MD POLICY NUMBER POLICY EFF POLICY EXP IMM/DD/YYYYI (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 1 CLAIMS -MADE X OCCUR X X PHPK2153620 7/1/2020 7/1/2021 PREMISES (Ea occurrence) $ 100,000 MED EXP (My one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LRIMpIT� APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JpEt;T X LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ X ANY AUTO X X PHPK2153620 7/1/2020 7/1/2021 BODILY INJURY (Per person) $ OWNED AUTOS ONLY _ SCHEDULED AUTOS BODILYFBOODILY INJURYp(Per accident) $ X AUTOS ONLY _ X AUTOS ONLY (Perr accident) AGE $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESSLIAB CLAIMS -MADE PHUB729824 7/1/2020 7/1/2021 AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X PERSTATUTE TRH - ANY PROPRIETOR/PARTNER/EXECUTIVE YN MEWC130729 7/1/2020 7/1/2021 E.L. EACH ACCIDENT 1,000,000 $ FFICER/MEMBER EXCLUDED? Mandatory in NH) NIA E.L. DISEASE - EA EMPLOYEE 1,000,000 $ If es, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ A A Professional Liab. Abuse Liab. PHPK2153651 PHPK2153651 7/1/2020 7/1/2020 7/1/2021 7/1/2021 $1,000,000/ $1,000,000/ 2,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: CDBG-CV THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED PER FORM PI-GLD-HS 10/11 ATTACHED. AUTO ADDITIONAL INSURED APPLIES PER ENDORSEMENT ATTACHED. CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY C/O RISK MANAGER 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950-4397 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy: PHPK2153620 PI-GLD-HS (10/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: HUMAN SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Extended Property Damage Included 2 Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Non -Owned Watercraft Less than 58 feet 2 Damage to Property You Own, Rent, or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3 HIPAA Clarification 4 Medical Payments $20,000 5 Medical Payments — Extended Reporting Period 3 years 5 Athletic Activities Amended 5 Supplementary Payments — Bail Bonds $5,000 5 Supplementary Payment — Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5 Key and Lock Replacement — Janitorial Services Client Coverage $10,000 limit 6 • • MIMI • • • • • • • • • • Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10 Liberalization Included 11 Bodily Injury — includes Mental Anguish Included 11 Personal and Advertising Injury — includes Abuse of Process, Discrimination Included 11 A. Extended Property Damage SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury" or property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. B. Limited Rental Lease Agreement Contractual Liability SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following: (3) Based on the named insured's request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client. C. Non -Owned Watercraft SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. D. Damage to Property You Own, Rent or Occupy SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) K. Key and Lock Replacement — Janitorial Services Client Coverage SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended to include the following: We will pay for the cost to replace keys and locks at the "clients" premises due to theft or other loss to keys entrusted to you by your "client," up to a $10,000 limit per occurrence and $10,000 policy aggregate. We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, "employees", "managers", directors, trustees, authorized representatives or any one to whom you entrust the keys of a "client" for any purpose commit, whether acting alone or in collusion with other persons. The following, when used on this coverage, are defined as follows: a. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee" means: (1) Any natural person: (a) While in your service or for 30 days after termination of service; (b) Who you compensate directly by salary, wages or commissions; and (c) Who you have the right to direct and control while performing services for you; or (2) Any natural person who is furnished temporarily to you: (a) To substitute for a permanent "employee" as defined in Paragraph (1) above, who is on leave; or (b) To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. (3) "Employee" does not mean: (a) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character; or (b) Any "manager," director or trustee except while performing acts coming within the scope of the usual duties of an "employee." c. "Manager" means a person serving in a directorial capacity for a limited liability company. L. Additional lnsureds SECTION II — WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Medical Directors and Administrators — Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. b. Managers and Supervisors — Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your "employees" are also insureds for "bodily injury" to a co - "employee" while in the course of his or her employment by you or performing duties related to the conduct of your business. This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited liability company. c. Broadened Named Insured — Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. d. Funding Source — Any person or organization with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers — At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. f. Managers, Landlords, or Lessors of Premises — Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: g• This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You — Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or Page 7 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) organization is an insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. h. Grantors of Permits — Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors — Only with respect to "bodily injury" or "property damage" arising out of "your products" 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) "Bodily 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 apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as 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; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Page 8 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub -paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as 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 does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. Franchisor — Any person or organization with respect to their liability as the grantor of a franchise to you. k. As Required by Contract — Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations I. Owners, Lessees or Contractors — Any person or organization, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 9 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) m. State or Political Subdivisions — Any state or political subdivision as required, subject to the following provisions: (1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. (2) This insurance does not apply to: (a) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products -completed operations hazard." M. Duties in the Event of Occurrence, Claim or Suit SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows: a. is amended to include: This condition applies only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. b. is amended to include: This condition will not be considered breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. N. Unintentional Failure To Disclose Hazards SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. O. Transfer of Rights of Recovery Against Others To Us SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of Page 10 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. P. Liberalization SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. Q. Bodily Injury — Mental Anguish SECTION V — DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. R. Personal and Advertising Injury — Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of "personal and advertising injury" is amended as follows: 1. SECTION V — DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process; 2. SECTION V — DEFINITIONS, Paragraph 14. is amended by adding the following: Discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. Page 12 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company Policy# PHPK2153620 PI-CA-001 (09/15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE ELITE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART Following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Who is An Insured Board Members Newly Acquired Entities Designated Insured Lessor of Leased Autos Included Included Included Included 2 Cost of Bail Bonds $5,000 2 Reasonable Expenses — Loss of Earnings $500 per day 2 Fellow Employee Coverage Amended 3 Towing $100 per disablement 3 Glass Breakage (Windshields and Windows) No deductible applies 3 Transportation Expenses $100 per day / $3,000 maximum 3 Hired Auto Physical Damage — Loss of Use $100 per day / $1,000 maximum 3 Hired Auto Physical Damage ACV or repair or replacement of the vehicle whichever is less 4 Personal Effects $500 4 Rental Reimbursement $100 per day / 30 days 4 Accidental Discharge — Air Bag Amended 4 Electronic Equipment $1000 5 Original Equipment Manufacturer Parts Replacement Included 5 Auto Loan / Lease Gap Coverage Amended 5 One Comprehensive Coverage Deductible Per Occurrence Amended 6 Notice of and Knowled•e of Occurrence Unintentional Errors or Omissions Amended IM Amended 7 7 Mental Anguish — Bodily Injury Redefined Amended 7 Coverage extensions under this endorsement only apply in the event that no other specific coverage for these extensions is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted in this endorsement. Any deductible listed in the Auto Declarations Page will apply unless specific deductible provisions are set forth under a coverage enhancement below. Page 1 of 7 © 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. III. BUSINESS AUTO CONDITIONS A. Notice and Knowledge of Occurrence B. PI-CA-001 (09/15) SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, Paragraph a. is deleted in its entirety and replaced with the following: a. In the event of "accident," claim, "suit" or "loss," you must give us, or our authorized representative, prompt notice of the "accident" or "loss." Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. Ho been.., operation of CONDM5NS, A. Loss Conalrons, ran is amended by adding the following exception. overt' we may have against any person or organizatto 'bodily injury' or 'Property damage" arising out of tt veered "auto' when you fhav umed lia. le" : "insured contra C. Unintentional Errors or Omissions SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, Or Fraud is amended by adding the following: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. IV. DEFINITIONS A. Mental Anguish SECTION V — DEFINITIONS, C. "Bodily injury" is amended by adding the following: "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Page 7of7 © 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. RESOLUTION NO. 2020 — 119 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMISSION OF THE FIRST AMENDMENT TO THE 2019-2020 ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) TO ADD THE COMMUNITY DEVELOPMENT BLOCK GRANT CARES ACT (CDBG-CV) FUNDS WHEREAS, as an entitlement community, the City of National City ("City") administers the Community Development Block Grant ("CDBG") for the Federal Government under the United States Department of Housing and Urban Development ("HUD"); and WHEREAS, on March 27, 2020, the President signed the Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Public Law 116-136); and WHEREAS, the bill provided $5 billion for CDBG to rapidly respond to COVID-19; and WHEREAS, the City will receive $464,017 in Community Development Block Grant CARES Act funding (CDBG—CV) to prevent, prepare for, and respond to the coronavirus; and WHEREAS, in accordance with the federal regulations at 24 CFR, Part 91, the City is required to prepare and submit a First Amendment to the 2019-2020 Action Plan to add CARES Act CDBG-CV funds; and WHEREAS, HUD requires that all CDBG entitlement communities, such as the City of National City, hold one public hearing and a 30-day public comment period to solicit input on the First Amendment to the 2019-2020 Action Plan; and WHEREAS, HUD waived the 30-day requirement provided that no Tess than five (5) days are provided for public comments on each substantial amendment; and WHEREAS, the City provided a 10-day public comment period for the First Amendment to the 2019-2020 Action Plan; and WHEREAS, HUD waived the requirement to hold in -person public hearings to comply with national and local social gathering requirements; and WHEREAS, the City will hold a virtual Public Hearing on June 16, 2020; and WHEREAS, the City will incorporate public comments received into the First Amendment to the 2019-2020 Action Plan for the final submission to HUD; and WHEREAS, HUD waived the cap on the amount of funds a grantee can spend on Public Services to expedite the use of grant funds for coronavirus response; and WHEREAS, HUD has notified the City of its CARES Act CDBG entitlement allocation in the amount of $464,017 for CDBG-CV Program that will be appropriated to the 2019-2020 Action Plan activities in Fiscal Year 2020-2021, hereto attached as Exhibit "A"; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby adopts the First Amendment to the 2019-2020 Action for submission to HUD. Resolution No. 2020 — 119 Page Two BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes CARES Act CDBG-CV entitlement funds in the amount of $464,017 for its CDBG Program to be appropriated to the 2019-2020 Action Plan activities in Fiscal Year 2020-2021, as set forth in Exhibit "A"; and BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes the submission of the First Amendment to the 2019-2020 Action Plan for the expenditure of said funds to HUD. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the final submission of the of the First Amendment to the 2019-2020 Action Plan, certifications, and agreements required by HUD for the full implementation of the activities funded under said Plan. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute budget adjustments as necessary to reflect the funding allocations to the First Amendment to the 2019-2020 Action Plan in FY 2020-2021. PASSED and ADOPTED this 16th day of June, 2020. ATTEST: A Mic ael R. Dalla, ity Clerk APPROVED AS TO Angil 'i % orris -Janes City ' torney ORM: Alejandra Sotelo-Solis, Mayor Exhibit "A" First Amendment to the 2019-2020 Action Plan CARES Act CDBG-CV Funds U.S. Department of Housing and Urban Development (HUD) Community Develolpment Block Grant CARES Act (CDBG-CV) entitlement award is $464,017 for activities to prepare, prevent, and respond to COVID-19. Applicant Name Program name Funding Recommendation CSA San Diego County COVID-19 Fair Housing and Tenant Landlord Mitigation $ 20,000.00 National City Public Library Distance Learning Via Online Tutoring and Online Classroom $ 51,500.00 MAAC Economic and Workforce Development Services $ 65,556.00 South Bay Community Services Emergency Family Assistance $ 146,456.00 San Ysidro Health COVID-19 Testing $ 107,702.00 National City Housing Authority CDBG-CV Administration $ 72,803.00 Total $ 464,017.00 Page 1 of 1 Passed and adopted by the Council of the City of National City, California, on June 16, 2020 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California /✓ City Clerk of the City of Natidnal City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2020-119 of the City of National City, California, passed and adopted by the Council of said City on June 16, 2020. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 16, 2020 AGENDA ITEM NO.: ITEM TITLE: Public Hearing and Adoption of a Resolution of the City Council of the City of National City establishing appropriations and corresponding revenue budget for $464,017 in CARES Act funding to Community Development Block Grant (CDBG-CV) grant activities, and authorizing the submission of the First Amendment to the 2019-2020 Action Plan that incorporates the CDBG-CV funded activities into said Action Plan for acceptance by U.S. Department of Housing and Urban Development (HUD). PREPARED BY: Angelita Palma, Acting Housing Manager PHONE: 619-336-4219 EXPLANATION: See attachment number one for explanation. DEPARTMENT: Housing Authority APPROVED BY: FINANCIAL STATEMENT: The City will receive $464,017 in HUD CDBG-CV entitlement funds to be used in FY 2020-2021. The grant funds will be appropriated to accounts 301-409-000-650-* and 301-419-462-* and corresponding revenue account 301-45922-3498. ACCOUNT NO. Revenue: 301-45922-3498 Expenditure: 301-409-000-650-" and 301-419-462-` APPROVED: MIS ENVIRONMENTAL REVIEW: An environmental review is not required. APPROVED: (-4/GAL FINANCE ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Conduct the Public Hearing, approve the funding recommendations, establish budget appropriations and corresponding revenue budget from the source identified in the Financial Statement above, and authorize the submission of the First Amendment to the 2019-2020 Action Plan to HUD for the CDBG-CV programs. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: 1. Explanation 2. Public Hearing Notice 3. Action Plan Funding Recommendations 4. Resolution 290 of 419 Attachment No. 1 City of National City June 16, 2020 Staff Report Explanation Public Hearing and Adoption of a Resolution of the City Council of the City of National City establishing appropriations and corresponding revenue budget for $464,017 in CARES Act funding to Community Development Block Grant (CDBG-CV) grant activities, and authorizing the submission of the First Amendment to the 2019-2020 Action Plan that incorporates the CDBG-CV funded activities into said Action Plan for acceptance by U.S. Department of Housing and Urban Development (HUD). A Public Hearing on the Draft First Amendment to the 2019-2020 Action Plan will be conducted to review public comments received during the 10-day public review period from June 5 through June 15 and to provide interested persons and community groups with an opportunity to share their thoughts regarding the Plan. Draft First Amendment to the 2019-2020 Action Plan In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to submit a Substantial Amendment to Program Year 2019-2020 Action Plan to for its Community Development Block Grant Program funded by the U.S. Department of Housing and Urban Development (HUD). On March 27, 2020, the President signed the Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Public Law 116-136), providing $2.2 trillion in federal funds to respond to the COVID-19 emergency. The CARES Act included $5 billion to HUD for the Community Development Block Grant (CDBG) program to prevent, prepare for, and respond to the coronavirus. As a CPD formula entitlement grantee, the City of National City received $464,017 in CDBG from the CARES Act funds (CDBG-CV). The CARES Act provides CDBG grantees with flexibilities to make it easier to use CDBG- CV grants for coronavirus response and authorizes HUD to grant waivers and alternative requirements. HUD has waived the 30-day public review requirement provided that no less than five (5) days are provided for public comments on each substantial amendment. Also, for expedited use of the CDBG-CV funding, the bill eliminates the cap on the amount of funds a grantee can spend on Public Services and removes the requirement to hold in -person public hearings to comply with national and local social gathering requirements. The Draft First Amendment to the 2019-2020 Action Plan outlines how the City intends to spend $464,017 in CDBG-CV entitlement funds for Public Services. Funding recommendations are provided (Attachment No. 2) to serve the urgent need of the community to prevent, prepare for, and respond to coronavirus. Document Review Due to the COVID-19 global pandemic the funding recommendations and Draft First Amendment to the 2019-2020 Action Plan will be available to the public on the City of National City CDBG and HOME webpage at http://www.nationalcitvca.qov/cdbq-home. Page 1 of 1 291 of 419 Attachment No. 2 AL R it �-- CALI��TiRRRNIA-w N TONAL CJTV 'NCORPOAA7EP � PUBLIC NOTICE CITY OF NATIONAL CITY 10 DAY PUBLIC REVIEW AND COMMENT PERIOD AND PUBLIC HEARING FOR THE DRAFT FIRST AMENDMENT TO THE 2019-2020 ACTION PLAN TO ADD COMMUNITY DEVELOPMENT BLOCK GRANT CARES ACT FUNDS In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to submit a Substantial Amendment to Program Year (PY) 2019-2020 Action Plan to for its Community Development Block Grant Program funded by the U.S. Department of Housing and Urban Development (HUD). On March 27, 2020, the President signed the Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Public Law 116-136). The bill provided $5 blion for CDBG to rapidly respond to COVID-19. The City will receive $464,017 in Community Development block Grant CARES Act funding (CDBG—CV) to prevent, prepafe for, and respond to the coronavirus. Funds are intended to primarily serve low and moderate -income residents acid areas. The City is making the CDBG-CV funds available for additional Public Service programming. A thirty (30) day public comment period is required, however, HUD has waived this requirement provided that no less than five (5) days are provided for public comments on each substantial amendment. In addition, for expedited use of the CDBG-CV funding, the bill eliminates the cap on the amount of funds a grantee can spend on Public Services and removes the requirement to hold in -person public hearings to comply with national and local social gathering requirements. A 10-day review of the Draft First Amendment to the 2019-2020 Action Plan will be available for public comment June 5 to 15, 2020 on the City's website www.nationalcityca.gov/cdbg-home. To provide an opportunity for public comment during the 10-day review period of the Action Plan, you must submit comments referencing the Draft First Amendment to the 2019-2020 Action Plan via e-mail to clerk@,nationalcityca.gov. Notice is hereby given that the City Council of the City of National City will hold a Public Hearing for the Draft First Amendment to the 2019-2020 Action Plan on Tuesday, June 16, 2020, at 6:00 p.m. The purpose of the Public Hearing is to provide the opportunity for public comment on the needs and priorities identified for the Plan, on City Council's recommendations for funding of the CDBG-CV Program activities. Public participation is an essential part of the development of the Action Plan process. Due to the COVID-19 global pandemic interested persons and community groups are invited to view both Public Hearings live via webcast at www.nationalcityca.gov. To provide an opportunity for public comment at this meeting, comments may be submitted via e-mail to clerk@,nationalcityca.gov. E-mails that are received by 2:00 p.m. will be distributed to the City Council before the meeting. You must reference the Draft First Amendment to the 2019- 2020 Action Plan when submitting a comment. For more information regarding this process, please contact the National City Housing Authority at (619) 336-4219. Hearing -impaired persons please use the CAL Relay Service Number 711. Asistencia en Espanol: Para que le interpreten la informacion en espanol, llame al (619) 336-4391. Brad Raulston, City Manager City of National City June 2, 2020 Page 1 of 1 292 of 419 Attachment No. 3 Funding Recommendations for the First Amendment to the 2019-2020 Action Plan U.S. Department of Housing and Urban Development (HUD) Community Develolpment Block Grant CARES Act (CDBG-CV) entitlement award is $464,017 for activities to prepare, prevent, and respond to COVID-19. Public Service activites are recommended for this funding. Applicant Name Program name Requested Amount Funding Recommendation CSA San Diego County Covid-19 Fair Housing and Tenant Landlord Mitigation $ 46,700.00 $ 20,000.00 National City Public Library Distance Learning Via Online Tutoring and Online Classroom $ 51,500.00 $ 51,500.00 South Bay Community Services Domestic Violence Response Team $ 24,185.00 $ - MAAC Economic and Workforce Development Services $ 65,556.00 $ 65,556.00 South Bay Community Services Emergency Family Assistance $ 150,000.00 $ 146,456.00 San Ysidro Health COVID-19 Testing $ 110,000.00 $ 107,702.00 National City Housing Authority CDBG-CV Administration $ 72,803.00 $ 72,803.00 Total $ 520,744.00 $ 464,017.00 Page 1 of 1 293 of 419 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMISSION OF THE FIRST AMENDMENT TO THE 2019-2020 ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) TO ADD THE COMMUNITY DEVELOPMENT BLOCK GRANT CARES ACT (CDBG-CV) FUNDS WHEREAS, as an entitlement community, the City of National City ("City") administers the Community Development Block Grant ("CDBG") for the Federal Government under the United States Department of Housing and Urban Development ("HUD"); and WHEREAS, on March 27, 2020, the President signed the Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Public Law 116-136); and WHEREAS, the bill provided $5 billion for CDBG to rapidly respond to COVID-19; and WHEREAS, the City will receive $464,017 in Community Development Block Grant CARES Act funding (CDBG—CV) to prevent, prepare for, and respond to the coronavirus; and WHEREAS, in accordance with the federal regulations at 24 CFR, Part 91, the City is required to prepare and submit a First Amendment to the 2019-2020 Action Plan to add CARES Act CDBG-CV funds; and WHEREAS, HUD requires that all CDBG entitlement communities, such as the City of National City, hold one public hearing and a 30-day public comment period to solicit input on the First Amendment to the 2019-2020 Action Plan; and WHEREAS, HUD waived the 30-day requirement provided that no less than five (5) days are provided for public comments on each substantial amendment; and WHEREAS, the City provided a 10-day public comment period for the First Amendment to the 2019-2020 Action Plan; and WHEREAS, HUD waived the requirement to hold in -person public hearings to comply with national and local social gathering requirements; and WHEREAS, the City will hold a virtual Public Hearing on June 16, 2020; and WHEREAS, the City will incorporate public comments received into the First Amendment to the 2019-2020 Action Plan for the final submission to HUD; and WHEREAS, HUD waived the cap on the amount of funds a grantee can spend on Public Services to expedite the use of grant funds for coronavirus response; and WHEREAS, HUD has notified the City of its CARES Act CDBG entitlement allocation in the amount of $464,017 for CDBG-CV Program that will be appropriated to the 2019-2020 Action Plan activities in Fiscal Year 2020-2021, hereto attached as Exhibit "A"; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby adopts the First Amendment to the 2019-2020 Action for submission to HUD. 294 of 419 Resolution No. 2020 — Page Two BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes CARES Act CDBG-CV entitlement funds in the amount of $464,017 for its CDBG Program to be appropriated to the 2019-2020 Action Plan activities in Fiscal Year 2020-2021, as set forth in Exhibit "A"; and BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes the submission of the First Amendment to the 2019-2020 Action Plan for the expenditure of said funds to HUD. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the final submission of the of the First Amendment to the 2019-2020 Action Plan, certifications, and agreements required by HUD for the full implementation of the activities funded under said Plan. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute budget adjustments as necessary to reflect the funding allocations to the First Amendment to the 2019-2020 Action Plan in FY 2020-2021. PASSED and ADOPTED this 16th day of June, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 295 of 419 Exhibit "A" First Amendment to the 2019-2020 Action Plan CARES Act CDBG-CV Funds U.S. Department of Housing and Urban Development (HUD) Community Develolpment Block Grant CARES Act (CDBG-CV) entitlement award is $464,017 for activities to prepare, prevent, and respond to COVID-19. Public Service activites are recommended for this funding. Applicant Name ,Program name Funding Recommendation i CSA San Diego County Covid-19 Fair Housing and Tenant Landlord Mitigation $ 20,000.00 National City Public Library Distance Learning Via Online Tutoring and Online Classroom $ 51,500.00 South Bay Community Services Domestic Violence Response Team $ MAAC Economic and Workforce Development Services $ 65,556.00 South Bay Community Services Emergency Family Assistance $ 146,456.00 San Ysidro Health COVID-19 Testing $ 107,702.00 National City Housing Authority CDBG-CV Administration $ 72,803.00 Total $ 464,017.00 Page 1 of 1 296 of 419 CONTRACT TRANSMITTAL FORM (Attach as Cover Sheet to Documents dropped off to City Clerk's Office) Date: From (Dept.): Housing Authority Submitted by (First & Last Name): Angelita Palma Vendor: MAAC Resolution: YES / NO OO Resolution No. (if applicable): 2020-119 o� 4 Originals Provided to City Clerk (Select Quantity) 0 Department has Copy / Duplicate Original Vendor has Copy / Duplicate Original