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2500 - Evergreen Baptist Church of Los Angeles - Food and Nutrition Program in Response to COVID-19 Through CDBG-CV Funds
(4 ;4ii \• • CIVIC PRIDE flit, .7 RPDRATED 1,59 'hCD PUBLIC SERVICE AGREEMENT FOOD AND NUTRITION PROGRAM IN RESPONSE TO CORONAVIRUS (COVID-19) FUNDED THROUGH COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS (CDBG-CV) (EVERGREEN BAPTIST CHURCH OF LOS ANGELES) 1. PARTIES AND DATE. This Agreement is made and entered into this day of August, 2020 by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and Evergreen Baptist Church of Los Angeles with its principal place of business at 1255 San Gabriel Blvd., Rosemead, California 91770 ("Subrecipient"). City and Subrecipient are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Funding. City is the recipient of funds from the United States Department of Housing and Urban Development(hereinafter"HUD") pursuant to Title I of the Housing and Community Development Act of 974 (41 U.S.C. 5301-5320) as amended (hereinafter"ACT").The City received a special allocation of Community Development Block Grant (CDBG) funds to be used to prevent, prepare for and respond to the coronavirus (COVID-19) (hereinafter CDBG-CV). This allocation was authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, signed on March 27, 2020, which included a one-time supplemental appropriation to the CDBG program to address the economic impacts of COVID-19. CDBG-CV funds must be used to prevent, prepare for, and respond to the COVID-19 pandemic. The City has approved the funds to be used to fund a Food and Nutrition Program in the amount of$25,000. Subrecipient is to perform all services set forth in the Schedule of Services, attached hereto as Exhibit A and incorporated herein by reference. The funding for said services will come exclusively from the supplemental CDBG-CV allocation. Catalog of Federal Domestic Assistance (CFDA)Number: 14.218 CFDA Title:Community Development Block Grant(CDBG)/Entitlement Grants Coronavirus Aid,Relief,and Economic Security Act(CARES)—CDBG-CV Evergreen Baptist Church of Los Angeles Page 2 of 18 2.2 Subrecipient. Subrecipient desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Subrecipient represents that it is experienced in providing a Food and Nutrition Program to public clients, is licensed in the State of California and is familiar with the plans of City. 2.3 Project. City desires to engage Subrecipient to render Food and Nutrition Program ("Services") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Subrecipient promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Food and Nutrition Program necessary for the City, herein referred to a "Services". The Services are more particularly described in Exhibit A attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 National Objectives. All activities funded with CDBG-CV funds must meet one of the CDBG program's National Objectives: benefit low- and moderate-income persons; aid in the prevention elimination of slums or blight; or meet community development needs having a particular urgency as defined in 24 CFR 570.208. The Subrecipient certifies that the activities carried out under this Agreement will meet one or more of the sited National Objections. 3.1.3 Term. The term of this Agreement shall be for a one-year time period from August 24, 2020 to June 30, 2021 at the sole and absolute discretion of the City, unless earlier terminated as provided herein. Subrecipient shall complete the Services within the term of the Agreement and shall meet any other established schedules and deadlines. 3.1.4 Suspension and Termination. According to 24 CFR 85.43 suspension or termination may occur if the Subrecipient materially fails to comply with any term of this Agreement. This Agreement may also be terminated for the City's convenience, consistent with 24 CFR 85.44. 3.2 Responsibilities of Subrecipient. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Catalog of Federal Domestic Assistance(CFDA)Number: 14.218 CFDA Title:Community Development Block Grant(CDBG)/Entitlement Grants Coronavirus Aid, Relief,and Economic Security Act(CARES)—CDBG-CV Evergreen Baptist Church of Los Angeles Page 3 of 18 Services shall be performed by Subrecipient or under its supervision. Subrecipient will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Subrecipient on an independent contractor basis and not as an employee. Subrecipient retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Subrecipient shall also not be employees of City and shall at all times be under Subrecipient's exclusive direction and control. Subrecipient shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Subrecipient shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Subrecipient shall perform the Services expeditiously, within the term of this Agreement. Subrecipient represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Subrecipient's conformance with the Schedule, City shall respond to Subrecipient's submittals in a timely manner. Upon request of City, Subrecipient shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Subrecipient shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Subrecipient has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Subrecipient may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Subrecipient cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Subrecipient at the request of the City. The key personnel for performance of this Agreement is as follows: Jonathan Wu, Executive Pastor. 3.2.5 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Subrecipient shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Subrecipient's Representative. Subrecipient will designate to act as Catalog of Federal Domestic Assistance(CFDA)Number: 14.218 CFDA Title:Community Development Block Grant(CDBG)/Entitlement Grants Coronavirus Aid,Relief,and Economic Security Act(CARES)—CDBG-CV Evergreen Baptist Church of Los Angeles Page 4 of 18 its representative for the performance of this Agreement ("Subrecipient's Representative"). Subrecipient's Representative shall have full authority to represent and act on behalf of the Subrecipient for all purposes under this Agreement. The Subrecipient's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services: Subrecipient agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Subrecipients and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Subrecipient shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Subrecipient represents and maintains that it is skilled in the professional calling necessary to perform the Services. Subrecipient warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Subrecipient represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Subrecipient shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Subrecipient's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations. Subrecipient shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Subrecipient shall be liable for all violations of such laws and regulations in connection with Services. If the Subrecipient performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Subrecipient shall be solely responsible for all costs arising therefrom. Subrecipient shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Subrecipient shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Subrecipient shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Subrecipient shall at all times be in compliance with all applicable local, state and federal Catalog of Federal Domestic Assistance(CFDA)Number: 14.218 CFDA Title:Community Development Block Grant(CDBG)/Entitlement Grants Coronavirus Aid,Relief,and Economic Security Act(CARES)—CDBG-CV Evergreen Baptist Church of Los Angeles Page 5 of 18 laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.12 Retention of Records and Reports: Subrecipient shall maintain the following records and reports to assist the City in maintaining its record keeping requirements: 3.2.12.1 Records. (A) Documentation of the income level of person and/or families participating in or benefiting by the Contractor's program. (B) Documentation of all CDBG-CV funds received by City. (C) Documentation of expenses. Subrecipient must establish and maintain, on a current basis, and adequate accounting system in accordance with generally accepted accounting principles and standards and OMB Circular A-122, and 2 CFR Part 200 Subpart F. All expenditures must be documented by receipts, invoices, canceled checks, inventory records, or other appropriate documents for non-personnel cost, and time records for personnel costs, which completely discloses the amount and nature of the expenditures. (D) Any such other related records as City shall require. 3.2.12.2 Reports. (A) Payment Request. (B) Monthly Performance Report. Subrecipient shall submit to the City every month, reports, which shall be a statement describing the steps and approaches taken to meet the specified goals. This report shall include a project activity statement and shall include any program income, any joint funding, and nonexpendable and expendable personal property purchased or leased with CDBG-CV funds. These reports must trace the CDBG-CV funds award to a level of expenditure adequate to establish that such funds have not been used in violation of the restrictions and prohibitions of applicable law. (C) Final Evaluation Report. Subrecipient shall annually make available for inspection its performance, financial and all other records pertaining to performance of this Agreement to authorized City and HUD personnel, and allow said personnel to inspect and monitor its facilities and program operations, including the interview of Operation Agency staff and program participants as required by the City. The Subrecipient agrees to submit all data that are necessary to complete the Annual Performance Report in accordance with HUD requirements and no later than fifteen (15) days prior to the expiration of this Agreement. Catalog of Federal Domestic Assistance(CFDA)Number: 14.218 CFDA Title:Community Development Block Grant(CDBG)/Entitlement Grants Coronavirus Aid, Relief,and Economic Security Act(CARES)—CDBG-CV Evergreen Baptist Church of Los Angeles Page 6 of 18 (D) Any such other reports as the City shall require. 3.2.13 Program Income. Subrecipient shall comply with the program income requirements set for in 24 CFR 570.504(c). At the end of the Agreement expiration/termination, Subrecipient shall remit all and any program income balances (including investments thereof) held by Subrecipient (except those needed for immediate cash needs, cash balances or a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs) as required §570.503 (b)(8). 3.2.14 Reversion of Assets. Upon the expiration of the Agreement, Subrecipient shall transfer to the City any CDBG-CV funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG-CV funds, including any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG-CV funds (including CDBG-CV funds provided to the Subrecipient in the form of a loan) in excess of$25,000 is either: (i) Used to meet one of the national objectives in 24 CFR 570.208 until five years after expiration of the Agreement, or for such longer period of time as determined to appropriate by City; or (ii) Not used in accordance with paragraph (b)(7)(i) of 24 CFR 570.503, in which event the Subrecipient shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG-CV funds for the acquisition of , or improvement to, the property. The payment is program income to the City (No payment is required after period of time specified in §570.503(b)(7)(i)). 3.2.15 Uniform Administrative Requirements. Subrecipient shall comply with applicable uniform administrative requirements as described in 24 CFR 84 as modified by 24 CFR 570.502(b), OMB Circular A-122 Cost Principals for Non-Profit Organizations, and OMB Circular A-133 Audits of States, Local Governments and Non- Profit Organizations. 3.2.16 Compliance with Applicable Laws. Subrecipient agrees to comply fully with all applicable federal, State and local laws, ordinances, regulations, and permits, including but not limited to federal CDBG financial and contractual procedures, and OMB Circular A-110 with Attachments A, B, C, F, H, N, and 0, as set forth in 24 CFR 570.502(b). Said federal documents are on file at the City, and are incorporated herein by reference. Subrecipient shall secure any new permits required by authorities herein with jurisdiction over the project, and shall maintain all presently required permits. Subrecipient shall ensure that the requirements of the California Environmental Quality Act are met for any permits or other entitlements required to carry out the terms of this Agreement. 3.2.17 Political Activities. Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities as defined in 24 CFR 570.207(a)(3), lobbying, political patronage, and nepotism Catalog of Federal Domestic Assistance(CFDA)Number: 14.218 CFDA Title:Community Development Block Grant(CDBG)/Entitlement Grants Coronavirus Aid, Relief,and Economic Security Act(CARES)—CDBG-CV Evergreen Baptist Church of Los Angeles Page 7 of 18 activities. 3.2.18 Affirmative Action Policy. 3.2.18.1 Provisions of Program Services (A) Subrecipient shall not on the ground of race, color, national origin or sex, exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG-CV funds. (B) Subrecipient shall not under any program or activity funded in whole or in part with CDBG-CV funds, on the ground of race, color, national origin, or sex: 1. Deny any facilities, services, financial aid or other benefits provided by the program or activity. 2. Provide any facilities, services, financial aid or other benefits which are different or are provided in a different form from that provided to other under the program or activity. 3. Subject to segregated or separate treatment in any facility in, or in any matter or process related to receipt of any service or benefit under the program or activity. 4. Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity. 5. Treat an individual differently from another in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet, in order to be provided any facilities, services or other benefit provided under the program or activity. 6. Deny an opportunity to participate in a program or activity as an employee. (C) Subrecipient may not utilize criteria or methods of administration which have the effective of subjecting individuals to discrimination on the basis of race, color, national origin, or sex, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular race, color, national origin, or sex. (D) Subrecipient, in determining the site or location of housing or facilities provided in whole or in part with CDBG-CV funds, may not make selections of such site or location which have the effect of excluding individuals from, denying from the benefits of, or subjecting them to discrimination on the ground of race, color, national origin, or sex, or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendment thereto. (E) In administrating a program or activity funded in whole or in part with CDBG-CV funds regarding which the Subrecipient has previously discriminated against persons on the grounds of race, color, national origin or sex, the Subrecipient must take affirmative action to overcome the effects or prior discrimination. Catalog of Federal Domestic Assistance(CFDA)Number: 14.218 CFDA Title:Community Development Block Grant(CDBG)/Entitlement Grants Coronavirus Aid,Relief, and Economic Security Act(CARES)—CDBG-CV Evergreen Baptist Church of Los Angeles Page 8 of 18 Even in the absence of such prior discrimination, Subrecipient in administrating a program or activity funded in whole or in part with CDBG-CV funds should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin or sex. Where previous discriminatory or usage tends on the ground of race, color national origin or sex to exclude individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program or activity to which CDBG-CV funding applies, Subrecipient has an obligation to take reasonable action to remove or overcome the consequences or the prior discriminatory practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964. Subrecipient shall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in service or facilities provided to any geographic area of specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. (F) Notwithstanding anything to the contrary in Section 3.2.18.1 (A)-(E) nothing contained herein shall be construed to prohibit any Subrecipient from maintaining or construction separate living facilities or rest room facilities for different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed by a member of the same sex as the recipients of the services. 3.2.18.2 Employment Discrimination (A) Subrecipient shall not discriminate against any employee or application for employment because of race, color, religion, sex, national origin, age, familial status or handicap. Subrecipient shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, age, familial status or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation and selection for training including apprenticeship. Subrecipient agrees to post in a conspicuous place available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. (B) Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, sate that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, familial status or handicap. (C) Subrecipient shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by City's contracting officers advising the labor union or workers' representative of Contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notices in a conspicuous place available to employees and applicants for employment. (D) Subrecipient shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (E) Subrecipient shall furnish to the city all information and reports required by Executive Order 11246 of September 24, 1965. And Catalog of Federal Domestic Assistance(CFDA)Number: 14.218 CFDA Title:Community Development Block Grant(CDBG)/Entitlement Grants Coronavirus Aid,Relief, and Economic Security Act(CARES)—CDBG-CV Evergreen Baptist Church of Los Angeles Page 9 of 18 by the related rules, regulation, and orders. (F) In the event of Subrecipient's failure to comply with any rules, regulations, or order required to be complied with pursuant to this Agreement, City may cancel, terminate, or suspend in whole or in part its performance and Subrecipient may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (G) Subrecipient shall include the provisions of Section 3.2.18.2(A)-(F) in every sub-contract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each sub-contractor rider as the City may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event Subrecipient becomes involved in, or is threatened with, litigation with a sub-contractor or vendor as a result of such direction by the City, Subrecipient may request the Unites States to enter into such litigation to protect the interest of the United States. (H) Subrecipient shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Action of 1975 (42 U.S.C. 6101 et seq.) or with respect to any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). ( I ) Subrecipient shall also provide ready access to and use of all CDBG-CV fund assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and with the requirements of the Americans with Disabilities Act (ADA). 3.2.18.3 Remedies. In the event of Subrecipient's failure to comply with any rules, regulations, or orders required to be complied with pursuant to the Agreement, city may cancel, terminate, or suspend in whole or in part its performance and Subrecipient may be declared ineligible for further government contracts and any such other sanctions as may be imposed and remedies invoked as provided by law. 3.2.19 Ineligibility of Subrecipient. Subrecipient shall not use CDBG-CV funds directly or indirectly in its operations or to comply, award contracts to, or otherwise engage the services of, or fund any contractor during any period of debarment, suspension, or placement in ineligibility status of any contractor under the provisions of 24 CFR Part 24. 3.2.20 Assignability. Subrecipient shall not assign or transfer any interest in this Agreement, whether by assignment, delegation or novation, without the prior written consent of the City; provided, however, that claims for money are to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Any assignment, delegation or novation other that as provided above shall be void, and Catalog of Federal Domestic Assistance(CFDA)Number: 14.218 CFDA Title:Community Development Block Grant(CDBG)/Entitlement Grants Coronavirus Aid,Relief, and Economic Security Act(CARES)—CDBG-CV Evergreen Baptist Church of Los Angeles Page 10 of 18 inoperative. Notice of any proper assignment or transfer shall be promptly furnished to City. 3.2.21 Conditions for Religious Organization. Subrecipient shall comply with all applicable conditions prescribed by HUD under 24 CFR 570.200(j) and 24 CFR 5.109 for the use of CDBG-CV funds by religious organization if Subrecipient is a religious organization. 3.2.22 Licensing. Subrecipient agrees to obtain and maintain all licenses, registrations, accreditation and inspections from all agencies governing its operations. Subrecipient shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing contractors funded hereunder. 3.2.23 Conflict of interest & Procurement Standards and Methods. In the procurement of supplies, equipment, construction, and services by contract, the conflict of interest provisions in Attachment 0 of OMB Circular A-110, and provisions of 24 CFR 84.82; 24 CFR 570.502 and 570.611 shall apply. 3.2.24 Other Program Requirements. Subrecipient shall carry out contract activities in compliance with all Federal laws and regulations described in Subpart K of 24 CFR 570, except the following: (i) Subrecipient does not assume the City's environmental responsibilities; and (ii) Subrecipient does not assume City's responsibility for initiating the review process under the provision of 24 CFR Part 52. 3.3 Fees and Payments. 3.3.1 Compensation. Subrecipient shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed $25,000. Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Subrecipient shall submit to City a monthly itemized statement which indicates work completed and Services rendered by Subrecipient. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Subrecipient shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At any time during the term of this Agreement, City may request that Subrecipient perform Extra Work. As used herein, "Extra Work" means any Catalog of Federal Domestic Assistance(CFDA)Number: 14.218 CFDA Title:Community Development Block Grant(CDBG)/Entitlement Grants Coronavirus Aid, Relief,and Economic Security Act(CARES)—CDBG-CV Evergreen Baptist Church of Los Angeles Page 11 of 18 work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Subrecipient shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages: Subrecipient is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Subrecipient agrees to fully comply with such Prevailing Wage Laws. City shall provide Subrecipient with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Subrecipient shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Subrecipient's principal place of business and at the project site. Subrecipient shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Subrecipient shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Subrecipient shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Subrecipient shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Subrecipient, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Subrecipient of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Subrecipient shall be compensated only for those services which have been adequately rendered to City, and Subrecipient shall be entitled to no further compensation. Subrecipient may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Subrecipient to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Subrecipient in connection with the performance of Services under this Agreement. Subrecipient shall Catalog of Federal Domestic Assistance(CFDA)Number:14.218 CFDA Title:Community Development Block Grant(CDBG)/Entitlement Grants Coronavirus Aid,Relief,and Economic Security Act(CARES)—CDBG-CV Evergreen Baptist Church of Los Angeles Page 12 of 18 be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services: In the event this Agreement is • terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: SUBRECIPIENT: Evergreen Baptist Church of Los Angeles 1255 San Gabriel Blvd. Rosemead, CA 91770 Attn: Jonathan Wu, Executive Pastor Tel: (626) 260-5582 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Angelica Frausto-Lupo, Director of Community Development Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Compliance with Federal and State Law. and Certification and Assurances. Subrecipient stipulates that it understands that the funds for this Contract are originally provided by the Federal Government and that consequently the expenditure of these funds is subject to specific requirements set forth in various Federal regulations and agreements between the City and U.S. Department of Housing and Urban Development. In particular, this Agreement is subject to requirements contained in 24 CFR Part 570 and Title I of the Housing and Community Development Act of 1974 and its amendments. SUBRECIPIENT and City agree to cooperate to the fullest extent possible to ensure compliance with all Federal requirements. Subrecipient further warrants that it will comply with the following requirements: (A)Compliance with Section 3 of the Housing and Urban Development Act of 1968. (B) Requirements relating to equal employment opportunities. Catalog of Federal Domestic Assistance(CFDA)Number: 14.218 CFDA Title:Community Development Block Grant(CDBG)/Entitlement Grants Coronavirus Aid,Relief,and Economic Security Act(CARES)—CDBG-CV Evergreen Baptist Church of Los Angeles Page 13 of 18 (C)Requirements relating to the maintenance of a drug-free workplace. (D)Compliance with Federal Labor Standards. (E) Requirements forbidding interests of certain Federal officials (F) Compliance with the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et.seq., and EPA regulations in 40 CFR Part 40, as amended. (G)Requirements forbidding interests in the Agreement by City and local government officials. (H)Compliance with program income and property management standards as defined in Federal Office of Management and Budget Circular A-102. (I) Program Income — Transfers of grant funds by the City to the Subrecipient shall be adjusted according to the principles described in 24 CFR 507.504 (b)(2)(i). Any program income on hand when this agreement expires, or received after this Agreement's expiration, shall be paid to the City as required by Section 3.2.13 of this Agreement and 24 CFR 507.503(b)(8). (J) Compliance with applicable uniform administrative requirements as described in 24 CFR Part 570.502(b). (K)Compliance with all Federal laws and regulations described in 24 CFR Part 570 at Subpart K of these regulations except that: 1. The Subrecipient does not assume the City's environmental responsibilities described at Section 570.604 of 24 CFR Part 570 2. The Subrecipient does not assume the City responsibility for initiating the review process under the provisions of 24 CFR Part 52. (L) Upon expiration of this Agreement the Subrecipient shall transfer to the City any CDBG-CV funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG-CV funds. Any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG-CV funds in excess of $25,000 must be either: (1) used to meet one of the National Objectives in Section 570.208 of 24 CFR Part 570 until five (5) years after the expiration of this agreement; or (2) disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value attributable to expenditures of non-CDBG-CV funds for acquisition of, or improvement to, the property. (M)Other Federal Acts applicable to projects funded with CDBG-CV funds. 3.5.4 Ownership of Materials and Confidentiality. 3.5.4.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Subrecipient under this Agreement ("Documents & Data"). Subrecipient shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Catalog of Federal Domestic Assistance(CFDA)Number: 14.218 CFDA Title:Community Development Block Grant(CDBG)/Entitlement Grants Coronavirus Aid, Relief,and Economic Security Act(CARES)—CDBG-CV Evergreen Baptist Church of Los Angeles Page 14 of 18 Documents & Data the subcontractor prepares under this Agreement. Subrecipient represents and warrants that Subrecipient has the legal right to license any and all Documents & Data. Subrecipient makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Subrecipient or provided to Subrecipient by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.4.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Subrecipient in connection with the performance of this Agreement shall be held confidential by Subrecipient. Such materials shall not, without the prior written consent of City, be used by Subrecipient for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Subrecipient which is otherwise known to Subrecipient or is generally known, or has become known, to the related industry shall be deemed confidential. Subrecipient shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.5 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.6 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all costs of such action. 3.5.7 Indemnification: To the fullest extent permitted by law, Subrecipient shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Subrecipient, its officials, officers, employees, agents, Subrecipients and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney's fees and other related costs and expenses. Subrecipient shall defend, at Subrecipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Subrecipient shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Subrecipient shall reimburse City and its Catalog of Federal Domestic Assistance(CFDA)Number: 14.218 CFDA Title:Community Development Block Grant(CDBG)/Entitlement Grants Coronavirus Aid,Relief, and Economic Security Act(CARES)—CDBG-CV Evergreen Baptist Church of Los Angeles Page 15 of 18 directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Subrecipient's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.8 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.9 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.10 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.11 City's Right to Employ Other Subrecipients: City reserves right to employ other Subrecipients in connection with this Project. 3.5.12 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.13 Assignment or Transfer: Subrecipient shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.14 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Subrecipient include all personnel, employees, agents, and subcontractors of Subrecipient, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.15 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.16 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, Catalog of Federal Domestic Assistance(CFDA)Number: 14.218 CFDA Title:Community Development Block Grant(CDBG)/Entitlement Grants Coronavirus Aid,Relief,and Economic Security Act(CARES)—CDBG-CV Evergreen Baptist Church of Los Angeles Page 16 of 18 benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.17 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.18 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.19 Prohibited Interests: Subrecipient maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Subrecipient, to solicit or secure this Agreement. Further, Subrecipient warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Subrecipient, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Subrecipient further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.20 Equal Opportunity Employment: Subrecipient represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Subrecipient shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.21 Labor Certification: By its signature hereunder, Subrecipient certifies that it is aware of the provisions of Section 3700 of the California 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 agrees to comply with such provisions before commencing the performance of the Services. 3.5.22 Authority to Enter Agreement: Subrecipient has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.23 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. Catalog of Federal Domestic Assistance(CFDA)Number: 14.218 CFDA Title:Community Development Block Grant(CDBG)/Entitlement Grants Coronavirus Aid,Relief,and Economic Security Act(CARES)—CDBG-CV Evergreen Baptist Church of Los Angeles Page 17 of 18 3.6 Subcontracting. 3.6.1 Prior Approval Required: Subrecipient shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next page] • Catalog of Federal Domestic Assistance(CFDA)Number: 14.218 CFDA Title:Community Development Block Grant(CDBG)/Entitlement Grants Coronavirus Aid,Relief,and Economic Security Act(CARES)—CDBG-CV Evergreen Baptist Church of Los Angeles Page 18 of 18 CITY OF ROSEMEAD SUBRECIPIENT B : ,, illi i ` ' �` r, _ aji1j2QZC) By: C , ,.LA tq 207t loria Molleda, City Manager Date Date Name: S o6-)`4% rt54-3 c w Attest: ^� Title: E.:-.'6 c�11ve PAQ�0_ 1 1 �f242ou Ericka Hernandez, City Clerk Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: By: / / W, BIOVA Name: Rachel Richman Date City Attorney Title: Catalog of Federal Domestic Assistance(CFDA)Number: 14.218 CFDA Title:Community Development Block Grant(CDBG)/Entitlement Grants Coronavirus Aid, Relief, and Economic Security Act(CARES)—CDBG-CV EXHIBIT A PROPOSAL FOR SERVICES/ RATE SCHEDULE/RESUME A-1 U.S. Department of Housing & Urban Development Listing of Proposed Projects/Activities PROGRAM YEAR/PROJECT IDIS ACTIVITY HUD MATRIX/ NAME ID/TITLE 2020/4/CV-Public Service 05W/ Food Banks ACTIVITY TITLE Evergreen Baptist Church of Los Angeles NATIONAL OBJECTIVE ®LMC Low/Mod Limited ❑ SBA Slum/Blight Area Benefit ❑ URG Urgent Need Benefit Clientele Benefit TARGET AREAS INCLUDED (GEOGRAPHIC NEEDS ADDRESSED) ❑Eligible Low and Moderate-Income Block Grant ®Community Wide PROJECT DESCRIPTION Provide partial funding for food banks/food distribution to support the continued availability of food banks, pantries, food services and distribution throughout COVID-19 pandemic or as designated by HUD and City of Rosemead CDBG Program. ANNUAL GOALS SUPPORTED ❑Planning &Administration ❑x Increase Public Service for Seniors ❑Expand Fair Housing Choice and Access ❑Affordable Owner Housing Li Repair Aging Housing Infrastructure ❑Community Housing Development Org ❑Increase the Supply of Lead Safe Housing (CHDO)-Admin El Code Enforcement ❑Support Community Housing Development Org CI Increase Public Services for the At-Risk-Youth (CHDO) CI Prevent Homelessness ❑Acquisition of Land PRIORITY NEEDS ADDRESSED ❑Housing Needs ❑x Supportive Service Needs :Affordable Owner Housing Needs ❑Homeless Needs ❑Renter Needs DEconomic Development Needs CI Fair Housing Needs GOAL OUTCOME INDICATOR QTY UNIT OF MEASURES Provide meals/food to low/mod income Rosemead residents that Persons Assisted were impacted by COVID-19. START DATE: ESTIMATED AMOUNT& RESOURCES 8/24/2020 CDBG-CV $25,000 TARGET DATE COMPLETED: CDBG 6/30/2021 HOME OTHER TOTAL $25,000 Community Development Department CARES Act(CDBG-CV) Substantial Amendment City of Rosemead to the FY2019-2020 Annual Action Plan Evergreen Baptist Church of Los Angeles Public Service: Food and Nutrition Program CDBG-CV Revised Budget August 10, 2020 PROJECT BUDGET SHEET Specific Cost CDBG-CV Other Funds Other Total Item/description Amount Source Funds Amount Requested Amount CDBG-CV& Other Sources PURCHASE OF FOOD ITEMS $ 22,000 See NOTE 13,000 $ 35,000 STAFF $ 0 $ 0 ROSEMEAD LOGISTICS KIWANIS SUPPLIES $ 3,000 CLUB $ 3,500 $ 36,500 TOTAL $ 25,000 $ 16,500 $ 71,500 NOTE: Evergreen Baptist Church of Los Angeles is actively pursuing collaborations and partnerships with local businesses in Rosemead, non-profit organizations in the San Gabriel Valley, various free food resources in the greater Los Angeles, and internal resources of the Church. It is the Church's aim and goal to maintain our commitment of providing for a targeted 1600 individuals each month through the use of the CDBG-CV grant and these other means. PROJECT NARRATIVE ROSEMEAD CHURCHES FOOD DISTRIBUTION INITIATIVE PROJECT OVERVIEW The impacts of the COVID-19 pandemic are disruptive and devastating. Local businesses and restaurants remained shuttered for three months, only to re-open under tenuous and difficult conditions. Teachers in our Garvey and Rosemead school districts pivoted to virtual instruction to conclude the last academic year, impacting family life and student learning development. Our residents lost jobs and witnessed crippled income streams. As reported for the month of May 2020, the unemployment rate in Los Angeles County leaped to 20.9%, fifteen percent higher than a year ago, no doubt impacting many Rosemead families. There is wariness and weariness about public health, safety, and mental health. Our seniors are home-bound, restricted from social contact and community support. Food insecurities and vulnerability are elevated with food bank resources strained to meet the demand. The outlook remains uncertain. The residents of Rosemead have limited food support resources and capacities. The Garvey Community Center serves 170 seniors through their nutrition program. The Garvey and Rosemead districts provides a free lunch program, but its funding into the summer months is unclear. There is a pressing need for consistent programs to support the nutrition and physical health of the residents of Rosemead. As demonstrated by the May 30 pilot food drive-through, the churches in Rosemead are uniquely positioned to be strategic partners for the City to address the prevailing food scarcity reality. The Rosemead Churches Food Distribution Initiative is one compelling action. TARGET POPULATION The Rosemead Churches Food Distribution Initiative is directed to provide food assistance to the most vulnerable in our community. We see two demographic groups that we seek to serve. First would be lower-to moderate-income (LMI) families and individuals, who are in desperate need for food assistance. With a poverty rate of twenty percent in a city population of fifty thousand residents,the needs are real and apparent. The May 30 pilot event confirmed this urgency. Second would be the senior residents who are on fixed income and would benefit from additional resources. These individuals and families are the most severely impacted by the COVID-19 pandemic. With our target goal of serving sixteen hundred individuals each month through this initiative,the churches are eager to be a source of care and blessing. ROSEMEAD CHURCHES FOOD DISTRIBUTION INITIATIVE The four churches have agreed to a monthly food distribution event at our respective churches. The scheduled rhythm is the last Saturday of each month. The host locations would be Evergreen Baptist Church of Los Angeles (1255 San Gabriel Boulevard), Mission Community United Methodist Church(9032 Mission Drive), and Open Bible Church(7915 Hellman Avenue). These sites would create ease of access for residents and families in both the Garvey and Rosemead School districts: Evergreen located in the southern portion of the city, Mission Community in the north-eastern sector, and Open Bible in the south-western area. Each month the churches would distribute four hundred food boxes, each of which would serve a household of four. The food items would be purchased through local food wholesale distributors and discount stores, such as Restaurant Depot and Grocery Outlet. As the initiative establishes traction and new partnerships,the resource base may expand to include free food resources such as the LA Regional Food Bank and Food Finders. Due to the overwhelming demand, the Food Bank is not accepting new members to their program at this time. PARTNERSHIP OF ROSEMEAD CHURCHES AND COMMUNITY ORGANIZATION This initiative has very strong community support. Branches Christian Ministries was incorporated in 1987. Formerly the English-speaking ministry of the Chinese Mission and Alliance Church of Los Angeles, Branches has been resident in Rosemead since 1989 at its current location on Graves Avenue. They have 50 members in their congregation, offering Sunday worship and Wednesday prayer gatherings. They are a primarily Asian-American, English speaking, family-oriented church with focused commitments and involvement spanning both locally and globally. Daniel Kwok is their senior pastor. The Open Bible Church has been part of Rosemead since 1948. It offers services in five different languages: English, Spanish, Kamahi, Indonesian and Thai. Their senior pastor is Frank Contreras. The diverse congregation comprises of mostly blue-collar and manual laborers with about sixty percent being female and forty percent being male. Seventy-five percent of the congregants would qualify as lower-to moderate-income (LMI) persons. In the past, Open Bible has provided food assistance through a partnership with the Food Bank. Mission Community United Methodist Church is a diverse community of faith welcoming people of all nations and cultures. Started in 1924 as a children's outreach and education program, Mission Community is home to 225 members, with 105 attending Sunday worship. It is a culturally diverse congregation and worship in two languages: English and Vietnamese. It has an active youth program reaching students at Rosemead High School. Since 2013, Mission Community has partnered with the Food Bank in providing food resources to six hundred seniors each month. Rev. Dr. Deborah Oh has been its senior pastor since 2010. Rosemead Kiwanis Club and Rosemead Kiwanis Foundation have been an active contributor to the City of Rosemead for the past ninety-two years. Including affiliated sponsored Leadership Partners (three Builders Clubs and the Rosemead High School Key Club),the combined Rosemead K-Family has a membership of one hundred eighty members. Its mission is to advocate and allocate resources for literacy and education, civic leadership, and human and spiritual values. The Foundation contributes financial assistance to twelve local community groups. The initiative has received outstanding support from our school districts. For the May 30 event, Ms. Jennifer Fang of Rosemead School District and Mr. Bulmaro Magallon of Garvey School District were instrumental in communicating with their respective families with food vulnerabilities. The response was impressive considering the limited notification period. The church anticipates continued cooperation and collaboration with these key community partners. GOALS AND OBJECTIVES The goal is to start an effective and sustainable resource to address the food vulnerability of the residents of Rosemead through a city-church partnership. Through the CARES Act CDBG,the City has the financial resources to launch this program. The four churches have demonstrated the capability to mobilize volunteers and to execute a successful program. The primary objective is to build capacity for nutrition well-being through a monthly food distribution program. As outlined in the Project Budget Sheet, the means to this successful outcome would be the purchase of food items (proposed at$79,200), staffing ($16,750), and transportation and material costs ($7550). The total budget is projected at $103,500. Evergreen has secured a$3500 grant from the Rosemead Kiwanis Club for this initiative. STAFFING The initiative would require two part-time staff persons. For the May 30 pilot event, Rev. Dr. Jonathan Wu dedicated sixty (60) hours to organize the planning team, arrange the food purchases and food box supplies, communicate with the City and our local school districts, and oversee the drive through. To be successful and sustainable, two individuals would need to be hired. First would be a program coordinator (working 15 hours per week). This person would oversee the logistical coordination for the monthly event and develop new partnerships and collaborations. Second would be a driver for the operations of a rental truck(working 8 hours per month). CONCLUSION Evergreen Baptist Church of Los Angeles appreciates the support and cooperation given by the City. Previously, the City communicated the May 30 pilot event through the various city departments. The Public Works department placed temporary "No Parking"placards along San Gabriel Boulevard. The Chief of Police reviewed and commented on the site and traffic flow plans. The Community Development staff were extremely helpful and accessible. Evergreen sees the immediate and critical need of food insecurities and vulnerabilities brought on by the unforeseen consequences of the coronavirus pandemic. We, with our church partners, are prepared to serve the City, love our neighbors, care for the most vulnerable and in need. We are grateful to present this initiative for the City's consideration. EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Subrecipient will maintain insurance in conformance with the requirements set forth below. Subrecipient will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Subrecipient agrees to amend, supplement or endorse the existing coverage to do so. Subrecipient acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Subrecipient shall provide the following types and amounts of insurance: Commercial General Liability Insurance: Subrecipient shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance: Subrecipient shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Subrecipient arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Subrecipient, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. C-1 Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Subrecipient and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Subrecipient. Subrecipient and City agree to the following with respect to insurance provided by Subrecipient: 1. Subrecipient agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010. Subrecipient also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Subrecipient, or Subrecipient's employees, or agents, from waiving the right of subrogation prior to a loss. Subrecipient agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Subrecipient shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. C-2 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Subrecipient's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Subrecipient or deducted from sums due Subrecipient, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Subrecipient agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Subrecipient or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10.Subrecipient agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Subrecipient, provide the same minimum insurance coverage required of Subrecipient. Subrecipient agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Subrecipient agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11.Subrecipient agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Subrecipient's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Subrecipient, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Subrecipient ninety (90) days advance written notice of such change. If such change results in substantial • additional cost to the Subrecipient, the City will negotiate additional compensation proportional to the increased benefit to City. C-3 13.For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14.Subrecipient acknowledges and agrees that any actual or alleged failure on the part of City to inform Subrecipient of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Subrecipient will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16.Subrecipient shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Subrecipient's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Subrecipient under this agreement. Subrecipient expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21.Subrecipient agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Subrecipient for the cost of additional insurance coverage required by this C-4 agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Subrecipient agrees to provide immediate notice to City of any claim or loss against Subrecipient arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. C-5 EVERBAP-01 CATHYF ACORE7DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 6/25/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). License#860285 CONTACT Carol Bush PRODUCER NAME: ChurchWest Insurance Services(ACG) PAHO No,Ext):178 FAX 307-1245 201 Cajon Street E-MAIL ,No):(909) Redlands,CA 92373 ADDRESS:carol@churchwest.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Brotherhood Mutual Insurance 13528 INSURED INSURER B: Evergreen Baptist Church of Los Angeles INSURER C: 1255 San Gabriel Blvd INSURER D: Rosemead,CA 91770 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MMIDDIYYYYI (MM/DDIYYYY1 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR 04M5A0390601 4/1/2020 4/1/2021 DAMAGETO Eon 1,000,000 X PREMISES(Ea occurrence) $ MED EXP(Anyone person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 6,000,000 OTHER: COM $ A AUTOMOBILE LIABILITY (Eaaccident)INED SINGLE LIMIT $ 1,000,000 ANY AUTO 04A5A0390644 4/1/2020 4/1/2021 BODILY INJURY(Per person) $ X OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ AUTOS ONLY NON-OWNED ONLY (Peri acEcidentDAMAGE A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE 04M5A0390601 4/1/2020 4/1/2021 AGGREGATE $ DED RETENTION$ Aggregate $ 5,000,000 WORKERS COMPENSATION ER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYIPROPRIETOR/PARTNER E ECUTIVE N/A E.L.EACH ACCIDENTFFEL $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Community Development Block Grant. Certificate holder is named as additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Rosemead,its officials,employees and a agents THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 ACCORDANCE WITH THE POLICY PROVISIONS. 8838 E Valley Blvd Rosemead,CA 91770 AUTHORIZED REPRESENTATIV E v V ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 04M5A0390601 Brotherhood Mutual° Insurance Company This Liability Coverage Endorsement is subject to the terms of the applicable Commercial Liability Coverage Form (GL-100) and the Liability and Medical Coverage Form (BGL-11). Only one liability coverage will apply to an occurrence and any related loss. This endorsement is attached to and made part of the policy. THIS INSURANCE ENDORSEMENT FORMS PART OF YOUR POLICY CONTRACT. PLEASE READ IT CAREFULLY. MINISTRY OPERATIONS COMMERCIAL LIABILITY COVERAGE PROVISION MODIFICATION DESIGNATED ADDITIONAL INSURED(S) AGREEMENT Additional Insured named in an endorsement properly designated in the declarations. We provide the modified coverage described in this • endorsement (BGL-150), but only if it is properly 11 Additional Insureds — With respect to any designated in the declarations, and only with respect person or entity shown on any schedule attached to the Additional Insured(s) designated on the to the Commercial Liability Coverage Provision schedule(s)attached to this endorsement. Modification — Designated Additional Insured(s) endorsement (BGL-150), we will provide the PROVISION MODIFICATION Applicable Coverages shown on any applicable schedule to the Additional Insured named in that With respect to the Additional Insured(s) and the particular schedule. Any Applicable Coverages Applicable Coverages designated on any schedule shown on the schedule are provided only to the attached to this endorsement, Condition 7 of extent that any Additional Insured(s) shown on the Conditions section of the Commercial Liability any applicable schedule are legally liable for the Coverage Form (GL-100) and Condition 11 of the acts of you,your leader,your employee or your Conditions section of the Liability and Medical appointed person, as defined in relation to an Coverage Form(BGL-11)are deleted and replaced by Applicable Coverage shown on that particular the following: schedule. Any Applicable Coverages granted to an Additional Insured by this endorsement and •7 Subrogation Rights—If we make payment under attached schedule(s) are strictly subject to the terms of the policy. any liability coverage or any medical coverage, we reserve the right to require from all applicable The limit of coverage provided to any Additional insureds,and from anyone to whom or on whose Insured(s) designated on any schedule attached behalf we pay, an assignment of their right of to this endorsement will be the lesser of: recovery.Upon our request,such person or entity must transfer to us their right of recovery against a the limit shown on the applicable schedule any party responsible for the injury, and must for anydesignated coverage provided to that assist us in our attempt to recover any amounts Additional Insured; or we have paid under the liability coverage or the medical coverage. We are not liable under any b the amount of coverage required to be liability coverage or any medical coverage if any provided to the Additional Insured under any person has impaired our right to recover. applicable contract or agreement; Waiver of Subrogation Rights An insured may waive our right to recover against an BGL-150 (4.5) Copyright 2018,Brotherhood Mutual Insurance Company All Rights Reserved Page 1 of 5 04M5A0390601 except that the limit of coverage provided by this c liability arising solely out of the activity of endorsement shall never be greater than the limits any Additional Insured, or arising out of any indicated on the declarations. operations other than your operations. The limit of coverage that applies to the Any coverage provided to the Additional Insured Additional Insured will be a shared limit of designated on the schedule in this endorsement coverage (shared with all other insureds under will be primary and non-contributory in relation to the Applicable Coverage of the policy). Nothing in other insurance provided to them on a primary this provision will act to increase any limit of the basis by another policy. policy. Nothing in this endorsement will act to increase any No coverage will be provided to any Additional limits of coverage, or to in any way modify any terms Insured in relation to: of the policy other than the terms specified herein. a any liability incurred by an Additional Insured, other than tort liability; or OTHER PROVISIONS b liability that is incurred prior to the date that we provide an applicable coverage to you, or All other provisions of the applicable Commercial that is incurred after a previously-applicable Liability Coverage Form (GL-100) and the Liability coverage terminates; or and Medical Coverage Form (BGL-11) apply to the Additional Coverages of this endorsement, unless otherwise modified herein. 4.5 Copyright 2018,Brotherhood Mutual Insurance Company BGL-150 (4.5) All Rights Reserved Page 2 of 5 04M5A0390601 This Schedule is an attachment to the Commercial Liability Coverage Provision Modification—Designated Additional Insured(s) endorsement (BGL-150). This schedule contains identifying and specifying information only, and does not grant,_ change or modify any coverage of the policy unless attached to the Commercial Liability Coverage Provision Modification—Designated Additional Insured(s) endorsement(BGL-150). This endorsement is attached to and made part of the Commercial Liability Coverage Provision Modification — Designated Additional Insured(s) endorsement(BGL-150). • COMMERCIAL LIABILITY COVERAGE PROVISION MODIFICATION DESIGNATED ADDITIONAL INSURED(S) SCHEDULE (The information required below may be shown on a separate schedule and/or supplemental declarations.) Named Insured: EVERGREEN BAPTIST CHURCH OF LOS ANGELES Policy Number: 04M5A0390601 Additional Insured: City of Rosemead, its officials, employees and agents 8838 E Valley Blvd Rosemead, CA 91770 Applicable Coverage(s)and Limit(s): COVERAGE L $2,000,000 Coverage Begins: 06/23/2020 Coverage Ends: 04/01/2021 Copyright 2018,Brotherhood Mutual Insurance Company BGL-150 (4.5) All Rights Reserved Page 5 of 5