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2500 - Asian Youth Center – Food and Nutrition Program in Response to COVID-19 Through CDBG-CV FundsN PUBLIC SERVICE AGREEMENT FOOD AND NUTRITION PROGRAM IN RESPONSE TO CORONAVIRUS (COVID-19) FUNDED THROUGH COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS (CDBG-CV) (ASIAN YOUTH CENTER) PARTIES AND DATE. This Agreement is made and entered into this 1st day of July, 2022 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 Asian Youth Center with its principal place of business at 100 West Clary Ave, San Gabriel, California 91770 ("Sub recipient"). 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 (COVI D-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 $40,000. 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 Catalog of Federal Domestic Assistance (CFDA) Number. 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 2 of 18 allocation. 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 andfederal 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 July 1, 2022 to June 30, 2023 at the sole and absolute discretion of the City, unless earlier terminated as provided herein. Subreceipient 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. Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 3 of 18 3.2 Responsibilities of Subrecipient. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The 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 du toe such personnel in connection with their performance of Services under this Agreement and asrequired 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 substituteother 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: Michelle Freridge, Executive Director. 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 Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 4 of 18 designee. 3.2.6 Subrecipient's Representative. Subrecipient designate to act as 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, 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 experienceto perform the Services assigned to them. Finally, Subrecipient represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals ofwhatever 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 forherein. 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. Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 5 of 18 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 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, gangplanks, 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 as identified in the Bid. 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. 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) Quarterly Performance Report. Subrecipient shall submit to the City every three (3) months, quarterly 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 Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 6 of 18 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. (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 $40,000 is either: (i) Used to meet one of the national objectives in 24 CFR 570.208 until five years after the 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. Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 7of18 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 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. Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 8 of 18 (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. 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 providedto 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 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 Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Tills: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 9 of 18 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 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 Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 10 of 18 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 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 570.2000) 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 O 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 576, 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 $40,000.00. 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 a quarterly 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 Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 11 of 18 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 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 Codeof 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 typeof 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 havebeen adequately rendered to City, and Subrecipient shall be entitled to no further compensation. Subrecipient may not terminate this Agreement except for cause. Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 12 of 18 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 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: Asian Youth Center 100 West Clary Ave. San Gabriel, CA 91776 Attn: Michelle Fleridge, Executive Director Tel: (626) 646-4855 City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Ben Kim, City Manager 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 regulationsand 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 Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 13 of 18 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. (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 at 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. (1) 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 the acquisition of, or improvement to, the property. (M)Other Federal Acts are 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 Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) I Entitlement Grants Asian Youth Center (AYC) Page 14 of 18 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 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 orother 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, consultants 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 attorneys 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 Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 15 of 18 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 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 benull 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 work days. 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 Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDATille: Community Development Block Grant (CDBG) I Entitlement Gra.nts Asian Youth Center (AYC) Page 16 of 18 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, 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, Subrecipientwarrants that it has not paid nor has it agreed to pay any company or person, other thana bona fide employee working solely for Subrecipient, any fee, commission, percentage, brokerage fee, gift or another consideration contingent upon or resulting from the award or making of this Agreement. Subrecipient further agrees to fie or shall cause its employees of sub -consultants 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 Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 17 of 18 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. 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 Asian Youth Center (AYC) Page 18 of 18 CITY OF ROSEMEAD SUBRECIPIENT By,_ -:i�z" l 2 Z --By: CO cZ% Ben Im, City Manager D e to Attest: Name: f Title: C��Jb-2 DLY2 City Clerk: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Ap ved as to Form: �� X. Rachel Richman Date City Attorney By: Name: Title: Catalog of Federal Domestic Assistance (CFDA) Number. 14.218 CFDA Title: Community Development Block Grant (CDBG) 1 Entitlement Grant EXHIBIT A PROPOSAL FOR SERVICES/ RATE SCHEDULE/RESUME A-1 CITY OF ROSEMEAD Application for CDBG Funds 2022-2023 Program Year All persons or agencies wishing to apply for 2022-2023 Community Development Block Grant (CDBG) funds must complete an application form in order to be considered. Applications will be accepted until 2:00 p.m. on Monday, Match 7, 2022, via email at tsolommo@dtyofrosemead.org. Late applications will not be accepted. NO EXCEPTIONS. In addition, applications can be submitted to the Community Development Department located at 8838 East Valley Boulevard, Rosemead, CA 91770. In order to be considered for funding, all sections of the application must be completed. Any sections that do not apply should be marked N/ n on the mom. AGENCY INFORMATION Department/Agency Name: ASIAN YOUTH CENTER Contact Person: MICHELLE FRERIDGE Agency Status (Check One): Contact Title: H Non -Profit ❑ For -Profit ❑ Public (City) EXECUTIVE DIRECTOR Agency Address 100 CLARY AVE. Telephone No.: 626-646-4855 Address: SAN GABRIEL, CA 91776 Facsimile No. 626-309-0717 City, state, Zip: Federal Tax IDNo-33-0383691E-=@Address:exec@aycla.org DUNS No.l: 55-5952712 Name of Person Signing Contracts: MICHELLE FRERIDGE AGENCY • • ad&tional sbeets ifnecessa.-)) The Aslan Youth Center (AYC) was founded In the City of Rosemead In 1989 as the Aslan Youth Project, by then City of Monterey Park Councilwoman Judy Chu (founding Board President) and May L. To (founding Executive Director) to address the needs of Bre Aslan Immigrant youth population In the San Gabriel Valley. Asian Youth Center (AY) Is a community-based 501(c)(3) non-profit organization (EIN#33-0383691) whose mission Is to empower low -Income, Immigrant, and at -risk youth, of all communities to overcome baniars to success through the prevision of culturally and linguistically competent education, employment, and social services. We help youth succeed In school, at work, and In Ire. Over the last 30 years, AYC has expanded Its scope to serve low-income, at -risk, immigrant youth and families in South Los Angeles, East Los Angeles and the Antelope Valley as well, while retaining our strong connection with the Asian immigrant communitles of the San Gabriel Valley. Our educational, social, and employment services are culturally and linguistically (Chinese, English, Spanish, and Vietnamese) competent, rigorously evaluated, designed with evidenced -based principles. and based on community needs. In 2020-2021, AVC served 1,430 unduplicated Individuals with services and reached more than 23,032 community members through community outreach and education. Seventy-eight percent (78%) of individuals served lived in low-income households. Of all individuals served, 47% were youth (ages 0-24) and 53% were adults. Of the youth served, 1% were ages Ob, 8% were ages 6-11 (elementary school), 3% were ages 12-13 (middle school), 61%were ages 14-18. 7% were ages 19-24. Fifty-six percent (56%) of youth were male, and 44% of youth were female. Of the 677 unduplicated youth served last year, 65% were assessed as at -risk, 28% were on probation, 3% were in Foster Care, and 3% were homeless. Youth are considered 'at -risk' when they have been assessed with multiple risk factors that may include being from a low-income family, living in a high crime or gang identified neighborhood, failing in school, learning English as a second language, and being a first -generation Immigrant (documented or not). Fifty-three percent (53%) of all people served Identified as Asian Pacific Islander. while 25% identified as Latin, or Hispanic. 8% as African American, 4% as Caucasian, 2% as mixed race, and 8% as another race or ethnicity. Thirty-seven percent (37%) of individuals receiving services spoke English, 46% spoke Chinese only (Mandarin or Cantonese), 12% spoke Spanish only, 4% spoke Vietnamese only, and 1%spoke another language including: Arabic, Cambodian, Japanese, K'iche, Korean, Mongolian, and Nepalese. 'Pursuant to the Federal Funding Accountability and Transparency Act of 2006 (FFATA), this is a requirement for all CDBG- assisted subrecipients, contracts and subcontracts. For more information on how to obtain a DUNS number if Sour organization does not already have one, visit hup,//fedenv.dnb.com/webfomh/index.isn Page 1 of 5 Project Title: Emergency Food Program Amount of CDBG Funds Being Requested: $40,000 Project Site Address: 100 CLARY AVE. Address: SAN GABRIEL, CA 91776 Have You Received City Funds Before (Check One): Yes n No necessary): is Request is for a (Check One): ❑ New Project W Existing Project Performance Indicator: (selectfmm list) 04 - Households (General) Meeting National Objective: (select from Inst) Benefits Low -and Moderate -Income Persc 1. Provide a detailed description of the proposed project. Explain how the project will benefit the community, the characteristics of the people who will benefit from the project and how CDBG funds will be used to implement the project: Asian Youth Center (AYC) requests $40,000 in general operating support specifically to be used as needed to buy food, materials & supplies, Personal Protective Equipment, pay for cleaning and pay staff to continue our current emergency food program to meet the needs of the low-income residents of Rosemead we will be serving over the 2022-2023 year. AYC proposes to serve a minimum of 100 Unduplicated City of Rosemead households with a minimum of 3 distributions per month (3,000 meals) during the 2022-2023 fiscal year. The Emergency Food Program at AYC has been operating for over ten years and was the only program that continued in-person services during the Safer -at -Home Order in 2020. Before the pandemic, the program provided monthly distributions, serving around 60 families per month on a first-come, first-served basis. Once the pandemic began, the food program scaled up to daily operations and served hundreds of families per month with bags of fresh groceries and nonperishable food items that can provide up to 30 meals per household, as well as hygiene items and Personal Protective Equipment (PPE). The program scaled up from distributing 1,800 meals in January 2020 to distributing more than 60,000 meals in August 2020. From March 2020 to March 2021, the Emergency Food Program distributed bags of groceries that have provided over 400,000 meals to low-income families. As of January 2022, the program continues to serve 400-600 families per month. AYC will continue to order/buy/transport food; sort and package the food into distribution units that hold 30 meals for each household; and schedule by appointment only pick-up appointments with low-income families on a first come first served basis. AYC staff will collect and document all income and residency qualifications. AYC staff will continue to conduct outreach to Rosemead residents in English, Chinese, and Spanish. Clients are referred to AYC by family, friends, 211, the City of Rosemead, local community-based organizations, and local schools & district. AYC also conducts outreach via e -newsletter, social media, and physical flyers. AYC will submit monthly reports and invoices to the City of Rosemead, or any other report requested to be in compliance with CDBG requirements. Page 2 of 5 (IDpe responses in the form fields below. The form will expand to accommodate the length of your response, Do not 2. Describe the target population in detail and note how many unduplicated households and people the project will serve, their income levels, and whether they are part of any special needs groups: AYC proposes to serve the low-income residents of the City of Rosemead with the proposed services including low-income seniors, families, and individuals. Low-income o 3. Describe, with data and information, the need for this activity in the City: Food insecurity has increased significantly over the last few years among low- and moderate -income families in Los Angeles County, including families in the City of o 4. Describe all similar projects your Organization has carried out in the last five (5) years. For each program/project, provide a reference name and telephone number from the agency that provided CDBG or other HUD funding: The only CDBG funded project AYC has carried out in the last five years is the Emergency Food program serving the City of Rosemead with funding from the City of 5. Identify and describe any audit findings, liens, investigations, or probation by any oversight agency in the past five (5) years. If none, please state none: AYC is audited by Los Angeles County Departments of Probation, Health Services, and Public Social Services on a quarterly, bi-annual, and annual basis for more than 30 different contracts. There have been minor and easily corrected audit findings occasionally throughout the last five years. For example, in one finding an auditor found that we have failed to bill for a fee for service unit and we submitted supplemental billing to correct this finding. Most recently we completed an audit by the Auditor Controller of AYC's CSBG contracts to deliver emergency food. The Auditor Controller issued a few minor findings that were easily corrected — the most serious of which connected to our allocation method and for corrective action required us to reallocate expenses retro -actively back to the beginning of the contract based on service units rather than based on staff time. However, we have had no significant findings, no liens, no investigations, or probations issued by any oversight agency in the past five years. Page 3 of 5 PROJECT BUDGET SUMMARY (7he Agenc7 understands that no expencEtutes m2y be incurred before a conmcthas been Jofly executed) Formula Grant Cost Category Overall Budget Rosemead CDBG Funds Personnel Costs $220,000 $20,000 Non -Personnel Costs (supplies, consultants, etc.) $32,000 $20,000 Capit Improvement Costs 0 0 Total $252,000.00 $ 40,000.00 Describe any other funding sources (and the amount of the other funding source) that will be used in the execution of the project: AYC receives government funding from Community Services Block Grant funds through the Los Angeles County Department of Public Social Services as well as United Way Emergency Food and Shelter Program funds to support the Emergency Food Program. In addition, AYC receives foundation, corporate, and individual donations to support the Emergency Food Program. AYC also receives in-kind donations of food, restaurant gift cards, toiletries (like diapers) and PPE that is also distributed to families. Note: The City of Rosemead only funds personnel costs associated with the delivery of public services. However, in order to evaluate the entire program, all project costs must be provided and categorized under one of the three categories. Page 4 of 5 City of Total Overall Rosemead Clients Number of elicnts actually sewed under Program year 2020-21 73 486 Number of clients expected to be served under current program year 2021-22 100 (76 Current) 660 (494 curter Number of clients proposed to be served under expec-ed Program in 2022-23 100 660 Describe how the progtam benefits low -moderate income eligtb1c residents in Roaemead: AYC will provide a minimum of 100 and a maximum of 120 low-income or moderate -income Rosemead City households per month (families may receive food if needed on a weekly, bi-weekly, or monthly basis) with emergency food. This program will benefit the low -Income residents of the City of Rosemead who might otherwise go hungry or have to make choices between paying for food or paying for other important needs like medication or rent. In addition, residents will receive PPE and information about other community services such as broadband access, utility assistance programs, COVID-19 education, and Stopping Anti -Asian Hate in language (Chinese, Vietnamese, Spanish and English). Note: The number of clients noted in the table above must not exceed the low-ntuderace income limits as noted in rhe 2021 HUD Income Limits (effective Aptil 1, 2021). HUD updates the income lntnts yearly. I hereby certify that the aforernentioned statements are true and mrtect. MICHELLE FRERIDGE Print Name of Person Signing Contract DAtc Page 6 of 5 ioo W. Clary Ave. Asian Youth San Gabriel, CA gi776 ,.1 Center (AYC) Tel . (626)309—o622 CAll Youth Can! www.aycla.org March 7, 2022 tsolorzano0cinvofrosem9adoro City of Rosemead Community DevelopmentDepa riment 8838 E. Valley Blvd. Rosemead, CA 91770 DearReviewer: Asian Youth Center (AYC), would like to apply for $40,000 in CDBG funding to serve a minimum of 100 low-income or moderate income Rosemead City h ouseholds with the Emergency Food Program for 2022-2023. Please find our full proposal attached. AYC is a community-based 501(cX3) non-profit organization (EIV#33-0383691) whose mission is to empower low - Income. Immigrant, and at -risk youth, of all communities to overcome barriers to success through the provision of culturally and linguistically comixtent education, employment, and social services. We help youth succeed in school, at work, and in life. The Emergency Food Program scaled up tom distributing 1,BDD meals in January202O to distributing more than 60,000 meals in August 2020. From March 2020 to March 2621, the Emergency Food Programdistributed over 400,000 mealsto low- income families. As of February 2022, the program continuesro serve 4OD-000families per month including 76 and uplicated households in the City of Rosemead. I, Michelle Freridge, am authorized as the legal representative of AYC to bind the corporation and I can be reached at ExecQavcla.or0 orvia mobile phone at 626-646-4855. Please feel tee to reach out to me if you have any questions, or to discussthe proposed program. Thankyou for your consideration ofAYC'sapplication. 9ncerel, _ Mi Frendge Executive Director 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 Subrecipients, subconsultants 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- orbetter 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: 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. 110 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 ASIAYOU-01 CERTIFICATE OF LIABILITY INSURANCE DATE (MMDD Y) 114 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(les) 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 PRODUCER INSURED Insurance Services Asian Youth Center 100 Clary Ave. San Gabriel, CA 91776 (Te1Tl3:T Cl*1 fat-.4119refatl:1 UL51gcl:4 :"c"N., c„o- (323) 550-7900 1 MAI um (323) 256A800 INSURER F: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TC THE INSURED NAMED ABOVE FOR THE POLICY PER IOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTH ER DOCU MENT WITH R ES PECT TO WH ICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COND BIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE ADDL SUER POLICY NLMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY CLAMS-rMDE X OCCUR X X PAC3452231-01 7/1/2021 7/1/2022 EACHOCCURRENCE $ 1'000,000 DAMAGE TO RENTED 100,000 PREMISES lEa ocwn nce $ MCD ExP $ 5,000 GENL AGGREGATE LIIM TAR PPLIES PE PRLOC X POLICY LE C- OTHER PERSONAL &ADV INJURY $ 1.000,000 GENERAI.AGGREGATE 3.000'000 PRODUCT3-COMP/OPA5O $ 3'000'000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED _ AUTOS ONLY . TOS HIRED NONJWN=D _AUIUSCNLY PU ONTY X X CAP3452232-01 7/1/2021 7/1/2022 OMBINEDI SINGLE LIMB $ 1,000,000 Ea ax BODILY INJURY Pe, pei$ BODILY INJURI'(Pei amdeul) $ PROPERTY DAMAGE IPe,douUeM1 $ B UMBRELLA LIAR X X EXCESS LIA9 O=UR CLAIMSMADE UMB3452233-01 7/1/2021 711/2022 EACH OCCURRENCE b5'000'000 AGGPEGATE a 5,000,0001 DED X RETENTION$ 10,000 Prod/CompOp Agg $ 5,000,000 WORKERSCOMPENSATION ANOEMPLOYERS-LIABILITY YIN OE ❑ O FFICCEERM�MM�Rq EXCLUDER? (Mandatory ,n NH) It yes, desslb. under GE SJRIPTION OF OPERAT ION5 be 0w NIA PER OTH- 9IAIJIt tH EL. EACH ACCIDENT $ E L. L'SEASE - EA EMFLUYEE EL DISEASE-PULICYUIOT $ A Professional Liab A Abuse/Molestation PAC3452231-01 PAC3452231-01 7/1/2021 7/1/2021 7/1/2022 7/1/2022 Ea Occu r -$3M it Agg r 1,000,000 Ea Abuse-53Mil Aggr 1,000,000 DESCRIPTON OF OPERAPONS / LOCATONS / VEHICLES (ACORD 101 Additional Remarks Schedule, may be attnchetl If more space is required) Cityof Rosemead is included as additional insured, Including primary, nancontnbutorywording and waiver of subrogation as respects General Liability coverage; Additional insured and waiver of subrogation as respects to Auto Liability Coverage; only as per attached endorsements. Umbrella extends over underlying coverages. 30 Day Notice of cancellation to the First named Insured. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) ® 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 21-22 Certificates. pdf SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Rosemead THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN j ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Angellca Frausto-Lupo, Director of Community Development AUTHORIZED REPRESENTATIVE 8838 E. Valley Boulevard Rosemead, CA 91770 ACORD 25 (2016/03) ® 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 21-22 Certificates. pdf ASIAYOU-01 KMINASYAN A� O' CERTIFICATE OF LIABILITY INSURANCE DATE (MMIODIYYYY) 7/6/2023 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 endorse_ment(s). PRODUCER License # L100460 CONTACT NAME: Kral Maxwell Insurance Services PHONE . FAX . (AIC, No, Extb (323 ) 55_0.7900 (AIL, No).(323 ' 256-0800 2900 W. Broadway Los Angeles, CA 90041 ADD"RIESS. knaufreception@kmins.com INSURERS) AFFORDING COVERAGE NAICN - INSURERA:Great_ American Insurance Company 16691 INSURED INSURER B'. Great American Alliance Insurance Company -26832 Aslan Youth Center INSURER C _ 100 Clary Ave. INSURER D'. San Gabriel, CA 91776 - -- - INSURER E'. INSURER F COVERAGES CERTIFICATE NUMBER:_ REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, 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. MEN ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE _ INSD_1NV_P POLICY NUMBER MMI IYVYV M YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'000 CLAIMS -MADE X OCCUR PAC345223104 711/2023 7/112024 DAMAGE TO RENTED 100,000 _ X X PREMIERS F. _$ 5'000 -. _. _MED EXP (Any one person) S 1'000'000 PERSONAL B ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 5 3,000,000 X POLICY JECT LOC PRODUCTS-COMP,OPAGG .5 3'000'000 OTHER S A AUT/ OMOBILE LIABILITY COMBINED SINGLE LIMB 1,000,000 IF rc� urt) $ - X <NY A,Uc. X X CAP345223203 71112023 711;2024 n�Dll r lv lu - r owEo SCHeou LEI AUTOSGNC, AUIUS SODIL Y I NJURY(Per accident), 5 _ HIRED NON OWNED PROPERTY DAMAGE AUTOS' ONLY AUTOS ONLY _ (Per accident) B i UMBRELLA LIAB X OCCUR 10,000,000 EACH OCCURRENCE 5 � _ X EXCESS LIAB CLAIMS -MADE UMB345223305 7/1/2023 7/112024 10'000'000 AGGREGATE S DED X RETENTION$ 10,000 Follow Form S WORKERS COMPENSATION PER 01 AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETORIPARTNERIEXECUTIVE EL EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? .NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE S It yes. describe under i DESCRIPTION OF OPERATIONS below EL. DISEASE -POLICY LIMIT S A ',Professional Liab PAC345223104 7/1/2023 7/1/2024 'Ea Occr-$3Mil Aggreg. 1,000,000 A '..Abuse/Molestation PAC345223104 7/112023 71112024 'Ea Abuse-$3Mil Aggr 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space Is required) Cyber Liability - Third Party Insurance Agreements: Hudson Excess Insurance Company - Policy #CYB3019278-02 - Term: 7/112023 - 7/1/2024 -- $2,000,000 each claimlaggregate: Network Security and Privacy Liability -- $2,000,000 each claim/aggregate: Regulatory Investigations, Fines and Penalties -- $2,000,000 each claim/aggregate: Media Liability -- $2,000,000 each claimlaggregate: PCI DSS Assessment Expenses -- $2,000,000 each claimlaggregate: Breach Management Expenses SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION -__ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit Rosemead THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y Of ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Angelica Frausto-Lupo, Director of Community Development i AUTHORIZED REPRESENTATIVE 8838 E. Valley Boulevard Rosemead, CA 91770 ACORD 25 (2016103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: ASIAYOU-01 KMINASYAN --"ON LOC #: 1 A� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License 1i L100460. NAMED INSURED (nauf Maxwell InsuranceServices iAsian Youth Center _ _ ,100 Clary Ave. POLICY NUMBER San Gabriel, CA 91776 >EE PAGE 1 CARRIER NAIL CODE 3EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: Excess Cyber Liability: Trisura Specialty Insurance Company - Policy #ATB6618151-03 - Term: 7/1/2023 - 7/1/2024 -- $1,000,000 Aggregate Limit City of Rosemead is included as additional insured, including primary, non-contributory wording and waiver of subrogation as respects General Liability coverage; Additional insured, and waiver of subrogation as respects to Auto Liability Coverage; only as per attached endorsements. Umbrella extends over underlying coverages. 30 Day Notice of cancellation to the First named Insured. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CAP 3452232 03 Great American Insurance Company ORIGINAL COPY CA 86 20 (Ed. 05/16) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SIGNATURE BUSINESS AUTO BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following form: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the policy, the provisions of this endorsement apply. This is a summary of the various additional coverages and coverage modifications provided by this endorsement. For complete details on specific coverages, consult the actual policy wording. Coverage Limit of Insurance Page Who is an Insured - Employees, Partners, Members, Volunteers and Board Members Included 2 Automatic Additional Insureds - By Contract and Primary and Non -Contributory Provision Included 2 Leased Auto Coverage Included Owned Subsidiaries and Newly Acquired or Formed Organizations Included 4 Supplementary Payments - Bail Bonds $5,000 4 Supplementary Payments - Loss of Earnings $1,000 per day 4 Fellow Employee Included 5 Physical Damage Coverage Extensions - Towing $200 - any auto 5 Physical Damage Coverage Extensions - Glass Breakage No Deductible 5 Physical Damage Coverage Extensions - Transportation Expenses $100 per day, $3,000 max 5 Hired Auto Physical Damage Coverage $100 per day, $3,000 max 5 Total Theft of a Covered Auto $500 - personal items, $1,000 - reasonable expenses to return stolen auto 6 Auto Loan / Lease Gap Protection Included 6 Customization Coverage $2,000 7 CA RR 2n iFd 05/161 (Pane 1 of 9) ORIGINAL COPY Coverage Limit of Insurance Page Newly Acquired Owned Autos and Donated Autos Physical Damage Coverage $100,000 7 Rental Reimbursement Coverage $100 per day up to 30 days 8 $500 for reasonable expenses to remove and replace your materials and equipment 8 Accidental Discharge - Airbag Coverage Included 8 Original Equipment Manufacturer OEM Part Replacement Included 8 Multiple Deductibles Included 8 Notice and Knowledge of Occurrence - Duties in the Event of Accident, Claim, Suit or Loss Included 8 Blanket Waiver of Subrogation By Written Contract Included 9 Unintentional Failure to Disclose Hazards Included 9 Mental Anguish Included 9 A. WHO IS AN INSURED - EMPLOYEES, PARTNERS, MEMBERS. VOLUNTEERS AND BOARD MEMBERS SECTION 11 - COVERED AUTOS LIABILITY COVERAGE, A. 1. Who is An Insured is amended by adding the following: d. Any "employee", partner or member of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. e. Anyone volunteering services to you while using a covered "auto" you don't own, hire or borrow in activities necessary to your business. Anyone else who furnishes that "auto" is also an "insured". I. Board members (or their spouses) while renting a vehicle while on business for the named insured. B. AUTOMATIC ADDITIONAL INSUREDS - BY CONTRACT AND PRIMARY AND NON-CONTRIBUTORY PROVISION SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. 1. Who is An Insured is amended to include as an Insured any person or organization whom you are required to add as an Additional Insured on this policy under: a. a written contract or written agreement: (1) in effect on the date of the "accident" and CA 86 20 (Ed. 05/16) (Page 2 of 9) ORIGINAL COPY (2) signed by all parties prior to the "accident." This person or organization is an Additional Insured only to the extent you are liable for an "accident" caused, in whole or in part, by the use of a covered "auto" being driven by you or any "insured." However; a. the insurance afforded to such Additional Insured only applies to the extent permitted by law; and b. if coverage provided to the Additional Insured is required by a written contract or written agreement, the insurance afforded to such Additional Insured will not be broader than that which you are required by the written contract or written agreement to provide for such Additional Insured. With respect to insurance provided to an Additional Insured the following provisions apply: a. This insurance is primary to and will not seek contribution from any other insurance available to an Additional Insured under your policy provided that: (1) The Additional Insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. b. When a written contract or written agreement does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the Additional Insured is designated as a Named Insured. c. Regardless of the written contract or written agreement between you and an Additional Insured, this insurance is excess over any other insurance whether primary, excess, contingent or any other basis for which the Additional Insured has been added as an additional insured on other policies. d. If coverage provided to the additional insured is required by a written contract or written agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the written contract or written agreement; or (2) Available under the applicable Limits of Insurance show in the Declarations; whichever is less. C. LEASED AUTO COVERAGE With respect to insurance provided to an Additional Insured who is a lessor of a "leased auto" the following provisions apply: SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage is amended by adding the following: Any "leased auto" designated or described in the Schedule will be considered a covered "auto" you own and not covered "auto" you hire or borrow. For a covered "auto" that is a "leased auto" Who Is An Insured is changed to include as an "Insured" the lessor. The coverages provided under this endorsement apply to any "leased auto" described in the CA 86 20 (Ed. 05/16) (Page 3 of 9) ORIGINAL COPY Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto," whichever occurs first. SECTION IV - BUSINESS AUTO CONDITIONS, A.4. Loss Payment - Physical Damage Coverages is amended by adding the following: a. We will pay, as interest may appear, you and the lessor for "loss" to a "leased auto." b. The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or omissions on your part. c. I1 we make any payment to the lessor, we will obtain his or her rights against any other party. SECTION V - DEFINITIONS is amended by adding the following definition: "Leased auto" means any "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. D. OWNED SUBSIDIARIES AND NEWLY ACQUIRED OR FORMED ORGANIZATIONS SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. 1. Who is An Insured is amended by adding the following: The following are "insureds": a. Any subsidiary which is a legally incorporated entity of which you maintain ownership or majority interest on the effective date of this Coverage Form except: (1) Any subsidiary that is an insured under any other automobile liability policy. (2) Any subsidiary which would be an insured under any other automobile liability policy but for the termination of such policy or exhaustion of such policy's Limits of Insurance. b, Any organization you newly acquire or form, and in which you maintain ownership or majority interest, but only for the period beginning when you first maintained majority interest until the end of the policy period of this Coverage Form, or the next anniversary of the inception date of this Coverage From, whichever is earlier. However, the newly acquired or formed organization is not an "Insured": (1) For "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization. (2) If it is an insured under any other automobile liability policy or would be an insured under any other automobile liability policy but for the termination of such policy or exhaustion of such policy's Limits of Insurance. E. SUPPLEMENTARY PAYMENTS SECTION II - COVERED AUTOS LIABILITY COVERAGE, A.2.a.(2) is deleted 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. SECTION it - COVERED AUTOS LIABILITY COVERAGE, A.2.a.(4) is deleted and replaced with the following: CA 86 20 (Ed. 05116) (Page 4 of 9) ORIGINAL COPY {4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earnings up to $1,000 a day because of time off from work. F. FELLOW EMPLOYEE SECTION II - LIABILITY COVERAGE is amended to add the following after Paragraph B.5.b: This exclusion does not apply to "bodily injury" resulting from the use of a covered "auto" you own or hire. Coverage afforded by this section is excess over any other collectible insurance. G. PHYSICAL DAMAGE COVERAGE EXTENSIONS - 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 $200 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. H. PHYSICAL DAMAGE COVERAGE EXTENSIONS - 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 for covered "autos" applies to "loss" resulting from glass breakage. 1. PHYSICAL DAMAGE COVERAGE EXTENSIONS - TRANSPORTATION EXPENSES SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. 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 expense incurred by you because of "loss" to a covered `auto". We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred until the covered "auto" is returned to use or we pay for its "loss," regardless of the policy's expiration. We will pay under this coverage extension only that amount of Transportation Expenses which is not already provided under O. Rental Reimbursement Coverage of this endorsement. J. HIRED AUTO PHYSICAL DAMAGE COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, is amended to add the following: HIRED AUTO PHYSICAL DAMAGE COVERAGE If Comprehensive Coverage, Specified Causes of Loss or Collision Coverage is shown in the Declarations for any covered "auto", then the same type of Physical Damage Coverage is provided for any Hired Auto, subject to the following: a. The most we will pay for any one "accident" or "loss" the lesser of. (1) the actual cash value of the covered "auto" at the time of the "loss"; or CA 96 70 IFd. 05/16) (Pace 5 of 9) ORIGINAL COPY (2) the actual cost to repair or replace such covered 'auto" at the time of the "loss." , b. The Limit of Insurance as determined under Paragraph J.a., above, will be reduced by any applicable Comprehensive or Collision deductible for each covered "auto." This deductible will be equal to the largest deductible applicable under any coverage for such covered "auto." No deductible applies to "loss" caused by fire or lightning. c. The coverage provided by this coverage extension will be excess over any other collectible insurance. d. Subject to Paragraphs J.a, J.b and J.c, above, we will provide the broadest coverage applicable to any covered "auto' shown in the Declarations. e. For coverage provided under this coverage extension, the last sentence of Paragraph A.4.b under SECTION 111 - PHYSICAL DAMAGE COVERAGE, is deleted 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 $3,000 per "accident" if loss of use results from an "accident" for which you are legally liable and the lessor incurs a financial loss. K. TOTAL THEFT OF A COVERED AUTO SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, is amended to add the following: Total Theft of a Covered Auto In the event of the total theft of a covered "auto": a. Coverage includes personal items in the covered "auto" at the time of loss un to a maximum of $500. No deductible applies to this coverage. b. We will pay reasonable expenses for returning the stolen covered "auto' to you once it is recovered, up to a maximum of $1,000. No deductible applies to this coverage. L. AUTO LOAN ! LEASE GAP PROTECTION SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, is amended to add the following: In the event of a total "loss" of a covered "auto" shown in the Declarations for which Physical Damage Coverage is provided, we will provide coverage for any unpaid amount due on the lease or loan for such covered "auto,* less the following: a. The amount paid under the Physical Damage Coverage Section of the Policy for that covered "auto', and b. Any: (1) overdue lease or loan payments at the time of the "loss"; (2) financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) security deposits not returned by the lessor; CA 86 20 (Ed. 05/16) (Page 6 of 9) ORIGINAL COPY (4) costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) carry-over balances from previous loans or leases. M. CUSTOMIZATION COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, is amended to add the following: a. We will pay with respect to a covered "auto" for "loss" to automobile customization which includes special carpeting and insulation, height - extended roofs and custom murals, paintings, vinyl wraps or other details or graphics. b. our limit of liability for "loss" to automobile customizations in any one "loss" shall be the least of: (1) the actual cash value of the stolen or damaged property; (2) the amount necessary to repair or replace the property; or (3) $2,000. This coverage does not apply to electronic equipment. N. NEWLY ACQUIRED OWNED AUTOS AND DONATED AUTOS PHYSICAL DAMAGE COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, is amended to add the following: If Comprehensive, Specified Causes of Loss, or Collision Coverage is provided by this Policy, the coverage is extended to apply to Physical Damage "loss" to your newly acquired owned "autos" and donated autos. We will provide the broadest coverage available to any covered "auto" shown in the Declarations. The most we will pay for "loss' to a newly acquired "auto" or donated auto is the least of: a. the actual cash value of the damaged or stolen property as of the time the "loss," or your actual cost of purchase of the newly acquired "auto", whichever is more; b. the actual cost of (1) replacing the damaged or stolen property with other property of like kind and quality; or (2) repairing the damaged property. without deduction for depreciation; or C. $100,000. However, the most we will pay for all covered physical damage "loss" for newly acquired autos and donated autos occurring during the policy period shown on the Declarations is $100,000. For each newly acquired "auto" our obligation to pay "loss" will be reduced by a deductible equal to the highest deductible applicable to any "auto" for that coverage. No deductible will be applied to "loss" caused by fire or lightning. r.A uF *;,n (Fri nslm (Pace 7 of 9) ORIGINAL COPY Coverage under this Extension, for newly acquired owned "autos" is afforded until you notify us to add the newly acquired owned vehicle to your auto schedule or until the end of the policy period, whichever is earlier. O. RENTAL REIMBURSEMENT COVERAGE EXTENSION SECTION Ill - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, is amended to add the following: For those covered "autos" for which you carry Comprehensive or Specified Cause of Loss 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 a "loss" to a covered "auto". We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto". We will pay under this coverage extension only that amount of your Rental Reimbursement Expenses which is not already provided under 1. Transportation Expenses of this endorsement. P. ACCIDENTAL DISCHARGE - AIRBAG COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B.3.a is deleted and replaced with the following: a. Wear and tear, freezing, mechanical or electrical breakdown, but this exclusion does not apply to "loss" due and confined to the accidental discharge of an airbag. No deductible applies to this coverage. Q. ORIGINAL EQUIPMENT MANUFACTURER (OEM) PART REPLACEMENT SECTION If - PHYSICAL DAMAGE, C. Limit of Insurance, Paragraph 1. is amended to include: We will pay the cost to replace the damaged parts (excluding glass and mechanical parts) with new Original Equipment Manufacturer (OEM) replacement parts if the damage parts cannot be repaired. R. MULTIPLE DEDUCTIBLES SECTION III - PHYSICAL DAMAGE, D. Deductible, is amended to add the following: When two or more covered "autos" sustain "loss" in a single incident, a single Physical Damage deductible will apply to the total "loss" for all covered "autos." That deductible will be the largest of all deductibles applying to any of the covered "autos' involved in the single incident. S. NOTICE AND KNOWLEDGE OF OCCURRENCE - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is deleted and replaced with the following: a. In the event of "accident," claim, "suit" or "loss," you must give us or our authorized representative notice as soon as practicable of the "accident" or "loss" after the "accident" or "loss" is known to you (if you are an individual), one of your partners (if you are a partnership), or one of your officers or any personnel responsible for insurance, risk management, or loss prevention (if you are a corporation). Notice shall include: (1) How, when and where the "accident" or "loss" occurred; CA 86 20 (Ed. 05/16) (Page 8 of 9) ORIGINAL COPY (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. SECTION IV • BUSINESS AUTO CONDITIONS, Paragraph A.2.b(2) is deleted and replaced with the following: (2) As soon as practicable send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit' after the claim or "suit" is known to you (if you are an individual), one of your partners (if you are a partnership), or one of your officers or any personnel responsible for insurance, risk management, or loss prevention (if you are a corporation). T. BLANKET WAIVER OF SUBROGATION BY WRITTEN CONTRACT SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.5 is amended to add the following: However, we waive any right of recovery we may have against any person or organization to the extent required of you by a written contract or written agreement signed by all parties prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such written contract or written agreement. The waiver applies only to the person or organization designated in such written contract or written agreement. U. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B.2. is amended to add the following: Failure of the "Insured" to disclose all exposures or hazards existing as of the effective date of this Coverage Form will not invalidate or adversely affect coverage for such exposure or hazard, provided such failure is not intentional on the part of the "Insured". However, you must report the undisclosed exposure or hazard to us as soon as practicable after you discover the exposure or hazard. V. MENTAL ANGUISH The definition of "Bodily Injury" in SECTION V - DEFINITIONS is replaced by the following: "Bodily Injury" means physical injury, sickness or disease sustained by a person including death resulting from any of these. "Bodily Injury" also means mental injury, mental anguish, humiliation or shock if directly resulting from physical injury, sickness or disease to that person. r.A A6 20 lFd. 05/161 (Page 9 of 9) PAC 3452231 04 GREAT AMERICAN INSURANCE COMPANY ORIGINAL COPY CG 89 70 (Ed- 11/14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, SIGNATURE GENERAL LIABILITY BROADENING ENDORSEMENT This Endorsement modifies and is subject to the insurance provided under the following form: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following extension only applies in the event that no other specific coverage for the indicated loss exposure is provided under this Policy. If other specific coverage applies, the terms, conditions and limits of that Coverage are the exclusive coverage applicable under this Policy, unless otherwise noted in this Endorsement. This is a summary of the various additional coverages and coverage modifications provided by this Endorsement. For complete details on specific coverages, consult the actual policy wording. Coverage Description Limit of Insurance Page Non -Owned Aircraft Included 2 Non -Owned Watercraft Included 2 Bodily Injury - Mental Injury, Mental Anguish, Humiliation or Shock Included 3 Medical Payments $ 20,000 3 Damage to Premises Rented to You $ 1,000,000 3 Supplementary Payments - Bail Bonds $ 3,000 4 Supplementary Payments - Loss of Earnings $ 1,000 per day 4 Newly Formed or Acquired Organizations Included 4 Unintentional Failure to Disclose Hazards Included 5 Knowledge of Occurrence, Claim or Suit Included 5 Property Damage Liability - Elevators Included 5 Property Damage Liability - Borrowed Equipment Included 5 Liberalization Clause Included 6 Amendment of Pollution Exclusion (Premises) Included 6 Limited Property Damage to Property of Others $ 5,000 6 Additional Insured - Manager or Lessor of Premises Included 7 PAC 3452231 04 GREAT AMERICAN INSURANCE COMPANY ORIGINAL COPY Coverage Description Limit of Insurance Page Additional Insured - Funding Sources Included 7 Additional Insured - By Contract Included 8 Primary and Non -Contributory Additional Insured Extension Included 10 Additional Insureds - Protection of Your Limits Included 10 Blanket Waiver of TransferofRights of Recovery Against Others to Us (Subrogation) Included 11 Property Damage Extension With Voluntary Payments $ 1,000/$ 5,000 11 Who Is An Insured - Fellow Employee Extension - Management Employees Included 12 Broadened Personal and Advertising Injury Included 12 A. Non -Owned Aircraft Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Properly Damage Liability, exclusion g. Aircraft, Auto or Watercraft does not apply to an aircraft provided: 1. it is not owned by any insured; 2. it is hired, chartered or loaned with a trained paid crew; 3. the pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating him or her a commercial or airline pilot; and 4. it is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the Insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this Policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. Non -Owned Watercraft Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability, subparagraph (2) of exclusion g. Aircraft, Auto or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) less than 60 feet long; and CG 89 70 (Ed. 11/14) (Page 2 of 12) PAC 3452231 04 GREAT AMERICAN INSURANCE COMPANY ORIGINAL COPY (b) not being used to carry persons or property for a charge. C. Bodily Injury - Mental Injury, Mental Anguish, Humiliation or Shock Under SECTION V - DEFINITIONS, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness, or disease, including death of a person. "Bodily Injury" also means mental injury, mental anguish, humiliation, or shock if directly resulting from physical injury, sickness, or disease to that person. D. Medical Payments If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this Policy are amended as follows: The Medical Expense Limit in paragraph 7. of SECTION III - LIMITS OF INSURANCE is replaced by the following Medical expense Limit: The Medical Expense Limit provided by this Policy shall be the greater of: a. $ 20,000; or b. the amount shown in the Declarations for Medical Expense Limit This provision 7. is subject to all the terms of SECTION III - LIMITS OF INSURANCE. E. Damage to Premises Rented to You If Damage to Premises Rented to You is not otherwise excluded from this Coverage Part: 1. Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability: 3. The last paragraph of paragraph 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, leakage from an automatic fire protection system or water 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. However, this insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with the permission of the owner, caused by: L rupture, bursting, or operation of pressure relief devices; ii. rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; Iii. explosion of steam boilers, steam pipes, steam engines, or steam turbines; or iv. flood 2. Paragraph 6. Under SECTION 111 - LIMITS OF INSURANCE is deleted in its entirety and replaced with the following: PAC 3452231 04 GREAT AMERICAN INSURANCE COMPANY ORIGINAL COPY 6. Subject to paragraph 5. above, 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 caused by fire, lightning, explosion, smoke, leakage from automatic fire protection system or water while rented to you or temporarily occupied by you with the permission of the owner, for all such damage caused by fire, lightning, explosion, smoke, leakage f rom automatic fire protection systems or water proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, leakage from automatic fire protection systems or water or any combination of the six, is the higher of $ 1,000,000 or the amount shown in the Declarations for the Damage to Premises Rented to You Limit. 3. Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, subsection 4. Other Insurance, paragraph b. Excess Insurance where the words "Fire insurance" appear they are changed to "insurance for fire, lightning, explosion, smoke, leakage from an automatic fire protection system or water." 4. As regards coverage provided by this provision I. Damage to Premises Rented to You - paragraph 9.a, of Definitions is replaced with the following: 9. a. 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, leakage from automatic fire protection systems or water to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; F. Supplementary Payments 1. In the Supplementary Payments - Coverages A and B provision, paragraph 1.b. is replaced with: b. Up to $ 3,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph t.d. is replaced by the following: 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 work. G. Newly Formed or Acquired Organizations Paragraph 3. of SECTION 11 - WHO IS AN INSURED is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a named insured if there is no other similar insurance available to that organization. However: a. coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you, b. coverage A does not apply to "bodily injury" or property damage that occurred before you acquired or formed the organization; and c. coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. CG 89 70 (Ed. 11/14) (Pace 4 of 12) PAC 3452231 04 GREAT AMERICAN INSURANCE COMPANY ORIGINAL COPY d. records and descriptions of operations must be maintained by the first named insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a named insured in the Declarations or qualifies as an insured under this provision. H. Unintentional Failure to Disclose Hazards Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 6. Representations: Failure of the Insured to disclose all hazards existing as of the inception date of this Policy shall not prejudice the insurance with respect to the coverage afforded by this Policy, provided such failure or omission is not intentional on the part of the Insured. I. Knowledge of Occurrence, Claim or Suit Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit: Knowledge of any occurrence, claim, or suit by any agent, servant or employee of the Named Insured does not in itself constitute knowledge by the Insured unless notice of such injury, claim or suit shall have been received by: a. you, if you are an individual; b. a partner, if you are a partnership c. an executive officer or insurance manager, if you are a corporation. J. Property Damage Liability - Elevators 1. Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability, subparagraphs (3), (4) and (6) of exclusion j. Damage to Property do not apply if such property damage results from the use of elevators. 2. The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other Insurance, paragraph b. Excess Insurance: The insurance afforded by this provision of this Endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. K. Property Damage Liability - Borrowed Equipment 1. Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability, subparagraph (4) of exclusion j. Damage to Property does not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site. 2. The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY Conditions, Condition 4. Other Insurance, paragraph b. Excess Insurance: The insurance afforded by this provision of this Endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. PAC 3452231 04 GREAT AMERICAN INSURANCE COMPANY ORIGINAL COPY L. Liberalization Clause If we revise this Signature General Liability Broadening Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the date the revision is effective in your state. M. Amendment of Pollution Exclusion (Premises) 1. The following is added to paragraph (1Na) of Exclusion I. of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability: (iv) "Bodily injury" or "property damage" arising out of the actual discharge, dispersal, seepage, migration, release or escape of "pollutants." As used in this Endorsement, the actual discharge, dispersal, seepage, migration, release or escape of pollutants must: (aa) commence on a clearly identifiable day during the policy period; and (b b) end, in its entirety, within seventy-two (72) hours of the commencement of the discharge, dispersal, seepage, migration, release or escape of "pollutants", and (cc) be discovered and reported to us within fifteen (15) days of the clearly identifiable day that the discharge, dispersal, seepage, migration, release or escape of "pollutants" commences; and (d d) be neither expected nor intended from the standpoint of any insured; and (ee) be unrelated to any previous discharge, dispersal, seepage, migration, release or escape; and If I) not originate at or from a storage tank or other container, duct or piping which: a. is below the surface of the ground or water; or b. at any time has been buried under the surface of the ground or water and then is subsequently exposed. 2. For the purposes of this coverage, the following is added to the definition of "property damage" of SECTION V - DEFINITIONS and applies only as respects this coverage: Land or water, whether below ground level or not, is not tangible property. 3. Coverage provided hereunder does not apply to any discharge, dispersal, seepage, migration, release or escape that is merely threatened or alleged rather than shown to have actually occurred. N. Limited Property Damage to Property of Others The following is added under SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A and B: 3. We will pay up to $ 5,000 for loss to personal property of others while in the temporary care, custody or control of an insured caused by any person participating in your organized activities. For the purpose of this supplementary payment, loss shall mean damage or destruction but does not include mysterious disappearance or loss of use. In the event of a theft, a police report must be filed. This supplementary payment does not apply if: a. coverage is otherwise provided by the Property Coverage part (if any) of this Policy; or CG A9 70 (Ed. 1 1/ 141 (Pape 6 of 12) PAC 3452231 04 GREAT AMERICAN INSURANCE COMPANY ORIGINAL COPY b. the loss is covered by any other insurance you have or by any insurance of such person who causes such loss. These payments will not reduce the Limits of Insurance. O. Additional Insured - Manager or Lessor of Premises 1. SECTION 11 - WHO IS AN INSURED is amended to include as an additional insured any person or organization from whom you lease or rent property and which requires you to add such person or organization as an additional insured on this Policy under: (a) a written contract; or (b) an oral agreement or contract where a Certificate of Insurance showing that person or organization as an additional insured has been issued; but the written or oral contract or agreement must be an "insured contract," and, (i) currently in effect or become effective during the term of this Policy; and (ii) executed prior to the "bodily injury," "property damage," "personal and advertising injury." 2. With respect to the insurance afforded to the Additional Insured identified in paragraph 1. above, the following additional provisions apply: (a) This insurance applies only with respect to the liability arising out of the ownership, maintenance or use of that part of the premises leased to you. (b) The Limits of Insurance applicable to the Additional Insured are the lesser of those specified in the written contract or agreement or in the Declarations for this Policy and subject to all the terms, conditions and exclusions for this Policy. The Limits of Insurance applicable to the Additional Insured are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. (c) In no event shall the coverages or Limits of Insurance in this Coverage Form be increased by such contract. (d) Coverage provided herein is excess over any other valid and collectible insurance available to the Additional Insured whether the other insurance is primary, excess, contingent or on any other basis unless a written contractual arrangement specifically requires this insurance to be primary. (e) This insurance applies only to the extent permitted by law. 3. This insurance does not apply to: (a) Any "occurrence" or offense which takes place after you cease to be a tenant in that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the Additional Insured. P. Additional Insured - Funding Sources 1. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any Funding Source which requires you in a written contract to name the Funding Source as an additional insured but only with respect to liability arising out of: PAC 3452231 04 GREAT AMERICAN INSURANCE COMPANY ORIGINAL COPY a. your premises; or b. "your work" for such additional insured; or c. acts or omissions of such additional insured in connection with the general supervision of ..your work" and only to the extent set forth as follows: a. The Limits of Insurance applicable to the Additional Insured are the lesser of those specified in the written contract or agreement or in the Declarations for this Policy and subject to all the terms, conditions and exclusions for this Policy. The Limits of Insurance applicable to the Additional Insured are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. b. The insurance afforded to the Additional Insured only applies to the extent permitted by law c. 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. d. In no event shall the coverages or Limits of Insurance in this Coverage Form be increased by such contract. O. Additional Insureds - By Contract 1. SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of: a. your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the Additional Insured that are subject of the written contract or written agreement provided that the "bodily injury" or "property damage occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or b. the maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or c. the Additional Insureds financial control of you; or d. operations performed by you or on your behalf for which the state or political subdivision has issued a permit 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 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 such additional insured. With respect to paragraph 1.a. above, a person's or organization's status as an additional insured under this Endorsement ends when: CG 89 70 fEd. 11114) (Page 8 of 12) PAC 3452231 04 GREAT AMERICAN INSURANCE COMPANY ORIGINAL COPY (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 for 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. With respect to paragraph 1.b. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this Endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage." We have no duty to defend an additional insured under this Endorsement until we receive written notice of a "suit" by the Additional Insured as required in paragraph b. of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITION. 2. With respect to the insurance provided by this Endorsement, the following are added to paragraph 2. Exclusions under SECTION 1 - COVERAGE A - Bodily Injury and Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" that occurs prior to your commencing operations at the location where such "bodily injury" or "property damage" occurs. b. "Bodily injury," "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, if the "occurrence" which caused the 'bodily injury" or "property damage," or the offense which caused the "personal and advertising injury," involved the rendering of, or failure to render, any professional architectural, engineering or surveying services. c. "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 for 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. PAC 3452231 04 GRI�EAT AMERICAN INSURANCE COMPANY ORIGINAL COPY d. Any person or organizationspecificallydesignated as an additional insured for ongoing operations by a separate additional insured endorsement issued by us and made part of this Policy. 3. 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: a. required by the contract or agreement, or b. 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. R. Primary and Non -Contributory Additional Insured Extension This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this Policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to paragraph a. Primary Insurance: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) the Additional Insured is a named insured under such other insurance; and (2) you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. b. The following is added to paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the Additional Insured is designated as a named insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the Additional Insured has been added as an additional insured on other policies. S. Additional Insureds - Protection of Your Limits This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this Policy. 1. The following is added to Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit: An additional insured under this Endorsement will as soon as practicable: GG 89 70 (Ed. 11114) (Pane 10 of 12) PAC 3452231 04 GREAT AMERICAN INSURANCE COMPANY ORIGINAL COPY a. give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the Additional Insured; and C. agree to make available any other insurance which the Additional Insured has for a loss we cover under this Coverage Part. d, we have no duty to defend or indemnify an additional insured under this Endorsement until we receive written notice of a "suit" by the Additional Insured. 2. The Limits of Insurance applicable to the Additional Insured are those specified in a written contract or written agreement or the Limits of Insurance stated in the Declarations of this Policy and defined in SECTION III - LIMITS OF INSURANCE of this Policy, whichever are less. These limits are inclusive of and not in addition to the Limits of Insurance available under this Policy. T. Blanket Waiver of Transfer of Rights of Recovery Against Others to Us (Subrogation) Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 6. Transfer of Rights of Recovery Against Others to Us: If required by a written contract or written agreement, we waive any right of recovery we may have against a person or organization because of payment we make for injury or damage arising out of your ongoing operations or "your work" done under a contract for that person or organization and included in the "products -completed operations hazard" provided that the injury or damage occurs subsequent to the execution of the written contract or written agreement. U. Property Damage Extension with Voluntary Payments 1. The following is added to paragraph 1. Insuring Agreement of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability: At your request we will pay for "loss" to property of others caused by your business operations for which this Policy provides liability insurance. Such payment will be made without regard to your legal obligation to do so. The "loss" must occur during the policy period and must take place in the "coverage territory." 2. With respect to the coverage afforded under paragraph 1. above, paragraph 2. Exclusions of SECTION I - COVERAGES A - Bodily Injury and Property Damage Liability is amended as follows: Exclusions j.(3), j.(4), j.(5) and j.(6) are deleted. 3. As respects coverage afforded by this coverage, SECTION III - LIMITS OF INSURANCE is replaced by the following: Regardless of the number of insureds, claims made or "suits" brought or persons or organizations making claims or bring "suits`: 1. Subject to 2. Below, the most we will pay for one or more "loss" arising out of any one "occurrence" is $ 1,000. 2. The aggregate amount we will pay for the sum of all "loss' in an annual period is $ 5,000. This aggregate amount is part of and not in addition to the General Aggregate Limit described in paragraph 2. of SECTION III - LIMITS OF INSURANCE. ..., nn -.. ,— .. ,. .. ,.,--- .. _. . � I PAC 3452231 04 GREAT AMERICAN INSURANCE COMPANY ORIGINAL COPY V. Who Is an Insured - Fellow Employee Extension - Management Employees 1. The following is added to paragraph 2.a.(1) of SECTION II - WHO IS AN INSURED: Paragraph (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, including the direct supervision of other "employee" of yours. However, none of these "employees' are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury," caused in whole or in part by their intoxication by liquor or controlled substances. This coverage is excess over any other valid and collectable insurance available to your "employee." W. Broadened Personal and Advertising Injury 1. Unless "Personal and Advertising Injury" is excluded from this Policy, the following is added to SECTION V - DEFINITIONS Item 14.: h. mental injury, mental anguish, humiliation, or shock, if directly resulting from Items 14.a. through 14.e. CG 89 70 (Ed. 111141 (Pane 12 of 12) CG 89 70 (Ed 11114) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SIGNATURE GENERAL LIABILITY BROADENING ENDORSEMENT This Endorsement modifies and is subject to the insurance provided under the following form: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following extension only applies in the event that no other specific coverage for the indicated loss exposure is provided under this Policy. If other specific coverage applies, the terms, conditions and limits of that Coverage are the exclusive coverage applicable under this Policy, unless otherwise noted in this Endorsement. This is a summary of the various additional coverages and coverage modifications provided by this Endorsement. For complete details an specific coverages, consult the actual policy wording. Coverage Description Limit of Insurance Page Non -Owned Aircraft Included 2 Non -Owned Watercraft included 2 Bodily injury - Mental Injury, Mental Arguish, Humiliation or Shock Included 3 Medical Payments $ 20,000 3. Damage to Premises Rented to You $ 1,000,000 3 Supplementary Payments - Bail Bonds $ 3,000 4 Supplementary Payments - Loss of Earnings $ 1,000 per day 4 Newly Formed or Acquired Organizations Included 4 Unintentional Failure to Disclose Hazards included 5 Knowledge of Occurrence Claim or Suit Included 5 Property Damage Liability - Elevators Included 5 Property Damage Liability • Borrowed Equipment Included 5 Liberalization Clause Included 6 Amendment of Pollution Exclusion (Premises) Included 6 Limited Property Damage to Property of Others $ 5,000 6 Additional Insured - Manager or Lessor of Premises Included 7 CG 89 70 Ed. 11114) (Page 1 of 12) 21-22 Certificates. pdf Coverage Description Limit of Insurance Page Additional Insured - Funding Sources Included 7 Additional Insured - By Contract Included 8 Primary and Non -Contributory Additional Insured Extension Included 10 Additional Insureds • Protection of Your Limits Included 10 Blanket Waiver of Transfer of Rights of Recovery Against Others to Us (Subrogation) Included 11 Property Damage Extension With Voluntary Payments S 1,000/S 5,000 11 Who Is An Insured - fellow Employee Extension - Management Employees Included 12 Broadened Personal and Advertising Injury included 12 A. Non -Owned Aircraft Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily injury and Property Damage Liability, exclusion g. Aircraft, Auto or Watercraft does not apply to an aircraft provided 1. I. is not owned by any insured; 2, it is hired, chartered or loaned with a trained paid crew, 3, the pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating him or her a commercial or airline pilot; and 4. it is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the Insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this Policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. Non -Owned Watercraft Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability, subparagraph (2) of exclusion g. Aircraft. Auto or Watercraft is replaced by the following: This exclusion does not apply to: f2) A watercraft you do not own that is (a) less than 60 feet long; and CG 89. 70 Ed. 11; 14) (Page 2 of 12) 21-22 Certificates. pdf b. the loss is covered by any other insurance you have or by any insurance of such person who causes such loss. These payments will not reduce the Limits of Insurance. O. Additional insured - Manager or Lessor of Premises 1. SECTION 11 - WHO IS AN INSURED is amended to include as an additional insured any person or organization from whom you lease or rent property and which requires you to add such person or organization as an additional insured on this Policy under: (a) a written contract; or (b) an oral agreement or contract where a Certificate of Insurance showing that person or organization as an additional insured has been issued, but the written or oral contract or agreement must be an "insured contract," and. (i) currently in effect or become effective during the term of this Policy: and (ii) executed prior to the "bodily injury," "property damage,"'personal and advertising injury." 2. With respect to the insurance afforded to the Additional Insured identified in paragraph 1. above, the following additional provisions apply; (a) This insurance applies only with respect to the liability arising out of the ownership. maintenance or use of that part of the premises leased to you. (b) The Limits of Insurance applicable to the Additional Insured are the lesser of those specified in the written contract or agreement or in the Declarations for this Policy and subject to all the terms, conditions and exclusions for this Policy. The Limits of Insurance applicable to the Additional Insured are Inclusive of and not In addition to the Limits of Insurance shown in the Declarations. (C) In no event shall the coverages or Limits of Insurance, in this Coverage Form be increased by such contract. (d) Coverage provided herein is excess over any other valid and collectible insurance available to the Additional Insured whether the other insurance is primary, excess, contingent or on any other basis unless a written contractual arrangement specifically requires this insurance to be primary. (e) This insurance applies only to the extent permitted by law. 3. This insurance does not apply to: (a) Any "occurrence" or offense which takes place after you cease to be a tenant in that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the Additional Insured. P. Additional Insured - Funding Sources 1. SECTION 11 - WHO IS AN INSURED is amended to include as an additional insured any Funding Source which requires you in a written contract to name the Funding Source as an additional insured but only with respect to liability arising out of; CG 88 70 Ed. 11; 14) (Page 7 of 12) 21-22 Certificates. pdf a. your premises; or b. "your work" for such additional insured; or c. acts or omissions of such additional insured in connection with the general supervision of "your work" and only to the extent set forth as follows: a. The Limits of Insurance applicable to the Additional Insured are the lesser of those specified in the written contract or agreement or In the declarations for this Policy and subject to all the terms, conditions and exclusions for this Policy. The Limits of Insurance applicable to the Additional Insured are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. b. The insurance afforded to the Additional Insured only applies to the extent permitted by law c. 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. d. in no event shall the coverages or Limits of Insurance in this Coverage Form be increased by such contract. Q. Additional Insureds - By Contract 1. SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit_ Such person or organization is an additional insured but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of: a. your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the Additional Insured that are subject of the written contract or written agreement provided that the "bodily injury" or *properly damage occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or b. the maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or c. the Additional Insureds financial control of you; or d. operations performed by you or on your behalf for which the state or political subdivision has issued a permit 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 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 such additional insured. With respect to paragraph 1.a. above, a person's or organization's status as an additional Insured under this Endorsement ends when: CG 89 70 (Ed. 11i14) rPage 8 of 12) 21-22 Certificates. pdf (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 for or on behalf of the Additional Insured($) 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. With respect to paragraph 1.b. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this Endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage." We have no duty to defend an additional insured under this Endorsement until we receive written notice of a "suit" by the Additional Insured as required in paragraph b, of Condition Z. Duties in the Event of Occurrence, Offense, Claim or Suit under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITION. 2. With respect to the insurance provided by this Endorsement, the `ollowing are added to paragraph 2. Exctusions under SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability. This insurance does not apply to: a. "Bodily injury" or "property damage" that occurs prior to your commencing operations at the location where such "bodily injury" or "property damage" occurs. b. 'Bodily injury." "property damage" or 'personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, if the "occurrence" which caused the "bodily injury" or "property damage," or the offense which caused the "personal and advertising injury," involved the rendering of, or failure to render, any professional architectural, engineering or surveying services. c. 'Bodily injury" or "property damage occurring after: (f) 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 for 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. CG 89 70 ;Ed. 11114) (Page 9 of 12) 21-22 Celtificates.pdf d. Any person or organization specifically designated as an additional insured for ongoing operations by a separate additional insured endorsement issued by us and made part of this Policy. 3. With respect to the Insurance afforded to these: Additional Insureds, the following is added to SECTION 111 - 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: a, required by the contract or agreement: or b. 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. R. Primary and Non -Contributory Additional Insured Extension This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this Policy. Condition 4. Other Insurance of SECTION Iv - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to paragraph a. Primary Insurance: This insurance is primary to and will riot seek contribution from any other insurance available to an additional insured under your policy provided that: (1) the Additional Insured is a named insured under such other insurance; and (2) you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. b. The following is added to paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement or permit issued by a state or political subdivision between you and an additional :insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the Additional insured is designated as a named insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the Additional Insured has been added as an additional insured on other policies. S. Additional Insureds - Protection of Your Limits This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this Policy. 1. The following is added to Condition 2. Duties in the Event of Occurrence, Offense, Claim or Still An additional insured under this Endorsement will as soon as practicable: CG 89 70 Ed. 11;14) (Page to or 12) 21-22 Certificates. pdf a. give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us: b. tender the defense and indemnity of any clairn or "suit' to all insurers whom also have insurance available to the ,Additional Insured: and c. agree to make available any other insurance which the Additional Insured has for a loss we cover under this Coverage Part. d. we have no duty to defend or indemnify an additional insured under this Endorsement until we receive written notice of a "suit" by the Additional Insured. 2. The Limits of Insurance applicable to the Additional Insured are those specified in a written contract or written agreement or the Limits of Insurance stated in the Declarations of this Policy and defined in SECTION III - LIMITS OF INSURANCE of this Policy, whichever are less. These limits are inclusive of and not in addition to the Limits of Insurance available under this Policy. T. Blanket Waiver of Transfer of Rights of Recovery Against Others to Us (Subrogation) Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 6. Transfer of Rights of Recovery Against Others to Us'. If required by a written contract or written agreement, we waive any right of recovery we may have against a person or organization because of payment we make for injury or damage arising out of your ongoing operations or "your work" done under a contract for that person or organization and included in the "products -completed operations hazard" provided that the injury or damage occurs subsequent to the execution of the written contract or written agreement. U. Property Damage Extension with Voluntary Payments 1. The following is added to paragraph 1. Insuring Agreement of SECTION t - COVERAGE A - Bodily Injury and Property Damage Liability: At your request we will pay for 'loss" 10 property of others caused by your business operations for which? this Policy provides liability insurance. Such payment will be made without regard to your legal obligation to do so. The "loss" must occur during the policy period and must take place in the 'coverage territory.' 2. With respect to the coverage afforded under paragraph 1, above, paragraph 2, Exclusions of SECTION I - COVERAGES A - Bodily Injury and Property Damage Liability is amended as follows: Exclusions j.(3), j.(4), j.(5) and j.(6) are deleted. 3. As respects coverage afforded by this coverage, SECTION III - LIMITS OF INSURANCE is replaced by the following: Regardless of the number of insureds, claims made or "suits' brought or persons or organizations making claims or bring "suits": 1. Subject to 2. Selow, the most we will pay for one or more "loss" arising out of any one "occurrence" is $ 1,000. 2. The aggregate amount we will pay for the sum of all 'loss" in an anraial period is $ 5,000. This aggregate amount is part of and not in addition to the General Aggregate Limit described in paragraph 2- of SECTION III " LIMITS OF INSURANCE, CG 89 70 (Ed. 11114) (Page 11 of 112) 21-22 Certif€cates.pdf '`'� �F CERTIFICATE OF LIABILITY INSURANCE DAT3/06/202YW 03/06/2022 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Servitors, Inc of Florida CONTACT NAME: Aon Risk Services, Inc of Florida A1C No Ext): 800-743-8130 AIG Nl : 800-522-7514 1001 Bdckell Bay Dram, Suite #1100 Noun, FL 331311937 ADDRESS: ADP.COI.Cemer Aori INSURER(S) AFFORDING COVERAGE NAIC# EACH OCCURRENCE S INSURER A: AIU Insurance Company 19399 MED EXP (my one S INSURED ADP TotelSoumInc, DE IV. In INSURER B INSURER C : 10200 Sunset On" Miami, FL 33173 INSURER D: UCIF Asian Youth Center 1 W W Gary Ave. INSURER E INSURER F San GaEnel, CA 91776 COVERAGES CERTIFICATE NUMBER: 3838528 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. LIMITS SHOWN ARE AS REQUESTED. INSR LTR TYPE OF INSURANCE ADOL INSR SUBR WDMMR) POLICY NUMBER POLICY EFF POLICY EXP MMIO LIMITS AUTHORO'ED REPRESENTATIVE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR (7`1 wit Ckp/t 8etviws, 2cco cf&tida EACH OCCURRENCE S DAMAGE TO RENTEDPREMISES Ea occurrence $ MED EXP (my one S PERSONAL B ADV INJURY S GENT. AGGREGATE LIMIT APPLIES PER: POLICY 71 PROJECT ❑ LOC OTHER GENERAL AGGREGATE S PRODUCTS - COMP/OP AGG $ S AUTOMOBILE LUIBILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Ea accident S BODILY INJURYPor reon S BODILY INJURY Per Kdosint $ PROPERTY DAMAGE Per acciden $ $ UMBRELLA UAB EXCESS LAB OCCUR CtJUMS-MADE EACH OCCURRENCE S AGGREGATE S DEC RETENTIONS A WORKERS COMPENSATIONX AND EMPLOYERS' LIABILnY YIN ANY PROPRIETORIPARTNERIEXECUTNE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) Ilya•. dwo ba under DESCRIPTION OF OPERATIONS belpw NIA WC 038368568 CA 07/01/2021 07/01/2022 PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 2,000,000 EL. DISEASE -EA EMPLOYEE S 2,000,000 EL DISEASE- POUCY UNIT S 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) All workshe emplayeee working for ASIAN YOUTH CENTER, paid under ADP TOTALSOURCE, INC'$ payroll, are covered under the above staled policy. CERTIFICATE HOLDER CANCELLATION City of Rosemead Community Development Department SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE SM E Valley Blvd. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Rosemead, CA 91T7o ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORO'ED REPRESENTATIVE (7`1 wit Ckp/t 8etviws, 2cco cf&tida ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD FIRST AMENDMENT TO PUBLIC SERVICES AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND ASIAN YOUTH CENTER FOOD AND NUTRITION PROGRAM IN RESPONSE TO CORONAVIRUS (COVID-19) FUNDED THROUGH COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS (CDBG-CV) THIS FIRST AMENDMENT TO THE FOOD AND NUTRITION PROGRAM AGREEMENT originally entered into and effective July 1, 2021 is made and entered into effective February 28, 2022 ("Amendment") by and between the City of Rosemead (the "City") and Asian Youth Center (the "Subrecipient") related to the food distribution program in response to the coronavirus pandemic. WITNESSETH WHEREAS, the CITY is the recipient of Community Development Block Grant Coronavirus (CDVG-CV) from the U.S. Department of Housing and Urban Development (HUD), including funds that are reserved for the use of Public Services; and WHEREAS, the CITY and the SUBRECIPEINT, are parties to that certain AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND ASIAN YOUTH CENTER dated the Pt day of July, 2021 ("Original Agreement") to provide emergency food, material, and supplies to the residents of Rosemead that have been impacted by the Coronavirus; and WHEREAS, under the Original Agreement, the CITY agreed to pay the SUBRECIPIENT, as maximum compensation for the Original Project pursuant to the Scope of Work as defined therein, Twenty-five Thousand Dollars ($25,000) of CDBG-CV; and WHEREAS, the SUBRECIPIENT is requesting an additional Five Thousand Dollars ($5,000) in CDBG-CV funds to assist additional Rosemead residents. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, including the Attachments, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: The City and Subrecipient agree to amend Section 2.1. Funding as follows: Section 2.1. Funding. The CITY shall pay the SUBRECIPEINT, as maximum compensation for the additional Rosemead residence served pursuant to the Scope of Work thereof, Five Thousand Dollars ($5,000.00) of CDBG-CV funds in accordance with the attached Revised Exhibit 1— Project Budget. The City has approved the funds to be used to fund a Food and Nutrition Program in the amount not to exceed $30,000. 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 from the CDBG-CV allocation. 2. REAFFIRMATION. The SUBRECIPIENT hereby reaffirms the terms and conditions of the Original Agreement and acknowledges that each and every term and condition of the Original Agreement is, and shall remain, in full force and effect, except to the extent amended by or otherwise inconsistent with this Amendment. [Signatures on next page] CITY OF ROSEMEAD SUBRECIPIENT By: �' 1- 27- By: Ben Kim , City M er Date Date Name: a,, (-e Fred -� Attest: - f-"�A 1./, -,2.- City Clerk Date Approved as to Form: z z adbldl- 4:,Iachel Richman Date City Attorney Title: F'eC1A1 t - lD 1 r&hf [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] In Name: Title: REVISED EXHIBIT 1 BUDGET The maximum amount of CDBG-CV dollars that the CITY will be paying for SUBRECIPIENT'S Food and Nutrition Program for the City of Rosemead will not exceed Thirty Thousand Dollars ($30,000.00). This maximum amount of CDBG-CV funds include the increase of Five Thousand Dollars ($5,000.00) requested by SUBRECIPIENT due to the increase in demand for the Program. PUBLIC SERVICE AGREEMENT FOOD AND NUTRITION PROGRAM IN RESPONSE TO CORONAVIRUS (COVID-19) FUNDED THROUGH COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS (CDBG-CV) (ASIAN YOUTH CENTER) 1. PARTIES AND DATE. This Agreement is made and entered into this 1ST day of July, 2021 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 Asian Youth Center with its principal place of business at 100 West Clary Ave, San Gabriel, 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 (COVI D-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 Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 2 of 18 allocation. 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 July 1, 2021 to June 30, 2022 at the sole and absolute discretion of the City, unless earlier terminated as provided herein. Subreceipient 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 the this Agreement. This Agreement may also be terminated for the City's convenience, consistent with 24 CFR 85.44. Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 3 of 18 3.2 Responsibilities of Subrecipient. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The 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. Subricepient 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: Michelle Freridge, Executive Director. 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 Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 4 of 18 designee. 3.2.6 Subrecipient's Representative. Subrecipient designate to act as 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, 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. Subreceipient 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. Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 5 of 18 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 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 as identified in the Bid. 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. 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) Quarterly Performance Report. Subrecipient shall submit to the City every three (3) months, quarterly 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 Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 6 of 18 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. (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 afer 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 Organziations. 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 O, 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. Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 7 of 18 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 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. 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. Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 8of- 18 (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. 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) Nothwithstanding 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 Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 9 of 18 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 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 Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 10 of 18 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 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 570.2000) 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 O 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 $25,000.00. 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 a quarterly 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 Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 11 of 18 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 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. Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 12 of 18 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 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: Asian Youth Center 100 West Clary Ave. San Gabriel, CA 91776 Attn: Michelle Fleridge, Executive Director Tel: (626) 646-4855 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Ben Kim, Assistant City Manager 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 Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 13 of 18 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. (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. (1) Program Income — Transfers of grant funds by the City to the Subreceipient 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 Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 14 of 18 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 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, consultants 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 attorneys 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 Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 15 of 18 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 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: Subreceipient 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 work days. 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 Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 16 of 18 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, 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 subconsultants 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 Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 17 of 18 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. 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 Asian Youth Center (AYC) Page 18 of 18 CITY OF ROSEMEAD SUBRECIPIENT By: BILI By: Gloria klareda, City Manager Date Oate Attest: 6121121 City Clerk D to Approved as to Form: �, / 6/4/21 Rachel Richman Date City Attorney Name: M c,N ELLEg-►D(�re� Title: [If Corporation, Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED) Name: Title: Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants Asian Youth Center (AYC) Page 18 of 18 CITY OF ROSEMEAD Gloria Molleda, City Manager Date Attest: City Clerk Approved as to Form: Date Rachel Richman Date City Attorney SUBRECIPIENT By: Bate Name: M ( (,Nii--uxE �-R-Et P Gre' Title: M5c"n V�­ �'I "l-TDe-- [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Name: Title: Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants EXHIBIT A PROPOSAL FOR SERVICES/ RATE SCHEDULE/RESUME NON-PROFIT COMMUNITY SERVICE ORGANIZATION REQUEST FOR FUNDING FISCAL YEAR 2021-2022 Legal Name of Organization: AYC Tax ID#: 33-0383691 DUNS#: 55-5952712 Address: 100 W. Clary Ave. San Gabriel, CA 91776 Executive Director: Michelle Freridge Contact Name: Nicholette Espinosa Telephone: 626-427-7351 Fax: 626-309-0622 Email: Nicholette.espinosaa-aycla.org Purpose of Organization: Asian Youth Center (AY) is a community-based 50103 non-profit organization (EIN#33- 0383691) whose mission is to empower low-income, immigrant, and at -risk youth, of all communities to overcome barriers to success through the provision of culturally and linguistically competent education, employment, and social services. We help youth succeed in school, at work, and life. 1 1 P a g e Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grants/Entitlement Grants Enter "X" by the appropriate designation: ❑x Non-profit organization❑For-profit organization Enter "X" by all that apply: ❑Afaith-based organization ❑Institution of higher education ❑x Not Applicable TOTAL UNDUPLICATED ROSEMEAD CLIENTS: FY 20-21 62 (Please Complete Attached Backup - Performance Report) (Est) FY 20-21 75 ROSEMEAD FY 2021-2022 FINANCIAL SUPPORT: $25,000 FY 2020-2021 FINANCIAL REQUEST FROM CITY OF ROSEMEAD: $25,000 AGENCY TOTAL BUDGET FOR FISCAL YEAR 2021-2022: $37,500 State the Agency's mission, goals and major objectives. In addition, describe programs designed to meet goals and objectives. Attach any recent evaluations of programs or needs assessments. Missions Statement: Asian Youth Center (AY) is a community-based 50103 non-profit organ ization(EIN#33- 0383691) whose mission is to empower low-income, immigrant, and at -risk youth, of all communities to overcome barriers to success through the provision of culturally and linguistically competent education, employment, and social services. We help youth succeed in school, at work, and life. Goals: AYC will begin utilizing funds upon completion of a full contract with the City and communication of City approval to proceed. AYC will use all funds within 1 year and will be consistent with City and CDBG requirements for accounting, documentation, reporting, Etc. Objectives: AYC will order food, sort and package the food into distribution units that hold 30 meals for each household and schedule by appointment only pick-up appointments with low-income families on a first come first served basis. Programs designed to meet goals and objects: AYC will order/buy/transport food; sort and package the food into distribution unit s that hold 30 meals for each household; and schedule by appointment only pick-up appointments with low-income families on a first come first served basis. AYC staff will collect and document all income and residency qualifications which we are trained to do currently for CSBG funded Emergency Food Programming. AYC staff will conduct outreach to Rosemead residents in 2 1 P a g e Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grants/Entitlement Grants English, Chinese, and Spanish. AYC will submit monthly reports and invoices to the City of Rosemead in compliance with CDBG requirements. For the $25,000, AYC will provide a minimum of 60 and a maximum of 75 low-income Rosemead City households per with emergency food kits with 30 meals per kit on an as needed basis, with a minimum of a monthly kit per household. 2. Briefly explain any new programs or services to Rosemead residents during FY 2020 - 2021. Are any planned for FY 2021-2022? No new services are planned. AYC's goal is to continue with the Emergency Food Program and focus on expanding services to new families and individuals in need. 3. How are clients referred to youragency? Clients are referred to AYC by the following: family, friends, 211, the City of Rosemead, local community-based organizations, local schools & district. AYC also conducts outreach via e - newsletter, social media, and physical flyers. 4. List and explain any major changes in funding patterns or expenditures NA 5. List major sources of funding and the amount (i.e. cities, county, state, federal, fundraising, etc.) Community Development Block Grant -COVID 19: City of Rosemead Other Federal Funds: DPSS- Community Service Block Grant Other Non -Federal Funds: Individual, Corporate, and Foundation donations and grants. Annual campaign fundraising efforts will also have a focus on Emergency Food Programming. 6. What facilities in Rosemead are used to conduct services? There are no facilities located in Rosemead at this time. We are working with local Rosemead partners to engage our program with local sites in the city of Rosemead. Meanwhile our targeted outreach efforts and proximity to the city of Rosemead allows us to continue to serve Rosemead families in need. 7. The proposed Community Service would be provided to: Mark each that apply X Low and Moderate -Income persons or households X Abused Children X X X Handicapped Persons Illiterate Persons Battered Spouses 3 1 P a g e Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grants/Entitlement Grants X Homeless Persons X Migrant Farm Workers X Elderly Persons 8. How many Rosemead citizens do you project will benefit from your program/project: 75 Provide a specific example or case study of a client that exemplifies how program objectives were achieved during the past year: (Attach additional page if necessary) This program was beneficial for the low-income residents of the City of Rosemead who might otherwise go hungry, not only by providing food but also by increasing the likelihood that they will be able to comply with the Safer At Home Order and social distancing best practices, slowing the spread of the virus through the low-income communities as well. Families who lost their jobs during the pandemic were able to come to our facility to receive their meals. Families were thankful for this support. Chun Yun lost her job since March due to COVID-19. She tried to apply EDD unemployment insurance several times. Unfortunately, her application always got denied. Ms. Chun is glad to find AYC emergency food program. She is happy that AYC continues to help her with her food and continues to serve the community in need. 10. Has your organization conducted the proposed activity before? Yes X No 11. Describe your organization's experience with CDBG AYC has in the past year during a pandemic been able to order/buy/transport food; sort and package the food into distribution units that hold 30 meals for each household; and schedule by appointment only, pick-up appointments with low-income families on a first come first served basis. AYC staff have been able to successfully collect and document all income and residency qualifications which we are trained to do currently for CSBG funded Emergency Food Programming. AYC staff have successfully led outreach to Rosemead residents in English, Chinese, and Spanish. AYC has properly submitted all monthly reports and invoices to the City of Rosemead in compliance with CDBG requirements. 12. Do you charge any fees to your clients? If so, what is the fee structure? No fees are charged to AYC clients of the Emergency Food Program. 4 1 P a g e Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grants/Entitlement Grants LL 0 D I N U) �Z LUL LU LU J W a� N❑ W 0w LL N �0 0w w0 W LV Zj_ F- u 0LU LL W LU a iz m U W ❑ N 7 E N c E o 7 U O C U >, m E o LL U)m U) 'a r� N ' N c0 N d .. — � C E E E m z c QQ W Ll. C U A O O N(D O U- O M V) O O O cq J m � 00 Ln M Cl LO O 10 10 M C W = 3 O N L J d E m > OU O 0) C c �a co co O O O O O O O p O O E o — U U- 0 J s 00 O O O o O O o v O r L O LL = iJLo y - p O 1 Ln O 1 o o as N 4-- E o Z X J 0-.,-- 4, W >1 C S 0 r O O LO O O O N L) Q LC 0 d � a m O LO LO O O O M .E co CL = U O O O O O O M C C N O Z ai = U LO O I Lo O 1 O O 1 O m @ Z U C � �U (II � ca a `m s u, O O Li- c c N ca = N ' Y O C+ C O_0 O " C U LO O m Q Q z 2 0 :D N 7 E N c E o 7 U O C U >, m E o LL U)m U) 'a r� N ' N c0 N d .. — � C E E E m z c QQ W Ll. C U A I a w Q� U) W [L-2 wU) OLL� 0 a oW 0.W WW MO WW U a w O� 0� W U CLs LL wW ~ Z a W m 1-- F V W W m a� a� U) 7 O O O C 7 — O >+ U •- 75 m O LL t LL O CU CN C N LL = O = o 0 0 0 0 J m =O ~ O O LO (O O I O I O L() O d J G1 `- O O _ fA > U O p)LL 0 C o L 'O Q00 r O O ICD O I O I o O O d E O w J V O C 00d � O O O O O O O _V _ o LL N O O a >JLO O C M I O LO O O 1 O O N O s- (D >, �, 4- 7 "J U\� Z x E M ++ c W 7O COO lo I O O M U �F- Q cNa O CL m D LO LO o 0 0 o U) U m CL 0 I 0 0 I 0 10 o ILO O zLo 2 U LO O C(O O O lo O N C U L-- C (0 U N ` m Y N m d `m � Q � cm N o ` O 0 U U C C @ ca m C O COj NN N y= Y U C (II � N C C Y C N m O Q Q g z T r 0 C =) m a� a� U) 7 O O O C 7 — O >+ U •- 75 m O LL t LL PROGRAM BUDGET Use Whole Dollars Only Please explain Changes Greater than 15% between FY 2019-20 and FY 2020- 21 and/or FY 2020-21 and FY 2021-22. 6 1 P a g e Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grants/Entitlement Grants FY 2019-2020 Current Operating Year FY 2020-2021 Proposed Budget FY 2021-2022 CDBG SHARE FY 2021-2022 Expense Salaries 56,976 57,000 9,000 Employee Benefits 6,769 6,000 1,000 Employees Payroll Taxes 5,866 6,000 1,000 Profes. & Consultant Fees Supplies 418 400 80 Telephone & Fax 590 600 100 Postage & Shinning Occupancy & Utilities 1,113 1,100 180 Rental & Maint. of Equip. 452 500 100 Printing & Publishing Travel and Transportation 812 800 140 Conferences Specific Assist. To Individuals Membership Dues Awards & Grants Insurance 1,484 1,500 200 Equipment Purchased Misc. Expenses 47,833 48,000 7,500 Transfer to Other Funds Dues to National Organizations Over Expenses Please explain Changes Greater than 15% between FY 2019-20 and FY 2020- 21 and/or FY 2020-21 and FY 2021-22. 6 1 P a g e Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grants/Entitlement Grants Please explain what expenses are included in the "Other" Category. 7 1 P a g e Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grants/Entitlement Grants PROGRAM REVENUE Use Whole Dollars Only w a g e Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grants/Entitlement Grants FY 2019-2020 Current Operating Year FY 2020-2021 Proposed for FY 2021-2022 Public Support Contributions 112,855 113,000 Foundation & Private Grants 129,326 129,000 Fundraising/ special Events 687 1,000 Legacies and Bequests Other Federated Org. United Way Misc. Organizations Other Subtotal Government Federal State Local Subtotal Other Revenue Membership Dues Program Services Fees Investment Income Transfer From Other Fund All Other Revenue Subtotal TOTAL REVENUE w a g e Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grants/Entitlement Grants Please explain Changes Greater than 15% between FY 2019-20 and FY 2020-21 and/or FY 2020-21 and FY 2021-22. 9 1 P a g e Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grants/Entitlement Grants HAVE BEEN AUTHORIZED TO SUBMIT REQUEST FOR FUNDING Signature Frw -4 Print Name CXec,�clr-e Title Ex-eL@6ayc LG-y� Email Address Phone Number f -\-s I`, VOLcae, (NYC) Organization U/ 1/42) Date DO NOT COMPLETE THIS SECTION - FOR CITY USE ONLY Date Application Received: Date Reviewed by Rosemead Staff: Approved or Declined: Date Notification Letter Sent to Applicant: 8 1 P a g e Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grants/Entitlement Grants U.S. Department of Housing & Urban Development Listing of Proposed Projects PROJECT ID PROGRAM YEAR HUD MATRIX 14 2021 03T PRIORITY NEED Public Service TARGET AREAS INCLUDED ❑Eligible Low and Moderate -Income Block Grant ©Community Wide PROJECT TITLE Asian Youth Center PROJECT DESCRIPTION Missions Statement: Asian Youth Center (AY) is a community-based 501©3 non-profit organ ization(EIN#33-0383691) whose mission is to empower low-income, immigrant, and at -risk youth, of all communities to overcome barriers to success through the provision of culturally and linguistically competent education, employment, and social services. We help youth succeed in school, at work, and life. Goals: AYC will begin utilizing funds upon completion of a full contract with the City and communication of City approval to proceed. AYC will use all funds within 1 year and will be consistent with City and CDBG requirements for accounting, documentation, reporting, Etc. Objectives: AYC will order food, sort and package the food into distribution units that hold 30 meals for each household and schedule by appointment only pick-up appointments with low-income families on a first come first served basis. Programs designed to meet goals and objects: AYC will order/buy/transport food; sort and package the food into distribution unit s that hold 30 meals for each household; and schedule by appointment only pick-up appointments with low-income families on a first come first served basis. AYC staff will collect and document all income and residency qualifications which we are trained to do currently for CSBG funded Emergency Food Programming. AYC staff will conduct outreach to Rosemead residents in English, Chinese, and Spanish. AYC will submit monthly reports and invoices to the City of Rosemead in compliance with CDBG requirements. For the additional $12,500, AYC will provide a minimum of 60 and a maximum of 75 low-income Rosemead City households per with emergency food kits with 30 meals per kit on an as needed basis, with a minimum of a monthly kit per household. ANNUAL GOALS SUPPORTED ❑Planning & Administration ®Increase Public Service for Seniors ❑Expand Fair Housing Choice and Access ❑Affordable Owner Housing ❑Repair Aging Housing Infrastructure ❑Community Housing Development Org (CHDO)-Admin Community Development Department Project Listed in the Annual Action Plan City of Rosemead FY 2021 — 2022 U.S. Department of Housing & Urban Development Listing of Proposed Projects El Increase the Supply of Lead Safe Housing ❑Support Community Housing Development Org ❑Code Enforcement (CHDO) El Increase Public Services for the At -Risk -Youth ❑Acquisition of Land ❑Prevent Homelessness PRIORITY NEEDS ADDRESSED ❑Housing Needs ®Supportive Service Needs ❑Affordable Owner Housing Needs ❑Homeless Needs El Renter Needs ❑Economic Development Needs ❑Fair Housing Needs GOAL OUTCOME INDICATOR QTY UNIT OF MEASURES Provide meals/food to low/mod income Rosemead residents that 2250 Meal Kit with supplies were impacted by Covid-19. for 30 meals per individual START DATE: 7/1/2021 TARGET DATE COMPLETED: 6/30/2022 Community Development Department City of Rosemead ESTIMATED AMOUNT & RESOURCES CDBG HOME OTHER (CDBG-CV3) $25,000 TOTAL $25,000 Project Listed in the Annual Action Plan FY 2021 — 2022 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 Subrecipients, subconsultants 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 FIRST AMENDMENT TO PUBLIC SERVICES AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND ASIAN YOUTH CENTER FOOD AND NUTRITION PROGRAM IN RESPONSE TO CORONAVIRUS (COVID-19) FUNDED THROUGH COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS (CDBG-CV) THIS FIRST AMENDMENT TO THE FOOD AND NUTRITION PROGRAM AGREEMENT originally entered into and effective September 1, 2020 is made and entered into effective March 13, 2021 ("Amendment") by and between the City of Rosemead (the "City") and Asian Youth Center (the "Subrecipient") related to the food distribution program in response to the coronavirus pandemic. WITNESSETH WHEREAS, the CITY is the recipient of Community Development Block Grant Coronavirus (CDVG-CV) from the U.S. Department of Housing and Urban Development (HUD), including funds that are reserved for the use of Public Services; and WHEREAS, the CITY and the SUBRECIPEINT, are parties to that certain AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND ASIAN YOUTH CENTER dated the 1St day of September, 2020 ("Original Agreement") to provide emergency food, material, and supplies to the residents of Rosemead that have been impacted by the Coronavirus; and WHEREAS, under the Original Agreement, the CITY agreed to pay the SUBRECIPIENT, as maximum compensation for the Original Project pursuant to the Scope of Work as defined therein, Twenty-five Thousand Dollars ($25,000) of CDBG-CV; and WHEREAS, the SUBRECIPIENT is requesting an additional Twelve Thousand Five Hundred Dollars ($12,500) in CDBG-CV funds to�assist additional Rosemead residents. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, including the Attachments, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: The City and Subrecipient agree to amend Section 2.1. Funding as follows: Section 2.1. Funding. The CITY shall pay the SUBRECIPEINT, as maximum compensation for the additional Rosemead residence served pursuant to the Scope of Work thereof, Twelve Thousand Five Hundred Dollars ($12,500.00) of CDBG-CV funds in accordance with the attached Revised Exhibit 1 — Project Budget. CITY OF ROSEMEAD SUBRECIPIENT B�t By: lona Molleda, City Manager Date Date Name: � I�i'Q Ff-oc(\ -e r Attest: Title: �� �'-�� Dw-ec6c City Cler Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: By la4l � /' t9 121 Name: Rachel Richman Date City Attorney Title: CITY OF ROSEMEAD Gloria Molleda, City Manager Attest: City Clerk Approved as to Form: Rachel Richman City Attorney SUBRECIPIENT By: 5 a�al Date Date Date Date Name:Wj"t, &( X��`"i 'e Title: Gi-ew-C k Dimd-,Dr [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Name: Title: REVISED EXHIBIT 1 BUDGET The maximum amount of CDBG-CV dollars that the CITY will be paying for SUBRECIPIENT'S Food and Nutrition Program for the City of Rosemead will not exceed Thirty -Seven Thousand Five Hundred Dollars ($37,500.00). This maximum amount of CDBG-CV funds includes the increase of Twelve Thousand Five Hundred Dollars ($12,500.00) requested by SUBRECIPIENT due to the increase in demand for the Program.