Vista City Council
February 27, 2024

ACTION:
____________________________
Clerk/Secretary
Department: City Manager Item No: C6
Prepared by: Jonathan Lung, Homeless Services Program Manager Meeting Date: February 27, 2024 Approved by:

Imelda Huerta, Assistant City Manager
John Conley, City Manager Agenda Location: Consent
SUBJECT: FIRST AMENDMENT TO THE AGREEMENT WITH MAAC FOR ADMINISTRATION OF

THE VISTA EMERGENCY HOUSING ADMINISTRATION PROGRAM
RECOMMENDATION: Adopt City Council Resolution No. 2024- , approving a First Amendment to the agreement with MAAC for administration of the Vista Emergency Housing Assistance Program.

CORRELATION TO CITY COUNCIL GOALS: Homelessness & Housing.

PRIOR ACTION: On January 9, 2024, adopted City Council Resolution No. 2024-8, approving an agreement with MAAC for the administration of the Vista Emergency Housing Assistance Program (Vote:
5-0).

On August 8, 2023, adopted City Council Resolution No. 2023-146, approving the reallocation of unused American Rescue Plan Act funds to provide for a rental assistance program (Vote: 5-0).

On June 1, 2023, received an update on the implementation of the Strategic Plan to Address Homelessness and directed staff to include a rental assistance program in the Strategic Plan to Address Homelessness to able available to Vista residents and investigate all funding sources, including general fund, grants, and funding sources already allocated and then bring back options back to City Council for approval (Vote: 5-0).

STATEMENT ON THE SUBJECT: On June 1, 2023, City Council directed staff to revise the Homelessness Prevention Pilot Program strategy of the Strategic Plan to Address Homelessness to an on-going Rental Assistance Program and consider available funding sources for its implementation. Staff identified $1.4 million in unused American Rescue Plan Act (ARPA) funds in Vista’s Coronavirus State and Local Fiscal Recovery Funds (SLFRF) allocation that were available to be reallocated towards a Rental Assistance Program under the Public Health/Negative Economic Impacts expense category.

On January 9, 2024, City Council approved an agreement with MAAC for the administration of the Vista Emergency Housing Assistance Program (VEHAP) to provide financial assistance and housing stability to low-income Vista families and individuals who are at risk of losing their housing. Services can include rental assistance, mortgage assistance, utility assistance, assistance paying delinquent property taxes, counseling and legal aid to prevent eviction, and homelessness and emergency programs or services for homeless individuals, including temporary residences for people experiencing homelessness.

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution No. 2024-21.

Vote: 5-0

MEETING DATE: February 27, 2024 PAGE 2
SUBJECT: FIRST AMENDMENT TO THE AGREEMENT WITH MAAC FOR ADMINISTRATION OF THE

VISTA EMERGENCY HOUSING ADMINISTRATION PROGRAM
The agreement with MAAC obligates $466,667, or one-third, of the $1.4 million allocated from ARPA funds for each of the three available years of the agreement. Under the 2022 Final Rule, which dictates the eligible uses of ARPA SLFRF funds, all funds must be obligated by December 31, 2024.

Staff recommend approving the First Amendment to the agreement with MAAC for administration of the VEHAP to increase the Contract Ceiling Price to $1.4 million starting with the first year of the agreement to obligate all funds to comply with the December 31, 2024 obligation deadline.

FISCAL IMPACT: City Council approval of the staff recommendation has no direct fiscal impact as ARPA funds are already recognized and available in the ARPA Rental Assistance Account (No. 1516302.531500.ARP31).

EXHIBITS:

1.City Council Resolution No. 2024- , approving a First Amendment to the agreement with MAAC for administration of the Vista Emergency Housing Assistance Program

2.First Amendment to the agreement with MAAC for administration of the Vista Emergency Housing Assistance Program

3.Current executed agreement with MAAC
02/27/2024 C6 Page 2 of 74

00029213 7
RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, APPROVING A FIRST AMENDMENT TO THE

AGREEMENT WITH MAAC FOR THE ADMIINSTRATION OF THE VISTA

EMERGENCY HOUSING ASSISTANCE PROGRAM
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. On August 8, 2023. $1.4 million in unused ARPA funds were reallocated towards the Vista Emergency Housing Assistance Program (VEHAP) in support of the Housing Retention strategy of the Strategic Plan to Address Homelessness.

B. On January 9, 2024, the City Council approved an agreement with MAAC for the administration of the VEHAP (Agreement), which obligates $466,667 dollars for each of the three available years of the agreement.

C. Under the U.S. Department of Treasury 2022 Final Rule, which dictates the eligible uses of ARPA funds, all funds must be obligated by December 31, 2024.

D. The City desires to enter into a First Amendment to the Agreement to obligate all $1.4 million with the first year of the Agreement to comply with the December 31, 2024 obligation deadline.

2. Action.

A. The First Amendment to the agreement with MAAC for administration of the VEHAP is approved and the Mayor is authorized to execute the contract.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on February 27, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20240220133336
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 1

00098064 4

FIRST AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF VISTA

AND MAAC FOR VISTA EMERGENCY HOUSING ASSISTANCE PROGRAM

ADMINISTRATION SERVICES
THIS FIRST AMENDMENT (“First Amendment”) to the Contract between the City of Vista and MAAC, dated January 9, 2024 (“Contract”), is made and entered into as of _______________________ (“First Amendment Date”), by and between the City of Vista, a chartered municipal corporation (“City”), and MAAC, a California nonprofit corporation (“Contractor”).

Recitals: City and Contractor now desire to enter into a First Amendment to the Contract by modifying the terms of the Contract.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows:

1.Section 2.5 is amended increase the contract ceiling by $933,333.34 to a new total contract ceiling of $1,400,000.

2.All other conditions of the Contract not specifically amended or superseded by the terms herein shall continue in full force and effect.

IN WITNESS WHEREOF, the parties have executed and entered into this First Amendment as of the First Amendment Date.

CITY OF VISTA, a chartered municipal
corporation
By:

JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

RISK MANAGEMENT REVIEW:

DOLORES GASCON, RISK MANAGER
By:

APPROVED
Walter C. Chung
20240212091155
MAAC, a California nonprofit corporation
By:

NAME/Title
By:

NAME/Title
Arnulfo ManriquezPresident & CEO
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EXHIBIT A

REQUEST FOR PROPOSALS

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City of Vista
Housing and Homeless Services Division
STRATEGIC PLAN TO ADDRESS HOMELESSNESS:

Vista Emergency Housing Assistance Program (VEHAP)
Request for Proposals (RFP)
Applications Available
Application Due Date
October 12, 2023
November 3, 2023
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I.INTRODUCTION AND PURPOSE
The City of Vista (“City”) is soliciting written proposals from qualified service providers to provide emergency housing assistance services for families and individuals economically impacted by COVID-19 and at risk of becoming homeless.

Background:

On March 11, 2021, the $1.9 trillion American Rescue Plan Act (ARPA) was signed into law. ARPA included a $350 billion allocation of Coronavirus State & Local Fiscal Recovery Funds (CSLFRF) to state, local, territorial, and tribal governments. Metropolitan Cities were one of six CSLFRF recipient types and collectively received an allocation of $45.6 billion. The City of Vista was categorized as a Metropolitan City and was allocated $26,178,395.

On March 10, 2020, Vista City Council adopted the Strategic Plan to Address Homelessness which identifies three specific strategies: (1) preventing homelessness; (2) improving quality of life, and (3) reducing homelessness.

On August 8, 2023, the City Council approved Resolution No. 2023-146, approving the reallocation of unused American Rescue Plan Act Funds to provide a housing assistance program in support of the Homelessness Prevention strategy of the Strategic Plan to Address Homelessness in Vista.

The City seeks a qualified and experienced Program Administrator with an expert understanding of the needs of low income households in the city. The ARPA-funded Emergency Housing Assistance Program will provide assistance to households impacted by the pandemic. The goal of this program is to maintain housing stability for Vista residents by collecting and considering housing assistance applications to evaluate financial need, and to connect recipients to financial assistance, supportive services such as case management, financial planning and coaching.

Vista Emergency Housing Assistance Program:

The Vista Emergency Housing Assistance Program (VEHAP) is targeted to households who have been impacted by the pandemic and focuses on prevention, self-sufficiency, and stabilization.

Considered a national best practice, prevention is far less expensive than providing shelter beds with accompanying services for chronically homeless individuals and families. Services can include rental , mortgage, and utility assistance including arrears; assistance paying delinquent property taxes; and counseling and legal aid to prevent eviction.

II.CITY EXPECTATIONS
The City is seeking a qualified and experienced Program Administrator who has demonstrated expertise in administering housing assistance programs and working with and meeting the needs of those most vulnerable in our and similar communities. Program Administrators are expected to provide services within City of Vista boundaries to support access for low-income clients with limited mobility. In addition to providing housing assistance services, the provider will be responsible for submitting monthly reports to the City outlining anonymized client data, detailed program activities, and itemized expenditures. The City will expect the selected Program Administrator to begin program activities within 15 days after execution of a resulting contract.

This RFP sets forth the requirements of the activities that are eligible for the VEHAP, and contains guidelines for what the program must include.

III.FUNDING AND METHOD OF PAYMENT
The City intends to award one contract with a one year term with the option to extend for two additional one-year terms, for a total of three years. Services provided under the VEHAP shall not Vista Emergency Housing Assistance Program RFP Page 202/27/2024 C6 Page 17 of 74

exceed $1,400,000 over a three-year period. Proposals should describe the services the organization are able to commit to within the allocated budgets. The selected service provider will submit monthly invoices to the City. Invoices must include a detailed breakdown of the services, the tasks, the hours, and hourly rates.

Please note, the City expects a majority of the funding to be used for direct housing assistance to low-income persons and families. No new agency staff are expected to be added and the City will look critically at proposed staffing and administrative costs for reasonableness in completing its review. Administrative and staffing costs may not exceed 10% IV.SCOPE OF SERVICES
The purpose of the Program is to provide financial assistance and housing stability to low-income Vista families and individuals who are at risk of losing their housing.

In an effort to ensure the preservation of housing stability, applications will be accepted on a first- come, first-serve basis, and awards shall not exceed $10,000 per household. A maximum of six months of assistance, including arrears, will be awarded per household. Arrears must be paid before forward assistance may be granted. Program funds will be disbursed directly to the landlord or property manager, mortgage servicer, utility, or other service provider. No funds will be disbursed to program applicants directly. Prior to the release of funds, the following documents must be submitted:

From the Landlord:
•Documentation of a current City of Vista Business License, if applicable; •W-9 for the Landlord receiving rental payment; and
•Signed affidavit affirming that the Landlord has not and will not receive payment for the same month(s) rent due for the same tenant from any other assistance programs.

From the Tenant:
•Executed Rental Assistance Agreement that includes a signed affidavit affirming that the tenant is not receiving rent from any other sources (rental assistance programs, CARES Act funds, sub-lessees, roommates, etc.).

The goal of the program is to maintain housing stability for residents by collecting and considering VEHAP applications to evaluate financial need and ability to connect recipients to supportive services. Applicants must have experience working with low-income households; evaluating financial need; providing rental assistance, providing supportive services such as case management, financial planning, and must provide an on-site location within the City of Vista city limits.

V.ELIGIBILITY CRITERIA
Nonprofit organizations, government agencies, and neighborhood organizations that primarily serve low- and moderate-income San Diego County residents, with experience administering rental and housing assistance programs are eligible to apply. Nonprofits must be incorporated as a nonprofit in California by the proposal submittal date. All services must be offered within City of Vista boundaries.

The successful respondent shall enter into a contract with the City and submit the following within 10 days of Notice of Award:

1.The City’s standard Contract for Services (sample included as Appendix B); Vista Emergency Housing Assistance Program RFP Page 302/27/2024 C6 Page 18 of 74

2.Copy of Certificate of Insurance which shows compliance with General Liability Insurance, Automobile Liability Insurance and Workers Compensation Insurance as required in the Contract for Services;

3.Completed IRS W-9 tax form;
Additional contract requirements:
•Fingerprinting is required for all staff working with the VEHAP •Personnel and Participant conditions in the contract including: Affirmative action, nondiscrimination employment practices, ADA requirements and Drug Free Work Place are required.
•Funded agencies cannot be indebted to the IRS or any public entity nor have judgments or liens.

VI. PROPOSALS
Proposals should describe an effective approach to providing the required assistance services for low-income residents in the City, as described in this RFP. The response should not exceed ten (10) pages excluding the Cover Letter.

Proposals should include at a minimum the following elements:

1.Cover letter. A cover letter shall summarize key elements and guarantee that key personnel will be committed to perform the required tasks throughout the duration of the contract. The cover letter shall be limited to two (2) pages and shall include a contact name, email, phone number and full address. The cover letter must provide a brief overview of the applicant qualifications, list key personnel and areas of responsibility, demonstrate that the personnel have the knowledge and skills to provide rental assistance, and emphasize similar contracts or projects that required performance of similar tasks. The cover letter shall include a statement that the Consultant can meet the City’s insurance requirements and is prepared to execute the City’s standard Professional Services Agreement as written, and will not make any changes to the project term without authorization of the City. In cases, where a team member voluntarily leaves an agency, the Consultant shall provide the City a proposal for a substitute team member subject to the approval of the City.

2.Approach. Provide a detailed description of the approach to meeting program requirements, including suggested methodologies to be used when providing VEHAP services. Proposals must include effective outcome indicators and how the applicant suggests reporting the measures. For each activity, list the objective, outcome, and outcome measurement.

Describe how data will be collected, tracked, and stored. Proposals must outline how clients are identified, the application process, how assessments are completed to identify level of need, assessment forms, and how proposed services outlined in the scope of work will be administered. Proposals should take into consideration the objectives identified in the Scope of Services. Proposals must be responsive to the requirements of Appendix A and specify any requested revisions to its requirements.

3.Staffing. Identify and describe project staff for the program, qualifications and professional experience, along with proposed weekly time commitment towards each program. Identify whether your organization has a personnel policy manual with an affirmative action plan and grievance procedure. If not, explain why not. Attach a list of the Board of Directors and resumes of key staff including program manager and fiscal officer.

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4.Outcomes. Include proposed client outcomes. The successful applicant will be required to report quantifiable outcomes on a monthly basis. Outcomes must include number of households served, number of evictions prevented, and number of households that maintain stable housing at the six-month and thirteen-month marks. It will be required that all client- data related to these programs be entered the Community Information Exchange (CIE).

5.Budget. Please provide a 12-month project budget describing staff rates and labor hour estimates. Up to ten percent of the funds may be used for staff costs related to providing support services and administering the program. The City will review the budget proposal to determine maximum value, effectiveness, approach, and performance of work within a reasonable budget. Proposals shall describe whether in-kind support if applicable, or if leveraging other existing resources is planned.

6.Schedule. Include proposed program schedule including key project tasks, deliverables, specific timelines, and sequence. Funding for the program are immediately available. The City expects the selected provider to begin services within 15 days, after execution of agreement.

VII.Review of Proposals
Proposals will be reviewed for completeness and according to the City’s evaluation criteria.

Incomplete and/or late proposals may be disqualified. The City will review and evaluate all proposals for responsiveness to this RFP to determine whether the respondent possesses the professional qualifications necessary for the satisfactory performance of the services required.

The City will also investigate qualifications of all respondents to whom the award is considered and may request clarification of proposals directly from one or more proposers. In reviewing the proposals, the City will consider the following evaluation criteria (100 points total):
•Quality of the approach, clarity, rationale, and feasibility (25 points) •Organization’s experience with projects of similar type (20 points) •Project staff experience and expertise (20 points)
•Proposed project schedule and outcomes (20 points)
•Budget and value of proposed work and deliverables for dollars invested (15 points) The City may conduct interviews as a part of the evaluation process.

VIII.AWARD OF AGREEMENT
Upon completion of the review period, the City will notify the proposer whose proposal will be considered for further evaluation and negotiation. Any delay caused by proposer's failure to respond to direction from the City may lead to a rejection of the proposal. a.If the City determines, after further evaluation and negotiation, to award the agreement, a professional services agreement will be sent to the successful proposer for the proposer's signature. No proposal shall be binding upon the City until after the agreement is signed by duly authorized representatives of both the service provider and the City. b.The City reserves the right to reject any or all proposals, and to waive any irregularity in a proposal. The award of the agreement will be based upon a total review and analysis of each proposal and projected costs.

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c.The City expects the selected provider to begin services within 15 days after execution of agreement.

Timeline for Submission and Award:

Activity Date
Public Notice announcing RFP October 12, 2023
Final Date for Submissions of Questions October 20, 2023 Proposal Submission Deadline October 27, 5:00p.m.

Interviews (if needed) November 1, 2023
Selection and Funding Award November 3, 2023
IX. Submission of Proposal
To submit an application, interested applicants shall register on City of Vista’s Electronic Bidding System, OpenGov Procurement, https://secure.procurenow.com/portal/cityofvista . Once registered, applicants must download the application package while logged in under their own name and identification number to appear on the Electronic Prospective Bidders List as a “Prospective Bidder.” Proposers that fail to download the application package will not appear on the Electronic Prospective Bidders List and their proposals will be considered non-responsive. If an applicant is unable to register or download the application package from OpenGov Procurement, an applicant representative may contact OpenGov Procurement to troubleshoot the problem.

All application documents must be uploaded using OpenGov Procurement at the time of opening applications as instructed in this RFP. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point applicants will receive an email confirmation from OpenGov Procurement. Applications must be received in OpenGov Procurement no later than 5:00 p.m. PM PST (on the dot) on Thursday, October 27, 2023. Applications received after the above stated time and date will not be considered.

Email or fax responses will not be accepted.

Any subsequent changes in the RFP from the date of issuance to the date of submittal will result in an addendum that will be provided through OpenGov Procurement to those listed on the Electronic Prospective Bidders’ List by via email.

X. Submission of Questions.

All RFP related questions shall be submitted via “Q&A” through the City’s Electronic Bidding System, OpenGov Procurement. Phone call questions will not be accepted. Answers to all submitted questions will be provided in an addendum through OpenGov Procurement. Questions must be submitted prior to the deadline specified in the RFP Schedule, below.

XI. Right to Reject Proposals
The City reserves the right to request additional information from proposers. By the act of submitting a proposal, proposers acknowledge and agree to the terms and conditions of this RFP and to the accuracy of the information they submit in response. The City reserves the right to reject any and all submittals, waive any irregularities in the submittal requirements, or cancel this Vista Emergency Housing Assistance Program RFP Page 602/27/2024 C6 Page 21 of 74

RFP at any time. The review panel intends to make recommendations to enter into a contract with the City at the Vista City Council meeting on November 14, 2023.

XII.Disclosure
All Proposals become the property of the City unless a return is specifically requested as specified in the following section. The City is a public agency subject to the disclosure requirements of the Public Records Act, California Government Code Section 6250. These requirements include an exemption for "trade secrets". If any proprietary information is contained in or attached to the written proposal, it must be clearly identified. In order to protect trade secrets from disclosure, pursuant to a public Records Acts request, you must agree in writing to defend and indemnify the City if litigation results.

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APPENDIX A

VISTA EMERGENCY HOUSING ASSISTANCE PROGRAM SPECIFICATIONS Overview
The Vista Emergency Housing Assistance Program (VEHAP) is targeted to households who have been impacted by the pandemic and focuses on prevention, self-sufficiency, and stabilization.

Considered a national best practice, prevention is far less expensive than providing shelter beds with accompanying services for chronically homeless individuals and families. Services can include rental, mortgage, and utility assistance including arrears; assistance paying delinquent property taxes; and counseling and legal aid to prevent eviction.

Funding Process and Priorities
In an effort to ensure the preservation of housing stability, applications will be accepted on a first- come, first-serve basis, and awards shall not exceed $10,000 per household. A maximum of six months of assistance, including arrears, will be awarded per household. Arrears must be paid before forward assistance may be granted.

Funds will be disbursed from the Program Administrator directly to the Landlord or Property Manager, mortgage servicer, utility provider, or service provider of other VEHAP eligible assistance. No funds will be disbursed to program applicants directly.

Rental assistance will be provided in an amount that is the lesser of: tenant’s actual rent for six months, including arrears; tenant’s share of the contract rent or maximum affordable rent for the unit size, based on need up to the max award of $10,000.

Prior to the release of funds, the City must receive the following documents:

From the Landlord:
•Documentation of a current City of Vista Business License, •W-9 for the Landlord receiving rental payment,
•Signed affidavit affirming that the Landlord has not and will not receive payment for the same month(s) rent due for the same tenant from any other rental assistance, mortgage assistance or other CARES Act program.

From the Tenant:
•Executed Rental Assistance Agreement that includes a signed affidavit affirming that the tenant is not receiving rent from any other sources (rental assistance programs, other CARES Act rental assistance funds, sub-lessees, roommates, etc.).

Applicant Eligibility and Requirements
Program applicants will be deemed eligible if one or more household members meets the following criteria:
•Resident of incorporated City of Vista;
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•Qualified for unemployment benefits or experienced a reduction in household income, incurred significant costs, or experienced other financial hardship during or due, directly or indirectly, to the coronavirus pandemic;
•One or more household members can demonstrate a risk of experiencing homelessness or housing instability; and
•Household income does not exceed 65% AMI.

Household must have a documented substantial decrease in household income due to health, employment, unforeseen automobile repair, unforeseen medical emergency, or out-of-pocket medical expenses as evidenced by the following:
•Termination Notice
•Payroll Check or Pay Stubs
•Bank Statements
•Medical Bills accompanied by medical provider notice of inability to work/required time off •Signed Letter from Employer explaining tenant’(s) changed financial circumstances •Unemployment Award Letter
•Self-Certification of tenant’s inability to pay the next month rent and/or utility bill Income Limits
Household
Size
1 person
2 person
3 person
4 person
5 person
6 person
7 person
8 person
65% AMI $60,795 $69,489 $78,183 $86,814 $93,807 $100,737 $107,667 $114,597 Program Process
The selected Vista Emergency Housing Assistance Program Administrator will manage the following process:
•Finalize draft housing assistance program specifications. •Circulate information of the availability of the housing assistance programs in coordination with the City of Vista.
•Verify aspects of the housing assistance program applications:
o Household size and income
o Most recent housing payment made immediately preceding emergency need •Verify payment requirement(s) with housing or service provider •Create template letters to tenant applicants confirming or denying housing assistance payment(s).

Programmatic Evaluation and Annual Report
In order to determine the effectiveness of the housing assistance program, the program administrator will track and evaluate the following:
•Summary of applicants who were approved and received housing assistance:
o Name and address
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o Participant Eligibility:
Income level, family size
o Basic demographics
o Reason for financial loss
o Total housing assistance payment(s) approved including the amount paid and for what time period
•Summary of Applicants who were denied housing assistance including the following:
o Name, address, and reason for housing assistance program denial •Housing status of program participants six months and thirteen months after receiving housing assistance
•Client Satisfaction Survey of all Housing Assistance Program applicants to determine their satisfaction with participating in the program and working with the Program Provider The Program Administrator shall provide the City with an annual report containing the above- described information, within 45 days of completion of the first contract year. If the contract between the City and Program Administrator is extended, the Program Administrator shall provide annual reports following each subsequent contract year.

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AMENDMENT TO RFP
APPENDIX A of the RFP is amended to include under Programmatic Evaluation and Annual Report:
• Other public assistance programs received by applicants . 02/27/2024 C6 Page 26 of 74

CONTRACT FOR SERVICES
THIS “CONTRACT” is entered into by and between the “Parties” as of ___________________ (“Contract Date”).

1.0 THE “PARTIES”
The “City”:

CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: workingname
Billing Contact: billingname
The “Contractor”
NAMEX, statusx
Address
Address
Contact: name

2.0 BASIC TERMS

2.1 The “Services” to be performed by Contractor are set forth in City’s Request for Proposals (“Exhibit A”).

2.2 Contractor desires to enter into this “Contract” with City for the Services.

2.3 The “Project” for which the Services are required is described in Exhibit A.

2.4 Contractor has submitted to City a Proposal to perform the Services dated proposaldate (“Exhibit B”).

2.5 The “Contract Ceiling Price” is $xx,xxx per year.

3.0 CONTRACT TERM

3.1 This Contract shall take effect as of the Contract Date.

3.2 This Contract shall be in effect for xx calendar months (“Term”). The Term may be extended at the City’s option for an additional xx months, in increments of City’s choice, for a maximum Term of xx from the Contract Date.

3.3 City may terminate this Contract upon 30-days’ written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.

4.0 SCOPE
Contractor shall perform all Services including, labor, materials, software, supplies, reports, and documents for as may be required from time to time, in accordance with Exhibit A. The Services shall be complete, and all work, material and services not expressly called for in the

APPENDIX B
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Proposal which may be necessary to carry out the Contract in good faith, shall be performed by the Contractor at no increase in cost to City. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.

5.0 COMPENSATION

5.1 City shall pay Contractor on a time and material rate as set forth in Exhibit B for the Services to be performed.

5.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.

5.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:

5.3.1 The changes, additions, and deductions to be made.

5.3.2 The increase or decrease in compensation due the Contractor, if any.

5.3.3 Adjustment in the time of completion, if any.

5.4 Contract Ceiling Price

5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this Contract.

5.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.

5.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.

6.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications and appendices and all addenda setting forth any modifications or interpretations of any of these documents: Documents required under Exhibits A–E.

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7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed in compliance with the schedule in Exhibit B.

8.0 ASSISTANCE BY CITY
All information, data, records, reports, and maps as are in possession of City and necessary for the carrying out of this work shall be available to Contractor without charge. City shall make available to Contractor members of its staff for consultation with Contractor in the performance of this Contract. City does not warrant that the information data, records, reports, and maps heretofore or to be provided to Contractor are complete or accurate and Contractor should satisfy itself as to accuracy and completeness. City and Contractor agree that City shall have no liability should any information, data, records, reports, and maps be inaccurate, incomplete, or misleading. Unless provided in Exhibit A, no other assistance shall be provided by City to Contractor.

9.0 STANDARD OF PERFORMANCE

9.1 Contractor represents and warrants that it has the training, qualifications, experience, and facilities necessary to properly perform the Services required under this Contract in a thorough, competent, and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.

9.2 Contractor shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.

10.0 CONTRACTOR’S STATUS; CONTRACTOR’S EMPLOYEES

10.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.

10.2 Contractor represents and warrants that all design professional services, if any, shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Exhibit A.

10.3 Neither Contractor, nor any of Contractor's officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to Vista Emergency Housing Assistance Program RFP Page 1302/27/2024 C6 Page 29 of 74

City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

10.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all of Contractor’s officers, employees, agents, and subcontractors that are included in this Contract.

10.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Contract. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.

10.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this Contract. This is a continuing obligation that survives the termination of this Contract.

11.0 CIVIL RIGHTS

11.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.

11.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person’s race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.

11.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.

11.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.

11.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.

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11.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.

11.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.

12.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.

13.0 ASSIGNMENT AND SUBCONTRACTING

13.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

13.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager’s designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager’s designee.

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14.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state, or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations.

15.0 FINANCIAL RECORDS

15.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor’s performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.

15.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its Representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.

16.0 OWNERSHIP OF DOCUMENTS

16.1 Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, computer code, and detailed calculations developed under this contract, are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby assigns, waives, and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services. If Contractor is providing copyrighted, proprietary materials in the performance of the Services, then the intellectual property provisions of Exhibit B shall prevail over the provisions of this section.

16.2 Contractor represents that it has secured all necessary licenses, consents, or approvals to use the components of any intellectual property, including computer software, used in the rendering of services and the production of the work product produced under this Contract, and that City has full legal title to and the right to reproduce such materials. The Contractor covenants to defend, indemnify and hold City harmless of any loss, claim or liability in any way related to a claim that they are violating or have violated any federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or Vista Emergency Housing Assistance Program RFP Page 1602/27/2024 C6 Page 32 of 74

other means of protecting interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked materials, equipment, devices, or processes used on or incorporated in the services and materials produced under this Contract. In case such materials, equipment, devices, or processes are held to constitute an infringement and their use is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the materials by suspension of any injunction or by procuring a license or licenses for the City; or (b) modify the materials so that they become non-infringing.

17.0 CONFIDENTIALITY

17.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.

17.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor’s scope of Services. Contractor will not disclose any information prepared for City or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.

18.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively “Conflict Laws”). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk.

Contractor further agrees that no employee, agent or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.

19.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term “City Official” shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.

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20.0 INDEMNIFICATION

20.1 Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers (collectively, “Indemnitees”) harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Contract or its performance, including defects in design, except: (1) Liability caused by Indemnitees’ sole negligence or willful misconduct; or (2) for Liability caused by Indemnitees’ active negligence, in which case the indemnity received by Indemnitees shall be reduced by the amount: (i) that Indemnitees’ active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law (“Duty of Indemnification”).

20.2 Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Contractor, then all obligations, liabilities, covenants, and conditions under this instrument shall be joint and several.

21.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.

22.0 SERVICE OF NOTICE

22.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.

22.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.

23.0 LABOR LAW COMPLIANCE
California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

24.0 SURVIVAL OF COVENANTS
Contractor’s obligations under Sections 16, 17 and 20 shall survive the termination of this Contract.

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25.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.

26.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.

27.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.

28.0 COUNTERPARTS; ELECTRONIC SIGNATURES; ELECTRONIC DELIVERY This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven.

Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).

29.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations, and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment, or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.

[Continued on page 10.]

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30.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.

“City”

CITY OF VISTA, a chartered municipal
corporation

By:

JOHN CONLEY, CITY MANAGER
JOHN B. FRANKLIN, MAYOR

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

RISK MANAGEMENT REVIEW:

DOLORES GASCON, RISK MANAGER

By:
“Contractor”

NAMEX, statusx

By:

Name/Title

By:

Name/Title

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EXHIBIT B
CONTRACTOR’S PROPOSAL

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December 4, 2023

City of Vista
200 Civic Center Drive
Vista, CA 92084

City of Vista,
Since 1965 MAAC has been a champion for underrepresented communities throughout San Diego County and has provided a space where individuals and families in need can find the means to self-sufficiency and improve their living conditions. Our focus has remained constant through the years: to assist individuals and families in creating the lives they want…and deserve. MAAC’s comprehensive programming focuses on the areas of education, affordable housing, health and well-being, economic development and advocacy. MAAC supports more than 100,000 individuals every year through services such as early childhood education, workforce development programs for adults and young adults, residential recovery homes, energy assistance and food security programs.

MAAC eliminates health disparities through all of our programming, providing resources and services around housing, education, wellness, and workforce development, all of which directly correlate to health, especially among traditionally marginalized populations. To reduce poverty and increase economic mobility, MAAC continues to take a targeted approach to reallocating or redistributing resources to communities experiencing the greatest health and social inequities.

We address challenges to health and well-being faced by children and their families to increase their opportunities for financial advancement and success. We provide employment training, financial education, and workforce development programs for multiple fields, including healthcare, trades, finance, and education. From our child development programs to our charter high school, we leverage the power of education to break the cycle of poverty. We also provide training and resources to support community members in advocating for policies that strengthen their families and communities. Finally, by providing affordable homes and addressing barriers to housing stability, we support individuals and families in their pursuit of greater economic mobility.

MAAC has a longstanding reputation for delivering high quality services and advocating for underserved and under-resourced communities in San Diego. MAAC believes that poverty is a resource issue and is perpetuated by inequitable distribution of resources and opportunities.

MAAC aims to disrupt cycles of poverty in families by providing basic needs support like affordable housing food, and at-no-cost childcare. Once people have material stability, we provide them with well-structured and fully supported pathways to education, careers, and wealth (asset building).

Key personnel for the project include MAAC’s Director of Economic Development, Valerie Hash, MAAC’s Program Manager for Family and Asset Building, Kim Barberan, and Financial 02/27/2024 C6 Page 38 of 74

Education Coordinator Maria Sandoval. All have extensive experience in providing workforce programs to clients of MAAC, including rental assistance. They all have experience in programmatically providing individual low-income clients with assistance in accessing a variety of services.

MAAC can meet the City of Vista’s insurance requirements and is prepared to execute the City’s Standard Professional Services Agreement as written. MAAC will not make any changes to the project term without authorization of the City of Vista. In the case of a team member voluntarily leaving the agency, MAAC shall provide the City with a proposal for a substitute team member subject to the approval of the City.

Sincerely,

Arnulfo Manriquez
President & CEO

02/27/2024 C6 Page 39 of 74

Approach:

MAAC has successfully reached a diverse range of communities and populations in Southern California, particularly in San Diego County by providing community outreach and education services. Our outreach efforts have been tailored to meet the unique needs of various demographic groups, including:
• Low-Income Communities: MAAC has prioritized low-income communities, including underserved neighborhoods and communities with limited access to healthcare resources. Focusing on the North Inland Region in San Diego County. • Ethnic and Cultural Communities: We have targeted outreach to culturally diverse communities, such as Hispanic/Latino, Asian, and African American populations, ensuring that language and cultural nuances are considered in our outreach strategies.

Creating culturally sensitive education materials.
• Youth and Young Adults: Through our innovative Peer Educator program, we have connected with youth and young adults, including high school and college-age individuals, specifically working with youth from our MAAC Charter School in Chula Vista.

MAAC will outreach the VEHAP program through the following channels:
• All residents of the City of Vista that MAAC currently serves will be notified of the VEHAP program.
• We will host monthly financial planning workshops that will be hosted in our Vista location. These workshops will be open to the public and we will ensure everyone in attendance is aware of VEHAP.
• We will add information on our website and share the information via social media.

MAAC will provide VEHAP services to the community with a goal to ensure an estimated 45 individuals/families on a yearly basis receive the maximum $10,000 in support for financial assistance. MAAC will increase outreach and engagement as necessary to ensure the funding is distributed to individuals and families.

Clients will be served through a process of hosted office hours. Once per week, in Vista, our Financial Education Coordinator will host office hours. This will ensure that applicants to the program can meet in person and receive one-on-one support. The FEN Coordinator will work with each applicant, guiding the person through application process and assessment forms.

This includes completing a detailed assessment of client needs, including whether the person qualifies to receive VEHAP funding.

In addition, each participant who receives VEHAP funding will be enrolled in MAAC’s Financial Empowerment Network, where they will receive:
• Access and referrals to all of MAAC’s financial assistance programs • Access to lending Circles to build credit
• Referrals to MAAC’s programs and partners to address other needs and help ensure participants remain housed including Next Level workforce development. • 6 months of 1:1 Coaching for Credit Building, Savings, and financial education through Unidos US
02/27/2024 C6 Page 40 of 74

• Monthly financial education workshops that will be open to the public and hosted in our Vista location. These workshops will be conducted with local bank partners.

Data Collection:

Depending upon the program, we use a variety of collection methods, including participant surveys, pre/post surveys, key informant interviews, and external data such as academic performance, economic data such as employment rates, graduation rates, and community health indicators. We have implemented Salesforce as the organization’s primary data management system. For the purposes of this program, MAAC will track each applicant that we help to apply for the VEHAP program, including whether the applicant has been confirmed or denied housing assistance payment(s).

In order to determine the effectiveness of the program, MAAC will track client outcomes for each individual client served and report the quantifiable outcomes to the City of Vista on a monthly basis.

MAAC will track and evaluate the following:
• Summary of applicants who were approved and received housing assistance:
o Name and Address
o Participant Eligibility:
 Income level, family size
o Basic demographics
o Reason for financial loss
o Total housing assistance payment(s) approved, including the amount paid, and for what time period
• Number of evictions prevented
• Summary of Applicants who were denied housing assistance, including the following:
o Name, address, and reason for housing assistance program denial • Housing status of program participants six months and thirteen months after receiving housing assistance
• Client Satisfaction Survey of all Housing Assistance Program applicants to determine their satisfaction with participating in the program and working with MAAC as the program provider.
• Number of hours of financial education completed.
• Number of referrals to additional MAAC programs.

Staffing:

Key staff for the program include:
• Director of Economic Development, Valerie Hash:
o MA Leadership and Nonprofit Management University of San Diego May 2023 BA English Language and Literature San Diego State University May 2007 CA Teaching Credential Single Subject Teaching May 2008

Valerie has more than 12 years of experience in Nonprofit program management, specializing in financial education and workforce development.

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• Program Manager, Family Asset Building, Kim Barberan:
o MBA with dual Major in Finances - Northeaster University - May 2017 BBA - University Ponticie Bolivariana - December 2010
AS - Finance and banking administration - University Ponticie Bolivariana - December 2004

Kim has several years of experience in the banking industry cultivating relationships and educating the community about the importance of credit while providing financial literacy.

Extensive knowledge of programs and resources available through all San Diego County for low-income individuals to include health, housing, food and general relief gained while working on the non-profit sector as Housing and Career coach.

• Financial Education Coordinator, Maria Sandoval:
o AS - Business Administration and Management - Southwestern Community College District - May 2021

Maria has experience as a Community Resource Navigator connecting and referring families to resources available for housing and the workforce. Provides support to community members with their financial goals through referrals to partners and programs.

MAAC has a personnel policy manual with an affirmative action plan and grievance procedure.

Budget:

City of Vista VEHAP -
Emergency Housing
Assistance Program
Year 1 Year 2 Year 3
Total
MAAC
Budget
City of Vista
VEHAP
Request
Budget Narrative
Financial Empowerment
Coordinator .25% FTE $16,250 $16,250 $16,250 $65,000 $65,000 10 hours a week dedicated
to financial coaching and
education for participants in
VEHAP program. Connecting
participants to other
resources and programs (like
Lending Circles) that MAAC
Provides.

Employee expenses:

Insurance, Payroll Taxes $3,250 $3,250 $3,250 $9,750 $0 MAAC will cover the cost of
Insurance, Payroll and other
employee expenses as In-
Kind towards the program
Financial Assistance and
Housing Stability Funds $398,000 $398,000 $399,000 $1,195,000 $1,195,000 Amount of funding to be dispersed for assistance.

Administrative Expenses 12% $50,100 $50,100 $50,220 $150,420 $140,000 MAAC has a 12%
administrative expense and
will contribute
Totals $467,600 $467,600 $468,720 $1,420,170 $1,400,000 02/27/2024 C6 Page 42 of 74

Schedule:
• Key project tasks:
o Integrating the VEHAP program into MAAC operations
o Monthly financial education workshops in Vista
• Deliverables
o Expend an estimated $33,200 monthly with a goal of $398,000 annually to ensure $1,195,000 over 3 years is distributed to the community. o Support 45 households annually based on the maximum $10,000 disbursement in remaining housed.
o Submit monthly reports and invoices to City of Vista. • Specific timeline
o Project will launch once contract is signed with collateral materials and program schedule created.
o Weekly office hours will begin in January 2024 with monthly workshops at MAAC Vista location.
o Recruitment for the program will begin once contract is signed and partnership announcement is made.

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EXHIBIT C

INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract 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 Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor’s Duty of Indemnification.

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, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

Contractor shall also provide the additional coverages checked below and at least as broad as:

4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

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

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer to reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

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

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect Vista Emergency Housing Assistance Program RFP Page 2302/27/2024 C6 Page 44 of 74

to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.

2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to City for review.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require Vista Emergency Housing Assistance Program RFP Page 2402/27/2024 C6 Page 45 of 74

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700

NOT APPLICABLE TO THIS CONTRACT

Vista Emergency Housing Assistance Program RFP Page 2602/27/2024 C6 Page 46 of 74

EXHIBIT E

SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:

1. State of California grant conditions, as attached.

2. Federal grant conditions, as attached.

3. Other conditions, as attached.

Vista Emergency Housing Assistance Program RFP Page 2702/27/2024 C6 Page 47 of 74

ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

FAXPHONE
(A/C, No):(A/C, No, Ext):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $

PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER:$
COMBINED SINGLE LIMIT $(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY
(Per accident)
$

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $

PER OTH-STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
1/3/2024
License # 0C32169
(619) 937-0164
18058
Metropolitan Area Advisory Committee on AntiPoverty of San Diego County, Inc.;
Dba: MAAC Project
1355 Third Avenue
Chula Vista, CA 91911
20044
A 1,000,000
X X
PHPK2575321 7/1/2023 7/1/2024
100,000
Deductible - $0 5,000
1,000,000
2,000,000
2,000,000
1,000,000A
X X
PHPK2575321 7/1/2023 7/1/2024
10,000,000A
PHUB872200 7/1/2023 7/1/2024 10,000,000
10,000
B
X MEWC442737 7/1/2023 7/1/2024 1,000,000
1,000,000
1,000,000
A Errors & Omissions PHPK2575321 7/1/2023 Agg $2M Occ $1M Ded 0 A Abuse & Molestation PHPK2575321 7/1/2023 7/1/2024 Agg $2M Occ $1M Ded 0 RE: Operations of the Named Insured as Certificate Holders Interest May Appear The City, its officers, officials, employees, and volunteers are included as Additional Insured with regards to General Liability, Auto Liability per the attached forms. Primary and Non-Contributory wording applies with regards to General Liability and Auto Liability per the attached form. Waiver of Subrogation applies with regards to General Liability and Workers' Compensation per the attached form.

City of Vista
200 Civic Center Dr
Vista, CA 92084
MAACPRO-01 MSMIDT
Rancho Mesa Insurance Services, Inc.
2355 Northside Drive Suite 200
San Diego, CA 92108
Philadelphia Indemnity Ins Co
Berkshire Hathaway Homestate
X
7/1/2024
X
X
X
X
X
X X
X
X
X
02/27/2024 C6 Page 48 of 74

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2.The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B.With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

PHPK2575321
The City of Vista, its officers, officials,
employees, and volunteers
02/27/2024 C6 Page 49 of 74

C.With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
02/27/2024 C6 Page 50 of 74

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 37 04 13 © Insurance Services Office, Inc., 2012 3DJHRI ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B.With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

PHPK2575321
The City of Vista, its officers,
officials, employees, and volunteers
1102/27/2024 C6 Page 51 of 74

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 †

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.

PHPK2575321
Name Of Person Or Organization:

The City of Vista, its officers, officials, employees, and volunteers 02/27/2024 C6 Page 52 of 74

PI-CANXAICH-002 (05/11)
Page of
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CANCELLATION NOTICE TO SCHEDULED ADDITIONAL INSURED OR

CERTIFICATE HOLDER
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PROFESSIONAL LIABILITY COVERAGE PART

COMMERCIAL CRIME COVERAGE PART

COMMERCIAL INLAND MARINE COVERAGE PART

COMMERCIAL PROPERTY COVERAGE PART

COMMERCIAL AUTOMOBILE COVERAGE PART

SCHEDULE OF ADDITIONAL INSUREDS OR CERTIFICATE HOLDERS
AI or CH Additional Insured or Certificate Holder Address The following is added to A. CANCELLATION of the Common Policy Conditions of the above applicable coverage part:

A.In the event we cancel the policy in accordance with the policy’s terms and conditions, we will endeavor to mail written notice of cancellation to Additional Insureds or Certificate Holders, shown in the above SCHEDULE within the time frame listed below. However, failure to mail such notice shall impose no obligation of any kind upon us, our agents or representatives.

1. days before the effective date of cancellation if we cancel for any reason other than for non - payment of premium.

As respects Additional Insureds, the above cancellation provision applies only when the Additional Insured shown in the above SCHEDULE is added to the policy by a separate additional insured endorsement as the CANCELLATION NOTICE TO ADDITIONAL INSURED OR CERTIFICATE HOLDER does not provide additional insured coverage.

AI The City of Vista, its officers, officials, employees, and volunteers 200 Civic Center Dr. Vista, CA 92084 30 1 1
POLICY NUMBER: PHPK2575321
02/27/2024 C6 Page 53 of 74

PI-GLD-HS (10/11)

Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

GENERAL LIABILITY DELUXE ENDORSEMENT:

HUMAN SERVICES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE
It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording.

Coverage Applicable Limit of Insurance Page #
Extended Property Damage Included 2
Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Non-Owned Watercraft Less than 58 feet 2
Damage to Property You Own, Rent, or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3
HIPAA Clarification 4
Medical Payments $20,000 5
Medical Payments – Extended Reporting Period 3 years 5
Athletic Activities Amended 5
Supplementary Payments – Bail Bonds $5,000 5
Supplementary Payment – Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5
Key and Lock Replacement – Janitorial Services Client Coverage $10,000 limit 6 Additional Insured – Newly Acquired Time Period Amended 6 Additional Insured – Medical Directors and Administrators Included 7 Additional Insured – Managers and Supervisors (with Fellow Employee Coverage)
Included 7
Additional Insured – Broadened Named Insured Included 7 Additional Insured – Funding Source Included 7
Additional Insured – Home Care Providers Included 7
Additional Insured – Managers, Landlords, or Lessors of Premises Included 7 Additional Insured – Lessor of Leased Equipment Included 7 Additional Insured – Grantor of Permits Included 8
Additional Insured – Vendor Included 8
Additional Insured – Franchisor Included 9
Additional Insured – When Required by Contract Included 9 Additional Insured – Owners, Lessees, or Contractors Included 9 Additional Insured – State or Political Subdivisions Included 10 POLICY NUMBER: PHPK2575321
02/27/2024 C6 Page 54 of 74

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Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10
Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11
Bodily Injury – includes Mental Anguish Included 11
Personal and Advertising Injury – includes Abuse of Process, Discrimination
Included 11
A.Extended Property Damage
SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following:
a.Expected or Intended Injury
“Bodily injury” or property damage” expected or intended from the standpoint of the insured.

This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property.

B. Limited Rental Lease Agreement Contractual Liability SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following:
(3)Based on the named insured’s request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter’s liability insurance of the client.

C.Non-Owned Watercraft
SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following:
(2) A watercraft you do not own that is:
(a) Less than 58 feet long; and
(b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent.

D. Damage to Property You Own, Rent or Occupy
SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE 02/27/2024 C6 Page 55 of 74

PI-GLD-HS (10/11)

Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company

LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following:

(1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another’s property, unless the damage to property is caused by your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision.

E. Damage to Premises Rented to You

1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word “fire” is changed to “fire, lightning, explosion, smoke, or leakage from automatic fire protective systems” where it appears in:

a. The last paragraph of SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following:

Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III – LIMITS OF INSURANCE.

b. SECTION III – LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following:

Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner.

c. SECTION V – DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following:

A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract";

2. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1) (a) (ii) is deleted in its entirety and replaced by the following:

That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner;

3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of:

02/27/2024 C6 Page 56 of 74

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Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company

a. $1,000,000; or

b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit.

This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof.

F. HIPAA

SECTION I – COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, is amended as follows:

1. Paragraph 1. Insuring Agreement is amended to include the following:

We will pay those sums that the insured becomes legally obligated to pay as damages because of a “violation(s)” of the Health Insurance Portability and Accountability Act (HIPAA). We have the right and the duty to defend the insured against any “suit,” “investigation,” or “civil proceeding” seeking these damages. However, we will have no duty to defend the insured against any “suit” seeking damages, “investigation,” or “civil proceeding” to which this insurance does not apply.

2. Paragraph 2. Exclusions is amended to include the following additional exclusions:

This insurance does not apply to:

a. Intentional, Willful, or Deliberate Violations

Any willful, intentional, or deliberate “violation(s)” by any insured.

b. Criminal Acts

Any “violation” which results in any criminal penalties under the HIPAA.

c. Other Remedies

Any remedy other than monetary damages for penalties assessed.

d. Compliance Reviews or Audits

Any compliance reviews by the Department of Health and Human Services.

3. SECTION V – DEFINITIONS is amended to include the following additional definitions:

a. “Civil proceeding” means an action by the Department of Health and Human Services (HHS) arising out of “violations.”

b. “Investigation” means an examination of an actual or alleged “violation(s)” by HHS. However, “investigation” does not include a Compliance Review.

c. “Violation” means the actual or alleged failure to comply with the regulations included in the HIPAA.
02/27/2024 C6 Page 57 of 74

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G. Medical Payments – Limit Increased to $20,000, Extended Reporting Period

If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part:

1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of:

a. $20,000; or
b. The Medical Expense Limit shown in the Declarations of this Coverage Part.

2. SECTION I – COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following:

(b) The expenses are incurred and reported to us within three years of the date of the accident.

H. Athletic Activities

SECTION I – COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following:

e. Athletic Activities

To a person injured while taking part in athletics.

I. Supplementary Payments

SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGE A AND B are amended as follows:

1. b. is deleted in its entirety and replaced by the following:

1. b. Up to $5000 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.

1.d. is deleted in its entirety and replaced by the following:

1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work.

J. Employee Indemnification Defense Coverage

SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B the following is added:

We will pay, on your behalf, defense costs incurred by an “employee” in a criminal proceeding occurring in the course of employment.

The most we will pay for any “employee” who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of “employees,” claims or “suits” brought or persons or organizations making claims or bringing “suits .

02/27/2024 C6 Page 58 of 74

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K. Key and Lock Replacement – Janitorial Services Client Coverage

SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended to include the following:

We will pay for the cost to replace keys and locks at the “clients” premises due to theft or other loss to keys entrusted to you by your “client,” up to a $10,000 limit per occurrence and $10,000 policy aggregate.

We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, “employees”, “managers”, directors, trustees, authorized representatives or any one to whom you entrust the keys of a “client” for any purpose commit, whether acting alone or in collusion with other persons.

The following, when used on this coverage, are defined as follows:

a. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services.

b. "Employee" means:

(1) Any natural person:

(a) While in your service or for 30 days after termination of service;

(b) Who you compensate directly by salary, wages or commissions; and

(c) Who you have the right to direct and control while performing services for you; or

(2) Any natural person who is furnished temporarily to you:

(a) To substitute for a permanent "employee" as defined in Paragraph (1) above, who is on leave; or

(b) To meet seasonal or short-term workload conditions;

while that person is subject to your direction and control and performing services for you.

(3) "Employee" does not mean:

(a) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character; or

(b) Any "manager," director or trustee except while performing acts coming within the scope of the usual duties of an "employee."

c. "Manager" means a person serving in a directorial capacity for a limited liability company.

L. Additional Insureds

SECTION II – WHO IS AN INSURED is amended as follows:

1. If coverage for newly acquired or formed organizations is not otherwise excluded from this 02/27/2024 C6 Page 59 of 74

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Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following:

a. Coverage under this provision is afforded until the end of the policy period.

2. Each of the following is also an insured:

a. Medical Directors and Administrators – Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient.

b. Managers and Supervisors – Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your “employees” are also insureds for “bodily injury” to a co - “employee” while in the course of his or her employment by you or performing duties related to the conduct of your business.

This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited liability company.

c. Broadened Named Insured – Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance.

d. Funding Source – Any person or organization with respect to their liability arising out of:

(1) Their financial control of you; or

(2) Premises they own, maintain or control while you lease or occupy these premises.

This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization.

e. Home Care Providers – At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled.

f. Managers, Landlords, or Lessors of Premises – Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions:

This insurance does not apply to:

(1) Any “occurrence” which takes place after you cease to b e a tenant in that premises; or

(2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization.

g. Lessor of Leased Equipment – Automatic Status When Required in Lease Agreement With You – Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or 02/27/2024 C6 Page 60 of 74

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organization is an insured only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization.

A person’s or organization’s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends.

With respect to the insurance afforded to these additional insureds, this insurance does not apply to any “occurrence” which takes place after the equipment lease expires.

h. Grantors of Permits – Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision:

(1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies:

(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures;

(b) The construction, erection, or removal of elevators; or

(c) The ownership, maintenance, or use of any elevators covered by this insurance.

i. Vendors – Only with respect to “bodily injury” or “property damage” arising out of “your products” which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions:

(1) The insurance afforded the vendor does not apply to:

(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement;

(b) Any express warranty unauthorized by you;

(c) Any physical or chemical change in the product made intentionally by the vendor;

(d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;

(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;

(f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product;

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(g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or

(h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:

(i) The exceptions contained in Sub-paragraphs (d) or (f); or

(ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.

(2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing.

j. Franchisor – Any person or organization with respect to their liability as the grantor of a franchise to you.

k. As Required by Contract – Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations

l. Owners, Lessees or Contractors – Any person or organization, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by:

(1) Your acts or omissions; or

(2) The acts or omissions of those acting on your behalf;

in the performance of your ongoing operations for the additional insured when required by a contract.

With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:

This insurance does not apply to "bodily injury" or "property damage" occurring after:

(a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or

(b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
02/27/2024 C6 Page 62 of 74

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m. State or Political Subdivisions – Any state or political subdivision as required, subject to the following provisions:

(1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract.

(2) This insurance does not apply to:

(a) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or

(b) "Bodily injury" or "property damage" included within the "products-completed operations hazard."

M. Duties in the Event of Occurrence, Claim or Suit

SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows:

a. is amended to include:

This condition applies only when the “occurrence” or offense is known to:

(1) You, if you are an individual;

(2) A partner, if you are a partnership; or

(3) An executive officer or insurance manager, if you are a corporation.

b. is amended to include:

This condition will not be considered breached unless the breach occurs after such claim or “suit” is known to:

(1) You, if you are an individual;

(2) A partner, if you are a partnership; or

(3) An executive officer or insurance manager, if you are a corporation.

N. Unintentional Failure To Disclose Hazards

SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following:

It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.

O. Transfer of Rights of Recovery Against Others To Us

SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of 02/27/2024 C6 Page 63 of 74

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Recovery Against Others To Us is deleted in its entirety and replaced by the following:

If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them.

Therefore, the insured can waive the insurer’s rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract.

P. Liberalization

SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following:

If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state.

Q. Bodily Injury – Mental Anguish

SECTION V – DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following:

“Bodily injury” means:

a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and

b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time.

R. Personal and Advertising Injury – Abuse of Process, Discrimination

If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of “personal and advertising injury” is amended as follows:

1. SECTION V – DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following:

b. Malicious prosecution or abuse of process;

2. SECTION V – DEFINITIONS, Paragraph 14. is amended by adding the following:

Discrimination based on race, color, religion, sex, age or national origin, except when:

a. Done intentionally by or at the direction of, or with the knowledge or consent of:

(1) Any insured; or

(2) Any executive officer, director, stockholder, partner or member of the insured;

b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured;
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c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or

d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling.

The above does not apply to fines or penalties imposed because of discrimination.

02/27/2024 C6 Page 65 of 74

PI-CA-001 (09/15)

© 2015 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL AUTOMOBILE ELITE ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE PART
Following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording.

Coverage extensions under this endorsement only apply in the event that no other specific coverage for these extensions is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted in this endorsement.

Any deductible listed in the Auto Declarations Page will apply unless specific deductible provisions are set forth under a coverage enhancement below.

Coverage Applicable Limit of Insurance
Page
#
Who is An Insured
Board Members
Newly Acquired Entities
Designated Insured
Lessor of Leased Autos
Included
Included
Included
Included
2 Cost of Bail Bonds $5,000 2
Reasonable Expenses – Loss of Earnings $500 per day 2
Fellow Employee Coverage Amended 3
Towing $100 per disablement 3
Glass Breakage (Windshields and Windows) No deductible applies 3 Transportation Expenses $100 per day / $3,000 maximum 3 Hired Auto Physical Damage – Loss of Use $100 per day / $1,000 maximum 3 Hired Auto Physical Damage ACV or repair or replacement of the vehicle whichever is less
4 Personal Effects $500 4
Rental Reimbursement $100 per day / 30 days 4
Accidental Discharge – Air Bag Amended 4
Electronic Equipment $1000 5
Original Equipment Manufacturer Parts
Replacement
Included 5
Auto Loan / Lease Gap Coverage Amended 5
One Comprehensive Coverage Deductible Per
Occurrence
Amended 6
Notice of and Knowledge of Occurrence Amended 7
Blanket Waiver of Subrogation Amended (as required by written contract) 7 Unintentional Errors or Omissions Amended 7
Mental Anguish – Bodily Injury Redefined Amended 7
POLICY NUMBER: PHPK2575321
02/27/2024 C6 Page 66 of 74

PI-CA-001 (09/15)

© 2015 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

I. LIABILITY COVERAGE EXTENSIONS
A.Who Is An Insured
SECTION II – LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended by adding the following:

The following are also "insureds":

1. Board Members – Board members (or their spouses) while renting a vehicle while on business for the named insured.

2. Newly Acquired Entities – 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 the acquisition or the formation of the business entity.

3. Designated Insured – Any person or organization designated by the “insured” is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in SECTION II of the Coverage Form.

4. Lessor of Leased Autos – The lessor of a “leased auto” is an “insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by:
a.You;
b.Any of your "employees" or agents; or
c.Any person, except the lessor or any "employee" or agent of the lessor, operating a “leased auto” with the permission of any of the above.

Any “leased auto” in the policy schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow.

The coverages provided under this endorsement apply to any “leased auto” in the policy schedule until the expiration date of the lease, or when the lessor or his or her agent takes possession of the “leased auto,” whichever occurs first. “Leased auto” means an “auto” leased or rented to you, including any substitute, replacement or extra “auto” needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor.

B. Cost of Bail Bonds
SECTION II – LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a.

Supplementary Payments, Item (2) is deleted in its entirety and replaced with the following:
(2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds.

C. Reasonable Expenses
SECTION II – LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a.

Supplementary Payments, Item (4) is deleted in its entirety and replaced with the following:
02/27/2024 C6 Page 67 of 74

PI-CA-001 (09/15)

© 2015 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission. (4)All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.

D. Fellow Employee Coverage
SECTION II – LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee is deleted in its entirety and replaced by the following:
"Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business.

However, this exclusion does not apply to any manager or officer of your company.

II. PHYSICAL DAMAGE COVERAGE EXTENSIONS
A. Towing
SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing is deleted in its entirety and replaced with the following:

2. Towing
We will pay up to $100 for towing and labor costs incurred each time a covered "auto" is disabled. However, the labor must be performed at the place of disablement. No deductible applies to this enhancement.

B. Glass Breakage
SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 3. Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles is amended by adding the following:

No deductible applies to "loss" to glass used in the windshield or windows.

C. Transportation Expenses
SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a.

Transportation Expenses is deleted in its entirety and replaced with the following:
a. Transportation Expenses
We will pay up to $100 per day to a maximum of $3,000 for temporary transportation expenses incurred by you because of a “loss” to a covered “auto.” We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the “loss” and ending, regardless of the policy’s expiration, when the covered “auto” is returned to use or we pay for its “loss.”
D. Hired Auto Physical Damage – Loss of Use
The last sentence of SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4.

Coverage Extensions, b. Loss of Use Expenses is deleted in its entirety and replaced with the following:

However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $1,000.
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© 2015 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

E. Hired Auto Physical Damage
SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following extension:

Hired Auto Physical Damage
Any "auto" you lease, hire, rent or borrow from someone other than your “employees” or partners, or members of their household is a covered "auto" for each of your physical damage coverages.

The most we will pay for any “loss” in any one “accident” is the ACV or the cost for repair or replacement of the vehicle, whichever is less.

For each covered “auto” our obligation to pay will be reduced by a deductible of $500 for Comprehensive Coverage and $1000 for Collision Coverage.

F. Personal Effects Coverage
SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following extension:

Personal Effects Coverage
We will pay up to $500 for “loss” to personal effects, which are:

1.Owned by an “insured”; and

2.In or on your covered “auto.”
This coverage applies only in the event of the total theft of your covered “auto.” No deductible applies to this coverage.

G. Rental Reimbursement
SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following extension:

Rental Reimbursement Coverage
We will pay up to $100 per day, for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an “auto” because of “loss” to a covered “auto.” We will also pay up to $300 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered “auto.” If “loss” results from the total theft of a covered “auto,” we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Item III. C.

Transportation Expenses of this endorsement.

H. Accidental Discharge – Airbag Coverage
SECTION III – PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 3. is amended by adding the following exception:
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PI-CA-001 (09/15)

© 2015 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

This exclusion does not apply to the accidental discharge of an airbag. This coverage is excess of any other collectible insurance or warranty. No deductible applies to this coverage.

I. Electronic Equipment Coverage
The following supersedes anything to the contrary in SECTION III – PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 4.

Exclusions 4.c. and 4.d. do not apply to:

Any risk management or monitoring equipment and 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."
The most we will pay for all “loss” to risk management or monitoring equipment, audio, visual or data electronic equipment that is not designed solely for the reproduction of sound and any accessories used with this equipment as a result of any one “accident” is the least of:
a.The actual cash value of the damaged or stolen property at the time of the “loss”; b.The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or
c.$1,000.

This coverage will not apply if there is other insurance provided by this policy for the above- described electronic equipment. We will, however, pay any deductible, up to $500, that is applicable under the provisions of the other insurance.

J. Original Equipment Manufacturer (OEM) Parts Replacement SECTION III – PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance, Paragraph 1. is amended to include:

However, if the covered “auto” has less than 20,000 miles on its odometer, then the following condition will apply:

We will pay the cost to replace the damaged parts (excluding glass and mechanical parts) with new Original Equipment Manufacturer replacement parts if the damaged parts cannot be repaired.

K. Auto Loan / Lease Gap Protection
SECTION III – PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is amended to include the following:

4. In the event of “loss” to a covered “auto” that is loaned or leased to an “insured”:
a. The most we will pay for “loss” in any one “accident” is the lesser of:
02/27/2024 C6 Page 70 of 74

PI-CA-001 (09/15)

© 2015 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) The actual cash value of the damaged or stolen property as of the time of the “loss”; or
(2) The cost of repairing or replacing the damaged or stolen property with other property of like, kind and quality.
b. Our Limit of Insurance for “total loss” will be the greater of:
(1) The balance due under the terms of the lease or loan, to which your "auto" is subject but not including:
(a) Past due payments;
(b) Financial penalties imposed under the lease;
(c) Security deposits not refunded;
(d) Costs for extended warranties or insurance; or
(e) Final payment due under a “balloon loan”; or
(2) Actual cash value of the stolen or damaged property.

An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of “loss.”
c. Additional Definitions
(1) “Total loss” for the purpose of this coverage, means a loss in which the estimated cost of repairs, plus the salvage value, exceeds the actual cash value. (2) “Balloon loan” is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. d. Additional Conditions
This coverage will apply only to the original lease or loan written on your covered “auto.” In order for this coverage to apply, leased “autos” must be leased or rented to you under a leasing or rental agreement, for a period of not less than six months, which requires you to provide direct primary insurance for the benefit of the lessor.

L. One Comprehensive Coverage Deductible
SECTION III – PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding the following:

Only one Comprehensive Coverage Deductible per occurrence will apply to any “loss” resulting from a covered peril.

For the purpose of this extension, occurrence means a single incident, including continuous or repeated exposure to substantially the same general harmful conditions within a 24-hour period.
02/27/2024 C6 Page 71 of 74

PI-CA-001 (09/15)

© 2015 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

III. BUSINESS AUTO CONDITIONS
A. Notice and Knowledge of Occurrence
SECTION IV – BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, Paragraph a. is deleted in its entirety and replaced with the following:
a. In the event of “accident,” claim, “suit” or “loss,” you must give us, or our authorized representative, prompt notice of the “accident” or “loss.” Include:
(1) How, when and where the “accident” or “loss” occurred; (2) The “insured’s” name and address; and
(3) To the extent possible, the names and addresses of any injured persons and witnesses.

Your duty to give us or our authorized representative prompt notice of the “accident” or “loss” applies only when the “accident” or “loss” is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership; or
(3) An executive officer or insurance manager, if you are a corporation.

B. Blanket Waiver Of Subrogation
SECTION IV – BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5.Transfer Of Rights Of Recovery Against Others To Us, is amended by adding the following exception:

However, we waive any right of recovery we may have against any person or organization because of payments we make for “bodily injury” or “property damage” arising out of the operation of a covered “auto” when you have assumed liability for such “bodily injury” or “property damage” under an “insured contract.”
C. Unintentional Errors or Omissions
SECTION IV – BUSINESS AUTO CONDITIONS,B. General Conditions, 2. Concealment, Misrepresentation, Or Fraud is amended by adding the following:

The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.

IV. DEFINITIONS
A. Mental Anguish
SECTION V – DEFINITIONS, C. "Bodily injury" is amended by adding the following:
“Bodily injury” also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease.
02/27/2024 C6 Page 72 of 74

PI-GL-005 (07/12)
Page of
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED

PRIMARY AND NON-CONTRIBUTORY INSURANCE
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Effective Date: 07/01/2023
Name of Person or Organization (Additional Insured):

Blanket - Where required by contract
SECTION II – WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” arising out of or relating to your negligence in the performance of “your work” for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule.

This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization.

This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or ”occurrence” we cover for this Additional Insured.

The Additional Insured’s limits of insurance do not increase our limits of insurance, as described in SECTION III – LIMITS OF INSURANCE.

All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged.
11 02/27/2024 C6 Page 73 of 74

 



 


 








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+Berkshire Hathaway Homestate Ins Co )


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