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HomeMy WebLinkAboutContract 1887 (I' 180- COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT NO. 20-007 FOR COACHELLA VALLEY RESCUE MISSION FOR CDBG-CV: ADDITIONAL SHOWER FACILITIES This Agreement, is entered in duplicate on the dates set forth below by and between the CITY of CATHEDRAL CITY, a California charter city, as RECIPIENT, (hereinafter referred to as "CITY"), and Coachella Valley Rescue Mission (CVRM), (hereinafter referred to as "SUBRECIPIENT.") PURPOSE This Agreement sets forth the responsibilities of CITY and SUBRECIPIENT in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as "CDBG"), as amended, Public Law 93-383. The CDBG program and funds related thereto are referred to from time to time as the "CDBG" PROGRAM or "CDBG FUNDS". CITY agrees to engage the services of SUBRECIPIENT, and SUBRECIPIENT agrees to perform the services for CITY hereinafter described, for the compensation, during the term, and otherwise subject to the covenants and conditions hereinafter set forth. 1. SUBRECIPIENT"s Services SUBRECIPIENT agrees to perform during the term of this Agreement, all tasks, obligations, and services set forth in the "Scope of Services" attached to this Agreement as Exhibit A and incorporated into this Agreement by this reference. 2. Payment for Services CITY shall pay SUBRECIPIENT for the services performed by SUBRECIPIENT pursuant to the terms of this Agreement the compensation set forth in the "Schedule of Compensation" attached hereto as Exhibit "B." The compensation shall be paid at the time and manner set forth in Exhibit "B." 3. Availability of Funds/Modifications CITY's provision of funding to SUBRECIPIENT pursuant to this Agreement is contingent on the availability of CDBG FUNDS and continued federal authorization for CDBG PROGRAM activities, and is subject to amendment or termination due to lack of funds or authorization. This Agreement is subject to written modification and termination as necessary by CITY in accordance with requirements contained in any future Federal legislation, regulations or CITY policy. All other modifications must be in written form and approved by both parties. 2020 Subrecipient Agreement Cathedral City CDBG Program 4. Obligation of Funds SUBRECIPIENT shall not obligate any funds, incur any costs, or initiate identified project(s), which are the subject of the Agreement, until all environmental review has been completed and certified by CITY's Community Development Department and CITY has issued a written "Authorization to Obligate Funds and Incur Costs." 5. Term of Agreement The term of this Agreement shall be from July 1, 2020 to June 30, 2021. 6. Time for Performance SUBRECIPIENT shall not perform any work under this Agreement until (i) SUBRECIPIENT furnishes proof of insurance as required under Section 20 of this Agreement, and (ii) CITY gives SUBRECIPIENT a written, signed and numbered purchase order or other Authorization to obligate funds and incur costs. All services required of SUBRECIPIENT under this Agreement shall be completed on or before the end of the term of the Agreement. 7. Designated Representative (a) The CITY's representative is as follows: Name and Title: Charles P. McClendon, City Manager Address: 68700 Avenida Lalo Guerrero, Cathedral City, CA 92234 E-mail Address: CMcClendon(c cathedralcity.gov Telephone No.: 760-770-0372 (b) The SUBRECIPIENT's representative, who shall be responsible for job performance, negotiations, contractual matters, coordination with the CITY Representative is as follows: Name and Title: Darla Burkett, Executive Director Post Office Address: 47470 Van Buren Street Indio, CA 92201 E-mail Address: dburkettcvrm.org Telephone No.: 760-347-3512 The SUBRECIPIENT's professional services shall be actually performed by, or shall be immediately supervised by, the SUBRECIPIENT's representative. 8. Compliance SUBRECIPIENT agrees that it undertakes hereby the same obligations to CITY that CITY has undertaken to HUD pursuant to CITY's CDBG application and certifications. The obligations undertaken by SUBRECIPIENT include, but are not limited to, the obligation to comply with all federal laws and regulations describe in Subpart K of 24 CFR Part 570 except, 2020 Subrecipient Agreement Cathedral City CDBG Program however, that the SUBRECIPIENT does not assume the CITY's environmental responsibilities or the responsibility for initiating the environmental review process under 24 CFR Part 52. and specifically, with each of the following: a) The Housing and Community Development Act of 1974 (Public Law 93-383) as amended, and legislative changes contained in the Housing and Urban-Rural Recovery Act of 1983; and the Housing and Community Development Act of 1987; b) Final regulations of the Department of Housing and Urban Development relating to Community Development Block Grants (Title 24, Chapter V, Part 570 of the Code of Federal Regulations commencing with Section 570.1) dated September 6,1988; and revisions to 24 CFR Part 570 at Subpart J entitled "Grant Administration" and dated March 11, 1988; c) Regulations of the Department of Housing and Urban Development relating to environmental review procedures for the Community Block Grant program (Title 24, Subtitle A, Part 58 of the Code of Federal Regulations, commencing at Section 58.1) except that SUBRECIPIENT does not assume CITY's environmental responsibilities; d) Title VI of the Civil Rights Act of 1964 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Public Law 90-284); Section 109 of the Housing and Community Development Act of 1974; Section 3 of the Housing and Urban Development Act of 1968; Executive Order 11246 as amended by Executive Order 12086; Executive Order 11063 as amended by Executive Order 12259; and HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; e) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and regulations adopted to implement the Act in the Code of Federal Regulations, Title 24, Part 42; f) Equal Employment Opportunity and Affirmative Action (EEO/AA); The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer; g) Administrative regulations, including, but not limited to, 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Final Guidance applicable to HUD Federal Award Recipients the uniform guidance supersedes, consolidates, and streamlines requirements from eight OMB circulars: 1) OMB Circular A-21, Cost Principles for Educational Institutions; 2) OMB Circular A-87 entitled "Cost Principles Applicable to Grants and Contracts with State and Local Governments"; 3) OMB Circular A-89, Catalog of Domestic Assistance; OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments; 2020 Subrecipient Agreement Cathedral City CDBG Program 4) OMB Circular A-110 entitled "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations"; 5) OMB Circular A-122 entitled "Cost Principles for Non-Profit Organizations"; 6) OMB Circular A-133 entitled "Audits of States, Local Governments, and Non-Profits"; 7) OMB Circular A-50, Audit follow-up on Single Audit Act follow-up h) 24 CFR Part 84 entitled "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments," as modified by 24 CFR 570.502(a); i) 24 CFR Part 85 entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal Governments" and referred to as the "Common Rule"; j) A-128 entitled "Audits of State and Local Governments" (implemented at 24 CFR part 44); k) The following laws and regulations relating to preservation of historic places: Public Law 89-665 the Archaeological and Historical Preservation Act of 1974 (Public Law 93-291), and Executive Order 11593 including the procedures prescribed by Advisory Council on Historic Preservations in 36 Code of Federal Regulations, Part 800; I) The Labor Standards Regulations set forth in Section 570.603 of 24 CFR Part 570; and HUD Handbook 1344.1; m) Section 3 of the Housing and Urban Development Act of 1968 related to HUD funded activities, to the greatest extent feasible, be directed to create jobs to local low-income residents and the businesses that employ them; n) The Architectural Barriers Act of 1968 (42 U.S.C. Section 4151 and the Americans with Disabilities Act of 1990 (ADA); o) The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, U.S.C.); p) The Flood Disaster Protection Act of 1973 (Public Law 93-234 and the regulations adopted pursuant thereto) Section 202(a) and the regulations in 44 CFR parts 59 through 79; q) The Clean Air Act (42 U.S.C. Chapter 85) and the Federal Water Pollution Control Act, as amended (33 U.S.C. Section 1251 et seq.) and the regulations adopted pursuant thereto; 2020 Subrecipient Agreement Cathedral City CDBG Program r) Executive Order 12372, which requires State Clearinghouse review and comment of any CDBG project for the planning, construction, reconstruction, and/or installation of water or sewer facilities; s) Section 401(b) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831 (b)) t) Provision of 24 CFR Part 24 regarding use of debarred, suspended, or ineligible contractors or subcontractors; and u) Provision 24 CFR 570.200(j) regarding equal protection of faith based organizations. SUBRECIPIENT further agrees to comply with any environmental, procurement, construction, and other guidelines provided by CITY. As required by Section 30, SUBRECIPIENT shall obtain any necessary permits, licenses and certificates that may be necessary for its performance under this Agreement. Failure to meet established performance goals and standards and/or noncompliance with applicable rules and regulations shall constitute non-compliance with the terms of this Agreement. The CITY is entitled to use one or more of the following remedies for non-compliance, temporarily withhold cash payments pending correction of deficiencies by SUBRECIPIENT; disallow all or part of the cost of the activity or action not in compliance; wholly or partly suspend or terminate the current award for the SUBRECIPIENT's program; withhold further awards for the program; and/or take other remedies that may be legally available. 9. Subcontracts SUBRECIPIENT shall incorporate the same or substantially equivalent requirements as are contained in this Agreement in all subcontracts which utilize any CDBG FUNDS and/or support any CDBG PROGRAMS(s) covered by this Agreement; when PROGRAMS(s) utilize(s)from CDBG FUNDS and other funding sources, all FUNDS shall be subject to CDBG regulations. SUBRECIPIENT, by entering into any such subcontract for performance of any portion of its CDBG PROGRAM, is not relieved of its responsibilities to CITY as set forth in this Agreement. 10. Non-Discrimination/Grievance Procedures No person with responsibilities in the operation of any project under this Agreement will discriminate because of race, creed, color, national origin, age, sex, political affiliation, handicap, beliefs, or marital or familial status. SUBRECIPIENT will ensure that every effort is made to provide equal opportunity to every potential minority and women's business vendor, contractor and subcontractor. 11. Standard of Conduct/Conflict of Interest and Lobbying No member, officer or employee of SUBRECIPIENT or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, 2020 Subrecipient Agreement Cathedral City CDBG Program direct or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program activities assisted under this Agreement. No member, officer or agent of the SUBRECIPIENT shall participate in the selection of in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision- making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to proceeds from the CDBG- assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or fora period of one (1) year thereafter. For purposes of this Section, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the SUBRECIPIENT, or any designated public agency. By entering into this Agreement, SUBRECIPIENT certifies: a) No federal appropriated funds have been paid or will be paid, by or on behalf of SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant loan, or cooperative agreement. b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, SUBRECIPIENT shall complete and submit Standard Form LL, "Disclosure Form to Report Lobbying," in accordance with its instructions, and other federal disclosure forms as requested. c) SUBRECIPIENT shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub- grants, and contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 12. Fiscal Control The SUBRECIPIENT shall be responsible for the internal control and monitoring of fiscal and programmatic/operational goals and procedures. The SUBRECIPIENT shall establish such fiscal controls and fund accounting procedures as required by Federal regulations, or as may be deemed necessary by HUD and CITY to ensure the proper 2020 Subrecipient Agreement Cathedral City CDBG Program disbursal of, and accounting for, funds paid to the SUBRECIPIENT under the CDBG PROGRAMS. a) Disbursement of Funds: CDBG FUNDS shall generally be disbursed by CITY to SUBRECIPIENT on a reimbursement for actual expenses basis. b) Deposit of Funds: SUBRECIPIENT shall maintain separate accounts within established bookkeeping systems for the deposit of CDBG FUNDS. All cash advances must be deposited in an interest-bearing account; any interest earned in excess of $100 per year (which may be retained for related administrative expenses) must be returned at least quarterly to the U.S. Department of Housing and Urban Development (HUD) via the CITY. Deposits in minority banks are encouraged. SUBRECIPIENT subject to 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards: 1) Shall deposit funds in an account requiring two signatures for disbursement and shall submit to CITY specimen signatures for all authorized signatories prior to receipt of funds; CITY agrees to pay SUBRECIPIENT progress payments at the time and in the manner set forth in the Schedule of Compensation, Exhibit B. Payment by CITY is not to be construed as final in the event HUD disallows reimbursement for the project or any portion thereof. Reasonable back-up documentation, as specified by CITY, shall be submitted by SUBRECIPIENT with request for payment. SUBRECIPIENT shall be liable for all amounts which are determined to be due by HUD including, but not limited to, disallowed cost which are the result of SUBRECIPIENT's or its contractor's conduct under this Agreement. SUBRECIPIENT shall be notified in writing and shall be permitted to respond regarding any controversy or proceeding between CITY and HUD arising from this Agreement. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. All financial transactions must be supported by complete and verifiable source documents. Records shall provide a clear audit trail and shall be maintained as specified in Section 17 of this Agreement. 13. Program Income Program Income is defined in Subpart J of 24 CFR Part 570.504 and is described as gross income received by SUBRECIPIENT and directly generated from the use of CDBG FUNDS. 2020 Subrecipient Agreement Cathedral City CDBG Program Program income includes, but is not limited to, the following: a) Proceeds from the disposition by sale or long-term lease of real property purchases or improved with CDBG FUNDS; b) Proceeds from the disposition of equipment purchased with CDBG FUNDS; c) Gross income from the use or rental of real or personal property acquired by SUBRECIPIENT with CDBG FUNDS, less costs incidental to generation of the income; d) Gross income from the use or rental of real property owned by the SUBRECIPIENT, that was constructed or improved with CDBG FUNDS, less costs of the non-CDBG portion. e) Payment of principal and interest on loans made using CDBG FUNDS except as provided in 24 CFR Part 570.500(a)(3); f) Proceeds from the sale of loans or obligations secured by loans made with CDBG FUNDS; g) Interest earned on program income pending its disposition; and h) Funds collected through special assessments made against properties owned and occupied by households not of low or moderate income where the assessments are used to recover all or part of the CDBG PROGRAMS portion of a public improvement. During the effective term of this Agreement, SUBRECIPIENT shall report all program income as defined in 24 CFR 570.500(a), generated by activities carried out with CDBG funds under this Agreement. All Program Income shall be paid to the CITY and shall be remitted to the CITY on a quarterly basis, when earned, and shall remit any and all income balances accrued by June 30 of this Program Year. Program income attributable to projects funded under this Agreement and on hand with SUBRECIPIENT when Agreement expires, is terminated with or without cause, or received after the Agreement expiration, shall be paid to CITY as required by 24 CFR Part 570.503(b)(8) when the SUBRECIPIENT ceases to be under continuous Agreement with CITY for the operation of CDBG PROGRAMS. As long as there is no break in the Agreement period, program income shall be governed by the provisions of Section 3. 14. Reversion of Assets Upon expiration of this Agreement, SUBRECIPIENT shall transfer to the CITY any CDBG FUNDS in SUBRECIPIENT's control at the time of expiration and any accounts receivable attributable to the use of CDBG FUNDS. Further, any real property under SUBRECIPIENT's control that was acquired and/or improved in whole or in part with CDBG 2020 Subrecipient Agreement Cathedral City CDBG Program FUNDS (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess of $25,000 shall be either: a. Used to meet one of the national objectives in 24 CFR Part 570.208 until five (5) years after expiration of this Agreement, the length of time to be further prescribed by mutual agreement of the parties and delineated in Section 33, of this Agreement. b. Disposed of in such manner that CITY is reimbursed in the amount of the fair market value of the property at the time of disposition of the property less any portion of the value attributable to expenditures of non-CDBG FUNDS for acquisition and/or improvement of such property. The payment is Program Income to the recipient. If SUBRECIPIENT is a private non-profit organization, SUBRECIPIENT further agrees to a voluntary lien on above-reference property as to any CDBG FUNDS received and that such lien will be notarized and recorded in the Office of the County Recorder, will utilized form specified by CITY, and will be subject to provisions listed in Section 33 of this Agreement. 15. Equipment Equipment, which shall be defined as tangible, nonexpendable, personal property having a useful life of more than one (1) year and an acquisition cost of $1,000 or more per unit, is eligible for purchase using CDBG FUNDS only upon prior approval of CITY and subject to 24 CFR Part 570.207(b)(1). Such equipment shall be used by SUBRECIPIENT in the project for which it was acquired as long as needed, regardless of whether such project continues to be supported by Federal funds; at the time, equipment may be used in other activities currently or previously supported by a Federal agency. Use of such equipment is also subject to provisions of 24 CFR Part 85.32(c)(2)(3) and (4). SUBRECIPIENT shall also be establish procedures for managing equipment, which meet the requirements of 24 CFR Part 85.32(d). Further, proceeds from disposition of such equipment shall be treated as program income as specified in Section 13 and 14 of this Agreement. 16. Records and Reports SUBRECIPIENT agrees to supply to CITY, on a minimum quarterly basis (or a more stringent period designated in Exhibit A — Scope of Services), any progress reports and/or other documentation as may be required by CITY to audit performance of this Agreement and/or to enable CITY to analyze and evaluate utilization of SUBRECIPIENT's program. SUBRECIPIENT shall maintain separate accounting and financial records for each funding (revenue) source in support of the project(s). a) Expenditure Summary and Payment Request (ESPR); SUBRECIPIENT shall submit ESPR supporting documents for a reimbursement to CITY's Community Development Department by the 10th of each month. The reimbursement request shall be provided on an official invoice with the supporting ESPR documents. An invoice shall include the total reimbursement amount, a description of services rendered, the period of services rendered, and invoice number. An invoice and 2020 Subrecipient Agreement Cathedral City CDBG Program ESPR's may be submitted no more often than once a month and no less often that once every three (3) months. An exception would only be in the event that no expenditures occurred, which shall be documented in the quarterly report. b) Progress Reports: Progress reports shall be made on a form substantially similar to Exhibit A — Scope of Services, Attachment 1 "Progress Report" and shall address project status and, if applicable, explanation of any problems/delays encountered and/or anticipated and measures to be taken to correct such problems; revised milestones including anticipated schedule for project completion; direct benefit statistics; and a summary of expenditures, obligations, program income, and drawdown to date. In addition, SUBRECIPIENT shall provide as part of the progress report any citizen comments received during the reporting period relative to the project(s), and responses to such comments, and additional project information, as needed. SUBRECIPIENT shall submit such report quarterly within thirty (10) days of the close of report period. c) Completion Report: SUBRECIPIENT shall prepare and submit to CITY a Completion Report within thirty (10) days of project completion. Said report shall consist of an overview and evaluation of the project, a comparison of milestones' progress, total costs incurred, listing of files, listing of personnel, and other reasonable information requested by CITY. The completion of the project or program shall consist of the fourth quarterly report, Attachment 1 "Progress Report" d) HUD/CITY Reports: SUBRECIPIENT shall submit to CITY in a timely manner other reports as requested/required CITY for HUD compliance including, but not limited to the Contractor/Subcontractor, EEO-4, and Minority Financial Institution Reports (if applicable), and provide, as requested by HUD and/or CITY, information necessary to prepare the Consolidated Plan, Final Statement of Community Development Objectives, Grantee Performance Report (GPR), and other such reports and/or plans. e) Audit: SUBRECIPIENT shall be responsible for conducting an annual audit of its CDBG PROGRAM in compliance with 2 CFR Part 200, which supersedes, consolidates, and streamlines requirements from eight OMB Circulars, including the Office of Management and Budget (OMB) Circular No. A-133 issued pursuant to the Single Audit Act of 1984 and the Single Audit Amendments of 1996, P.L. 98- 502, OMB Circular A-110, and 24 CFR Part 85, as applicable. A copy of said audit shall be forwarded to CITY upon completion. Any costs associated with the annual audit shall be the responsibility of and paid for by SUBRECIPIENT. 17. Agreement Responsibility for Monitoring and Records HUD, the Office of the Inspector General (OIG), and the designated representatives of CITY, and other appropriate officials shall have access to all personnel records, management information, and fiscal data of SUBRECIPIENT and any agency or contractor with whom SUBRECIPIENT executes a subcontract necessary to carry out any CDBG PROGRAM(s) for monitoring purposes (24 CFR 85.40(a) and 84.51-84.53). The 2020 Subrecipient Agreement Cathedral City CDBG Program SUBRECIPIENT shall respond in a timely manner to all identified corrective action needs as a result of HUD, County, or other monitoring. The SUBRECIPIENT shall submit to CITY all required reports and monitoring corrective action plans on a timely basis, as delineated by CITY. Records shall be maintained as follows: a) SUBRECIPIENT agrees to retain all pertinent records under CDBG PROGRAM, including financial records, until advised by CITY that further retention is unnecessary. Generally, records shall be retained for a period for five (5) years from the end of the fiscal year in which the last project covered by CITY's annual agreement with HUD is completed. Records shall be open and available for inspection by auditors and/or other staff assigned by HUD and/or CITY during the normal business hours of SUBRECIPIENT. If at the end of such five-year period, there is ongoing litigation, claims, negotiations, audit or other action involving SUBRECIPIENT's or the CITY's records, which has started before expiration of the five (5)year period, SUBRECIPIENT will retain the records until the completion of the action and resolution of all issues which arise from it (24 CFR 85.42 as modified by 570.502(a)(16), or 24 CFR 84.53(b) as modified by 570.502(b)(3)(ix)(A) and (B), as appropriate). b) Consistent with applicable state and local laws regarding privacy and obligations of confidentiality, the SUBRECIPIENT also must provide citizens with reasonable access to records on the past use of CDBG funds (24 CFR 570.508). c) Records for nonexpendable property shall be retained for a period of five (5) years after final disposition of the property, if applicable. 18. Inspection Rights SUBRECIPIENT agrees to allow CITY to inspect physical premises of any project(s) upon 24-hour advance notice. 19. Request for Technical Assistance SUBRECIPIENT shall refer to the Community Development Department any regulatory or procedural questions regarding operation of its CDBG PROGRAM. All formal requests for technical assistance shall be submitted in writing. Requests should specify the problem area, particular assistance being requested, and proposed solution if applicable. Informal questions regarding day-to-day program operation may be directed to the designated CITY representative. 20. Insurance Prior to commencing performance of the services required by this Agreement, and at all other times this Agreement remains in effect, the SUBRECIPIENT shall procure and maintain in full force and in effect all of the insurance required by Exhibit C attached hereto and by this reference incorporated herein. 2020 Subrecipient Agreement Cathedral City CDBG Program 21. Hold Harmless SUBRECIPIENT shall hold City and City's officers, employees, agents and volunteers harmless and free from any and all claims, liabilities or expenses, including attorney's fees, arising out of or relating to any negligent act, negligent omission, or other wrongful conduct related in any way to SUBRECIPIENT'S performance of its services pursuant to this Agreement. In the event City and/or any of City's officers, employees, agents or volunteers are named in any lawsuit, or should any claim be made against it or any of them by lawsuit or otherwise arising out of or relating to such negligent act, negligent omission or other wrongful conduct, SUBRECIPIENT shall indemnify them for any judgment rendered against them, any sums paid out in settlement or otherwise, and all costs incurred by them in their defense, including, but not limited to attorney's fees. SUBRECIPIENT also understands and agrees that it is being employed to perform the services provided for by this Agreement because of SUBRECIPIENT'S professed expertise and experience in performing the services provided for under this Agreement. In addition, the SUBRECIPIENT understands and agrees that while City and City's officer's agents, may elect to do so, they have no duty to review, inspect, or supervise the work performed by SUBRECIPIENT pursuant to this Agreement, except as otherwise expressly provided for by this Agreement. As a consequence, the SUBRECIPIENT waives any right of contribution against City or any of City's officers, employees, agents and volunteers arising out of such failure to inspect, review, monitor or supervise the work performed by SUBRECIPIENT pursuant to this Agreement. 22. Covenants and Conditions Each term and each provision of this agreement to be performed by SUBRECIPIENT shall be construed to be both a covenant and a condition. 23. Effect of Termination a) Termination of Agreement for Convenience: In accordance with 24 CFR Part 85.44, the Agreement may be terminated by either party after thirty (30) days written notice of intention to terminate, setting forth the reasons and the effective date of such termination, has been given to the other party, provided, however, that no notice of termination given by SUBRECIPIENT shall be effective unless HUD has agreed to release CITY from its obligations pursuant to the Program Activity(ies). Alternatively, the agreement will automatically terminate in the event that United States Government terminates the CDBG PROGRAMS or terminates the Program Activity(ies) which is the subject of the Agreement. b) Termination of Agreement for Cause: In accordance with 24 CFR Part 85.43, the parties hereto understand that pursuant to CITY's execution of the HUD application, CITY assumed responsibility as to the performance of the projects. If through any cause SUBRECIPIENT fails to fulfill in a timely and proper manner its obligations under this Agreement to undertake, conduct or perform the project(s) identified in this Agreement, or if SUBRECIPIENT violates any of the covenants, agreements, or stipulations of this Agreement, CITY shall thereupon have the right 2020 Subrecipient Agreement Cathedral City CDBG Program to terminate this Agreement by giving written notice of such termination and specifying the effective date thereof at least (5) days before the effective date of such termination. Notwithstanding the above, SUBRECIPIENT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any payments to SUBRECIPIENT for the purpose of set-off until such time as the exact amount of damages due CITY from SUBRECIPIENT is determined. SUBRECIPIENT hereby expressly waives any and all claims for damages for compensation arising under this Agreement except as set forth in this Section in the event of such termination. 24. Effect of Termination Upon termination, as stated in Section 3 or 23 of this Agreement, the CITY shall be liable to SUBRECIPIENT only for work done by SUBRECIPIENT up to and including the date of termination of this Agreement, unless the termination is for cause, in which event SUBRECIPIENT need be compensated only to the extent required by law. 25. Ownership of SUBRECIPIENT's Work Product CITY shall be the owner of any and all computations, plans, correspondence and/or other pertinent data and information gathered or prepared by SUBRECIPIENT in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY. 26. Taxpayer Identification Number SUBRECIPIENT shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, Form W-9 (Rev. 2007), as issued by the Internal Revenue Service. 27. Modification of Agreement Except as provided in Section 3, the tasks described in this Agreement and all other terms of this Agreement may be modified only upon mutual written consent of CITY and SUBRECIPIENT. 28. Use of the term "CITY" Reference to "CITY" in this Agreement includes CITY Manager, the designated CITY representative, or any authorized representative acting on behalf of CITY. 29. Notices All notices given, or required to be given, pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notice sent by mail shall be addressed to each party's designated representative as set forth above. When addressed in accordance 2020 Subrecipient Agreement Cathedral City CDBG Program with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section. 30. Permits and Licenses SUBRECIPIENT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 31. Waiver A waiver by the CITY of any breach of any term, covenant, or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement whether of the same or different character. 32. Governing Law The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of Riverside County. 33. Specific Conditions The SUBRECIPIENT agrees to the following specific conditions: a) CVRM may be required to work with CVAG and/or Path of Life Ministries (POLM) to accomplish the objectives of Cathedral City. b) Coordination with the Cathedral City Homeless Liaison Officers and Code Compliance Staff may be required. 34. Integrated Agreement This Agreement represents the entire Agreement between the CITY and the SUBRECIPIENT and all preliminary negotiations and agreements are deemed a part of this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 2020 Subrecipient Agreement Cathedral City CDBG Program In Witness Whereof, the parties have signed this agreement on the dates set forth below. Grantee Subrecipient CITY OF CATHEDRAL CITY COACHELLA VALLEY RESCUE MISSION (CVRM) �� C �,�� By: Lk Charles P. McClendon, City Manager Darla Burkett, Executive Officer ATTEST: .� / - Tracey R. r'.rtinez, MC City Clerk APPROVED AS TO-FORM: Eric S. Vail City Attorney 2020 Subrecipient Agreement Cathedral City CDBG Program 4 EXHIBIT A COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF CATHEDRAL CITY AND COACHELLA VALLEY RESCUE MISSION FOR CDBG-CV: ADDITIONAL SHOWER FACILITIES SCOPE OF SERVICES SUBRECIPIENT shall be responsible for administering the following eligible activities under the Community Development Block Grant(CDBG) Program and for the City of Cathedral City in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds: 1. The SUBRECIPIENT services shall be coordinated and carried out to include the following Services while adhering to the County of Riverside's guidelines for the prevention of COVID-19 (Coronavirus): a) Provide additional, onsite, shower facilities to homeless individuals and families to continue to meet facility capacity and level of service while maintaining social distancing requirements to prevent the spread of COVID-19 (Coronavirus). b) Provide the necessary personal hygiene items and towels for homeless individuals and families to utilize the additional shower facilities. c) Purchase and maintain necessary cleaning, disinfecting, and/or sanitizing supplies to deliver and provide services in a safe and healthy manner. d) Purchase and provide additional personal protective equipment (PPE) for both CVRM Staff and clients to prevent the spread of COVID-19 (Coronavirus). e) Continue to provide case management services to track individuals and families entering and exiting the facility. f) Assist at least 300 unduplicated clients/individuals during the contract period. 2. As part of the Services, the SUBRECIPIENT shall provide and deliver the following services to homeless individuals and families in a safe and effective manner to prevent the spread of COVID-19 (Coronavirus): a) Provide overnight emergency shelter, first-aid, meals, clothing, and related assistance for the enrollment to the Annex Emergency Services Program; b) Provide mental and behavior health services to individuals and families; 2020 Subrecipient Agreement Cathedral City CDBG Program c) Provide available and/or qualifying rapid rehouse, permanent housing, and Section 8 housing services; d) Provide transportation services to school, daycare and offsite appointments in a safe and healthy manner; e) Provide access to better nutrition, health evaluation, education, skill training, and counseling to rebuild lives to secure employment and permanent housing for independent living; and, f) Provide support and recovery groups and assistance such as Co-Dependents Anonymous (CODA), Alcoholics Anonymous (AA), Narcotics Anonymous (NA), Crystal Meth Anonymous (CMA), etc. 3. As part of the Services, the SUBRECIPIENT shall maintain records, case management and reporting information to include: a) Staffing: Competent, professional staff members will be provided to administer the program, all of whom are trained to work with a multi-ethnic population and deliver services in a non-discriminatory manner. Invaluable assistance is provided to participants, locating housing for them or referring them to and linking them with appropriate housing programs. b) Client Documentation: Subrecipient shall collect a variety of case management file information that include goals and timelines for each individual and/or family to achieve self-sufficiency. Case management information shall include demographics, ethnicity, statements of income, homeless status, and daily sign in sheets for rapid rehousing, permanent housing and Section 8 housing. c) Building/Facility Operations: Subrecipient shall keep records of program operational expenses for Section 1 in the Scope of Services. d) Transportation Services: Subrecipient shall track and maintain databases for any transportation to and from the shelters, transitional housing, rapid rehousing hospital in a safe and effective manner. e) Resource Services: Subrecipient shall track individuals and families linked directly to the resources available through the Emergency Services Program and other housing providers in the Riverside County Continuum of Care (CoC). f) Consumer Follow-Up: Subrecipient shall provide ongoing follow-up for consumers who exit the program in good standing to evaluate the program. g) Reporting: CDBG reporting and reimbursement will be specific to Cathedral City. Invoices submitted for reimbursement will include supporting documentation specific to the Cathedral City CDBG Program. 2020 Subrecipient Agreement Cathedral City CDBG Program 4. During performance of the Services, the SUBRECIPIENT shall keep the City appraised of the status of performance by delivering the following status reports: a) Quarterly accomplishment reports, July 1, 2020 through June 30, 2021. b) Quarterly direct benefit activity report, July 1, 2020 through June 30, 2021. 5. The tangible work status reports will be delivered to the City pursuant to the following schedule: a) Within 10 days of the end of the month, for quarterly reports. b) As agreed upon at the time of request. 6. The Subrecipient will utilize the following personnel and supplies to accomplish the Services and prevent the spread of COVID-19 (Coronavirus): a) CVRM Staff shall be equipped with the necessary PPE to address homeless emergencies and collaborate with partnering agencies. b) CVRM Staff shall utilize community shelters to provide individuals and families with transportation and beds during the Program. c) CVRM Staff shall work the Cathedral City Police Department (Homeless Liaison Officers) and Code Compliance Staff to accomplish the objectives for Cathedral City. 2020 Subrecipient Agreement Cathedral City CDBG Program EXHIBIT B Coachella Valley Rescue Mission for CDBG-CV: Additional Shower Facilities SCHEDULE OF COMPENSATION 1. AMOUNT OF COMPENSATION. For performing and completing all work and services described in Exhibit A, and for providing all materials required therefore, CITY shall pay SUBRECIPIENT the total amount of: NOT TO EXCEED: $103,000.00 The above total amount listed shall include all out—of—pocket expenses incurred by SUBRECIPIENT in the performance of such services. 2. BILLING. At the end of each quarter in which services are performed or expenses are incurred under this Agreement, and prior to the 10th day of the following month, SUBRECIPIENT shall submit an invoice to the CITY at the following address: City of Cathedral City CDBG Program 68700 Avenida Lalo Guerrero Cathedral City, CA 92234 The SUBRECIPIENT may also opt to submit billing on a monthly basis, accompanying the monthly report. In the event a monthly report is not submitted on a timely basis, the reimbursement a submitted invoice may be upheld until the SUBRECIPIENT complies with the terms stated in Section 16 of this Agreement. 3. METHOD OF PAYMENT. Payment to SUBRECIPIENT of the compensation specified in Section 1 of this Exhibit shall be made as follows: a) Subject to the maximum allowable compensation set forth in Section of this Exhibit, the CITY shall pay the SUBRECIPIENT, based on the submittal and approval of an invoice, on the basis determined by this Agreement during the term of this Agreement. b) Terms shall be pay immediately. 2020 Subrecipient Agreement Cathedral City CDBG Program EXHIBIT C Coachella Valley Rescue Mission for CDBG-CV: Additional Shower Facilities LIABILITY AND INSURANCE REQUIREMENTS 1. Types and Amounts of Insurance Coverage. Subrecipient shall provide the following types of insurance designated in this section by a check mark that includes coverage limits complying, at a minimum, with the limits set forth herein: Type of Insurance Limits (comb. single) Errors and omission $1,000,000 Commercial gen. liability $1,000,000 Business auto liability $1,000,000 Workers compensation Statutory Limit 2. Insurance Policy Forms and Provisions. The insurance policies provided by SUBRECIPIENT in compliance with the requirements of this Section shall conform to all of the following requirements regarding policy forms and provisions. a) Commercial Liability Insurance shall be provided on ISO-CGL Form No. CG 00 01 11 85 or 88. Aggregate limit endorsements shall be evidenced on either ISO Form No. CG 25 03 11 85 or ISO Form No. CG 25 04 11 85. City and all of City's officers, employees, agents and volunteers shall be named as additional insureds under such insurance coverage using the City's standard form endorsement or ISO Form No. CG 20 10 11 85 (in no event with an edition date later than 1990). Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any officer, employee, agent or volunteer of City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. There shall be no cross-liability exclusion and no contractor limitation endorsement. In addition, there shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices, except for a provision or endorsement limiting liability arising from pollution to liability caused by sudden or accidental pollution. Any umbrella liability insurance over primary insurance provided to meet primary limits shall apply to bodily injury, personal injury and property damage, at a minimum. Coverage shall be as broad as any required underlying primary coverage, and shall include a "drop down" provision providing primary coverage for liability not covered by primary policies but covered by the umbrella policy. Coverage shall be provided with defense costs payable in addition to policy limits. Coverage shall have starting and ending dates concurrent with the underlying coverages. 2020 Subrecipient Agreement Cathedral City CDBG Program I b) Errors and Omissions Insurance shall be provided covering liability for professional malpractice. Such coverage shall be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis, Subrecipient shall continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated (hereinafter the "extended insurance"). Such extended insurance shall have the same coverage and limits as the policy that was in effect during the term of this Agreement, and shall cover Subrecipient for all claims made by City arising out of any errors or omissions of Subrecipient, or the officers, employees or agents of Subrecipient during the time this Agreement was in effect. c) Business Auto Coverage shall be provided on ISO Business Auto Coverage Form No. CA 00 01 06 92 including symbol 1 (any auto). As in the case of general liability insurance requirement, City and all of City's officers, employees, agents and volunteers shall be named as additional insureds under such insurance coverage using City's Standard form endorsement or ISO Form No. CG 20 10 11 85 (in no event with an edition date later than 1990). The insurance policy providing such coverage shall be scheduled as underlying insurance to any umbrella policy required above meeting general liability insurance requirements. d) Workers' Compensation/Employer's Liability Coverage shall provide workers' compensation statutory benefits as required by law. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects to the City and City's officers, employees, agents and volunteers. Employer's liability coverage provided by such insurance shall be scheduled under any primary or umbrella policy described above to meet general liability insurance requirements. 3. Additional Insurance Requirements. SUBRECIPIENT agrees to comply with the following additional requirements with respect to the insurance provided pursuant to this Section: a) Unless otherwise approved by the City, Subrecipient's insurance shall be written by insurers authorized to do business in the State of California, and with a minimum "Best's" Insurance Guide rating of"A: VII." Self-insurance will not be considered to comply with these insurance specifications. b) Subrecipient shall provide evidence of the insurance required herein, satisfactory to City, consisting of certificate(s) of insurance (separate additional insured endorsement) evidencing all of the coverages required, copies of the insurance policies themselves or any portions thereof, and any required endorsements. Certificate(s) are to reflect that the insurer will provide 30 days' notice of any cancellation of coverage. Subrecipient shall 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, and to delete the word "endeavor" with regard to any notice provisions. c) Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver 2020 Subrecipient Agreement Cathedral City CDBG Program of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Coverage shall not be limited to the specific location, individual or entity designated as the address of the project or services provided for by this Agreement. d) Subrecipient shall ensure that coverage provided to meet these requirements is applicable separately to each insured, and that there will be no cross-liability exclusions that preclude coverage for suits between Subrecipient and City, between Subrecipient and any other named insureds or additional insureds under the insurance policy, or between City and any party associated with City or City's officers, employees, agents or volunteers. e) All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Subrecipient, and Subrecipient's employees or agents, from waiving the right of subrogation prior to a loss. By these presents, Subrecipient waives its right of subrogation against the City. f) Any failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any other additional insured in this or any other regard. g) In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary to meet the requirements of this Agreement, and any premium paid by City for such insurance will be promptly reimbursed by Subrecipient, or, if not promptly reimbursed, deducted from any compensation to be paid by City to Subrecipient pursuant to this Agreement. h) Subrecipient will 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. Such proof will be furnished at least 72 hours before expiration of coverage. i) Subrecipient shall require all subcontractors or other parties hired by Subrecipient to perform any part of the services required by this Agreement to purchase and maintain all of the insurance specified above and all such commercial general liability insurance and business automobile insurance shall name as additional insureds all parties to this Agreement. Subrecipient shall obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required herein. No contract used by any Subrecipient, or contracts Subrecipient enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Agreement. When requested, Subrecipient shall provide City will all agreements with subcontractors or others 2020 Subrecipient Agreement Cathedral City CDBG Program with whom Subrecipient contracts with on behalf of City, and with all certificates of insurance obtained in compliance with this Section. Failure of City to request copies of such documents will not impose any liability on City, or its employees. j) Subrecipient shall provide immediate notice to City of any claim against Subrecipient or any loss involving Subrecipient that could result in City or any of City's officers, employees, agents or volunteers being named as a defendant in any litigation arising out of such claim or loss. City shall not incur any obligation or liability by reason of the receipt of such notice. However, City shall have the right, but not the duty, to monitor the handling of any such claim or loss that is likely to involve City. k) In the event of any loss that is not insured due to the failure of Subrecipient to comply with these requirements, Subrecipient will be personally responsible for any and all losses, claims, suits, damages, defense obligations and liability of any kind attributed to City, or City's officers, employees, agents or volunteers as a result of such failure. 2020 Subrecipient Agreement Cathedral City CDBG Program AC RII CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/13/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sanae Martin NAME: Desert Cornerstone Insurance Service,Inc. (AJCO,HNo,Ext): (760)347-7723 FAX No): (760)347-7725 CA License#0F15709 E-MAIL sanae@desertcornerstoneins.com ADDRESS: 81713 Hwy 111, Ste E INSURER(S)AFFORDING COVERAGE NAIC# Indio CA 92201INSURERA: Technology Insurance Co. 42376 INSUREDINSURER B: Wesco Insurance Co. 25011 Coachella Valley Rescue Mission,DBA:CVRMINSURER C: Ins Company of the West 27847 INSURER D: P.O.BOX 10660 INSURER E: Indio CA 92202-2564 INSURER F: COVERAGES CERTIFICATE NUMBER: 2020GLALEXWC 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. INSRLTRNSD TYPE OF INSURANCE IAWVD POLICY NUMBER DDL SUBR POLICY EFF POLICY EXP LIMITS (MMlDDIYYYY) (MMIDDlYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE REN CLAIMS-MADE X OCCUR PREM SESO(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 A Y Y TPP1064878 03 02/13/2020 02/13/2021 PERSONAL BADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 JEa LOC PRODUCTS-COMP/OPAGG $ 3,000,000 X POLICY OTHER: Professional Liability $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y Y TPP1064878 03 02/13/2020 02/13/2021 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY X AUTOS ONLY (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 B EXCESS LIAB W CLAIMS-MADE UM1525553 03 02/13/2020 02/13/2021 AGGREGATE $ 3,000,000 DED RETENTION $ $ WORKERS COMPENSATION X STATUTE EORH AND EMPLOYERS'LIABILITY Y/N 1 C ANY PROPRIETOR/PARTNER/EXECUTIVE NIA Y WSD504196402 07/01/2020 07/01/2021 ,E.L.EACH ACCIDENT $ , , OFFICER/MEMBER EXCLUDED. (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Cathedral City CGBG Program-City and all of City's officers,employees,agents and volunteers are named as additional insureds as respect to General Liability and Auto Liability per attached. Coverage is a primary non-contributing basis as respect to General Liability per attached. Waiver of subrogation applies as respect to General Liability,Auto Liability and Workers Compensation per attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Cathedral City ACCORDANCE WITH THE POLICY PROVISIONS. 68700 Avenida Lab Guerrero AUTHORIZED REPRESENTATIVE f/ � /))) Cathedral City CA 92234 / 4t l(4 ) I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: TPP1064878 03 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization required to be named as an Additional Insured in a written contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury' required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; 1. Required by the contract or agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the Declarations. insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 I Policy Number: TPP1064878-03 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. 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 I CG 20 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY GENERAL LIABILITY ENHANCEMENT: NONPROFIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page# Extended Property Damage Included 2 Limited Rental Lease Agreement Contractual Liability $100,000 limit 2 Non-Owned Watercraft Less than 58 feet 2 Damage to Property You Own, Rent, or Occupy $50,000 limit 2 Damage to Premises Rented to You $1,000,000 2 HI PAA Clarification 3 Medical Payments $20,000 4 Medical Payments— Extended Reporting Period 3 years 4 Athletic Activities Amended 4 Supplementary Payments—Bail Bonds $10,000 4 Supplementary Payment— Loss of Earnings $1,500 per day 4 Employee Indemnification Defense Coverage $25,000 4 Key and Lock Replacement—Janitorial Services Client Coverage $20,000 limit 4 Additional Insured— Newly Acquired Time Period Amended 5 Additional Insured —Medical Directors and Administrators Included 5 Additional Insured—Managers and Supervisors (with Fellow Included 5 Employee Coverage) Additional Insured— Broadened Named Insured Included 5 Additional Insured— Funding Source Included 6 Additional Insured—Home Care Providers Included 6 Additional Insured —Managers, Landlords, or Lessors of Premises Included 6 Additional Insured —Lessor of Leased Equipment Included 6 Additional Insured —Grantors of Permits Included 6 Additional Insured—Vendor Included 6 Additional Insured—Franchisor Included 7 Additional Insured —As Required by Contract Included 7 Additional Insured —Owners, Lessees, or Contractors Included 7 Additional Insured—State or Political Subdivisions Included 7 Additional Insured—Trustees, Officials, Members of the Board of Included 8 Governors, Rabbi, Clergymen or Deacons Duties in the Event of Occurrence, Claim or Suit Included 8 GL990252 0717 Includes Copyrighted Material of the Insurance Services Office, Inc. Page 1 of 9 Used with permission Unintentional Failure to Disclose Hazards Included 8 Transfer of Rights of Recovery Against Others To Us Clarification 8 Liberalization Included 8 Bodily Injury—includes Mental Anguish Included 8 Personal and Advertising Injury—includes Abuse of Process, Included 9 Discrimination Aggregate Limit Per Location Included 9 A. Extended Property Damage Section I—Coverages,Coverage A Bodily Injury and Property Damage Liability, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury" or property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. B. Limited Rental Lease Agreement Contractual Liability Section I—Coverages,Coverage A Bodily Injury and Property Damage Liability, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following: (3) Based on the named insured's request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $100,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client. C. Non-Owned Watercraft Section I—Coverages, Coverage A Bodily Injury and Property Damage Liability, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. D. Damage to Property You Own, Rent or Occupy Section I—Coverages, Coverage A Bodily Injury and Property Damage Liability, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity,for repair, replacement,enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property, unless the damage to property is caused by your client, up to a $50,000 limit. A client is defined as a person under your direct care and supervision. E. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word "fire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protective systems" where it appears in: a. The last paragraph of Section I — Coverages, Coverage A Bodily Injury and Property Damage Liability, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following: GL990252 0717 Includes Copyrighted Material of the Insurance Services Office, Inc. Page 2 of 9 Used with permission Exclusions c.through n.do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III—Limits of Insurance. b. Section III—Limits of Insurance, Paragraph 6. is deleted in its entirety and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to anyone premises,while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. Section V—Definitions, Paragraph 9.a., is deleted in its entirety and replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. Section IV — Commercial General Liability Conditions, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1) (a) (ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner; 3. The Damage To Premises Rented To You Limit Section of the Declarations is amended to the greater of: a) $1,000,000; or b) The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. F. HIPAA Section I—Coverages, Coverage A Bodily Injury and Property Damage Liability, is amended as follows: 1. Paragraph 1. Insuring Agreement is amended to include the following: We will pay those sums that the insured becomes legally obligated to pay as damages because of a "violation(s)" of the Health Insurance Portability and Accountability Act (HIPAA). We have the right and the duty to defend the insured against any "suit," "investigation," or "civil proceeding" seeking these damages. However, we will have no duty to defend the insured against any "suit" seeking damages, "investigation,"or"civil proceeding"to which this insurance does not apply. 2. Paragraph 2. Exclusions is amended to include the following additional exclusions: This insurance does not apply to: a) Intentional,Willful, or Deliberate Violations Any willful, intentional, or deliberate "violation(s)" by any insured. b) Criminal Acts Any"violation"which results in any criminal penalties under the HIPAA. c) Other Remedies Any remedy other than monetary damages for penalties assessed. d) Compliance Reviews or Audits Any compliance reviews by the Department of Health and Human Services. GL990252 0717 Includes Copyrighted Material of the Insurance Services Office, Inc. Page 3 of 9 Used with permission 3. Section V—Definitions is amended to include the following additional definitions: a. "Civil proceeding" means an action by the Department of Health and Human Services (HHS)arising out of"violations." b. "Investigation" means an examination of an actual or alleged "violation(s)" by HHS. However, "investigation" does not include a Compliance Review. c. "Violation" means the actual or alleged failure to comply with the regulations included in the HIPAA. G. Medical Payments—Limit Increased to $20,000, Extended Reporting Period If Coverage C—Medical Payments is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of Section III—Limits of Insurance to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part 2. Section I—Coverage, Coverage C Medical Payments, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following: b) The expenses are incurred and reported to us within three years of the date of the Accident. H. Athletic Activities Section I — Coverage, Coverage C Medical Payments, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. I. Supplementary Payments Section I—Coverages, Supplementary Payments—Coverage A and B are amended as follows: 1.b. is deleted in its entirety and replaced by the following: 1. b. Up to $10,000 for cost of bail bonds required because of accidents or traffic law Violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to $1,500 a day because of time off from work. J. Employee Indemnification Defense Coverage Section I—Coverages, Supplementary Payments—Coverage A and B the following is added: We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding occurring in the course of employment. The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of "employees," claims or "suits" brought or persons or organizations making claims or bringing "suits. K. Key and Lock Replacement—Janitorial Services Client Coverage Section I—Coverages, Supplementary Payments—Coverage A and B is amended to include the following: We will pay for the cost to replace keys and locks at the"clients" premises due to theft or other loss to keys entrusted to you by your"client," up to a $10,000 limit per occurrence and $20,000 policy aggregate. GL990252 0717 Includes Copyrighted Material of the Insurance Services Office, Inc. Page 4 of 9 Used with permission We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners,members,officers,"employees", "managers",directors,trustees, authorized representatives or anyone to whom you entrust the keys of a "client" for any purpose commit, whether acting alone or in collusion with other persons. The following, when used on this coverage, are defined as follows: a. "Client" means an individual, company or organization with whom you have a written contractor work order for your services for a described premises and have billed for your services. b. "Employee" means: (1) Any natural person: (a) While in your service or for 30 days after termination of service; (b) Who you compensate directly by salary, wages or commissions; and (c) Who you have the right to direct and control while performing services for you; or (2) Any natural person who is furnished temporarily to you: (a) To substitute for a permanent "employee" as defined in Paragraph (1) above, who is on leave; or (b) To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. (3) "Employee"does not mean: (a) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character; or (b) Any"manager," director or trustee except while performing acts coming within the scope of the usual duties of an "employee." c. "Manager"means a person serving in a directorial capacity for a limited liability company. L. Additional Insureds Section Il—Who Is An Insured is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a. is deleted in it's entirely and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Medical Directors and Administrators — Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. b. Managers and Supervisors—Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your"employees" are also insureds for"bodily injury" to a co- "employee"while in the course of his or her employment by you or performing duties related to the conduct of your business. This provision does not change Item 2.a. (1) (a) of form CG 00 01 as it applies to managers of a limited liability company. c. Broadened Named Insured —Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. 4 GL990252 0717 Includes Copyrighted Material of the Insurance Services Office, Inc. Page 5 of 9 Used with permission d. Funding Source—Any person or organization with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers — At the first Named Insured's option, any person or organization under your direct supervision and control while providing for your private home respite or foster home care for the developmentally disabled. f. Managers, Landlords, or Lessors of Premises — Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: (1) Any"occurrence"which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. g. Lessor of Leased Equipment—Automatic Status When Required in Lease Agreement With You— Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury," "property damage" or"personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence"which takes place after the equipment lease expires. h. Grantors of Permits —Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors—Only with respect to "bodily injury" or"property damage" arising out of"your products"which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you: (c) Any physical or chemical change in the product made intentionally by the vendor; GL990252 0717 Includes Copyrighted Material of the Insurance Services Office, Inc. Page 6 of 9 Used with permission (d) Repackaging,except when unpacked solely for the purpose of inspection, demonstration,testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exception contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. j. Franchisor—Any person or organization with respect to their liability as the grantor of a franchise to you. k. As Required by Contract —Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for"bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations I. Owners, Lessees or Contractors — Any person or organization, but only with respect to liability for "bodily injury,""property damage"or"personal and advertising injury"caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. m. State or Political Subdivisions—Any state or political subdivision as required, subject to the following provisions: (1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. (2) This insurance does not apply to: GL990252 0717 Includes Copyrighted Material of the Insurance Services Office, Inc. Page 7 of 9 Used with permission (a) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) Bodily injury"or"property damage" included within the"products-completed operations hazard." n. Your trustees, officials, members of the board of governors, Rabbi, Clergymen or Deacons but only with respect to their duties as such. M. Duties in the Event of Occurrence, Claim or Suit Section IV—Commercial General Liability Conditions, Paragraph 2. Is amended as follows: a. is amended to include: This condition applies only when the"occurrence" or offense is known to: (1) You, if you are an individual (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. b. is amended to include: This condition will not be considered breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership: or (3) An executive officer or insurance manager, if you are a corporation. N. Unintentional Failure To Disclose Hazards Section IV — Commercial General Liability Conditions, 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. O. Transfer of Rights of Recovery Against Others To Us Section IV—Commercial General Liability Conditions, 8. Transfer of Rights of Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit"or transfer those rights to us and helps us enforce them. Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of loss, provided the waiver is made in a written contract. P. Liberalization Section IV—Commercial General Liability Conditions, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. Q. Bodily Injury—Mental Anguish Section V— Definitions, Paragraph 3. Is deleted in its entirety and replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time GL990252 0717 Includes Copyrighted Material of the Insurance Services Office, Inc. Page 8 of 9 Used with permission R. Personal and Advertising Injury—Abuse of Process, Discrimination If Coverage B Personal and Advertising Injury Liability Coverage is not otherwise excluded from this Coverage Part, the definition of"personal and advertising injury" is amended as follows: 1. Section V—Definitions, Paragraph 14.b. is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process: 2. Section V— Definitions, Paragraph 14. is amended by adding the following: Discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. S. Aggregate Limit Per Location Section III—Limits of Insurance and Section V—Definitions 1. Under Section III — Limits of Insurance, the General Aggregate Limit applies separately to each of your "locations"owned by or rented to you. 2. Under Section V—Definitions, the following definition is added as follows: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. GL990252 0717 Includes Copyrighted Material of the Insurance Services Office, Inc. Page 9 of 9 Used with permission POLICY NUMBER: TPP1064878 03 COMMERCIAL AUTO CA990187 0715 This Endorsement Changes The Policy. Please Read It Carefully BUSINESS AUTO COVERAGE EXPANSION ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the COVERAGE FORM apply unless modified by the endorsement. A. Newly Acquired or Formed e. An "employee" of yours is an "insured" Organizations, Employee Hired Car while operating an "auto" hired or rented Liability and Blanket Additional Insured under a contract or agreement in that Status for Certain Entities. "employee's" name, with your Item 1. Who is an Insured of Paragraph A. permission, while performing duties Coverage under SECTION II—COVERED related to the conduct of your business. AUTOS LIABILITY COVERAGE is f. Any person or organization you are amended to add: required by written contract or d. Any organization you newly acquire or agreement to name as an additional form, other than a partnership,joint "insured", but only with respect to venture or limited liability company, and liability created in whole or in part by over which you maintain ownership of a such agreement. majority interest(greater than 50%), will B. Increase Of Loss Earnings Payment qualify as a Named Insured; however, Subpart(4)of a. Supplementary Payments (1) coverage under this provision is of Item 2. Coverage Extensions of afforded only until the 180th day Paragraph A. Coverage under SECTION II after you acquire or form the —COVERED AUTOS LIABILITY organization or the end of the policy COVERAGE is amended to read: period, whichever is earlier; (4) We will pay reasonable expenses (2) coverage does not apply to "bodily incurred by the"insured" at our injury", "property damage"or request, including actual loss of "covered pollution cost or expense" earnings up to $1,000 per day that results from an "accident"which because of time off from work. occurred before you acquired or C. Fellow Employee Injured By Covered formed the organization; and Auto You Own Or Hire (3) coverage does not apply if there is Item 5. Fellow Employee of Paragraph B. other similar insurance available to Exclusions under SECTION Il —COVERED that organization, or if similar AUTOS LIABILITY COVERAGE is insurance would have been amended to add: available but for its termination or the exhaustion of its limits of This exclusion does not apply if the"bodily insurance. injury" results from the use of a covered "auto"you own or hire. Such coverage as This insurance does not apply if is afforded by this provision is excess over coverage for the newly acquired or any other collectible insurance. formed organization is excluded either by the provisions of this coverage form or by endorsement. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 5 Used with permission D. Limited Automatic Towing Coverage G. "Personal Effects" Coverage Item 2. Towing, of Paragraph A. Coverage, Item 4. Coverage Extensions of Paragraph under SECTION III—PHYSICAL DAMAGE A. Coverage, under SECTION III - COVERAGE is amended to read: PHYSICAL DAMAGE COVERAGE, is amended to add: 2. Towing "Personal Effects" Coverage We will pay for towing and labor costs each time that a covered "auto" is We will pay actual cash value for"loss"to disabled. All labor must be performed at "personal effects"of the"insured"while in the place of disablement of the covered a covered "auto"subject to a maximum "auto". limit of$2,500 per"loss", for that covered "auto" caused by the same"accident". No a. The limit for towing and labor for deductible will apply to this coverage. each disablement is $500; H. "Downtime Loss" Coverage b. No deductible applies to this cover- age. Item 4. Coverage Extensions, of e— HittingA Bird Paragraph A. Coverage, under SECTION E. Item 3. Glass Breakage III. PHYSICAL DAMAGE COVERAGE, is Or Animal—Falling Objects or Missiles of amended to add: Paragraph A. Coverage under SECTION III —PHYSICAL DAMAGE COVERAGE, is "Downtime Loss" Coverage amended to add: We will pay any resulting "downtime loss" Glass Repair Coverage expenses you sustain as a result of a covered physical damage "loss"to a We will waive the Comprehensive covered "auto" up to a maximum of$100 deductible for Glass, if one is indicated on per day, for a maximum of 30 days for the your covered "auto", for glass repairs. We same physical damage "loss", subject to will repair at no cost to you, any glass that the following conditions: can be repaired without replacement, provided the "loss" arises from a covered a. We will provide"downtime loss" beginning Comprehensive "loss"to your"auto". on the 5 day after we have given you Expense our agreement to pay for repairs to a F. Increase Of Transportation p covered "auto"and you have given the Coverage repair facility your authorization to make Subpart a.Transportation Expenses of repairs; Item 4. Coverage Extensions of Paragraph b. Coverage for"downtime loss" expenses A. Coverage under SECTION III— will end when any of the following occur: PHYSICAL DAMAGE COVERAGE is amended to read: (1) You have a spare or reserve"auto" available to you to continue your a. Transportation Expenses operations. We will pay up to$50 per day to a (2) You purchase a replacement"auto". maximum of$1,000 for temporary transportation expense incurred by you (3) Repairs to your covered "auto" have because of the total theft of a covered been completed by the repair facility "auto" of the private passenger type. and they determine the covered We will pay only for those covered "auto" is road worthy. "autos"for which you carry either (4) You reach the 30 day maximum Comprehensive or Specified Causes of coverage. Loss Coverage or Theft Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered"auto" is returned to use or we pay for its"loss". CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 2 of 5 Used with permission I. Item 4. Coverage Extensions, of d. Contraband or property in the course Paragraph A. Coverage, under SECTION of illegal transportation or trade. III. PHYSICAL DAMAGE COVERAGE, is e. "Loss" caused by theft, unless there is amended to add: evidence of forced entry into the We will pay any resulting rental covered "auto" and a police report is reimbursement expenses incurred by you for filed. a rental of an "auto" because of"loss"to a K. Accidental Airbag Discharge Coverage covered "auto" up to a maximum of$100 per day, for a maximum of 30 days for the same Item 3.a. of Paragraph B. Exclusions under physical damage "loss", subject to the SECTION III—PHYSICAL DAMAGE following conditions: COVERAGE is amended to read: a. We will provide rental reimbursement a. Wear and tear, freezing, mechanical incurred during the policy period or electrical breakdown. The beginning 24 hours after the"loss" and exclusion relating to mechanical ending, regardless of the policy break-down does not apply to the expiration, with the number of days accidental discharge of an air bag. reasonably required to repair or replace L. Loan or Lease Gap Coverage the covered "auto". If the "loss" is Paragraph C. Limit Of Insurance under caused by theft, this number of days is SECTION III—PHYSICAL DAMAGE the number of days it takes to locate the COVERAGE is amended to add: covered "auto"and return it to you or the number of days it takes for the claim to If a covered "auto" is owned or leased and be settled, whichever comes first. if we provide Physical Damage Coverage b. Our payment is limited to necessary and on it, we will pay, in the event of a covered total "loss", any unpaid amount due on the actual expenses incurred. lease or loan for a covered "auto", less: c. This coverage does not apply while a. The amount paid under the Physical there are spare or reserve "autos" Damage Coverage Section of the available to you for your operations. policy; and d. If a "loss" results from the total theft of a b. Any: covered "auto"of the private passenger type, we will pay under this coverage (1) Overdue lease or loan only that amount of your rental payments including penalties, reimbursement expenses which is not interest or other charges already provided for under the Physical resulting from overdue Damage Coverage Extension. payments at the time of the J. "Personal Effects" Exclusion "loss"; (2) Financial penalties imposed Paragraph B. Exclusions under SECTION under a lease for excessive use, III—PHYSICAL DAMAGE COVERAGE, is abnormal wear and tear or high amended to add: mileage; "Personal Effects" Exclusion (3) Costs for extended warranties, We will not pay for"loss"to "personal Credit Life Insurance, Health, effects"of any of the following: Accident or Disability Insurance a. Accounts, bills, currency, deeds, purchased with the loan or evidence of debt, money, notes, lease; securities or commercial paper or (4) Security deposits not refunded other documents of value. by the lessor; and b. Bullion, gold, silver, platinum, or other (5) Carry-over balances from precious alloys or metals; furs or fur previous loans or leases garments;jewelry; watches; precious or semi-precious stones. c. Paintings, statuary and other works of art. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 3 of 5 Used with permission M. Aggregate Deductible (3) An "executive officer"or director, if Paragraph D. Deductible under SECTION you are a corporation; III— PHYSICAL DAMAGE COVERAGE is (4) A manager or member, if you are a amended to add: limited liability company; Regardless of the number of covered (5) Your insurance manager; or "autos" involved in the same "loss", only (6) Your legal representative. one deductible will apply to that"loss". If the deductible amounts vary by"autos", P. Waiver Of Subrogation For Auto Liability then only the highest applicable deductible Losses Assumed Under Insured Contract will apply to that"loss". Item 5. Transfer Of Rights Of Recovery N. Diminishing Deductible Against Others To Us of Paragraph A. Loss Conditions under SECTION IV— Paragraph D. Deductible under SECTION BUSINESS AUTO CONDITIONS is III— PHYSICAL DAMAGE COVERAGE is amended to read: amended to add: 5. Transfer of Rights of Recovery Any deductible will be reduced by the Against Others To Us percentage indicated below on the first "loss" reported during the corresponding If any person or organization to or for policy period: whom we make payments under this Coverage Form has rights to recover damages from another, those rights are Loss Free Policy Periods Deductible transferred to us. That person or With the Expansion Reduction on the organization must do everything Endorsement first"loss" necessary to secure our rights and must 1 0% do nothing after an "accident"or"loss" 2 25% to impair them. However, if the insured has waived those rights to recover 3 50% through a written contract, we will waive 4 75% any right to recovery we may have 5 100% under this Coverage Form. If we pay a Physical Damage"loss" during Q. Insurance is Primary and the policy period under any BUSINESS Noncontributory AUTO COVERAGE FORM you have with Subpart a. of Item 5. Other Insurance of us, your deductible stated in the Paragraph B. General Conditions under Declarations page of each such SECTION IV—BUSINESS AUTO COVERAGE FORM will not be reduced on CONDITIONS is amended to read: any subsequent claims during the remainder of your policy period and your deductible a. This insurance is primary and reduction will revert back to 0%for each noncontributory, as respects any other such COVERAGE FORM if coverage is insurance, if required in a written renewed. contract with you. O. Knowledge of Loss and Notice To Us R. Other Insurance—Hired Auto Physical Damage Subsection a. of Item 2. Duties In the Event Subpart b. of Item S..Other Insurance of of Accident, Claim, Suit or Loss of Paragraph B. General Conditions under Paragraph A. Loss Conditions under SECTION IV—BUSINESS AUTO SECTION IV-- BUSINESS AUTO CONDITIONS is amended to read: CONDITIONS is amended to add: However, prompt notice of the"accident", b. For Hired Auto Physical Damage claim, "suit"or"loss"to us or our Coverage, the following are deemed authorized representative only applies to be covered "autos" you own: after the "accident", claim, "suit" or"loss" is (1) Any covered "auto" you lease, known to: hire, rent or borrow; and (1) You, if you are an individual; (2) A partner, if you are a partnership; CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 4 of 5 Used with permission (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". S. Unintentional Failure To Disclose Hazards Paragraph B. General Conditions under SECTION IV—BUSINESS AUTO CONDI- TIONS is amended to add: 9. Your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy, provided that such failure to disclose all hazards is not intentional. However, you must report such previously undisclosed hazards to us as soon as practicable after its discovery. T. Additional Definition SECTION V—DEFINITIONS is amended to add: "Personal effects" means personal property owned by the"insured". "Downtime loss" means actual loss of "business income"for the period of time that a covered "auto": 1. Is out of service for repair or replacement as a result of a covered physical damage "loss"and 2. Is in the custody of a repair facility if not a total "loss". "Business Income" means: 1. Net Income (Net Profit or Loss before income taxes)that would have been earned or incurred; and 2. Continuing normal operating expenses incurred, including payroll. In this endorsement, Headings and Titles are inserted solely for the convenience and ease of reference. They do not affect the coverage provided by this endorsement, nor do they constitute any part of the terms and conditions of this endorsement. All other policy wording not specifically changed, modified, or replaced by this endorsement wording remains in effect. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 5 of 5 Used with permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 2% of the total California Workers' Compensation premium otherwise due. Schedule Person or Organization Job Description ANY PERSON OR RE: ALL CALIFORNIA OPERATIONS ORGANIZATION WHEN REQUIRED BY WRITTEN CONTRACT Policy Number: WSD 5041964 02 Insured: Coachella Valley Rescue Mission Endorsement Effective: 7/01/2020 Coverage Provided by: Insurance Company of the West Issue Date: 6/30/20 Countersigned by: WC 99 06 34 (Ed. 8-00) IICVRM Coachella Valley Rescue Mission October 19, 2020 Cathedral City Vincent Lopez 68700 Avenida Lalo Guerrero Cathedral City, CA 92234 Vincent Lopez, Subject F& 2020-2021 CDBG Sub Recipient Agreement Enclose please find an original CDBG sub recipient agreement for Coachella Valley Rescue Mission (CVRM). The original has been signed and I have included the requested insurance certificate as requested. Let me know if you have any questions. Respectfull , / / /7Z,Z.- Kimberl McKinney Grant Administrator 760-347-3512 x 248 kmckinney@cvrm.orq 760 347 3512 office\760 347 8073 fax\info@cvrm.org\www.cvrm.org 47-470 Van Buren- P.O. Box 10660\Indio, CA 92202-2564