The URL can be used to link to this page

Home My WebLink About2020 CON San Ysidro Health - COVID-19 TestingAGREEMENT BETWEEN CITY OF NATIONAL CITY AND SAN YSIDRO HEALTH FOR COVID-19 TESTING THIS AGREEMENT FOR COVID-19 Testing ("Agreement"), entered this 2Iday of 3�16, 2020 by and between the City of National City, a municipal corporation (herein called the "Grantee") and the San Ysidro Health 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, COVID-19 Testing 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 the Subrecipient shall start once a Notice to Proceed is issued. The term of this contract is 2-enlav of3a.i, 2020 and end on the 30th day of June, 2021. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. 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 One Hundred and seven thousand, seven hundred and two Dollars ($107,702.00). 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: Vernita Todd Contact Person: Roggie Norman Organization: City of National City Organization: San Ysidro Health Organization: San Ysidro Health Address: 140 East 12th Street, Suite B National City, CA 91950 Address: 1601 Precision Park Lane San Diego, CA 92173 Address: 1601 Precision Park Lane San Diego, CA 92173 Telephone: (619) 336-4219 Telephone: 619-941-2472 Telephone: 619-376-8665 Email: apalma@nationalcityca.gov Email: vernita.todd@syhealth.org Email: roggie.norman@syhealth.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 REQUIREMENTS 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 ACOUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 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 City APPROVED AS TO FORM: rri -Janes orney ATTEST // By: Michael Dalla City Clerk San Ysidro Health, a California nonprofit corporation By: Kevin Matts•n President and CEO eronica Dela Ro a Executive Vice President of Operations CDBG Program Agreement City of National City Page 15 of 15 EXHIBIT A - Scope of Services Page 16 of 49 EXHIBIT A SCOPE OF SERVICES COVID-19 Testing Program Subrecipient shall provide Emergency Family Assistance 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. Target Population: SYHealth's National City COVID-19 Testing program is intended to serve low and moderate income (LMI) and uninsured/underinsured residents of National City who are demonstrating COVID symptoms and/or have been exposed to a positive COVID case. Number of Clients: SYHealth's National City COVID-19 Testing program aims to serve 100 unduplicated individuals per week. Number of LMI: SYHealth anticipates that 100% individuals receiving a COVID-19 test at the San Ysidro Health — South Bay clinic site will qualify as LMI 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 are below. Reports are due 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 17 of 49 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 1011 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. - Personnel Cost: Labor Distribution Report (DayForce payroll system) - Fringe Benefits: Fringe Benefit Report (DayForce payroll system) - Other: SVPR Communications: Invoice /Check (canceled) 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. Page 18 of 49 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 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 31 st 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: Insert the contact information below of who will be submitting Periodic Performance Reports, and who day-to-day email correspondence should be addressed to. Two contacts should be provided Vernita Todd Vice President and Chief Strategy Officer 619-941-2472 vernita.todd@syhealth.org 1601 Precision Park Lane, San Diego, CA 92173 Monday — Friday, 9:00am — 5:00pm Roggie Norman Associate Director of Emergency Preparedness and Operations 619-376-8665 roggie.norman@syhealth.org 1601 Precision Park Lane, San Diego, CA 92173 Monday — Friday, 9:00am — 5:00pm 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 19 of 49 TABLE "A" — Budget PROJECT TITLE: COVID-19 TESTING 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. HRSA 2. 3. Amount Status' Amount Status` Amount Status* Amount Status' Amount Status' Personnel Costs $441,771 $68,026.40 P $0 $373,744.60 C Fringe Benefits $110,443 $17,006.60 P $0 $93,436.40 C Professional Services $92,352 $0 $92.352 C Rent/Utilities $31,500 $0 $31,500 C Telephone $0 $0 $0 Travel/Mileage $0 $0 $0 Other: SVPR Communications $9,800 $9,800 P $0 Other: PPE $123,198 $0 $0 $123,198 C Other: Non -medical Supplies/Equipment $4,800 $0 $4,800 C Other: Indirect Costs $231,511 $12,869 P $218,641.68 C Totals: $1,121,940 $107,702 _ $347,293.68 $590,379 Total Project Costs: $1,121,940 Page 20 of 49 TABLE B — Personnel Schedule (Required only if CDBG funds are proposed to be used to fund personnel/salaries) PROJECT TITLE COVID-19 TESTING 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 Certified Medical Assistant 100% $38,188.80 $0 $38,188.80 Licensed Vocational Nurse 50% $13,816.40 $0 $13,816.40 Certified Phlebotomy Tech 50% $8,221.20 $0 $8,221.20 Patient Access Rep 50% $7,800.00 $0 $7,800.00 TOTALS: 350% $68,026.40 $0 $68,026.40 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 21 of 49 EXHIBIT B — Board of Directors and Bylaws Page 22 of 49 Member Member Member Member Secretary Chairman Vice Chair Member Member 2nd Vice Chair Member Treasurer Member BOARD OF DIRECTORS Optometrist Retired Retired Volunteer Educator Retired Research Consultant Retired Retired Administrative Assistant Retired PR Associate Lawyer (as of May 2019) Kaiser Permanente N/A N/A Iglesia de Restauracion Tijuana San Diego Unified School District N/A Self -Employed Manchester Grand Hyatt N/A SER Jobs for Progress N/A Focuscom, Inc. Advanced Tear Diagnostics, LLC 1 2019 - 2022 20 2016 - 2019 24 2016 - 2020 1 2017 - 2021 5 2016 - 2020 40 2017 - 2021 17 2015 - 2019 19 2019 - 2022 21 2019 - 2022 22 2016 - 2020 36 2016-2020 6 2016 - 2019 1 2019 - 2022 •SAN YSIDRO HEALTH Page 23 of 49 S5/I-#C Miggioh Statcffic&,t "The Mission of San Ysidro Health Center is to improve the health and well being of our community's traditionally underserved akMPIA• and culturally diverse people." {00641872.DOCX} 1 Page 24 of 49 OFFICIAL BYLAWS CENTRO DE SALUD DE LA COMUNIDAD DE SAN YSIDRO INCORPORATED September 2014 AMENDMENTS {00641872.DOCX} REVISED - SEPTEMBER 2014 2 Page 25 of 49 ARTICLE 1 NAME The name of this nonprofit organization is Centro de Salud de la Comunidad de San Ysidro, Incorporated, doing business as San Ysidro Health Center, hereinafter referred to as the Corporation. ARTICLE 2 PURPOSE AND ACTIVITIES Section 2.01: Purpose The purpose of this Corporation shall be to provide health services to underserved communities in San Diego County. Section 2:02: Prohibition Against Political Activities This Corporation has been formed under California Nonprofit Public Benefit Corporation Law for the purpose described above, and it shall be nonprofit and nonpartisan. No substantial part of the activities of the Corporation shall consist of the publication or dissemination of materials with the purpose of attempting to influence legislation, and the Corporation shall not participate or intervene in any political campaign on behalf of any candidate for public office or for or against any measure being submitted to the people for vote, except as permitted by rulings and regulation of the United States Internal Revenue Service for organizations exempt from taxation under Internal Revenue Code Section 501 (c) (3). ARTICLE 3 MEMBERS Section 3.01: Definition of Membership The members of this Corporation shall be those persons who from time to time are the members of the Board of Trustees of this Corporation. Selection of a trustee as provided in these bylaws shall operate to elect that trustee to membership in this Corporation. Death, resignation, or removal of any trustee as provided in these bylaws automatically terminates his/her membership in the Corporation. Each member shall have one vote. {00641872.DOCX} 3 Page 26 of 49 Section 3.02: Applicability of Bylaws to Members All provisions of these bylaws relating to the Board of Trustees, including but not limited to, meetings, quorums, validity of actions, actions by unanimous consent without meeting, conflicts of interest, and executive sessions, apply to the trustees when acting as the members of the Corporation. Section 3.03: Honorary Members The Board may, by appropriate resolution, from time to time, define and establish honorary members, auxiliaries, friends or other support groups for the Corporation. None of such honorary members, auxiliaries, friends or groups, or constituents thereof, shall be or have the rights and privileges of "Members" within the meaning of Section 5056 of the California Nonprofit Corporation Law with respect to the Corporation. ARTICLE 4 BOARD OF TRUSTEES Section 4.01: Duties and Responsibilities (a) The trustees shall be fiduciaries of the Corporation and shall conduct themselves and use their power for the best interests of the Corporation and its consumers. (b) The affairs of the Corporation shall be managed by the Board of Directors. The Board of Directors shall have full authority to control the day-to-day affairs of the FQHC, including but not limited to approval of the FQHC Annual Operating and Capital Budgets; federal grant applications; policies for billing and collection activities, including a policy regarding determination of eligibility for services, charge structure, and criteria for sliding fee discount schedules; approving the annual Section 330 Grant Application and Project Plan, and any applications for subsequent grants under Section 330. (c) The Trustees shall evaluate the FQHC achievements annually, and use the knowledge gained thereby to revise the FQHC goals, objectives, plan and budget as necessary and appropriate, including providing advice regarding the establishment of linkages with other health care providers and/or health care programs. (d) The Board of Trustees shall evaluate itself periodically for efficiency, effectiveness, and compliance with all requirements imposed upon community FQHC, as set forth in Section 330. { 00641872.DOCX} 4 Page 27 of 49 (e) The Trustees shall establish policies and procedures regarding the hours of operation, patient referral and tracking, use of clinical protocols, risk management procedures, procedures for assessing patient satisfaction, and a consumer bill of rights / patient grievance procedures. (f) The Trustees of the Corporation shall establish policies and procedures designed to ensure provision for preventative, primary and supplemental health care services, including health education and enabling services to such population in a manner which will best meet the needs. Section 4.02: Powers of the Board of Trustees Subject to any limitations imposed by law, the Articles of Incorporation, or these bylaws, the powers of the Corporation are vested in the Board of Trustees. The Board of Trustees shall exercise the powers of a board of directors under California law. Section 4.03: Powers of Individual Trustees Individual trustees, as such, shall have no authority over the activities of staff of the Corporation. Trustees shall exercise their powers only while acting collectively as a Board. This section does not prevent an officer of a committee of the Corporation from carrying out the assigned duties of the officer or committee in accordance with these bylaws. Section 4.04: Number of Trustees The size of the board shall consist of no less than thirteen (13), nor more than seventeen (17) board trustees. Vacancies shall be filled within 90 days, or as soon thereafter as is reasonably practicable. Section 4.05: Composition (a) At no time shall the number of the Consumer trustees represent less than 51% of the total membership. (b) Non -Consumer trustees shall be comprised of members with a broad range of skills, expertise, and perspectives relative to the Corporation and representatives of the community currently served by the health center. No more than 50% of the Non -Consumer trustees may derive more than 10% of their annual income from the health care industry. {00641872.DOCX} 5 Page 28 of 49 Section 4.06: Qualifications . (a) In order for a person to serve, be nominated or elected as Consumer Trustee, the person shall: (1) Be a consumer of the Center at the time of becoming a candidate; and as a condition of "good standing," Consumer Trustees shall utilize health center services at least once every twenty-four months or be a legal guardian of a patient who is a dependent child or adult, or a legal sponsor of an immigrant that shall utilize health center services at least once every twenty-four months. (2) Be more than eighteen (18) years of age at the time of becoming a candidate; and (3) Be a bonafide resident of the United States and domicile within the service area of the Corporation in the County of San Diego, State of California; and (4) Have not been judicially determined to be incompetent or under conservatorship; and (5) Have not been convicted of a felony under any law of California, U.S.A., or any other jurisdiction (for purposes of this sub -section, a felony is a crime, a maximum punishment for which is death or incarceration in a State or Federal penitentiary); and (6) Not have a legal or financial conflict with the Corporation. (b) In order for a person to serve, be nominated or elected as Non -Consumer trustee, the person shall: (1) (2) (3) (4) (5) Be more than eighteen (18) years of age at the time of becoming a candidate; and Be a bonafide resident of the United States and domicile within the County of San Diego, State of California; and Have not been judicially determined to be incompetent or have conservatorship; and Have not been convicted of a felony under any law of California, U.S.A., or any other jurisdiction (for purposes of this sub -section, a felony is a crime, maximum punishment for which is death or incarceration in a State or Federal penitentiary); and Not have a legal or financial conflict with the Corporation. Section 4.07: Term of Office The term of office for Consumer and Non -Consumer Trustees shall be four years, beginning July 1st and ending June 30th. The terms shall be staggered to assure that no more than five board members are up for election in a given year. Section 4.08: Regular Meetings Regular meetings of the Board shall be held on the fourth Thursday of each month; in the event it is not practicable to conduct its monthly Board meeting on the fourth Thursday of any month, notice of {00641872.DOCX} 6 Page 29 of 49 the date of meeting will be provided pursuant to Section 4.10. Section 4.09: Special Meetings Special meetings of the Board may be called by the Board President / Chair Person; if the Board President / Chair Person is unable, then by the Vice -President; or by a majority of the trustees. Section 4.10: Notice of Meetings The Secretary, or other person designated by the Board President / Chair Person, shall give written notice of the time and place of meeting to each trustee at the address as it appears in the office of the Corporation, at least seven days prior to the date of all regular meetings and at least three days prior to any special meeting. In emergency situations, appropriate, reasonable notice will be provided based upon the exigency of the special circumstances. Proposed agendas for both regular and special meetings shall be included with the notice of the meetings. Section 4.11: Executive Session The Board may convene in Executive Session only (i) after assembling in a meeting and determining that an executive session is required, and (ii) only for the purpose of discussing litigation or personnel matters. No action may be taken in an executive session except as to attorney/client privileged and personnel matters. Section 4.12: Quorum A quorum of the Board consists of a majority of the trustees then in office. No official business shall be considered by the Board at any meeting at which a quorum is not present. Section 4.13: Voting Every act or decision done or made by the majority of the trustees present at a meeting duly held at which a quorum is present, is the act of the Board of Trustees. Neither proxy, nor absentee voting by mail, shall be allowed. Section 4.14: Place of Meeting Meetings shall be held at the principal office of the Corporation, or at such place or places within or without the State of California which have been designated from time to time by resolution of the Board of Trustees. In the absence of such designation, meetings shall be held at the principal office {00641872.DOCX} 7 Page 30 of 49 of the Corporation. In designating the location of meetings, the Board may give preference to locations which can accommodate the number of consumers or other persons reasonably expected to attend. Section 4.15; Procedure (a) All meetings of the Board shall be govemed by Robert's Rules of Order and, as applicable by the Board of Trustees' Policies, insofar as such rules are not inconsistent with these bylaws. (b) Meetings shall be presided over by the Board President / Chair Person of the Corporation, or in the Board President / Chair Person's absence, by the Vice -President or in the absence of both by a chairperson chosen by a majority of the trustees present. The Secretary of the Corporation shall act as Secretary of the Board of Trustees. In the event the Secretary is absent from a meeting, the presiding officer may appoint any trustee to act as Secretary for that meeting. Section 4.16: Reimbursement Members of the Board may be reimbursed for actual/necessary meeting expenses (e.g., travel and child care) in accordance with procedures as adopted by the Board of Trustees, if non -restricted funds are available. Section 4.17: Vacancies, Removal and Resignation of Directors (a) Vacancies on the Board of Trustees shall exist (i) on the death or resignation of any trustee; (ii) whenever the authorized number of Trustees is increased; or (iii) whenever the Board of Trustees declares an office vacant pursuant to this section. (b) The Board of Trustees may declare vacant the office of a Trustee (i) if he/she is judicially determined to be of unsound mind or is convicted of a felony, (ii) if within thirty days after notice of his/her election, he/she does not accept the office either in writing or attending a meeting of the Board; (iii) if he/she misses three consecutive regular meetings without obtaining the consent of the Board President / Chair Person; (iv) if he/she willfully and continuously fails to abide by these bylaws; or (v) upon the death or resignation of any trustee. (c) A director or directors may be removed with cause, as defined by the code, or without cause, by majority vote of directors then in office, if it is determined that by doing so is in the best interest of the corporation. Any director who is removed from the board must be given 30 days written notice and afforded an opportunity to be heard. Any director may resign at any time by giving 30 days written notice to the Board. {00641872.DOCX} 8 Page 31 of 49 (d) A trustee who resigns or who is removed from office may not be elected or appointed to the Board of Trustees within one year after his/her termination as a trustee. Section 4.18: Vacancies: Filling (a) Vacancies shall be filled within ninety (90) days, or as soon thereafter as is reasonably practicable, by appointment by a majority vote of the remaining trustees, or by the sole remaining trustee. (b) Any person appointed, or assuming office, to fill a vacancy shall have the qualifications as are required of the trustee whose office is vacated. (c) The individual appointed, or assuming office, to fill a vacancy, will serve the remaining term of the trustee whose office is vacated. (d) Vacancies will be advertised by placing ads in local papers (Spanish and English) over a thirty (30) day period. (e) Any existing member with an expiring term may be re -appointed for a new term of office by a majority vote of the board. Section 4.19; Indemnification of Trustees Trustees, in connection with the duties and responsibilities outlined in these Bylaws, and by law, are entitled to full and complete indemnification from the Corporation to the extent not inconsistent with any applicable law or regulation governing such indemnification. {00641872.DOCX} 9 Page 32 of 49 ARTICLE 5 ELECTIONS Section 5.01: Election Time (a) The election of Consumer and Non -Consumer Trustees shall be held annually during the month of June at the principal office of the Corporation. The Board of Trustees may change the site of election. (b) To allow for staggered terms, election for four Consumer and Non -Consumer Trustees shall be held in even numbered years. The election of the remaining Consumer and Non - Consumer Trustees shall be held in odd -numbered years. Section 5.02: Election Notice The Board of Trustees shall announce that an election will be held during the month of June. The notice shall specify the number of vacancies to be filled, and candidate qualifications and nominating procedures. Section 5.03: Credentials Review (a) Prior to the election, the Board of Trustees shall appoint appropriate legal counsel to review the qualifications of all candidates to ensure that they meet the requirements prescribed in these bylaws. (b) Once counsel has completed its review of the candidates, a recommendation will be made to the Board as to the qualification of each candidate. This recommendation is to have no binding effect and should be considered purely advisory. (c) Following the Credentials Review the candidates who do not qualify shall be notified in writing; and, the candidates who qualify, shall be certified in writing, no later than May 15. Section 5.04: Procedure for Becoming a Candidate Any Consumer or Non -Consumer seeking election to the Board shall file a Statement of Candidacy for the Credentials Review no later than April 30. The statement shall include the name and residence address of the candidate and shall certify that the candidate (i) possesses the qualifications referenced in Section 4.06 (a) or (b) of these bylaws; (ii) has no conflict of interest as defined in Article 9 of these bylaws; (iii) is not disqualified by any provision of these bylaws from seeking or {00641872.DOCX} 10 Page 33 of 49 holding office as a trustee, and (iv) is committed to promoting the overall philosophy and goals of the corporation. Section 5.05: Conduct of Elections (a) The Board President / Chair Person, with the consent of the Board of Trustees, shall appoint six trustees to the Nominating Committee. The Nominating Committee, shall consist of three Non -Consumer Trustees and three Consumer Trustees, whose terms do not expire in that election year. The Nominating Committee shall nominate the best qualified candidate(s) from the list of candidates certified by the Credentials Review. (b) Within thirty days of each annual election of each year, the Nominating Committee shall submit to the Secretary the names of one or more nominees for each prospective vacancy for the office of Trustee. Within ten days thereafter, the Secretary shall notify each trustee in writing of these nominations. (c) Within ten days after the mailing or personal delivery of the aforementioned notice of nominations, any two trustees may nominate any qualified person(s) as a Trustee by submitting in writing to the Secretary, the nominee's name, and in the case of a Non - Consumer trustee vacancy, the Professional category for which the nomination is being made. (d) After receiving nominations, the Secretary shall submit all qualified nominations to the Board of Trustees. (e) The Board shall hold an election to fill the vacancies of the Board of Trustees. Each Trustee is entitled to one vote, which shall be submitted by secret ballot. Neither proxy, nor absentee voting by mail, shall be allowed. The Board President / Chair Person shall appoint three members of the Board of Trustees to count the votes and announce the results of the election. The nominee(s) receiving the greater number of votes shall be declared the winner(s) and shall be installed as a trustee(s). Section 5.06: Tie Vote A tie vote among two or more candidates shall be decided by the President of the Board of Trustees by casting his/her vote to break the tie. {00641872.DOCX} 11 Page 34 of 49 ARTICLE 6 OFFICERS Section 6.01: Name of Officers The officers of this Corporation shall be a Board President / Chair Person, Vice -President, Second Vice -President, Secretary and Treasurer, and such other officers as the Board of Trustees, may, in its discretion, from time to time appoint. At least two officers shall be Consumer Trustees. One person may hold two or more offices, except those of Board President / Chair Person and Secretary or Board President / Chair Person and Treasurer. The office of President of the Board shall be held by a Consumer Trustee. Section 6.02: Election and Term of Office The officers named in these bylaws shall be elected by the Board of Trustees, for two (2) year terms at its first meeting after the annual election of Trustees, in even numbered years, and such other officers shall hold office until his/her resignation or removal, or until his/her successor is elected and assumes office, whichever occurs first. Officers appointed at the discretion of the Board shall serve such terms, have such authority and perform such duties as are provided in these bylaws or as may be prescribed from time to time by the Board. Neither proxy nor absentee voting by mail will be allowed for the election of officers. Section 6.03: Removal and Resignation An officer may be removed for cause by a majority of the Board of Trustees. Any officer may resign at any time by giving written notice to the Board of Trustees, the Board President / Chair Person, or to the Secretary of the Corporation. Any such resignation shall take effect at the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of the resignation by the Board shall not be necessary to make it effective. Section 6.04: Vacancies Any vacancies caused by the death, resignation, removal, or otherwise of any officer, shall be filled within ninety (90) days, or as soon thereafter, as reasonably practicable, by the Board of Trustees for the unexpired portion of the term. {00641872.DOCX} 12 Page 35 of 49 Section 6.05: Duties of the Board President / Chair Person The Board President / Chair Person shall, in general, be subject to the control of the Board of Trustees, insure that all business and affairs of the Corporation are properly supervised, except as to those functions which are the responsibility of the President / Chief Executive Officer. The Board President / Chair Person shall perform all duties incident to the office of Board President / Chair Person and such other duties as may be required by law or these bylaws, or which may be assigned from time to time by the Board of Trustees and shall be an ex-officio member of any Committee. The Board President / Chair Person shall preside at meetings of the Board of Trustees. Section 6.06: Duties of the Vice -President / Second Vice President The Vice -President shall, in the absence or disability of the Board President / Chair Person, perform all the duties of the Board President / Chair Person and when so acting shall have all the powers of, and be subject to the restrictions on, the Board President / Chair Person. The Vice -President shall have such other powers and perform such other duties as may be imposed by law or by these bylaws, or as may be prescribed from time to time by the Board of Trustees. The Second Vice -President shall assume such duties as may be prescribed from time to time by the Board of Trustees or the Board President / Chair Person, and in the absence or disability of the Vice -President shall assume his/her duties. Section 6.07: Duties of the Secretary The Secretary shall: (a) Certify and keep at the principal office of the Corporation the original or a copy of these bylaws as amended or otherwise altered to date. (b) In general, perform all duties incidental to the office of Secretary and such other duties as may be required by law or by these bylaws, or which may be assigned to the Secretary from time to time by the Board of Trustees. (c) Keep at the principal office of the Corporation the seal of the Corporation. (d) Attend and insure that all minutes are prepared and sent to Trustees prior to Board meetings. (e) Insure that agendas are sent out to Trustees prior to Board meetings. (f) Maintain or have maintained at the principal office of the Corporation, a copy of official documents of the Board of Trustees. {00641872.DOCX} 13 Page 36 of 49 (g) Maintain a list of members of the Corporation (i.e. the Trustees) containing, as required by law, the names and addresses of members and the beginning and ending dates of their membership. Section 6.08: Duties of the Treasurer The Treasurer shall: (a) Be responsible that all accounts and securities of the Corporation and deposits of all funds held by, or in the name of the Corporation are audited annually. (b) Be responsible that adequate and correct accounts of the Corporation's properties and business transactions including accounts of its assets, liabilities, receipts, disbursements, gains, losses, are kept and maintained. (c) Be responsible for insuring the monthly fiscal reports of the operations of the center are made available to the Board of Trustees. (d) Be one of the authorized signatories of checks. (e) In general, perform all duties incident to the office of Treasurer and such other duties as may be required by law or these bylaws, or which may be assigned to the Treasurer from time to time by the Board of Trustees. ARTICLE 7 COMMITTEES Section 7.01: Establishment of Committees Standing and non -standing committees may be established and their purpose defined by the Board of Trustees. The following shall be the standing committees: Executive, Bylaws, Budget & Finance, Audit, Strategic Planning, Quality Management, and Personnel. Membership to standing and non - standing committees shall be appointed by the Board President / Chair Person. The Board of Trustees shall approve and appoint members of advisory committees for programs and direct staff members to establish and participate in other committees which may be required by law. {00641872.DOCX} 14 Page 37 of 49 Section 7.02: Committee Membership Standing and non -standing committee membership appointed by the Board President / Chair Person is limited to Trustees. The Board of Trustees may approve and appoint Advisory committees to assist the standing and non -standing committees. The Board President / Chair Person shall appoint a committee chairperson for the first committee meeting and the committee shall elect its own permanent chairperson as its first order of business. Non -Consumer Trustees may be appointed and elected chairpersons of Committees. The Audit, Personnel, Bylaws and Strategic Planning Committees shall consist of a minimum of seven (7) members; the composition of all other Committees shall be established by the Board President / Chair Person, or by other applicable provisions of the Bylaws. Section 7.03: Committee Functions Committees shall act in an advisory capacity to the Board of Trustees, but shall not act in the name of the Board. Committees shall report regularly to the Board as appropriate, or as directed by the Board President / Chair Person. Resolutions and recommendations of committees are not binding on the board, but a committee may request the Secretary of the Board to make public such resolutions or recommendations . The right to vote at a committee meeting is reserved for committee members only, but any Board member may attend any committee meeting and participate in the discussion of business at such meeting. Section 7.04: Executive Committee The Executive Committee is composed of officers of the Corporation. The Board President / Chair Person chairs the committee and may request the presence of other Trustees at any Executive Committee meeting. The Executive Committee transacts routine business between meetings of the Board of Trustees and acts in emergencies. All business transacted by the Executive Committee is reported to the Board of Trustees and its action shall be submitted for ratification at the Board's next regularly scheduled meeting. The Executive Committee meets at the call of the Board President / Chair Person or upon written request of a majority of the officers. The Board President / Chair Person shall establish the agenda for all Executive Committee Meetings allowing additional agenda items to be proposed by any member of the Executive Committee. Three (3) members of the Committee shall constitute a quorum. Section 7.05: Audit Committee The Board of Trustees will appoint an Audit Committee. The Board may appoint Board Members or non-members to the Audit Committee. No member of the Corporation' s staff or any Board member with a financial interest in the Corporation may be appointed to the Audit Committee. The Board {00641872.DOCX} 15 Page 38 of 49 President / Chair Person will appoint one member of the Audit Committee as its Chair. The Chair, however, may not also be a member of the Budget & Finance Committee. The Audit Committee will have the following duties: (a) Make recommendations to the Board of Trustees on retaining, retention, termination and compensation of the Corporation's independent auditor; (b) Confer with the auditor to satisfy its members that the Corporation's financial affairs are in order; (c) Review and determine whether to accept the annual independent audit; and (d) Approve any non -audit services to be performed by the Corporation's independent auditor. Section 7.06: Powers of Committees Regarding Personnel (a) No Committee established by the Board shall have any authority to select, terminate, investigate, evaluate, direct the activities of, or determine the compensation or terms and conditions of employment, or any individual staff member, except as provided in Section 8.01 and 8.03. (b) This section does not prohibit the Board of Trustees from establishing a committee to seek out, evaluate, and recommend candidates for the position of President / Chief Executive Officer. ARTICLE 8 ADMINISTRATION Section 8.01: President / Chief Executive Officer 1. The Board of Trustees shall: (a) Select the President / Chief Executive Officer; (b) Provide an annual evaluation of the President / Chief Executive Officer; and (c) Shall have the power to dismiss the President / Chief Executive Officer. {00641872.DOCX} 16 Page 39 of 49 2. The President / Chief Executive Officer shall: (a) Be the Chief Administrative Officer of the Corporation and an employee thereof. (b) Be selected and employed by the Board of Trustees. (c) Be responsible to the Board of Trustees as a whole for the management of the affairs of the Corporation and its programs, including but not limited to the hiring, firing, and supervising of employees; purchasing of equipment; and carrying out personnel policies and such other policies as the Board of Trustees may from time to time direct. (d) Make available to the Board of Trustees and its officers all non -confidential administrative information. However, such information shall be requested at a time and in such a manner so as to minimize administrative inconveniences. (e) The President / Chief Executive Officer or his designee shall receive notice of, and attend all meetings of the Board and may participate in the deliberations of the Board with all the rights and privileges of the trustee except that: (i) The President / Chief Executive Officer shall not have the right to vote, and (ii) The Board may exclude the President / Chief Executive Officer from its meetings when reviewing tenure of the President / Chief Executive Officer, performance of, or compensation, or when discussing the removal or censure of a trustee or officer, in an executive session. Section 8.02: Board Directions to Staff The Board shall not give administrative directions to the staff or any member thereof except through the President / Chief Executive Officer. Section 8.03: Compensation of President / Chief Executive Officer and Chief Financial Officer The Board shall review and approve the compensation, including benefits, of its President / Chief Executive Officer and Chief Financial Officer to assure that such compensation is just and reasonable in compliance with the Non -Profit Integrity Act, or any other applicable law. { 00641872.DOCX} 17 Page 40 of 49 ARTICLE 9 CONFLICTS OF INTEREST Section 9.01: Employment of or Authority Over Immediate Family No person shall hold a job with the Corporation under any of the following circumstances: (a) When employee's immediate family, as defined in Section 10.02, exercises supervisory authority over the person. (b) While a member of employee's immediate family serves as a trustee or as a member of an advisory committee. Section 9.02: Trustee's Relationship to the Corporation The Corporation shall not directly employ or hire as an independent contractor any trustee or former trustee for one year after termination as a trustee, nor shall such person provide any goods or services (other than as a trustee) for compensation from the Corporation, or to any program operated by the Corporation. In the event of extraordinary circumstances, a majority of trustees can elect to suspend this section. Section 9.03: Election of Employees as Trustees No current or former employee of the Corporation, or employee of a program operated by the Corporation, shall be eligible to serve as a trustee or any Corporation policy -making body for a period of one year after termination as an employee. Section 9.04: Financial Interests No person in a direct financial relationship with the Corporation's activities (i.e., income producing activities for that person or the person's immediate family) shall be eligible for either membership on the Board of Trustees or employment with the Corporation or in any program operated by the Corporation. Section 9.05: Legal Conflict No person in a direct legal conflict with the Corporation shall be eligible for membership on the Board of Trustees for at least one year following the settlement of the legal conflict. The Board and staff members shall not knowingly or willfully: solicit or receive (or offer or pay) any renumeration (including kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind, in {00641872.DOCX} 18 Page 41 of 49 return for referring (or to induce such person to refer) an individual or organization, for the furnishing or arranging for the furnishing of any item or service, or in return for purchasing, leasing, ordering, or recommending purchasing, leasing, or ordering, or to purchase, lease, or order, any goods, facility, service or item. ARTICLE 10 GENERAL PROVISIONS Section 10.01: Corporation Offices The principal office of the Corporation shall be located in the County of San Diego, California. The Board of Trustees shall establish the location of the principal office within the County of San Diego. The Corporation may also have offices at such other places, within or without the State of California as its business may require and as the Board of Trustees may from time to time designate. Section 10.02: Definitions (a) "Consumer" is a person eighteen years of age or older who is registered at the Center. Consumers, other than those elected as trustees, are not members of the Corporation. (b) "Consumer Trustee" is a consumer residing in, and elected as trustee from the service area. (c) "Continuing Trustee" is a Consumer trustee whose term of office extends beyond the end of the current election year. (d) "Immediate Family" is a member of the immediate family and shall include the following persons: husband, wife, father, mother, sister, brother, son, daughter, father-in-law, mother- in-law, brother-in-law, to include that which in Spanish is known as "concuno" and "concufia", son-in-law and daughter-in-law. (e) "Non -Consumer Trustee" is a person elected to serve on the Board of Trustees for a special contribution of his/her occupational talents or other abilities which will achieve the Corporation's goals and objectives. (0 "Service Area" is the community and that portion of the surrounding areas designated annually by the Board of Trustees, as the primary geographic area to receive the services provided by the Corporation. Any change in the boundaries of the Service Area shall not have any effect in the status or term of a trustee in office at the time of change. (g) "Trustee" is a member of the Board of Directors. {00641872.DOCX} 19 Page 42 of 49 Section 10.03: Bylaws Amendment Subject to the limitation of any new law of the State of California applicable to the amendment of bylaws of a non-profit Corporation, these bylaws or any portion thereof may be amended, or repealed and new bylaws adopted, at a regularly scheduled meeting of the Board of Trustees, provided that said amendment is submitted in writing to the Secretary by at least three trustees at the regularly scheduled meeting previous to voting. Any amendment fixing or altering the number of authorized members of the Board of Trustees shall be adopted only by the Trustees acting as members of the Corporation. Section 10.04: English/Spanish versions of Bylaws These Bylaws, and any Amendments, thereto, shall be produced in both English, as well as Spanish language versions. In interpreting the provisions of these Bylaws, the English version shall govern. {00641872.DOCX} 20 Page 43 of 49 EXHIBIT C - TECHNICAL ASSISTANCE MATERIALS Page 44 of 49 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/playinq-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-vol1 /pdf/CFR-2014- title2-vol l-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.qov/offices/cpd/communitydevelopment/programs/entitlement Page 45 of 49 EXHIBIT D - AFFIRMATIVE ACTION POLICY Page 46 of 49 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 47 of 49 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 48 of 49 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 49 of 49 SOUTBAY-11 AWILSON ,4��Rv CERTIFICATE OF LIABILITY INSURANCE DATE 7/7I2020 DIYYYY) 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 thls certifcate does not confer rights to the certlficate holder in lieu of such endorsement(s). PRODUCER Wilson and Company Insurance Services, Inc. 401 B Street, Suite 2340 San Diego, CA 92101 CONTACT Alice Wilson NAME: PHONE FAX (AIC, No, Ext): (619) 483 0200 2 I (A/C, No): E-MAIL ADDRESS: p Y slice wilsonandcom an insurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:American States Ins. Co. INSURED South Bay Community Services 430 F Street Chula Vista, CA 91910-3711 INSURER B:Zenith Insurance Company INSURER C : General Ins. Co. of America INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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 TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMfDDJYYYY) POLICY EXP (MMfDDNYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X 01 C138296910 7/8/2020 7/8/2021 EACH OCCURRENCE 1,000,000 $ X CLAIMS -MADE OCCUR DAMAGE TO D PREMISES Ea occurrence) $ 1,000,000 X Retro Date 7/1 /92 MED EXP (Any one person) $ 20,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER. LIMIT APPLIES ,Pj�T PER: X LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS-COMP/OPAGG $ 3,000,000 $ A AUTOMOBILE X - _ LIABILITY ANY AUTO OWNED AUTOSRREE��ONLY TOS ONLY _ SCHEDULED AUTOS AUTOS ONLY X 01C188475040 7/8/2020 7/8/2021 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ BODILY (Perr ac dent -GE $ $ A X UMBRELLA LIAB EXCESS LIAB _ X OCCUR CLAIMS -MADE X 01 XS15986310 7/8/2020 7/8/2021 _EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 DED RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory lnNH) If yes, describe under DESCRIPTION OF OPERATIONS below Y N N /A X Z135552502 1/1/2020 1/1/2021 X STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE- POLICY LIMfl 1,000,000 $ C C Errors & Omissions Errors & Omissions CM77451482 CM77451482 7/8/2020 7/8/2020 7/8/2021 7/8/2021 Per Claim Aggregate 1,000,000 3,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Sexual Misconduct including Physical Abuse $1,000,000 Per Claim $3,000,000 Aggregate included Policy # 01C138296900 7/8/20/7/8/21 Cyber Liability $2,000,000 Limit $2,000,000 Aggregate Philadelphia Indemnity Insurance Company PHS D1495459 11/14/19-11/14/20 30 Day Notice of Cancellation Applies except 10 Day for Non Payment of Premium SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION City of National City ** Risk Manager 1243 National City Blvd. National City, CA 91950 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 (2016103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD AGENCY CUSTOMER ID: SOUTBAY-11 AWILSON LOC #: 1 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Wilson and Com pany Insurance Services, Inc. NAMED INSURED 430 F St eeCommunity Services Chula Vista, CA 91910-3711 POLICY NUMBER SEE PAGE 1 CARRIER SEE PAGE 1 NAIC CODE SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: The Certificate Holder is added as Additional Insured for GeneralLiability but only as their interest may appear with respect to the operations of the Named Insured per form CG76350207 attached. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD t ibertv Agen<y Underwriters„ kelto COMMERCIAL GENERAL LIABILITY CG 76 35 02 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: PER WRITTEN CONTRACT ADDITIONAL INSURED — BY WRITTEN CONTRACT, AGREEMENT OR PERMIT, OR SCHEDULE The following paragraph Is added to WHQ IS AN INSURED (Section II): 4. Any person or organization shown in the Sched- ule .y�,urr jir o, r� i'`iit :ii it, 1iP l:9 holi ,'.1i it 1117s`Il �'�i l`� Y'ri II'r i a - Uli`l> j-oif111z `.ukt r-10 a. The contract, agreement or permit must be in effect during the policy period shown in the Declarations, and must have been exe- cuted prior to the "bodily injury", "property damage", or "personal and advertising injury". b. The person or organization added as an in- sured by this endorsement is an insured only to the extent you are held liable due to: (1) The ownership, maintenance or use of that part of premises you own, rent, lease or occupy, subject to the following additional provisions: (a) This insurance does not apply to any "occurrence" which takes place after you cease to be a tenant in any premises leased to or rented to you; (b) This insurance does not apply to any structural alterations, new con- struction or demolition operations performed by or on behalf of the person or organization added as an insured; (2) Your ongoing operations for that in- sured, whether the work is performed by you or for you; (3) The maintenance, operation or use by you of equipment leased to you by such person or organization, subject to the following additional provisinr (a) Thls insurance does not apply to any "occurrence" which takes place after thn arfuIpmnnt lnacr4 nxpirns; Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 CG 75 35 02 07 Page 1 of 4 EP (b) This insurance does not apply to "bodily injury" or "property dam- age" arising out of the sole negli- gence of such person or organization; (4) Permits issued by any state or political subdivision with respect to operations performed by you or on your behalf, subject to the following additional pro- vision: This Insurance does not apply to 'bodily Injury", "property damage". or "personal and advertising injury" arising out of operations performed for the state or municipality. c. The insurance with respect to any architect, engineer, or surveyor added as an insured by this endorsement does not apply to "bodily Injury", "property damage", or "per- sonal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, includ- ing: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specifications; and (2) Supervisory, inspection or engineering services. d. This insurance does not apply to "bodily injury" or "property damage" included within the "products -completed operations haz- ard". A person's or organization's status as an insured un- der this endorsement ends when your operations for that insured are completed. No coverage will be provided if, in the absence of this endorsement. no liability would be Imposed by law on you. Coverage shall be limited to the extent of your negligence or fault according to the applicable princi- ples of comparative fault. NON -OWNED WATERCRAFT AND NON -OWNED AIRCRAFT LIABILITY Exclusion g. of COVERAGE A (Section I) is replaced by the following: g. "Bodily injury" or `property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes oper- ation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing In the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily Injury" or "property damage" involved the ownership, mainte- nance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any in- sured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge; Parking an "auto" on, or on the ways next to, premises you own or rent, pro- vided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, mainte- nance or use of aircraft or watercraft; or "Bodily injury" or "property damage" arising out of. (3) (5) (a) the operation of machinery or equipment that is attached to, or part nf, a land vehir.IP that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor ve- hicle Insurance law in the state where It Is licensed or principally garaged: or (b) the operation of any of the machin- ery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". (6) An aircraft you do not own provided it is not operated by any insured. TENANTS' PROPERTY DAMAGE LIABILITY When a Damage To Premises Rented To You Limit is shown in the Declarations. Exclusion J. of Coverage A, Section I is replaced by the following: j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or Page 2 of 4 any other person, organization or entity, for repair, replacement, enhancement, restora- tion or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; Property loaned to you; (3) (4) Personal property in the care, custody or control of the insured; That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations, or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the con- tents of such premises, rented to you. A separate limit of insurance applies to Damage To Prem- ises Rented To You as described in Section III — Limits Of Insurance. (5) Paragraph (2) of this exclusion does not apply it the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a side- track agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". Paragraph 6. of UMITS OF INSURANCE (Section 11I) Is replaced by the following: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay un- der Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. WHO IS AN INSURED — MANAGERS The following is added to Paragraph 2.a. of WHO IS AN INSURED (Section II): Paragraph (1) does not apply to executive officers, or to managers at the supervisory level or above. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B — BAIL BONDS — TIME OFF FROM WORK Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is replaced by the following: d. All reasonable expenses incurred by the in- sured at our request to assist us in the in- vestigation or defense of the claim or "suit, including actual loss of earnings up to $500 a day because of time off from work. EMPLOYEES AS INSUREDS — HEALTH CARE SERVICES Provision 2.a.(1)(d) of WHO IS AN INSURED (Section II) is deleted, unless excluded by separate endorse- ment. EXTENDED COVERAGE FOR NEWLY ACQUIRED ORGANIZATIONS Provision 3.a. of WHO IS AN INSURED (Section II) is replaced by the following: a. Coverage under this provision is afforded only until the end of the policy period. EXTENDED "PROPERTY DAMAGE" Exclusion a. of COVERAGE A (Section I) is replaced by the following: a. "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. CG 75 35 02 07 Page 3 of 4 EP 6LR_LIF 117 iS.RR11,17IN11.7d70.ff1d4LR EXTENDED DEFINITION OF BODILY INJURY Paragraph 3. of DEFINITIONS (Section V) is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. AGGREGATE LIMITS OF INSURANCE — PER LOCATION For all sums which the insured becomes legally obli- gated to pay as damages caused by "occurrences" under COVERAGE A (Section I), and for all medical expenses caused by accidents under COVERAGE G (Section I), which can be attributed only to operations at a single 'location": Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- tion III) apply separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway, or right-of-way of a railroad. INCREASED MEDICAL EXPENSE LIMIT The Medical Expense Limit is amended to $10,000. KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Knowledge of an `occurrence", claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The following is added to Paragraph 6. Representa- tions of COMMERCIAL GENERAL LIABILITY CONDI- TIONS (Section IV): If you unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. LIBERALIZATION CLAUSE The following paragraph is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): 10. If a revision to this Coverage Part, which would provide more coverage with no additional pre- mium, becomes effective during the policy period in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. Page 4 of 4 as o_uc-raana. oainrrnn i.,,aiarnaa.c REPRINTED FROM THE FORMS LIBRARY.` isu' nce COMMERCIAL AUTO CA 71 10 03 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATION CONDITION BLANKET ADDITIONAL INSURED Paragraph 2.b. of the CANCELLATION Common Policy Condition is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. TEMPORARY SUBSTITUTE AUTO — PHYSICAL DAMAGE COVERAGE Under paragraph C. — CERTAIN TRAILERS, MO- BILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS of SECTION 1 — COVERED AUTOS, the following is added: If Physical Damage coverage is provided by this Cov- erage Form, then you have coverage for: Any "auto" you do not own while used with the per- mission of its owner as a temporary substitute for a covered "auto" you own that is out of service be- cause of its breakdown, repair, servicing, "loss" or destruction. BROAD FORM NAMED INSURED SECTION II — LIABILITY COVERAGE — A.1. WHO IS AN INSURED provision is amended by the addition of the following: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisi- tion or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. SECTION II — LIABILITY COVERAGE — A.1. WHO IS AN INSURED provision is amended by the addition of the following: e. Any person or organization for whom you are re- quired by an `insured contract" to provide insur- ance is an "insured", subject to the following additional provisions: (1) The "insured contract" must be in effect during the policy period shown in the Decla- rations, and must have been executed prior to the "bodily injury" or "property damage". (2) This person or organization is an "insured" only to the extent you are liable due to your ongoing operations for that insured, whether the work is performed by you or for you, and only to the extent you are held liable for an "accident" occurring while a covered "auto" is being driven by you or one of your em- ployees. There is no coverage provided to this person or organization for `bodily injury" to its em- ployees, nor for "property damage" to its property. (4) Coverage for this person or organization shall be limited to the extent of your negli- gence or fault according to the applicable principles of comparative negligence or fault. The defense of any claim or "suit" must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide insurance for such claim or "suit". (3) (5) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CA 71 10 03 07 Page 1 of 6 Sa`eco and the Safeco logo are registered trademarks of Safeco Corporation EP '•'. REPRINTED FROM THE FORMS LIBRARY (6) The coverage provided will not exceed the lesser of: (7) (a) The coverage and/or limits of this policy; or (b) The coverage and/or limits required by the "insured contract". A person's or organization's status as an "insured" under this subparagraph d ends when your operations for that "insured" are completed. EMPLOYEE AS INSURED Under Paragraph A. of Section II — LIABILITY COV- ERAGE item f. is added as follows: Your "employee" while using his owned "auto", or an "auto" owned by a member of his or her household, in your business or your personal affairs, provided you do not own, hire or borrow that "auto". This coverage is excess to any other collectible insurance coverage. FELLOW EMPLOYEE COVERAGE Exclusion 5. FELLOW EMPLOYEE of SECTION II — LIABILITY COVERAGE — B. EXCLUSIONS is amended by the addition of the following: However, this exclusion does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire, and provided that any coverage under this provision only applies in excess over any other collectible insurance. BLANKET WAIVER OF SUBROGATION We waive the right of recovery we may have for pay- ments made for `bodily injury" or "property damage" on behalf of the persons or organizations added as `Insureds" under Section II — LIABILITY COVERAGE — A.1.D. BROAD FORM NAMED INSURED and A.1.e. BLANKET ADDITIONAL INSURED. PHYSICAL DAMAGE — ADDITIONAL TRANS- PORTATION EXPENSE COVERAGE The first sentence of paragraph A.4. of SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: We will pay up to $50 per day to a maximum of S1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVER- AGE, A.4. COVERAGE EXTENSIONS, is amended by adding the following: c. Personal Effects Coverage For any Owned "auto" that is involved in a covered "loss", we will pay up to S500 for "personal effects" that are lost or damaged as a result of the covered "loss", without applying a deductible. EXTRA EXPENSE — BROADENED COVERAGE Paragraph A. — COVERAGE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add: 5. We will pay for the expense of returning a stolen covered "auto" to you. AIRBAG COVERAGE Under paragraph B. — EXCLUSIONS of SECTION I11 — PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. NEW VEHICLE REPLACEMENT COST Under Paragraph C — LIMIT OF INSURANCE of Section III — PHYSICAL DAMAGE COVERAGE sec- tion 2 is amended as follows: 2. An adjustment for depreciation and physical con- dition will be made in determining actual cash value in the event of a total loss. However, in the event of a total loss to your "new vehicle" to which this coverage applies, as shown in the declarations, we will pay at your option: a. The verifiable "new vehicle" purchase price you paid for your damaged vehicle, not in- cluding any insurance or warranties pur- chased; b. The purchase price, as negotiated by us, of a new vehicle of the same make, model and equipment, not including any furnishings, parts or equipment not installed by the manufacturer or manufacturer's dealership. If the same model is not available pay the purchase price of the most similar model available; Page 2 of 6 ***' REPRINTED FROM THE FORMS LIBRARY "" c. The market value of your damaged vehicle, not including any furnishings, parts or equip- ment not installed by the manufacturer or manufacturer's dealership. This coverage applies only to a covered "auto" of the private passenger, Tight truck or medium truck type (20,000 Ibs or less gross vehicle weight) and does not apply to initiation or set up costs associated with loans or leases. TWO OR MORE DEDUCTIBLES Under SECTION III — PHYSICAL DAMAGE COV- ERAGE, if two or more "company" policies or cover- age forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deduct- ible is the smaller (or smallest) deduct- ible it will be waived; or b. If the applicable Business Auto deduct- ible is not the smaller (or smallest) de- ductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Busi- ness Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement "company" means: a. Safeco Insurance Company of America b. American States Insurance Company c. General Insurance Company of America d. American Economy Insurance Company e. First National Insurance Company of America f. American States Insurance Company of Texas g. American States Preferred Insurance Company h. Safeco Insurance Company of Illinois LOAN/LEASE GAP COVERAGE Under paragraph C — LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: 4. The most we will pay for a total "loss" in any one "accident" is the greater of the following, subject to a S1,500 maximum limit: a. Actual cash value of the damaged or stolen property as of the time of the `loss", less an adjustment for depreciation and physical condition; or b. Balance due under the terms of the loan or lease that the damaged covered "auto" is subject to at the time of the `loss", less any one or all of the following adjustments. (1) Overdue payment and financial penalties associated with those payments as of the date of the "loss". (2) Financial penalties imposed under a lease due to high mileage, exces- sive use or abnormal wear and tear. (3) Costs for extended warranties, Cre- dit Life Insurance, Health. Accident or Disability Insurance purchased with the loan or lease. (4) Transfer or rollover balances from previous loans or leases. Final payment due under a `Balloon Loan". (5) (6) The dollar amount of any un-repaired damage that occurred prior to the "total loss" of a covered "auto". (7) (8) (9) Security deposits not refunded by a lessor. All refunds payable or paid to you as a result of the early termination of a lease agreement or any war- ranty or extended service agree- ment on a covered "auto". Any amount representing taxes. (10) Loan or lease termination fees GLASS REPAIR — WAIVER OF DEDUCTIBLE Under paragraph D. — DEDUCTIBLE of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. AMENDED DUTIES IN THE EVENT OF ACCI- DENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITION 2.a. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS — of SECTION IV — BUSINESS AUTO CONDITIONS that you must notify us of an CA 71 10 03 07 Page 3 of 6 EP '"" REPRINTED FROM THE FORMS LIBRARY "" "accident" applies only when the "accident" is known to: (1) (2) (3) You, if you are an individual; A partner, if you are a partnership; or An executive officer or insurance manager, if you are a corporation. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV — BUSINESS AUTO CONDITIONS — B.2. is amended by the addition of the following: If you unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. HIRED AUTO — LIMITED WORLD WIDE COVER- AGE Under Section IV — Business Conditions, Paragraph B.7.b.e(1) is replaced by the following: (1) The "accident" or "loss" results from the use of an "auto" hired for 30 days or less. RESULTANT MENTAL ANGUISH COVERAGE SECTION V — DEFINITIONS — C. is replaced by the following: "Bodily injury" means bodily injury, sickness or dis- ease sustained by a person including mental anguish or death resulting from any of these. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability cov- erage and if Comprehensive, Specified Causes of Loss or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow. The most we will pay for loss to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The de- ductible will be equal to the largest deductible appli- cable to any owned "auto" of the private passenger or Tight truck type for that coverage. Hired Auto Phy- sical Damage coverage is excess over any other col- lectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. HIRED AUTO PHYSICAL DAMAGE COVERAGE — LOSS OF USE SECTION III — PHYSICAL DAMAGE A.4.b. Form does not apply. Subject to a maximum of $1,000 per accident, we will cover Toss of use of a hired "auto" if it results from an accident, you are legally liable and the lessor in- curs an actual financial loss. RENTAL REIMBURSEMENT COVERAGE A. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" be- cause of a covered "loss" to a covered "auto". Payment applies in addition to the otherwise ap- plicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. 2. 30 days. C. Our payment is limited to the lesser of the fol- lowing amounts: 1. Necessary and actual expenses incurred. 2. $50 per day. D. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. E. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not al- ready provided for under the PHYSICAL DAM- AGE COVERAGE Coverage Extension. F. The Rental Reimbursement Coverage described above does not apply to a covered "auto" that is described or designated as a covered "auto" on Page 4 of 6 REPRINTED FROM THE FORMS LIBRARY '*** Rental Reimbursement Coverage Form CA 99 23. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. Coverage 1. We will pay with respect to a covered "auto" for "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss„ or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss„, and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto". 2. We will pay with respect to a covered "auto" for "loss" to any accessories used with the electronic equipment described in paragraph A.1. above. However, this does not include tapes, records or discs. 3. If Audio, Visual and Data Electronic Equip- ment Coverage form CA 99 60 or CA 99 94 is attached to this policy, then the Audio, Vi- sual and Data Electronic Equipment Cover- age described above does not apply. B. Exclusions The exclusions that apply to PHYSICAL DAM- AGE COVERAGE, except for the exclusion relat- ing to Audio, Visual and Data Electronic Equipment, also apply to this coverage. In addi- tion, the following exclusions apply: We will not pay for either any electronic equip- ment or accessories used with such electronic equipment that is: 1. Necessary for the normal operation of the covered "auto" for the monitoring of the covered "auto's" operating system; or 2. Both: a. an integral part of the same unit housing any sound reproducing equipment de- signed solely for the reproduction of sound if the sound reproducing equipment is permanently installed in the covered "auto"; and b. permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. C. Limit of Insurance With respect to this coverage, the LIMIT OF IN- SURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following: 1. The most we will pay for "loss" to audio, vi- sual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. c. $1,000. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible 1. If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a `loss" to the covered "auto" under the Business Auto Coverage Form's Comprehensive or Colli- sion Coverage, then for each covered "auto" our obligation to pay for, repair, return or re- place damaged or stolen property will be re- duced by the applicable deductible shown in the Declarations. Any Comprehensive Cov- erage deductible shown in the Declarations does not apply to "loss" to audio, visual or data electronic equipment caused by fire or. lightning. 2. If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a "loss" to the covered "auto" under the Business Auto Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a S100 deductible. 3. If "loss" occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment, then for each cov- ered "auto" our obligation to pay for, repair, CA 71 10 03 07 Page 5 of 6 EP "" REPRINTED FROM THE FORMS LIBRARY "" return or replace damaged or stolen property will be reduced by a S100 deductible. 4. In the event that there is more than one ap- plicable deductible, only the highest deduct- ible will apply. In no event will more than one deductible apply. SECTION V — DEFINITIONS is amended by adding the following: Q. "Personal effects" means your tangible property that is worn or carried by you, ex- cept for tools, jewelry, money, or securities. R. "New vehicle" means any "auto" of which you are the original owner and the "auto" has not been previously titled and is less than 365 days past the purchase date. Page 6 of 6 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY • BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us. The additional premium for this endorsement shall be 2.00% of the California workers compensation premium otherwise due. Minimum Premium: $0 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01/01/2020 Insured SOUTH BAY COMMUNITY SERVICES, INC. Policy No. Z135552502 Policy Period 01/01/2020 To 01/01/2021 Issued On 12/2312019 At San Diego, CA WC-99-04-25B (Ed. 10-07) ZENITH INSURANCE COMPANY - 13145 Endorsement No. 15 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY The ith' BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us. The additional premium for this endorsement shall be 2.00% of the California workers compensation premium otherwise due. Minimum Premium: $0 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01/01/2020 Insured SOUTH BAY COMMUNITY SERVICES, INC. Policy No. Z135552502 Policy Period 01/01/2020 To 01/01/2021 Issued On 12/23/2019 At San Diego, CA WC-99-04-25B (Ed. 10-07) ZENITH INSURANCE COMPANY - 13145 Endorsement No. 15 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 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. 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: Micael R. Dalla,/¢ity Clerk APPROVED AS TO Angil 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: �R 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.nationalcityca.gov/cdbq-home. Page 1 of 1 291 of 419 Attachment No. 2 +— CALIFORNIA , 'fIONAL Orr `-Wcnrcroa,�'re� � 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 billion 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, prepare for, and respond to the coronavirus. Funds are intended to primarily serve low and moderate -income residents and 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 1 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: 1' Zq From (Dept.): Housing Authority Submitted by (First & Last Name): Angelita Palma Vendor: San Ysidro Health Resolution: YES / NO 0O Resolution No. (if applicable): 2020-119 OttO 3 4 Originals Provided to City Clerk (Select Quantity) 4p EDepartment has Copy / Duplicate Original III Vendor has Copy / Duplicate Original