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Staff Report

Simi Valley City Council
October 24, 2022

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Staff Report
Meeting
October 24, 2022
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Simi Valley City Council
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Text extracted from the city's file for reading and search. Open the original on simivalley.granicus.com. That file is the official record.

CITY OF SIMI VALLEY

MEMORANDUM
O
ctober 24, 2022
TO
: City Council
F
ROM: Office of the City Manager
S
UBJECT: APPROVAL OF A COVID-19 COMMUNITY RECOVERY GRANT

CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND THE FREE

CLINIC OF SIMI VALLEY

STAFF RECOMMENDATION
I
t is recommended the City Council approve the COVID -19 Community Recovery Grant contract (page 5) between the City of Simi Valley and the Free Clinic of Simi Valley for a not to exceed amount of $ 105,795 and authorize the City Manager to execute the contract.

BACKGROUND AND OVERVIEW
T
he American Rescue Plan Act (ARPA) allocated $15,325,294 to the City of Simi Valley.

The ARPA has specific categories and uses for utilization of the funds, in addition to offsetting revenue losses that may have been encountered by the City as a result of the COVID-19 pandemic. On May 9, 2022, the City Council approved the distribution of the ARPA funds to various projects as identified in the Project List in compliance with the ARPA “Final Rule.”
T
he ARPA Final Rule allows cities to claim ARPA funds to offset revenue losses; which funds are then transferred to the City’s General Fund and used for various purposes. The City has already claimed $10 million as a standard deduction, and on August 22, 2022, City Council approved the claiming of an additional $3.7 million in ARPA funds as revenue loss. Although estimates are preliminary in nature, staff is anticipating that the City will be able to claim the full ARPA allocation (an additional $1.6 million) as revenue loss after Calendar Year 2022 concludes.

A
RPA funds claimed for revenue loss, and subsequently transferred to the General Fund, are expended as General Fund monies and not ARPA funds. Once ARPA funds are deemed as loss revenue, public a gencies can utilize funds for general services such as health and public services and agencies have the most discretion for the use of funds. Given the nature and purpose of the various classifications in the approved Project List, staff determined that distribution of these funds could be achieved through the creation of a COVID -19 Community Recovery Grant Program as funding designations greatly assist both the non-profits and agencies AGENDA ITEM NO.

9A
2 that serve Simi Valley residents and businesses who continue to recover from the impacts of COVID-19.

Staff is recommending that the City Council approve the COVID -19 Community Recovery Grant contract with the Free Clinic of Simi Valley.

FINDINGS AND ALTERNATIVES

On May 9, 2022, the City Council approved a list of projects to allocate the ARPA funds.

The project list also identified potential recipients of the funds based on organizations that have been impacted by COVID -19 or provide services to those that have been and continue to be affected by COVID-19. Now utilizing General Fund monies , staff has created a simplified COVID -19 Community Recovery Grant Program contract that will better serve the Project List recipients. The contracts and reporting requirements for this program mirror the City’s existing Community Project Grant program. Similar to the Community Projects Grant program, s taff will return annually to the City Council with a staff report of the recipient’s progress to re-evaluate the distribution of the funds and the needs at the time.

One of the many non- profits identified in the approved Project List is the Free Clinic of Simi Valley . The Free Clinic of Simi Valley’s mission is to provide medical care, counseling, dental and legal assistance to individuals and families in need, regardless of their ability to pay. They provide a wide array of services and resources , including medical, legal, counseling and dental services for all ages, ethnicities, religions and socioeconomic backgrounds, who are unable to use traditional sources within the community. On average, the Free Clinic reaches over 1,000 counseling patients each year. Typically, the clients of the Clinic are the uninsured and the underserved.

The COVID-19 pandemic has exacerbated many of the factors that can result in stress and anxiety and the Free Clinic is seeing increased requests from the community to address critical needs related to behavioral health care, such as counseling and safe play therapy options for children.

To address the increase in behavioral he alth care services, the Free Clinic submitted a proposal requesting financial assistance, which will be funded under a COVID-19 Community Recovery Grant Program contract. A budget summary, which combats the stress and anxiety impacts of the COVID -19 pandemic on the population that the Free Clinic serves, is outlined below:

1. Vulnerable Population for Case Management and Behavioral Health Care Services:
- Open-air Counseling Space and Outdoor Natural Play Therapy Area ($74,695) Dual-purpose open-air space for counselors to provide clients with the skills necessary to deal with emotional and environmental issues.

3 - Exterior Cement Block Wall ($31,100) - Removal and replacement of 201 Linear Feet of cinderblock wall, including the hauling and disposal of construction debris, surrounding the Open- Air Counseling and Outdoor -Natural Play Therapy Area to provide important sound and sight confidentiality while meeting current construction standards.

Total Funding Allocation: $105,795

The Free Clinic has identified that $105,795 will be needed to create the creation of an open-air counseling space and outdoor natural play therapy area and replace the deteriorating block wall, which will provide privacy to those individuals seeking therapy.

This dual-purpose space area will allow for the Free Clinic to see patients in-person rather than via Telehealth/online therapy. The outdoor counseling space will also enhance the Free Clinic’s counseling program over all and will address the specific needs of the patients served by the Free Clinic each year. This new innovative area will support the Simi Valley community and will continue to help those dealing with the long-term impacts of the COVID -19 pandemic. The details of the outdoor natural play therapy area are broken down in the attached Free Clinic Budget Proposal (Exhibit A, page 10).

Staff will be working directly with the Free Clinic to determine the preferred payment schedule from the grant allocation ( one time, monthly or quarterly draws) after the execution of this one-year contract. The Free Clinic will also be responsible for providing a Performance Report upon completion of the projects , documenting all expenditure activity through the completion of the term of this contract , and providing regular status updates to ensure progress toward the goals and activities and identify any barriers to the completion of the overall scope of work.

The following alternatives are available to the City Council:

1. Approve the COVID-19 Community Recovery Grant contract between the City of Simi Valley and the Free Clinic of Simi Valley for a not-to-exceed amount of $105,795;

2. Modify and approve the COVID-19 Community Recovery Grant contract between the City of Simi Valley and the Free Clinic of Simi Valley;

3. Provide further direction to staff.

Staff recommends Alternative No. 1.

SUGGESTED CITY COUNCIL MOTION

I move to approve the COVID-19 Community Recovery Grant contract between the City of Simi Valley and the Free Clinic of Simi Valley for a not-to-exceed amount of $105,795 and authorize the City Manager to execute the contract.

4 SUMMARY
T
he American Rescue Plan Act (ARPA) allocated $15,325,294 to the City of Simi Valley.

On May 9, 2022, the City Council approved the distribution of the ARPA funds to various projects in compliance with the ARPA Final Rule, which includes a funding allocation to the Free Clinic of Simi Valley. The City has already claimed $10 million as a standard deduction, and on August 22, 2022, City Council approved the claiming of an additional $3.7 million in ARPA funds as revenue loss, which is transferred to the General Fund.

Given the utilization of G eneral Fund monies, staff determined that distribution of these funds could be achieved through the creation of a COVID-19 Community Recovery Grant Program agreement.

T
he Free Clinic’s request for financial assistance addresses a variety of critical needs either resulting from or exacerbated by COVID -19. Funding will be distributed over the course of the year per the attached Free Clinic’s Funding Budget Proposal, and used for the two primary categories: outdoor counseling for adults and safe play therapy options for counselors working with children. Staff recommends the City Council approve the COVID-19 Community Recovery Grant contract between the City of Simi Valley and the Free Clinic of Simi Valley for a not-to-exceed amount of $105,795 and authorize the City Manager to execute the contract.
___
_________________________________
Linda Swan
Assistant City Manager
P
repared by: Heidi DiNardo, Management Analyst
INDEX Page
C
OVID-19 Community Recovery Grant Contract ............................. 5 Attachment A – Free Clinic’s Grant Cover Letter ........................... 31 CONTRACT FOR THE COVID-19 COMMUNITY

RECOVERY GRANT BETWEEN THE CITY OF SIMI

VALLEY AND THE FREE CLINIC OF SIMI VALLEY

THIS CONTRACT is made and entered into this 24th day of October 2022 (the “Effective Date”), by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and FREE CLINIC OF SIMI VALLEY, a non -profit organization , hereinafter referred to as GRANTEE.

Pursuant to CONTRACT, CITY hereby agrees to provide this funding in accordance with the following terms and conditions:

1. PURPOSE
CITY has created a COVID -19 Community Recovery Grant Program (Program) to provide financial assistance to local non-profit organizations, government agencies, and public/private partnerships that serve the vulnerable population of the community and support the City’s business community. The Program is designed to help strengthen local non -profits and the services they provide as their organization and the population served continue to recover from the negative impacts of the COVI D-19 pandemic. Pursuant to action taken by the City Council of the City of Simi Valley on August 22, 2022, the City is allocating grant funds as proposed to be used for an activity as further set forth in the GRANTEE’s Scope of W ork, attached hereto as Ex hibit A and incorporated into this CONTRACT herein by reference.

2. TERM
The term of the Contract will shall be from the Effective Date through December 31, 2023.

3. GRANT AWARD
It is agreed and understood that the total amount to be paid by CITY to GRANTEE under this CONTRACT shall not exceed $ 105,795 over the term of this CONTRACT.

3. PERMITS AND LICENSES
GRANTEE, at its sole expense, will obtain and maintain during the term of this contract, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

4. GRANT PAYMENTS
City will provide Grantee with an amount not to exceed $ 105,795 in accordance with the “Schedule of Compensation” that is attached hereto as “Exhibit B”. Prior to initial payment, Grantee will provide CITY with a copy of their Business Tax Certificate and provide their Taxpayer Identification Number.

5 5. PERFORMANCE REPORT
GRANTEE agrees to submit to CITY a bi-annual Performance Report by the end of April 2022, via E -mail to Heidi DiNardo at HDiNardo @simivalley.org. Reports shall be submitted after six months with expenditure activity through completion of the scope of work or the Term, as requested by CITY. The report shall include a status update for the GRANTEE’s progress toward the goals and activities described in the GRANTEE’s scope of work (Exhibit A) including current grant expenditures, cumulative grant expenditures, and any barriers to completion of the project’s scope of work.

6. FINANCIAL AUDIT
CITY shall have the option of inspecting and/or auditing all records and other written materials used by GRANTEE in its use of grant funding. GRANTEE is required to retain all related financial statements and documentation for a minimum of five years from the date of completion as noted in the final accepted quarterly report.

7. FISCAL RESPONSIBILITIES
A. Grantee will appoint and submit the name of a fiscal agent who will be responsible for the financial and accounting activities of GRANTEE, including the receipt and disbursement of the GRANT.

B. Grantee to d ocument all costs by maintaining complete and accurate records of all financial transactions, including, without limitation, contracts, invoices, time cards, cash receipts, vouchers, canceled chec ks, payroll reports, bank statements and/or other official documentation evidencing in proper detail the nature and propriety of all charges.

C. City will pay Grantee progress payment s or advance funding at the time and in the manner set forth in Exhib it “B.” Grantee will submit reasonable back-up documentation as specified by City with any request for payment.

D. City and Grantee to mutually agree on preferred payment schedule (monthly, quarterly, or bi-annual draws) after execution of contract.

8. TERMINATION

A. CITY may, at its sole discretion, terminate this Agreement and GRANTEE’s funding upon ninety (90) days written notice that adequate CITY funding is not available for payment.

B. CITY may terminate Agreement subject to GRANTEE’s right to correct its default.

6 C. Upon suspension or termination of this Agreement by CITY, CITY will not be obligated to pay GRANTEE except for services previously performed for which payment was not previously made.

D. Upon suspension or termination, GRANTEE will

i. Be paid for all completed services in accordance with the GRANTEE’s scope of work to the date of such suspension or termination.

ii. Promptly forward to CITY any and all copies of studies, reports and other data, whether or not completed, prepared by GRANTEE or its subcontractors, if any, in connection with this Agreement. Such materials will become CITY’s property. GRANTEE, however, will not be liable for CITY’s use of incomplete materials or for CITY’s use of complete documents if used for other than the services contemplated by this Agreement.

9. REPAYMENT OF GRANT FUNDS
The CITY shall have the option of requiring repayment of a portion or all of the grant funds based upon the result of any financial audits or lack of performance.

Should GRANT monies re main unspent upon termination of this Agreement, GRANTEE must return such funds to CITY within thirty (30) calendar days of the expiration of the term, or make a request in writing to keep those funds. Such a request will be submitted to the City Manager and must be received not later than thirty (30) calendar days prior to the expiration of the term.

10. HOLD HARMLESS AND INDEMNIFICATION
GRANTEE shall defend, indemnify, and hold harmless CITY and its agents, officials, officers, representatives, and emp loyees from and against all claims, lawsuits, liabilities, or damages of whatever nature arising out of or in connection with, or relating in any matter to, any act or omission of GRANTEE, its agents, employees, and subcontractors, and employees thereof, p ursuant to the performance or non -performance of this CONTRACT. GRANTEE shall thoroughly investigate any and all claims and indemnify CITY and do whatever is necessary to protect CITY and its agents, officials, officers, representatives, and employees as to any such claims, lawsuits, liabilities, expenses, or damages arising out of this CONTRACT. GRANTEE must select an attorney acceptable to CITY who will defend such proceeding, and CITY will control any litigation thereof. Such approval by CITY will not be unreasonably withheld.

11. AUTHORIZATION
Each party has expressly authorized the execution of this CONTRACT on its behalf to bind each party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employ ees, successors, assigns, 7 principals, partners, joint ventures, insurance carriers, and any others who may claim through it, to this CONTRACT.

11. INSURANCE
GRANTEE will provide CITY with proof of ins urance as set forth in attached Exhibit “C,” which is incorporated herein.

12. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: City of Simi Valley
City Manager’s Office
Attn: Heidi DiNardo, Management Analyst
2929 Tapo Canyon Road
Simi Valley, CA 93063
TO GRANTEE: Free Clinic of Simi Valley
Attn: Fred Bauermeister, Executive Director
Simi Valley, CA 93065
8 12. AMENDMENTS
Any amendment, modif ication, or variation from the terms of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by City Manager and GRANTEE.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year above written.

Attest: City of Simi Valley, A Municipal Corporation

By:

Lucy Blanco, City Clerk Brian Paul Gabler, City Manager

Approved as to Form:

By:

David Caceres, City Attorney

Approved as to Content: Print Name:

Title:

Linda Swan, Assistant City Manager

9 EXHIBIT A

SCOPE OF WORK
FOR USE OF CITY OF SIMI VALLEY’S COVID-19 COMMUNITY RECOVERY GRANT FUNDS
Outdoor and Natural Play
Area
$74,695 Page 11 – (Contractor’s Estimate–
Swink’s Creations, Inc.)
Removal and Replacement
of brick wall
$31,100 Page 20 – (Contractor’s Estimate –
American Masonry & General
Contracting)
10 11
12 13
14 15
16 17
18 19
20 21
22 23
Exhibit “B”

SCHEDULE OF COMPENSATION

The Free Clinic of Simi Valley

1. BILLING: By the 15th of each month, quarter, or bi-annual draw, Grantee will submit a Request for Funding to City and supporting documentation that are required by the Agreement. Grantee will submit invoice to the City at the following address:

City of Simi Valley
City Manager’s Office
2929 Tapo Canyon Road
Simi Valley, CA 93063

The invoice must be submitted on the City’s billing and reporting form (Attachment “B-1”) and must include the following:

(a) Supporting documentation to substantiate request for funding;

(b) A subtotal sheet enumerating all charges, and

(c) A brief report on the progress that has been made or that will be made in implementation of the Project and persons served.

2. TIME OF PAYMENT: City will make payment to Grantee after receipt of invoice and City’s approval of the invoice.

3. MAXIMUM COMPENSATION: Notwithstanding the foregoing, Grantee will complete all work and tasks described in Exhibit “A” for a total amount of compensation that does not exceed $105,795, which includes all out-of-pocket expenses.

24 1st Quarter
Date received:

Ins. Exp. Date:

Organization: Vendor #:

Program Name: Approved by:

Mailing Address:

Billing Period:

Contact Name: Fred Bauermeister, Executive Director
Grant Category: Contact #:

Budget
2022-23 Requested
Previous
Requests Balance

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00
Personnel
Salaries/Wages
COVID-19 Community Recovery Grant
2003 Royal Avenue, Simi Valley CA 93065
Behavioral Health
Non-Personnel
COVID-19 COMMUNITY RECOVERY GRANT
FUNDING REQUEST FY 2022-23
805-522-3733
Sub-Total Personnel

TO BE COMPLETED BY CITY STAFF
Certification:

I hereby certify that the expenditures reported for reimbursement by the City of Simi Valley represent a true and accurate ac
counting of expenditures incurred during the period and that these costs are consistent with the executed contract with the C
ity.

A
uthorized Signature:_________________________________________ Date:________________________________ Name: ______________________________________ Title:_______________________________________________ Free Clinic of Simi Valley
Grand Total
Sub-Total Non-Personnel
25 EXHIBIT B-1
2nd Quarter
Date received:

Ins. Exp. Date:

Organization: Vendor #:

Program Name: Approved by:

Mailing Address:

Billing Period:

Contact Name: Fred Bauermeister, Executive Director
Grant Category: Contact #:

Budget
2022-23 Requested
Previous
Requests Balance

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00
COVID-19 COMMUNITY RECOVERY GRANT
FUNDING REQUEST FY 2022-23

TO BE COMPLETED BY CITY STAFF
Free Clinic of Simi Valley
COVID-19 Community Recovery Grant
2003 Royal Avenue, Simi Valley CA 93065
Behavioral Health 805-522-3733
Personnel
Salaries/Wages
Sub-Total Personnel
Non-Personnel

Sub-Total Non-Personnel
Grand Total
Certification:

I hereby certify that the expenditures reported for reimbursement by the City of Simi Valley represent a true and accurate accounting of expenditures incurred during the period and that these costs are consistent with the executed contract with the City.

Authorized Signature:_________________________________________ Date:________________________________ Name: ______________________________________ Title:_______________________________________________ 26 3rd Quarter
Date received:

Ins. Exp. Date:

Organization: Vendor #:

Program Name: Approved by:

Mailing Address:

Billing Period:

Contact Name: Fred Bauermeister, Executive Director
Grant Category: Contact #:

Budget
2022-23 Requested
Previous
Requests Balance

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00
Sub-Total Non-Personnel
Grand Total
Certification:

I hereby certify that the expenditures reported for reimbursement by the City of Simi Valley represent a true and accurate accounting of expenditures incurred during the period and that these costs are consistent with the executed contract with the City.

Authorized Signature:_________________________________________ Date:________________________________ Name: ______________________________________ Title:_______________________________________________ Sub-Total Personnel
Non-Personnel

COVID-19 COMMUNITY RECOVERY GRANT
FUNDING REQUEST FY 2022-23

TO BE COMPLETED BY CITY STAFF
Free Clinic of Simi Valley
COVID-19 Community Recovery Grant
2003 Royal Avenue, Simi Valley CA 93065
Behavioral Health 805-522-3733
Personnel
Salaries/Wages
27 4th Quarter
Date received:

Ins. Exp. Date:

Organization: Vendor #:

Program Name: Approved by:

Mailing Address:

Billing Period:

Contact Name: Fred Bauermeister, Executive Director
Grant Category: Contact #:

Budget
2022-23 Requested
Previous
Requests Balance

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00
COVID-19 COMMUNITY RECOVERY GRANT
FUNDING REQUEST FY 2022-23

TO BE COMPLETED BY CITY STAFF
Free Clinic of Simi Valley
COVID-19 Community Recovery Grant
2003 Royal Avenue, Simi Valley CA 93065
Behavioral Health 805-522-3733
Personnel
Salaries/Wages
Sub-Total Personnel
Non-Personnel

Sub-Total Non-Personnel
Grand Total
Certification:

I hereby certify that the expenditures reported for reimbursement by the City of Simi Valley represent a true and accurate accounting of expenditures incurred during the period and that these costs are consistent with the executed contract with the City.

Authorized Signature:_________________________________________ Date:________________________________ Name: ______________________________________ Title:_______________________________________________ 28 EXHIBIT C

INSURANCE REQUIREMENTS

Grantee shall procure and maintain for the duration of the grant insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Grantee, its agents, representatives, contractor, or employees.

Minimum Scope and Limit of Insurance

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Contractor hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation.

If the grantee maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the grantee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Simi Valley, its Boards, Officers, Agents, Officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operat ions performed by or on behalf of the grantee including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the grantee’s insurance (at least as br oad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this grant, the grantee’s insurance coverage shall be primary insurance coverage at l east as broad as ISO CG 20 01 04 13 as respects the City, its Boards, Officers, Agents, Officials, employees, and volunteers. Any insurance or self - 29 insurance maintained by the City, its Boards, Officers, Agents, Officials, employees, and volunteers shall be excess of the grantee’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Grantee hereby grants to City a waiver of any right to subrogation which any insurer of said grantee may acquire against City by virtue of the payment of any loss under such insurance. Grantee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the grantee, its employees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the grantee to provide proof of ability to pay losses and related investi gations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
Grantee shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive the grantee’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance po licies, including endorsements required by these specifications, at any time.

Subcontractors
Grantee shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and grantee shall ensure that the City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

30 FREE CLINIG OF SIMI VAI.LEY
MEDICAL.COUNSELING.LEGAL
aDENTAL
September 29,2022
Brian Gabler
City Manager
City of Simi Valley
2929Tapo Canyon Road
SimiValley, CA 93063
Dear Brian,
The Free Clinic of SimiValley is requesting supporl from the American Rescue Plan Act. The supporl is for the creation of an Open-Air Counseling Space and Outdoor Natural Play Therapy area. Additionally, we would like to replace a deteriorating cement block wall that separates the yard from five residential back yards.

With the creation of this innovative area, the Free Clinic will be able to supporl the community of Simi Valley while it continues to supporl individuals dealing with the stress and anxiety caused by the long-term impact of the COVID-19 pandemic. This unique project addresses two impoftant therapeutic needs: outdoor counseling for adults and safe play therapy options for counselors working with children. Developing this dual-purpose space area will allow for the Free Clinic to see patients in-person rather than via Telehealth/online therapy. Additionally, an outside creative space will enhance the counseling program overall and will address the specific needs of patients served by the Free Clinic each year. On average, the Free Clinic of Simi Valley reaches over 1,000 counseling patients each year and we are excited to proceed with the Open-Air Counseling Space and Outdoor Natural Play Therapy area so that the Free Clinic is best positioned to serve the community and its evolving needs as a result of unprecedented times.

The Therapy area bordered by a cement block wall, only four inches wide and about five feet high. The block wall separates the proposed Therapy area from the back yards of five residences. The creation of a new block wall will meet current construction standards and be a full six-foot in height providing imporlant sound and sight confidentiality.

The Estimate:

Open-Air Counseling Space and Outdoor Natural Play Therapy area ($74,695) Full block wall construction ($31 ,100)
Thank you for your consideration of this suppotl.

VErector
2003 RoyalAvenue, Simi Valley, California 93065 I 8055223733 I Fax 805.522.9576 wwrv. f reecl i n i csv. co m

ATTACHMENT A
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