The URL can be used to link to this page

Home My WebLink AboutVOLUNTEERS OF AMERICA LOS ANGELES (RAPID REHOUSING) INSURANCE ON FILE WORK MAY PROCEED UNTIL+NSU*A[01Lvif 3 A-2025-123-05 CITY CLERK '1 r]TF AUG Z EMERGENCY SOLUTIONS GRANT ve� Dz) SUBRECIPIENT AGREEMENT BETWEEN r2�cf,a� co a c` THE CITY OF SANTA ANA Pj a� AND VOLUNTEERS OF AMERICA OF LOS ANGELIS (24 CFR Parts 91 and 576) THIS GRANT AGREEMENT, is hereby made and entered into this, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California, herein called the "CITY", and Volunteers of America of Los Angeles, a California nonprofit organization, herein called the "SUBRECIPIENT". RECITALS: 1. The CITY is the recipient of Emergency Solutions Grant ("ESG") funds from the United States Department of Housing and Urban Development("HUD"), pursuant to subtitle B of title IV of the McKinney-Vento Homeless Assistance Act[42 U.S.C. 11371-11378], for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential services related to emergency shelters and street outreach for the homeless, and for homelessness prevention and rapid re-housing assistance. Catalogue of Federal Domestic Assistance ("CFDA") 14.231 and Federal Award Identification Number(FAIN) E-25-MC-06- 0508. 2. The CITY has approved the provision of federal funds under the ESG to be used in the operation of an emergency solutions program ("program") for the homeless or at-risk of homelessness of the City of Santa Ana as further described by Exhibit A, Scope of Work, attached hereto and by this reference incorporated herein. 3. The SUBRECIPIENT represents that it has the requisite qualifications, expertise, and experience in the provision of emergency solutions programs for the homeless or at-risk of homelessness and is willing to use said federal funds to operate said program. 4. The SUBRECIPIENT agrees to assist individuals and families that are homeless or at risk of homelessness in obtaining appropriate supportive services including, but not limited to: temporary and permanent housing, relocation and stabilization services, rapid re-housing assistance, medical and mental health treatment, counseling supervision, and other services essential for achieving independent living. 5. The SUBRECIPIENT has agreed to be reimbursed for the above services in an amount not to exceed $57,000.00 in grant funding for Shelter, Outreach Services, Rapid Re-Housing or Homeless Prevention. 6. This AGREEMENT is contingent upon the award of Emergency Solutions Grant funds from the United States Department of Housing and Urban Development. 7. The CITY and the SUBRECIPIENT have duly executed this AGREEMENT for the expenditure and utilization of said funds. NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this AGREEMENT and the following terms and conditions are approved and together with all exhibits and attaclunents hereto, shall constitute the entire AGREEMENT between the CITY and the SUBRECIPIENT: Pagel of 23 I. SCOPE OF PROGRAM A. General Administration The SUBRECIPIENT agrees to implement this activity as set forth in detail in Exhibit A, Scope of Work, which shall provide,a description of each activity, including the services to be performed, the person or entity providing the service, the estimated number of recipients of the service,and the manner and means of the services. B. Levels of Accomplishment--Goals and Performance Measures The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in Exhibit A and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. C. Staffing The SUBRECIPIENT shall ensure adequate and appropriate staffing is allocated to each ESG activity. Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties, II. TERM OF AGREEMENT This AGREEMENT shall take effect on July 1, 2025, and shall terminate on June 30, 2026, unless otherwise cancelled or modified according to the terms of this AGREEMENT. III. DISBURSEMENT AND FUNDS The City was allocated $377,331.00 in Emergency Solutions Grant funds under the McKinney- Vento Homeless Assistance Act for fiscal year 2025-2026 from the Department of Housing and Urban Development. CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal finds are received under provisions of the Act a sum not to exceed $57,000.00 for SUBRECIPIENT'S performance in accordance with the Budget attached hereto as "Exhibit B" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by SUBRECIPIENT as provided hereinabove. A. Amount and Expenditure End Date The CITY agrees to reimburse the SUBRECIPIENT a maximum amount not to exceed $57,000.00 from Emergency Solutions Grant (ESG) funds, as outlined in Exhibit B, Final Budget, and such funds shall be expended by the SUBRECIPIENT on or before June 30, 2026. SUBRECIPIENT has the ability to adjust line item amounts in the Budget with the written approval of the CITY's Executive Director of the Community Development Agency, so long as the total Budget amount does not increase. B. Invoicing Procedures The SUBRECIPIENT shall submit quarterly invoices (on or before the 15' day of October, January, April, and July) in a form prescribed by the CITY, detailing such expenses. Such schedule may be modified with the approval of the CITY. Page 2 of 23 C. Payment Payment is subject to the receipt and approval of such invoices and quarterly activity reports, as hereinafter more fully set forth below under Reporting,with the final payment subject to the satisfaction of the condition precedent of submittal of complete invoicing and reporting information due on or before July 15 of the applicable funding year. The CITY shall pay such invoices within thirty (30) days after receipt thereof, provided the CITY is satisfied that such expenses have been incurred within the scope of this AGREEMENT and that the SUBRECIPIENT is in compliance with the terms and conditions of this AGREEMENT, The thirty (30) day period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty-day timeline once the remaining required elements have been submitted. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. D. Use of Funds The SUBRECIPIENT agrees to use said funds pursuant to this AGREEMENT to pay for necessary and reasonable costs allowable under federal law and regulations to operate said program only. Said amounts shall include and will be Iimited to, street outreach, emergency shelter, homelessness prevention,rapid re-housing assistance, housing relocation and stabilization services, short-term and medium-term rental assistance, and Homeless Management Information Systems ("HMIS") data contribution as set forth in 24 CFR § 576,101 — § 576.107. Allowable program costs are detailed in the Budget, as set forth in Exhibit B, attached hereto and by this reference incorporated herein. The SUBRECIPIENT'S failure to perform as required may, in addition to other remedies set forth in this AGREEMENT,result in readjustment of the amount of funds the CITY is otherwise obligated to pay to the SUBRECIPIENT pursuant to the terms hereof. The SUBRECIPIENT agrees that the homeless shelter/services under said program shall be available for the entire period during which said funds arc provided. E. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30, 2026,and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative costs, payroll taxes, workers compensation and indirect costs. Other allowable program costs are detailed in the budget as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the written approval of the CITY'S Executive Director of the Community Development Agency, or designee, so long as the total budget amount does not increase. F. Condition of Fundin (1) The CITY advises the SUBRECIPIENT that a significant change in entitlement funding may result in a change in the current process utilized by the CITY to determine funding allocations. The SUBRECIPIENT acknowledges that the obligation of the CITY is contingent upon the availability of Federal, State or Local government funds, which are appropriated or allocated for the payment of such an obligation. If funding levels are significantly affected by Federal budgeting or if funds are not allocated and available for the continuance of the function Page 3 of 23 performed by the SUBRECIPIENT, this AGREEMENT may be terminated by the CITY at the end of the period for which funds are available. At the earliest opportunity, the CITY shall notify the SUBRECIPIENT of any service which may be affected by a shortage of funds. No penalty shall accrue to the CITY in the event this provision is exercised and the CITY shall not be liable for any damages as a result of termination under this provision of this AGREEMENT. Nothing herein shall be construed as obligating the CITY to expend funds in excess of appropriations authorized by law. (2) The SUBRECIPIENT shall allow representatives of the CITY or HUD to inspect facilities which are used in connection with the AGREEMENT or which implement programs funded under this AGREEMENT. G. Matching The SUBRECIPIENT is required to make matching contributions to supplement the ESG program in an amount that equals or exceeds the amount of ESG funds provided by HUD through the CITY. Such contributions shall be entirely consistent with the Matching Requirements as outlined by 24 CFR § 576.201. The anticipated source and amount of all matching funds contributed by the SUBRECIPIENT will be enumerated in Exhibit B,Final Budget. H. Program Income (1) Definition. Program income means, as provided by 2 CFR 200.1, gross income earned by the SUBRECIPIENT that is directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. For purposes of ESG, program income will also include any amount of a security or utility deposit returned to the SUBRECIPIENT. (2) Use. The SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this AGREEMENT. (3) Counts toward Matching. Costs paid by program income may count toward meeting the matching requirements,provided the costs are eligible ESG costs that supplement the program. I. Separation of Accounts All funds received by the SUBRECIPIENT from the CITY pursuant to this AGREEMENT shall be maintained separate and apart from any other funds of the SUBRECIPIENT, or of any principal or member of the SUBRECIPIENT, in an account (the "Account") at a federally insured banking or savings and loan institution with record keeping of such Accounts maintained pursuant to applicable legal requirements. The SUBRECIPIENT shall keep all records of the Account in a manner that is consistent with generally accepted accounting principles. No monies shall be withdrawn from the Account except for expenditures relating to essential services, homeless prevention, and/or operations costs, as authorized hereunder. All disbursements from the Account shall be for obligations incurred in the performance of this AGREEMENT and shall be supported by contracts, invoices, vouchers, and other data, as appropriate, evidencing the necessity of such expenditure. The CITY may withhold payment allocation requests if the SUBRECIPIENT fails to comply with the above requirements until such compliance is demonstrated. Page 4 of 23 J. Expenditure of Funds Much Iike how HUD requires the CITY, pursuant to 24 CFR 576.203, to expend all of the grant funds for eligible activity costs within 24 months after the date that HUD signs the grant agreement with the CITY, it is a requirement for the SUBRECIPIENT to expend all of the grant funds for eligible activity costs within the aforementioned period. For the purposes of this paragraph, expenditure means either an actual cash disbursement for a direct charge for a good/service or an indirect cost, or the accrual of a direct charge for a good/service or an indirect cost.Failure to expend said funds within said timeframe can result in a reallocation of funds. K. Prohibited Use (1) Generally. The SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this AGREEMENT to pay for meals for persons other than those identified as homeless or at risk of homelessness. Said funds shall not be used for entertainment purposes or for gifts. The SUBRECIPIENT certifies that it will not use said funds for illegal or dishonest conduct, rather, fund use will remain in compliance with all applicable federal, state, and local laws, including applicable laws not outlined in this AGREEMENT. (2) Lobbying. The SUBRECIPIENT certifies and agrees that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement, The SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit C, attached hereto and by this reference incorporated herein. The SUBRECIPIENT shall submit said signed certification to the CITY prior to performing any of its obligations under this AGREEMENT and prior to any obligation arising on the part of the CITY to pay any sums to the SUBRECIPIENT under the terms and conditions of this AGREEMENT. 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, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions(see Exhibit D). IV. NOTICES The SUBRiCIPIENT and the CITY agree that all notices required by this AGREEMENT shall be made in writing and delivered via mail (postage prepaid); commercial courier; personal delivery; or sent by facsimile or other electronic means (provided that receipt is confirmed). Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this AGREEMENT shall be addressed to the individuals in the capacities indicated below, unless modified by subsequent written notice. Communication and details concerning the AGREEMENT shall be delivered to the office of, and directed to,the following representatives: Page 5 of 23 CITY: SUBRECIPIENT: Community Development Analyst Robert Pratt City of Santa Ana President/CEO Community Development Agency(M-25) Volunteers of America of Los Angeles 20 Civic Center Plaza 3600 Wilshire Boulevard, Suite 1500 P.O. Box 1988 Los Angeles, CA 90010 Santa Ana, CA 92702-1988 (714) 667-2256 (714)647-6549 FAX V. GENERAL CONDITIONS A. Coordination with Continuum of Care The SUBRECIPIENT must work with the Continuum of Care ("CoC") to ensure the screening, assessment, and referral of program participants are consistent with the CITY's written standards for providing ESG assistance as described in its consolidated plan. The SUBRECIPIENT must keep documentation evidencing the use of, and written intake procedures for, the centralized or coordinated assessment system(s) developed by the CoC in accordance with the requirements established by HUD. See 24 CFR 576.400. B. Evaluation of Program Participants Eligibility and Needs The SUBRECIPIENT must conduct evaluations and re-evaluations to determine the eligibility of each individual or family's eligibility for ESG assistance in accordance with 24 CFR 576.401. C. Terminating Assistance If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the SUBRECIPIENT that recognizes the rights of individuals affected. See 24 CFR 576.402 D. Shelter and Housing Standards The SUBRECIPIENT certifies that shelters and housing supported by ESG funds and used by ESG beneficiaries will conform to 24 CFR 576.403. E. Homeless Involvement The SUBRECIPIENT certifies that it will involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities. See 24 CFR 576.405(c)and 42 USC 11375(d). F. Independent Contractor Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Page 6 of 23 The SUBRECIPIENT and its subcontractors shall at all times remain independent contractors with respect to the services to be performed under this AGREEMENT.The CITY shall be exempt from payment of any Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as the SUBRECIPIENT is an independent contractor. G. Subcontracts (1) Content Requirements. The SUBRECIPIENT will include all relevant provisions of this AGREEMENT in all subcontracts entered into as part of the activities undertaken in furtherance of this AGREEMENT and will take appropriate action pursuant to any subcontract upon a finding that the subcontractor is in violation of regulations issued by any federal agency. The SUBRECIPIENT will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 75 (Economic Opportunities for Low- and Very Low-Income Persons)and will not allow any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (2) Submission to the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. H. Licensing The SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation, and inspections from all agencies governing its operations. The SUBRECIPIENT shall ensure that its staff and subcontractors shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing the SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. I. Responsibilities Toward Employees The SUBRECIPIENT accepts full responsibility for payment of any and all unemployment compensation, insurance premiums, workers' compensation premiums, income tax withholdings, social security withholdings,and any and all other taxes or payroll withholdings required for all employees engaged in the performance of the work and activities authorized by the AGREEMENT. The SUBRECIPIENT accepts full responsibility for providing workers with proper safety equipment and taking any and all necessary precautions to guarantee the safety of workers or persons otherwise affected. J. Insurance and Bonding SUBRECIPIENT shall procure and maintain for the duration of the Agreement and shall require any subcontractors to obtain and maintain the following insurance coverages: (1) MINIMUM SCOPE AND LIMIT OF INSURANCE a. SUBRECIPIENT shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: Page 7 of23 i. Commercial General Liability(CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. ii. Automobile Liability(AL): Insurance Services Office Form Number CA 00 O1 covering Code 1 (any auto),with combined single Iimits of$1,000,000. In the event SUBRECIPIENT does not maintain commercial automobile liability, the City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. iii. Workers' Compensation (WIC) insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if SUBRECIPIENT has no employees. iv. Sexual Abuse or Molestation Liability (SAML): If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, SUBRECIPIENT shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim. b. If the SUBRECIPIENT maintains broader coverage and/or higher limits than the minimums shown above,the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by the SUBRECIPIENT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. (2) Other Insurance Provisions The insurance policies are to contain,or be endorsed to contain,the following provisions: a. CGL, AL, and SAML policies shall name as additional insureds: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers, with respect to liability arising out of work or operations performed by or on behalf of the SUBRECIPIENT including materials, parts, equipment, and personnel furnished in connection with such work or operations. b. All insurance policies: SUBRECIPIENT shall require its insurance company(ics) to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents and volunteers for losses paid under the terms of any policy which arise from the event for which any permit is issued. c. All required insurance policies: For any claims related to this Agreement, SUBRECIPIENT's insurance coverage shall be primary and any insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. Page 8 of 23 d. All required insurance policies: A severability of interest provision must apply for all the additional insured, ensuring that SUBRECPIENT's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. e. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to the CITY. Ten (10) days prior written shall be provided to CITY for policy cancellation or non-renewal due to non-payment. f. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Executive Director, Community Development Agency, 20 Civic Center Plaza, M-25, P.O. Box 1988, Santa Ana, CA 92702-1988. The name and location of event or services should be included in the Description of Operations section of each certificate, (3) Self Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require SUBRECIPIENT to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. (4) Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no Iess than A: VII, unless otherwise acceptable to the CITY. (5) Verification of Coverage SUBRECIPIENT shall furnish the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive SUBRECIPIENT's obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time. (6) Claims Made Policies If any of the required policies provide coverage on a claims-made basis: a. The retroactive date must be shown and must be before the date of the contract or the beginning of work. b. Insurance must be maintained and evidence of insurance must be provided for at least three(3)ears after completion of work, Page 9 of 23 c. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective date, SUBRECIPIENT must purchase "extended reporting" coverage for a minimum of three(3)years after completion of work. (7) Subcontractors SUBRECIPIENT shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and SUBRECIPIENT shall ensure that CITY is an additional insurance on insurance required from sub-contractors. (S) Special Risks or Circumstances CITY reserves the right to modify these requirements, including limits, based on the nature of the risk,prior experience, insurer, coverage, or other special circumstances. K. Zoning. The SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should the SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state, or federal rules and regulations relating thereto, the SUBRECIPIENT shall immediately make good-faith efforts to gain compliance with local, state, or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. The SUBRECIPIENT shall notify the CITY immediately of any pending violations. Failure to notify the CITY of pending violations, or to remedy such known violation(s), shall result in termination of grant funding hereunder. The SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. L. Displacement and Relocation. The SUBRECIPIENT must assure that it has taken all reasonable steps to minimize displacement of persons. Relocation must be consistent with requirements as set forth in 24 CFR § 576.408. M. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction. SUBRECIPIENT specifically acknowledges various laws, including Executive Orders, reinforced by HUD, as included in Exhibit G. Page 10 of 23 VI. ASSURANCES AND CERTIITCATIONS A. Non-Profit Status The SUBRECIPIENT certifies that: (1) The SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws of the State of California and in possession of required non-profit status under the United States Internal Revenue Code [for example, 26 USC § 501(c)(3)], The SUBRECIPIENT has full right, power, and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance, and delivery of this AGREEMENT by the SUBRECIPIENT has been fully authorized by all requisite actions on the part of the SUBRECIPIENT. (2) If the SUBRECIPIENT's non-profit status changes at anytime during this AGREEMENT, it will advise the CITY within 15 days. (3) If the SUBRECIPIENT is a private non-profit, it hereby agrees that the members of its Board of Directors will receive no compensation, directly or indirectly, other than reimbursement for expenses, from any funds generated from or because of the ESG program, for their services. (4) As a non-profit, the SUBRECIPIENT acknowledges that administration of its operation and services are subject to the requirements as established in 2 CFR Part 200. B. Adherence to Federal, State, and Local Laws and Regulations (1) General. The SUBRECIPIENT agrees to comply with all requirements of the ESG program and applicable cross-cutting Federal, State, and Local requirements. (2) Economic Opportunities for Low- and Very Low-income Persons. The SUBRECIPIENT shall ensure that employment and other economic opportunities generated by the Program shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing. Section 3 of the Housing and Urban Development Act of 1965, 12 U.S.C. 1701u, and regulations at 24 CFR Part 75 apply, except that homeless individuals have priority over other Section 3 residents in accordance with 24 CFR§ 576.405(c), (3) Civil Rights. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, as amended, Title VTII of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,the Age Discrimination Act of 1975, and 41 CFR, Subtitle B, Chapter 60. (4) Nondiscrimination and Equal Employment Opportunity. During the performance under this AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or applicant for employment based on race, color, religion, sex, age, disability, ancestry, national origin, marital status, familial status, sexual orientation, or any other basis prohibited by applicable law. Page 11 of 23 The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are treated without regard to race, color, religion, sex, gender, gender identity, gender expression, medical conditions, genetic information, military or veteran status, age, disability, ancestry, national origin, marital status, familial status, and sexual orientation, or any other basis prohibited by applicable law. (5) Nondiscrimination and Equal Opportunity in Participation. The requirements in 24 CFR, Subtitle A Part 5, subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR 5.105(a). The SUBRECIPIENT shall not discriminate against any participant on the ground of race, color, religion, sex, age, disability, ancestry, national origin, marital status, familial status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall, through affirmative outreach, make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. The SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities. (6) Americans with Disabilities Act. The SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to compliance with the Americans with Disabilities Act which prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and Local government services, and public accommodations. (7) Fair Housing. Under section 808(c)(5) of the Fair Housing Act [42 USC §3608], HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funded sub-recipients. The SUBRECIPIENT has a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act. C. Falsification of Information The SUBRECIPIENT represents and warrants that it has made no false statements to the CITY in the process of obtaining this award of the ESG Funds. D. Drug Free Workplace The SUBRECIPIENT represents and warrants that it has established the following drug- free workplace policy: (1) The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. (2) As an employee working in conjunction with a federally funded program, the employees of the SUBRECIPIENT will be required to: a. Abide by the terms above in statement(1), and b. Notify the appropriate SUBRECIPIENT authorities and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace. Such notification shall be made no later than five(5)days after conviction. (3) The CITY and the United States Department of Housing and Urban Development will be Page 12 of 23 notified within ten days after receiving notice of any such violation. (4) Within thirty (30) days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. (5) Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or Local health, law enforcement, or other appropriate agency. E. Religious Organization The ,SUBRECIPIENT may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of said program or services. If the SUBRECIPIENT conducts such activities, the activities must be offered separately, in time or location, from said programs or services, and participation must be voluntary for the program participants. The SUBRECIPIENT shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief. If the SUBRECIPIENT is a religious organization, it retains its independence from Federal, State, and Local governments, and may continue to carry out its mission, including the definition, practice,and expression of its religious beliefs,provided that the religious organization does not use direct ESG funds to support any inherently religious activities. The SUBRECIPIENT agrees that rehabilitation of structures by the religious organization in connection with said program must be in sound accord with the provisions under 24 CFR § 576.406. F. Additional Terms between the CITY and MUD The SUBRECIPIENT agrees further that it shall be bound by the standard terms and conditions used in the Grant Agreement between HUD and the CITY and such other rules, regulations, or requirements as HUD may reasonably impose in addition to the aforementioned assurances at or subsequent to the execution of this AGREEMENT by the parties hereto. G. OSHA Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous,or dangerous to the participants' health or safety. H. Hatch Act The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this AGREEMENT, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. Page 13 of 23 I. Davis-Bacon Act All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis- Bacon Act, as amended, 40 U.S.C. 3142. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5. Further, the payroll reports (along with the "Statement of Compliance") and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews/investigations shall be made as necessary to assure compliance. See 29 C.F.R. §5.6(a)(3). VII. ADMINISTRATIVE RE UIREMENTS A. Generally The following requirements and standards must be complied with: 2 CFR Part 200, et al. SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-326. B. Procurement (1) Compliance. The SUBRECIPIENT shall comply with current HUD and CITY policies concerning the procurement of equipment, goods, and services, and shall maintain inventory records of all non-cxpendable personal property as defined by such policy as may be procured with funds provided herein. The SUBRECIPIENT shall report to the CITY all program assets (unexpended program income, property, equipment, etc.), and upon the CITY'S request, such assets shall revert to the CITY upon termination of this AGREEMENT. (2) Pursuant to 2 CFR 200.331 (a) (4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no cost rate exists, the de minims indirect cost rate as defined in 2 CFR 200.414(b) Indirect (F &A) costs shall be used. For this agreement, the de minims indirect cost of the maximum rate allowed pursuant to 2 CFR 200.414(f)will apply. (3) Use and Reversion of Assets. The use and disposition of equipment under this AGREEMENT shall be in compliance with the requirements of 2 CFR Part 200. C. Reporting Reporting requirements must conform to the policies and procedures as established by the CITY and 24 CFR § 576.500. The SU13RECPIENT shall submit to the CITY, on or before the 15'h day of October, January,April, and July, as part of the Quarterly Report: Page 14 of 23 (1) Payment Request. An original request for reimbursement and true copies of invoices, receipts, agreements, or other documentation supporting and evidencing how the ESG Funds have been expended during the applicable quarter. (2) Quarterly Activities and written cumulative (year-to-date) reports of activities, program accomplishments, new program information, and up-to-date program statistics on expenditures, caseload and activities. 'Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. (3) Matching. Quarterly certification of match,plus documentation of match source. (4) Any other such reports as the CITY (or HUD) shall reasonably require and/or request, including but not limited to the following information: monthly records of all ethnic and racial statistics of persons and families benefited by the SUBRECIPIENT in the performance of its obligations under this AGREEMENT. D. Record Kee in Sufficient records must be established and maintained to enable the CITY and HUD to determine whether the ESG requirements are being met. Record keeping requirements must conform to the policies and procedures as established by the CITY. All accounting records, reports, all evidence pertaining to costs, expenses, and ESG Funds of the SUBRECIPIENT, and all documents related to this AGREEMENT shall be maintained and kept available at the SUBRECIPIENT'S office or place of business for the duration of the AGREEMENT and thereafter for five(5)years post-completion of an audit in conformity with the ESG requirements, except as hereinafter provided relating to retention of any records or documentation existing, created, or maintained in compliance with Lead-based Paint regulations, which likely require longer retention as outlined below. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this AGREEMENT, or (b) costs and expenses of this AGREEMENT to which the CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. All said records must be retained for the greater of the aforementioned duration or the periods specified in 24 CFR 576.500(y). All records relating to, or created or maintained in compliance with, the Lead-Based Paint regulations shall be retained and maintained by the SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure statement(s), and clearance report(s). Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. The CITY, I-IUD and auditors shall have the right to access all the SUBRECIPIENT records for as Iong as the records are retained by the SUBRECIPIENT. In the event the SUBRECIPIENT does not make the above-referenced documents available within the City of Santa Ana, California, the SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY in conducting any audit at the location where said records and books of account are maintained. The SUBRECIPIENT agrees to meet the requirements set forth in 24 CFR§ 576.500. E. Homeless Management Information Systems(HMIS) (1) Generally. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community-wide I-IMIS Page 15 of 23 in the area in which those persons and activities are located, or with the express knowledge and written consent of the CITY, a comparable database, in accordance with HUD's standards on participation, data collection,and reporting under a local HMIS. (2) HMIS Agency Agreement. The SUBRECIPIENT shall have an agreement in place with the HMIS lead agency to participate in the regionally HMIS system. A copy of the SUBRECIPIENTS agreement with the HMIS lead agency shall be attached to this agreement as Exhibit F. In the case of Domestic Violence service providers or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the SUBRECIPIENT is using a comparable database shall be attached to this agreement as Exhibit E(if applicable). (3) HMIS Interagency Data Sharing Agreement. The SUBRECIPIENT shall enter into an Interagency Data Sharing Agreement with the HMIS Lead Agency where the SUBRECIPIENT agrees to share HMIS data with other ESG funded agencies regarding clients that are served in ESG funded programs, unless prohibited by law. A copy of such agreement shall be attached as Exhibit F-1. (A.) The SUBRECIPIENT agrees to provide 211OC with all required data needed to complete data analysis regarding project performance,data timeliness, or data quality. F. Audit Re ort Requirements The SUBRECIPIENT agrees that if the SUBRECIPIENT expends One Million Dollars ($1,000,000.00) or more in federal funds, the SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget (2 CFR 200.501(a)). The SUBRECIPIENT shall provide the CITY with a copy of said audit by April 1 of the year following the program year in which this AGREEMENT is executed. Further, the SUBRECIPIENT shall comply and/or cause compliance with audit report(s) required by applicable provisions of the Lead-Based Paint Regulations as further detailed below. V1I1. EVALUATION AND MONITORING A. Generally The CITY will monitor the performance of the SUBRECIPIENT against goals and performance standards as required herein. The SUBRECIPIENT shall provide the CITY all necessary reporting information as required by the CITY in the administration and review of the Program. Substandard performance as determined by the CITY will constitute noncompliance with this AGREEMENT. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. B. Access to Records The SUBRECIPIENT gives the CITY and HUD, including their authorized representative, access to and the right to examine all records, books, papers, items, emails, and documents, both physical and electronic,relating to the program. Page 16 of 23 C. Audit The CITY-shall have the right to audit and monitor any program income as a result of an ESG activity. Upon request by the CITY and for audit purposes, the SUBRECIPIENT further agrees to provide all files, records, and documents pertaining to related activities and clientele demographic data. IX. LIABILITY A. Generally Each party to this AGREEMENT acknowledges that it will be liable for its own negligent acts or negligent omissions by or through itself, its employees, agents, and subcontractors. Each party further agrees to defend itself and themselves, and to pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this AGREEMENT shall impute or transfer any such liability from one to the other. In other words,the SUBRECIPIENT agrees to be fully responsible for its negligent acts or omissions, or any intentional tortuous acts which result in claims or suits against the CITY, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein shall be construed as consent by a State or CITY agency or subdivision to be sued by third parties in any matter arising out of any contract, and nothing herein is intended to serve as a waiver of sovereign immunity where sovereign immunity applies. B. CITY not Liable for Funds The SUBRECIPIENT further acknowledges that the source of the ESG Funds is a federal pass-through grant to the SUBRECIPIENT. The CITY shall have no obligation to advance or pay the SUBRECIPIENT with any funds other than the ESG Funds the CITY receives from HUD. C. Hold Harmless The SUBRECIPIENT shall defend, indemnify and save harmless the CITY, its City Council, officers, agents, employees, representatives, volunteers, and student externs from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the CITY, and shall defend, indemnify and save harmless the CITY, its City Council, officers, agents, employees, representatives, volunteers, and student externs from and against any and all claims, demands, suits,actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and attorney fees/expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of the SUBRECIPIENT, its officers, directors, employees, agents, subcontractors, and suppliers arising out of the SUBRECIPIENT's performance of this AGREEMENT. X. ENVIRONMENTAL CONDITIONS A. Generally ESG activities are subject to environmental review by HUD under the environmental regulations in 24 CFR Part 50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project under this part, or commit or expend HUD or local funds for eligible activities under Page 1.7 of 23 this part, until HUD has performed an environmental review under 24 CFR part 50 and the recipient has received HUD approval of the property. The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as they apply to the performance of this AGREEMENT, including but not limited to the Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. If applicable,the SUBRECIPIENT also shall comply with the Historic Preservation requirements of National Historic Preservation Act of 1966. B. Lead-based paint remediation and„disclosure The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations in 24 CFR part 35, subparts A, B, H, r, K, M, and R apply to all shelters assisted under ESG program and all housing occupied by program participants that were built before 1978. C. Assignment of Responsibilities By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all responsibilities set forth in Subpart K of 24 CFR 35. D. Compliance with Subpart K The purpose of Subpart K is to establish procedures to eliminate as far as practicable lead-based paint ("L.BP") hazards in a residential property that receives Federal assistance under certain HUD programs for acquisition, leasing, support services, or operation. In connection with the grant funds under this AGREEMENT, the CITY requires that the SUBRECIPIENT comply and show evidence of compliance with all applicable subparts of 24 CFR Part 35, and especially, Subpart K("LBP Regs"). The SUBRECIPIENT shall conduct the following activities for the dwelling unit, common areas servicing the dwelling unit, and the exterior surfaces of the building in which the dwelling unit is located: (1) A visual assessment of all painted surfaces in order to identify deteriorated paint; (2) Paint stabilization of each deteriorated paint surface, and clearance, in accordance with 24 CFR §§ 35.1330(a) and (b), before occupancy of a vacant dwelling unit or, where a unit is occupied, immediately after receipt of Federal assistance; and (3) Ongoing lead-based paint maintenance activities into regular building operations, in accordance with 24 CFR § 35.1355(a), if the dwelling unit has a continuing, active financial relationship with a Federal housing assistance program, except that mortgage insurance or loan guarantees are not considered to constitute an active programmatic relationship for the purposes of this part. (4) And, notice to occupants in accordance with 24 CFR §§ 35.125(b)(1) and (c), describing the results of the clearance examination. Page 18 of 23 E. Notification of LBP Hazard The SUBRECIPIENT shall provide to all occupants of housing: (1) In accordance with Section 35.130 of the LBP Regs - the LBP hazard information pamphlet. The pamphlet shall be the EPA/HUD/Consumer Product Safety Commission lead hazard information pamphlet or an EPA-approved equivalent. The current form and version of the pamphlet can be found at: https://www.epa.gov/s ites/default/files/2020-04/documents/lead-in-your-home-portrait- color-2020-508.pdf (2) In accordance with 24 CFR Part 35, Subpart A, all available information and knowledge regarding the presence of LBP and LBP hazards prior to leasing a housing unit. (3) In accordance with 24 CFR Part 35, Subpart A, notification in writing of the results of the presumption of LBP and/or LBP hazards, results of any lead hazard evaluation, and any lead hazard reduction work. F. LBP Information Summary For purposes of information only and in no respect intended to be a representation or warranty of the provisions of the LBP Regulations, the CITY has caused to be prepared an information summary relating to the LBP Regs and application to dwelling units that may be occupied by recipients of services and/or funding from the SUBRECIPIENT under this AGREEMENT. CITY staff will cooperate with and be available to the SUBRECIPIENT to assist in implementation of compliance with the LBP Regs as to residential dwelling units to be assisted by the SUBRECIPIENT. The parties acknowledge and agree the CITY shall not be liable or responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP Regulations and implementing guidance published and provided by HUD relating to compliance with such LBP Regs. G. Exemptions Section 35.115(a) provides exemptions from Subparts B through R. For example, lead- based paint requirements do not apply to housing assistance if the assistance lasts less than one hundred(100)days. XI. CONFLICTS OF INTEREST The SUBRECIPIENT shall comply with 2 CFR 200.112 with respect to the use of program funds to procure services, equipment, supplies, or other property. With respect to all other decisions involving the use of program funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected or appointed official of the SUBRECIPIENT and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds Page 19 of 23 there under, either for himself or herself, or for those with who he or she has family or business ties, during his or her tenure or for one(1)year thereafter. The SUBRECIPIENT agrees to abide by the ESG Program's Conflict of Interest provisions as expressly detailed in 24 CFR § 576.404 regarding Organizational Conflicts of Interest and Personal Conflicts of Interest. All contractors of the SUBRECIPIENT must comply with the same requirements that apply to the SUBRECIPIENT under this section. XII. ASSIGNABILITY None of the duties of, or work to be performed by, the SUBRECIPIENT under this AGREEMENT shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY, No subcontract or assignment shall terminate or alter the legal obligations of the SUBRECIPIENT pursuant to this AGREEMENT. XUL EXCLUSIVITY OF AGREEMENT This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of the CITY's ESG Funds by the SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such ESG Funds in any manner whatsoever. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both the CITY and the SUBRECIPIENT. XTV. AMENDMENTS OR MODIFICATIONS The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize program funds for any activity or purpose not included or not in conformance with the budget as apportioned and as submitted to the CITY unless: (1) The SUBRECIPIENT has received explicit written approval from the CITY to undertake such actions, or (2) Budget changes may be made among approved program activities and among approved budget categories so long as the specific project activity has been approved, there is no change to the total grant amount, and the changes to the budget are documented. Any program modification request by the SUBRECIPIENT must be requested at least forty-five (45) days prior to the end of the term of this AGREEMENT. No modification to this AGREEMENT shall be binding by either party unless in writing and signed by both parties. In the event that the CITY approves any amendment to the funding allocation, the SUBRECIPIENT shall be notified in writing and such notification shall constitute an official amendment. The CITY may, at its discretion and upon provision of proper notice to the SUBRECIPIENT, amend this AGREEMENT to conform with changes in Federal, State, and/or the CITY laws, Page 20 of 23 regulations, guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this AGREEMENT. XV. VIOLATION OF TERMS AND CONDITIONS A. Termination If, due to any cause, the SUBRECIPIENT fails to comply with the terms, conditions or requirements of this AGREEMENT, or any prior AGREEMENT whereby ESG funds were received by the SUBRECIPIENT, whether stated in a Federal statute or regulation, an assurance, a State plan or application, a notice of award, or elsewhere,the CITY may terminate or suspend this AGREEMENT in accordance with 2 CFR 200.339 and in accordance with 2 CFR 200.340 by giving written notice, and the CITY may request in writing that all or some of the grant funds be returned even if the SUBRECIPIENT has expended the funds. If the SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, the SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay the CITY all amounts spent in violation thereof. If the SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the ESG funds granted hereunder, the SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent under fraudulent circumstances, and the CITY reserves the right to take other remedies that may be legally available. The SUBRECIPIENT agrees to return all funds as requested by the CITY under this section within thirty(30)days of receipt of the written request. Any objections regarding terminations or suspensions shall be made by the SUBRECIPIENT in writing and mailed to the CITY pursuant to the above NOTICES section. XV1. CLOSE-OUT The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR 200.343, including the following: 1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; 2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety(90)calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; 3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMG Circular A-129 and 2 CFR 200.345); Page 21 of 23 4. SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR 200.310-200.316 and 200.329; and, 5. The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. XVIL VALIDITY AND SEVER.ABILITY The invalidity in whole or in part of any provision of this ARGREEMENT shall not void or affect the validity of any other provision of this AGREEMENT. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. XVIH. LAWS GOVERNING THIS AGREEMENT This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XIX. WAIVER No delay or omission by the CITY hereto to exercise any right or power accruing upon any noncompliance or default by the SUBRECIPIENT with respect to any of the terms of this AGREEMENT shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant,condition,or agreement herein contained. XX. AGREEMENT DOCUMENT,EXHIBITS,AND ATTACHMENTS All of the attachments and exhibits attached to this AGREEMENT are deemed incorporated by reference. This document may be executed in counterparts, each of which shall be deemed to be an original. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this AGREEMENT, and shall indemnify the CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to the CITY in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. [signature page to follow] Page 22 of 23 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written. ATTEST: CITY OF SANTA ANA i a municipal corporation ennifer all Alvaro Nunez City Cle City Manager APPROVED AS TO FORM: SONIA CARVALHO SUBRECIPIENT: City A orney sy: Andrea Garcia- i er Name: Robert Pratt i Assistant City Attorney Title:President/CEO Unique Entity ID#: DJM3CNDVO2J8 RECOMMENDED FOR APPROVAL: Michael Garcia Executive Director, Community Development Agency Page 23 of 23 City of Santa Ana Scope of Work Name of Organization Volunteers of America of Los Angeles Name of Funded Program _ Rapid Rehousing Santa Ana Annual Accomplishment Goal I. Total number of unduplicated clients (Santa Ana and Non-Santa Ana Residents) anticipated to be served by the funded pro ram named above, during the 12-month contract period. Persons II. Number of unduplicated Santa Ana residents expected to be served by the funded program during the 12-month contract riod. 5e Persons Program and Funding Description Ill. Description of Work- In the space below, describe the program to be funded during the 12-month contract period. What specific activities will be undertaken during the contract period. Please be concise in your response. Only the viewable space will print. VOALA will rapidly rehouse homeless Santa Ana clients who are preparing for permanent housing. The program will initially aim to work with 3 individual participants over the 12-month period.This is based on paying for 6 months of rental subsidy plus security deposits,application fees, utility and moving costs. The program will also support 2 families(dependent on family size ) over the 12-month period.This is based on paying for 6 months of rental subsidy plus security deposits, application fees, utility and moving costs. The program supervisor will provide case management to help support these participants throughout the course of the enrollment in the program to help with housing stability. Schedule of Performance Estimate the number of unduplicated Santa Ana residents to be served by the funded program during the 12-month contract period per quarter. (Enter number of new Santa Ana clients served each quarter. If they were served in quarter 1 do not count them again in quarter 2 Quarter 1: July 1 -September 30 0 Persons Quarter 2: October 1 - December 31 2 Persons Quarter 3: January 1 - March 31 2 Persons Quarter 4: April 1 -June 30 1 Persons 5 Total unduplicated Santa Ana Residents to be served. Schedule of Invoicing Estimate the amount of grant funds to be requested durinq the 12-month contract period on a quarterly basis. Quarter 1: July 1 -September 30 $2,000.00 Quarter 2: October 1 - December 31 $22,500.00 Quarter 3: January 1 - March 31 $22,500.00 Quarter 4: April 1 -June 30 $10,000,00 $ 57,000.00 Total Grant $ - Balance Exhibit A Page 1 of 1 ESG Final Budget Organization Name Volunteers of America of Los Angeles Program Name Rapid Rehousing Santa Ana Expenditures Expenses Funded by Expenses Funded Total Program Total Organizational Category Santa Ana b Other Sources Bud et Budget Housing Relocation and Stabilization Services Financial Assistance $ - Rent Deposit $ 6,000 $ 3,000 $ 9,000 Rental Application fees $ 150 $ 50 $ 200 Utility Deposit $ - Utili $ 550 $ 100 $ 650 Moving Costs $ 1,500 $ 450 $ 1,950 Service Assistance Hsg Search & Placement $ - Case Management $ 12,000 $ 2,100 $ 14,100 Mediation $ - Legal $ _ Credit Repair $ - Rental Assistance Rent $ 35,000 $ 36,000 $ 71,000 Other Program management $ 7,500 $ 7,500 Car $ _ $ - Indirect Cost 15% $ 1,800 $ 2,850 $ 4,650 Total $ 57,000 $ 52,050 $ 109,050 $ Balance $ - LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana $ 57,000 VOALA internal fundin2 $ 10,350 HDAP families $ 46,650 Total Funds for the Program $ 114,000 Exhibit B Page 1 of 1 ESG Funded Personnel Name of Organization: _ Volunteers of America of Los Angeles Name of Program Rapid Rehousing Santa Ana Program Staff Position Title Budget Annual Hourly Rate Approximate Total Amount (only list funded positions) Category Salary #of Hours per Requested month serving Santa Ana Program Supervisor Housing $ 14,100 $ 38 9% $ 12,000.00 Relocation and Stabilization Services Total ESG Requested $ 12,000.00 Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, as amended, Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of Participants Regarding Transactions. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211), and subsequently amended in 81 Federal Register 25585. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached) 1. The prospective recipient of federal assistance certifies to the best of its knowledge and belief,that it and its principals: a. Are not presently excluded or disqualified; b. Have not been convicted within the preceding three years of any of the offenses listed. in 2 CFR 180.800(a) convicted or had a civil judgment rendered against them for one of those offenses within that time period. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal, State or local)with commission of any of the offenses listed in 2 CFR 180.800(a); and d. Have not had one or more public transactions (Federal, State or local) terminated within the preceding three years for cause or default. 2. Where the prospective recipient of federal assistance is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Bob Pratt Name and Title of Authorized Representative 7/28/25 Signature Date EXHIBIT C Page 1 of 2 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies,including suspension and/or debarment. 3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,unless authorized by the DOL. 6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may,but is not required to check the List of Parties Excluded from Procurement or Non- Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a Iower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies,including suspension and/or debarment. EXHIBIT C Page 2 of 2 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) 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, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. 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. Volunteers of America of Los Angeles ESG Grantee/Contactor Organization Program Title Robert Pratt 215< 7/28/25 Name of Certifying Officer Signature Date EXHIBIT D Page 1 of 2 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law$5-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. Sections 2000d et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U. S. C. Sections 3141 - 3147, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT D Page 2 of 2 ' •. Y t�J E Get Connected.Get Help.'" Orange County United Way CSC HMIS Participating Agency Agreement Purpose The HMIS (Homeless Management Information System) is a HUD-mandated information technology system that is designed to capture client-level information overtime, on the characteristics and service needs of homeless persons. Client data is maintained on a central server, which will contain all client information in an encrypted state. HMIS integrates data from all homeless service providers and organizations in the community and captures basic descriptive information on every person served. Participation in the OC HMIS allows organizations to share information with other participating organizations to create a more coordinated and effective service delivery system. The OC HMIS is the secured electronic database for Orange County and is a valuable resource for local communities. Agreement and Understanding This Agreement authorizes this Participating Agency (Agency) to designate HMIS Users (User). A User is a staff person entrusted to enter Protected Personal Information (PPI) into the OC HMIS, on behalf of this Agency. In order to allow a User to access the OC HMIS, a User Agreement must be signed by the User and stored electronically in the HMIS. Confidentiality and Informed Consent Confidentiality: This Agency must require all Users to abide by its organization's policies and procedures; uphold all privacy protection standards established by the OC HMIS Policies and Procedures; and comply with all relevant federal and State of California confidentiality laws and regulations that protect client records. Except where otherwise provided for by law, this Agency shall ensure that confidential client records are released with the client's written consent. Written Consent: To obtain written consent, prior to each client's assessment, each client must be informed that the client's information will be entered into an electronic database called HMIS. The terms of the Consent to Share Protected Personal Information form must also be explained to each client. Clients who agree to have their PPI entered into the OC HMIS must sign the Consent to Share Protected Personal Information form. Verbal Consent: Verbal consent to enter PPI into the OC HMIS may be obtained during circumstances such as phone screenings, street outreach, or community access center sign-ins. Each client must be informed that their information will be entered into the HMIS database. The terms of the Consent to Share Protected Personal Information form must also be explained to each client. The client's written consent must be obtained once the client appears for their initial assessment. EXHIBIT F updaeedzgz0?a 1 Client's Rights The client has a right to receive a copy of this Agency Agreement at the time of request. Each client has the right to receive the following, no later than ten (10) business days of a written request: • A correction of inaccurate or incomplete PPI • A copy of their consent form • A copy of their HMIS records • A current list of participating agencies that have access to HMIS data Data Use This Agency must protect HMIS data by ensuring that: • A link to the Privacy Notice is accessed from the Organization's website. • OC HMIS is not accessible to unauthorized users • OC HMIS is only accessed by computers approved by the Organization • HMIS Users are trained regarding user responsibilities and conduct • HMIS Users sign and comply with the OC HMIS User Agreement • HMIS Users forward a copy of a client's Revocation of Consent to the HMIS System Administrator, Orange County United Way (OCUW)'s 2-1-1 Orange County (2110C), within three (3) business days of receipt Responsibilities As outlined in the 2004 HUD Data and Technical Standards, this Agency is responsible to ensure that: • The Notice Regarding Collection of Personal Information is posted at each intake desk or comparable location • HMIS Users do not misuse the system • Any breach of the client's PPI that the agency discovers or is made aware of is reported to the client. • Any HMIS User who finds a possible security lapse on the system is obligated to immediately report it to 2110C • A signed copy of the Consent to Share Protected Personal Information is retained for a period of seven (7) years after the PPI was created or last changed. Rights and Privileges OC HMIS data is stored in one central database and is managed by 2110C. While each agency owns their own data within the database, the Orange County Continuum of Care (CoC) may release aggregate data about its own continuum at the program, sub-regional, and regional level. Aggregate data may be released without organization permission at the discretion of the Continuum. Use of the OC HMIS is a privilege and is assigned and managed by 2110C. 2 Updated 7/2024 Copyright The OC HMIS and other CoC-provided software are protected by copyright and are not to be copied, except as permitted by law or by contract with the owner of the copyright. The number and distribution of copies of any CoC provided software are at the sole discretion of 2110C. Violations Any violations or suspected violations of any of the terms and conditions of this agreement, the HMIS User Agreement, and/or the HMIS Policies and Procedures, must be immediately and confidentially reported to 2110C and the Executive Director or other authorized representative of this Agency, Term This Participating Agency Agreement becomes effective on the date of final execution and shall remain in effect unless terminated pursuant to paragraph XI, Termination, below. Amendment and Termination • The OC CoC reserves the right to amend this agreement by providing a 3-day notice to this Agency. • Either party has the right to terminate this agreement, with or without cause, by providing a 3-day written notice to the other party. • If this agreement is terminated, this Agency shall no longer have access to HMIS or any information therein. The CoC shall retain the right to use all client data previously entered by this Agency, subject to any restrictions requested by the client. All agencies that sign this agreement and are granted access to the OC HMIS agree to abide by OC HMIS' Policies and Procedures. The signature of the Executive Director or other authorized representative of this Agency indicates acceptance of all terms and conditions set forth in this agreement. This Agreement is executed between the CoC and the Participating Organization. Upon final execution, this Agency will be given access to the OC HMIS. Agency Name DO NOT WRITE IN THIS SECTION—2110C USE ONLY VOALA HMIS System Administrator Name (Print) Executive Director/Authorized Representative Name (Print) HMIS System Administrator Signature Bob Pratt Executive Director/Authorized Representative Signature Date Date 7/28/25 3 Updated 7/2024 48RE0 Get Connected.Get Help.- Orange County United Way Orange County CoC Inter-Agency Data Sharing Memorandum of Agreement The VOALA agency agrees to share client data among participating agencies via the OC HMIS (Orange County Homeless Management Information System) for the purposes outlined below. Each participating agency must complete and comply with the OC HMIS Participating Agency Agreement, attached hereto as Exhibit A and incorporated herein by this reference. The participating agency must ensure that all individual HMIS user operating under the authority of the participating agency complete and comply with the HMIS User Agreement. This document is available on the OCHMIS.org website and incorporated herein by reference. Uses of HMIS Data: • Coordinate housing services for families and individuals experiencing homelessness or facing a housing crisis in Orange County • Understand the extent and the nature of homelessness in Orange County • Evaluate performance and progress toward community benchmarks • Improve the programs and services available to Orange County residents experiencing homelessness or a housing crisis • Improve access to services for all Orange County homeless and at-risk populations • Reduce inefficiencies and duplication of services within our community + Ensure that services are targeted to those most in need, including"hard to serve" populations • Ensure that clients receive the amount and type of services that "best fits" their needs and preferences • Pursue additional resources for ending homelessness • Advocate for policies and legislation that will support efforts to end homelessness in Orange County Client Protection: • Informed consent must be given by clients in order for their identifying information to be shared among agencies in the OC HMIS (see Agencies with Access to HMIS on OCHMIS.org). If the client does not give consent,their identifying information can still be entered into HMIS, but the record should only be visible to the agency entering the data. • All agencies participating in HMIS must sign this agreement. The client has the right to see a current list of the OC HMIS participating agencies. As part of the informed consent process, clients must be informed that additional agencies may join the OC HMIS at any time and will have access to their information. EXHIBIT F-1 Last Updated: 07/2024 • HMIS Users will maintain HMIS data in such away as to protect against revealing the identity of clients to unauthorized agencies, individuals, or entities. • Clients may not be denied services based on their choice to withhold their consent. All parties to this Memorandum of Agreement,other than agencies and department of the County of Orange, shall defend, indemnify, and hold all other parties harmless from any and all claims arising out of a party's violation of the terms of this Agreement, the OC HMIS Participating Agency Agreement, or violation of the terra of the HMIS User Agreement by the party's individual HMIS user operating under the authority of the participating agency. This Memorandum of Agreement is signed and agreed to by the following agency representative (Executive Director or equivalent only): Printed Name: Bob Pratt Agency Name: VOALA Signature:_ Date. 7/28/25 Last Updated:07/2024 Acknowledgement of Federal Requirements On June 5, 2025, the United States Department of Housing and Urban Development (HUD) issued guidance regarding various Federal programs. The letter required "conformity with applicable Administration priorities and executive orders." Pursuant to the HUD guidance, conformity means as follows: 1. Shall not use grant funds to promote "gender ideology," as defined in Executive Order (E.O.) 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government; 2. Agrees that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the U.S. Government's payment decisions for purposes of section 3729(b)(4)of title 31, United States Code; 3. Certifies that it does not operate any programs that violate any applicable Federal anti- discrimination laws,including Title VI of the Civil Rights Act of 1964; 4. Shall not use any grant funds to fund or promote elective abortions, as required by E.O. 14182, Enforcing the Hyde Amendment; and that 5. Notwithstanding anything in the grant application, this Grant shall not be governed by Executive Orders revoked by E.O. 14154, including E.O. 14008, or requirements implementing Executive Orders that have been revoked. 6. The Grantee must administer its grant in accordance with all applicable immigration restrictions and requirements, including the eligibility and verification requirements that apply under title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended (8 U.S.C. 1601-1646) (PRWORA) and any applicable requirements that HUD, the attorney General , or the U.S. Citizenship and Immigration Services may establish from time to time to comply with PRWORA, Executive Order 14218,or other Executive Orders or immigration laws. 7. If applicable,no state or unit of general local government that receives funding under this grant may use that funding in a manner that by design or effect facilitates the subsidization or promotion of illegal immigration or abets policies that seek to shield illegal aliens from deportation. 8. Unless excepted by PRWORA,the Grantee must use the U.S. Citizenship and Immigration Services online service- SAVE, or an equivalent verification system approved by the Federal government,to prevent any Federal public benefit from being provided to an ineligible alien who entered the United States illegally or is otherwise unlawfully present in the United States. 9. Faith-based organizations may be subrecipients for funds on the same basis as any other organization. Grantees may not, in the selection of subrecipients, discriminate against an organization based on the organization's religious character, affiliation, or exercise. The HUD guidance also reinforced compliance with the following applicable laws: • Section 109 of the HCDA,42 U.S.C. 5309; • Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq.; • Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq.; • Title VIII of the Civil Rights Act of 1968 (The Fair Housing Act),42 U.S.C. 3601 --19; • Section 504 and 508 of the Rehabilitation Act of 1973, 29 U.S.C. 794; EXHIBIT G Page 1 of 2 • The Americans with Disabilities Act of 1990,42 U.S.C. 12131 et seq.; and • Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193) (PRWORA). The SUBRECIPIENT of the funds pursuant to this Grant Agreement hereby acknowledges the above stated Federal requirements and will comply with such requirements. Bob Pratt-CEO Name and Title of Authorized Representative 7/28/25 Signature Date EXHIBIT G Page 2 of 2 AC a® CERTIFICATE OF LIABILITY INSURANCE FDATE(MMroomYY) 7125/2025 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 - Arthur J. Gallagher Risk Management Services, LLC NAME:PHONE FAx 500 N. Brand Boulevard o Ez :818-539-2300 vc No):818-539-2301 Suite 100 EAD®RtEss: Glendale CA 91203 INSURERS AFFORDING COVERAGE NAIC# License#,0069293 INSURER A:Travelers Property Casualty Company of America 25674 INSURED VOLUOFA-14 INSURER B;Great American Alliance Insurance Company 26832 Volunteers of America of Los Angeles 3600 Wilshire Blvd, Suite 1500 INSURER C:Great American Assurance Company 26344 Los Angeles CA 90010-2619 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:446233487 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LTR POLICYNUMBER MMIDDNYYY MMIDDIYYYY LIMITS C X COMMERCIAL GENERAL LIABILITY Y GLP3964834 04 6/3012025 6/3012026 EACH OCCURRENCE $1.000,000 CLAIMS-MADE [XI OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 MFD EXP(Any one person) $20,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 X PRO- POLICY 0JECT LOC PRODUCTS-COMP/OP AGG $3,000,000 OTHER: $ C AUTOMOBILE LIABILITY Y CAP3964835 04 6/30/2025 613012026 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person? $ OWNED SCHEDULED 8001LY INJURY Per accident $ AUTOS ONLY AUTOS ( ) X HIRED X NON-OWNED PROPERTYDAMAGE AUTOS ONLY AUTOS ONLY Per accident $ Gom 1Collision Ded $3,000 B X UMBRELLA LIAB X OCCUR UMB3964836 04 6/30/2025 6/30/2026 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,040 DED I X I RETENTION$Nh $ A WORKERS COMPENSATION UB-1N16453A-25-51-H 7f112025 7/1/2026 X STATUTE ERH AND EMPLOYERS'LIABILITY Y I N ANYPROPRI ETO W PARTNE W EXECDTI V E OFFICERlMEMBEREXCLUDED? ❑ NIA E.L.EACH ACCIDENT $1,040,000 (Mandatory in NH) E.L.DISEASE-£A EMPLOYEE $1 000,000 If yes,describe under - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional Liability Y GLP3964834 04 6/3012025 6/3012026 Each Occurrence $1,000,000 FAggregate $3,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 1D1,Additional Remarks Schedule,may be attached if more space is required) Sexual Misconduct coverage is includesd in policy#GLP396483404. Each Abuse Conduct IimiYAggregate: $1,000,000/$3,000,000. Professional Liability Aggregate: $3T000,000 City of Santa Ana, its City Council, its officers,officials,employees,agents, and volunteers,are additional insureds, only when required by valid written contract or an agreement with the named insured with respects to General and Auto Liability per attached endorsements.Waiver of subrogation applies in favor of the above per attached endorsements.Additional insureds are on a Primary and Non-contributory basis an the General Liability and Auto policies.30 Day Notice of Cancellation will be given to the certificate holder if required by written contract to receive such notice with the exception of non-payment of premium in which 10 days notice will be given. APPROVED CERTIFICATE HOLDER By Tu Tran Nguyen at4:51 pm,Jul28, 2025 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Exec. Director, Community Development Agency ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, M-25 Digi[alty signetl P.O. Box 1988 TuTran byT.Tran AUTHORIZED REPRESENTATIVE Santa Ana CA 92701-1988 "4.y- Nguyen�Date:21125A7.11 II /�4� United States 652:21 oTon' 0)0& VV @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD C* S1 * 06/30/2025 GLP3964834 04 Great American Assurance Company ORIGINAL COPY 253405 CG 91 15 (Ed. 05/18) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SIGNATURE EDUCATION GENERAL LIABILITY BROADENING 'ENDORSEMENT This endorsement modifies and is subject to the insurance provided under the following form: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following extension only applies in the event that no other specific coverage for the indicated loss exposure Is provided under' this Policy, If other specific coverage applies, the' terms, conditions and limits of that coverage are the excluslve coverage applicable under this Policy, unless otherwise noted in this endorsement, This is a summary of the various additional coverages and coverage modifications provided by this endorsement, For complete details on specific coverages, consult the actual policy wording, Coverage Description Limit of Insurance Page Corporal Punishment Included 2 Non-Owned Aircraft Included 3 Non-Owned Watercraft .Included 3 Extended liquor Liability Included 3 Bodily Injury - Mental Injury, Mental Anguish, Humiliation or Shock Included 3 < Medical Payments $20,000 4 Per Campus - General Aggregate included 4 Damage to Premises Rented to You $1,000,000 4 Supplementary Payments - Bali Bonds $3,000 5 Supplementary Payments - Loss of Earnings $1,000 per day 5 Newly Formed or Acquired Organizations Included 5 Unintentional Failure to Disclose Hazards Included 6 Knowledge of Occurrence, Clalm or Suit Included 6 Property Damage Liability - Elevators Included 6 Property Damage Liability - Borrowed Equipment Included 6 Liberalization Clause Included 7 Amendment of Pollution Exclusion (Premises) Included 7 CG 91 15 fEd. 05/181 (Page t of 16) C" S1 *06/30/2025 GLP3964834 04 ' Great American Assurance Company URIUINAL. GUHY 253405 Pollution Exception for Classroom Activities I $100,000 7 I Limited Contractual Liability Coverage for Personal and Advertising Injury Included 8 Limited Property Damage to Property of Others $5,000 g Additional insured - Athletic Activity Participants Included 9 Additional Insured - Manager or lessor of Premises Included 10 IAdditional Insured - Funding Sources I Included I 11 I Additional Insureds - By Contract Included 11 Primary and Non-Contributory Additional Insured Extension Included 13 Additional Insureds - Protection of Your Limits Included 13 Blanket Waiver of Transfer of Rights of Recovery Against Others to Us (Subrogation) Included 14 Property Damage Extension With Voluntary Payments $11000/$5,000 14 Limited Fungi or Bacteria Coverage $30,000 14 Who Is An Insured - Fellow Employee Extension - Management Employees Included 15 Who Is An Insured - Educators Included 15 Broadened }personal and Advertising Injury Included 16 Educational Broadcasting and Publication - Personal and Advertising Injury Included 16 A. CORPORAL PUNISHMENT Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury And Property Damage Liability, exclusion a. Expected Or Intended Injury is replaced by the following: This insurance does not apply to: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting-from: (1) The use of reasonable force to protect persons or property, or (2) Corporal punishment to your student administered by or at the direction of any insured, CG 91 15 (Ed. 051181 (Pace 2 of 161 C S1 *06/30/2025 * GLP3964834 04 Great American Assurance Company ORIGINAL COPY 253405 B. NON-OWNED AIRCRAFT Unde't paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury And Property Damage Liability, exclusion g, Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating him or her a commercial or airline pilot; and 4. It is not being used to carry persons or property for acharge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this Polley), contingent or on any other basis, that would also apply to the loss covered, under this provision. C. NON-OWNED WATERCRAFT Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g, Aircraft, Auto Or Watercraft Is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 60 feet long; and (b) Not being used to carry persons or property for acharge D. EXTENDED LIQUOR LIABILITY Under SECTION I COVERAGE A - Bodily Injury And Property Damage Liability, 2. Exclusions, the following is added to c. Liquor liability: This exclusion does not apply to "bodily injury" or "property damage" arising out of the selling, serving, or furnishing of alcoholic beverages at any specific function or activity which is held for 15 consecutive days or less for which you: 1. Are not required by state or local law/regulation to secure or maintain an alcoholic beverage permit or license; or F 2. Are required by state or local law/regulation to secure or maintain only a alcoholic beverage permit or license that is valid for 15 days or less. I . BODILY INJURY - MENTAL INJURY, MENTAL ANGUISH, HUMILIATION OR SHOCK Under SECTION V - DEFINITIONS, Definition 3. is replaced by the following: CG 91 15 lEd, 051181 f I?aae 3 of 161 C" S1 "06/30/2025 *GLP3964834 04 Great American Assurance Company URIGINAL CUPY 253405 3. "Bodily Injury" means physical injury, sickness, or disease, including death of a person. "Bodily Injury" also means mental injury, mental anguish, humiliation, or shock if directly resulting from physical injury, sickness, or disease to that person, F. MEDICAL PAYMENTS If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this Policy are amended as follows: The Medical Expense Limit In paragraph 7. of SECTION III - LIMITS OF INSURANCE is replaced by the following Medical expense Limit: The Medical Expense Limit provided by this Policy shall be the greater of: a. $20,000; or b. The amount shown in the Declarations for Medical Expense Limit This provision 7. is subject to all the terms of SECTION III - LIMITS OF INSURANCE. G. PER CAMPUS - GENERAL AGGREGATE Under paragraph Z. of SECTION III .. LIMITS OF INSURANCE the following is added: A separate General Aggregate Limit applies to each "campus". The following definition is added to SECTION V - DEFINITIONS: "Campus" means premises involving the same or connecting rots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. H. DAMAGE TO PREMISES RENTED TO YOU If Damage to Premises Rented to You is not otherwise excluded from this Coverage Part: 1. Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability: (a) The last paragraph of paragraph 2. Exclusions is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, leakage from an automatic fire protection system or water to premises while rented to you or temporarily occupied by you with permission of the owner: A separate Limit of Insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. However, this insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with the permission of the owner, caused by: i. Rupture, bursting, or operation of pressure relief devices; if. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; W. Explosion of steam boilers, steam pipes, steam engines, or steam turbines; or CG 91 15 (Ed. 0511811 (Pane 4 of 16) C " S1 *06/30/2025* GLP3964834 04 Great American Assurance Company ORIGINAL COPY 253405 iv. Flood 2. Paragraph 6. Under SECTION III - LIMITS OF INSURANCE is deleted in its entirety and replaced with the following: 6. Subject to paragraph 5. above, the most we will pay under COVERAGE A for damages -because of "property damage" to any one premises, while rented to you, or in the case of damage caused by fire, lightning, explosion, smoke, leakage from automatic fire protection system or water while rented to you or temporarily occupied by you with the permission of the owner, for all such damage caused by fire, lightning, explosion, smoke, leakage from automatic fire protection systems or water proximately, caused by the same event, whether such damage results from fire, lightning, explosion, smoke, leakage from automatic fire protection systems or, water or any combination of the six, is the higher of $1,000,000 or the amount shown in the Declarations for the Damage To Premises Rented To You Limit. 3. As regards coverage provided by this provision I. DAMAGE TO PREMISES RENTED TO YOU - paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, leakage from automatic fire protection systems or water to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; I. SUPPLEMENTARY PAYMENTS 1. In the SUPPLEMENTARY PAYMENTS - COVERAGES A and B provision, paragraph t.b. is replaced with: b. Up to $3,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d, is replaced by the following: d. All reasonable expenses incurred by the Insured at our request to assist us 'in the investigation or defense of the claim or "suit", including actual Joss of earnings up to $1,000 a day because of time off work. J. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Paragraph 3. of SECTION II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However; a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A. does ;not apply to ®bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. CG 91 15 (Ed. 05/181 fPaae 5 of 161 C* S1 *06/30/2025 *GLP3964834 04 Great American Assurance Company ORIGINAL COPY 253405 d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization Is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. K. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - Commercial General Liability Conditions, the following is added to Condition 6. Representations: Failure of the Insured to disclose all hazards existing as of the inception date of this Policy shall not prejudice the insurance with respect to the coverage afforded by this Policy, provided such failure or omission is not Intentional on the part of the Insured. L. KNOWLEDGE OF OCCURRENCE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit; Knowledge of any occurrence, claim, or suit by any agent, servant or employee of the Named Insured does not in itself constitute knowledge by the Insured unless notice ,of such injury, claim or suit shall have been received by: a. You, if you are an individual; b. A partner, if you are a partnership c. An executive officer or insurance manager, if you are a corporation. d. School administrators M. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability, -Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use o,f elevators. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any insurance, whether primary, excess, contingent or on any other basis. N. PROPERTY DAMAGE LIABILITY - BORROWED EQUIPMENT 1. Under paragraph 2. Exclusions of. Section I - Coverage A - Bodily Injury and Property Damage Liability, Subparagraph (4) of exclusion j. Damage To Property does not apply to "property damage" to borrowed equipment while not being used to perform operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, paragraph b. Excess Insurance; The insurance afforded by this provision of this endorsement is excess over any insurance, whether primary, excess, contingent or on any other basis. CG 91 15 .(Ed. 051181 fPanp 6 of 1 Rl 'C* 51 * 06/30/2025 * GLP3964834 04 Great American Assurance Company i ORIGINAL COPY 253405 9. LIBERALIZATION CLAUSE If we revise this General Liability Broadening Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the date the revision is effective in your state. P. AMENDMENT OF POLLUTION EXCLUSION (PREMISES) i. The following is added to paragraph (1)(a) of Exclusion f. of Section I - Coverage A - Bodily Injury And Property Damage Liability: This subparagraph .(a,)`does not apply to ".bodily injury" or "property damage" arising out of the actual discharge, dispersal, seepage, migration, release or escape of "pollutants" but only if the: actual discharge, dispersal, seepage, migration, release or escape of pollutants satisfies each of the following conditions: (aa) It commences on a clearly identifiable day during the policy period; and (bb) It ends, in its entirety, within seventy-two. (72) hours of the commencement of the discharge, dispersal, seepage, migration, release or escape of "pollutants"; and (cc) It is discovered and reported to us within fifteen (16) days of the clearly identifiable day that the discharge, dispersal, seepage, migration, release or escape of "pollutants" commences; and (dd) It is neither expected nor intended from the standpoint of any insured; and (ee) It is unrelated to any previous discharge, dispersal, seepage, migration, release or escape; and (ff) It does not originate at or from a storage tank or other container, duct or piping that: a. Is below the surface of the ground or water; or b. At any time has been buried under the surface of the ground or water and then Is subsequently exposed_ 2. For the purposes of this coverage, the following is added to the definition of "property damage" of Section V - aefinition6 and applies only as respects this coverage: "Property damage" does not include land or water, whether below ground level or not. 3. Coverage provided hereunder does not apply to any discharge, dispersal, seepage, migration, release or escape that is merely threatened or alleged to have occurred. Q. POLLUTION EXCEPTION FOR CLASSROOM ACTIVITIES 1. The following Is added to paragraph (1xa) of Exclusion f. Pollution of Section I - Coverage A - Bodily Injury And Property Damage Liability: This subparagraph (a.) does not apply to "bodily injury" or "property damage" that is caused, in whole or in part, by activities usual to classroom instruction on premises you own or rent. CG 91 15 (Ed. 05/181 (Paae 7 of 16) C* S1 *06/30/2025 * GLP3964834 04 Great American Assurance Company ORIGINAL COPY 253405 2. When the Total Pollution Exclusion endorsement, CG 21 55 or CG 21 65 is made a part of this Policy, paragraph 1. above does not apply and the following Is added to provision (1) of Exclusion f. Pollution of Section I - Coverage A - Bodily Injury And Property Damage Liability as amended by either endorsement CG 21 55 or CG 21 65. However, this exclusion does not apply to "bodily injury" or "property damage" that is caused, in whole or in part, by activities usual to classroom instruction on premises you own or,rent. The most we will pay under this exclusion exception, Pollution Exception for Classroom Activities, is a sub-limit of $100,000. R. LIMITED CONTRACTUAL LIABILITY COVERAGE FOR PERSONAL AND ADVERTISING INJURY Under paragraph 2. Exclusions of SECTION I - COVERAGE B - Personal and Advertising Injury Liability, exclusion e. Contractual Liability is replaced by the following; This insurance does not apply to; e. Contractual Liability "Personal and advertising Injury" for which the Insured has assumed liability in a contract,.or agreement. This exclusion does not apply to; (1) liability for damages that the Insured would have in the absence of the contract or agreement; or (2) liability for "personal and advertising injury" if: (a) the liability pertains to your business and is assumed in a written contract or written agreement in which you assume the tort liability of another. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement, (b) the "personal and advertising injury" occurs subsequent to the execution of the written contract or written agreement; and (c) the "personal and advertising injury" arises out of the offenses of false arrest, detention or imprisonment. Solely for the purposes of liability so assumed in such written contract or written agreement, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed damages because of personal injury described in paragraph e.(2)(c) above, provided; (1) liability to such party for, or for the cost of, that party`s defense has also been assumed in the same written contract or written agreement; and (III) such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. For the purposes of this coverage, the last two paragraphs of SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B are deleted and replaced with the follow: CG 91, 15 It d_ Mill Al rpAna A n f I M C* S1 "06/30/2025 '" GLP3964834 04 Great American Assurance Company ORIGINAL COPY 253405 So long as the above conditions are met, attorneys fees incurred by us in the defense of the indemnitee, necessary litigation expenses incurred by -us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of e.(2) of this endorsement, such payments will not be deemed to be damages for "personal and advertising Injury" as described in paragraph e.(2)(c) above and will not reduce the Limits of insurance. Our obligation, to defend an Insured's indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when; 1. we have used up the applicable Limit of Insurance in the payment of judgments or settlements; or 2. the conditions set forth above, or the terms of the agreement described in paragraph 2.1. above, are no longer met. S. LIMITED PROPERTY DAMAGE TO PROPERTY OF OTHERS The following is added to paragraph (4) of Exclusion j. Damage To Property of Section I - Coverage A - Bodily Injury And Property Damage Liability: 4. However, this exclusion does not apply to personal property of others while in the temporary care, custody or control of an insured. For the purpose of this coverage extension, loss shall mean damage or destruction but does not include mysterious disappearance or loss of use. In the event of a theft, a police report must be filed. This supplementary payment does not apply if: a. Coverage is otherwise provided by the Property Coverage Part (if any) of this Policy; or b. The loss is covered by any other insurance you have or by any insurance of such person who causes such loss. , We will pay up to $5,000 for loss under this coverage extension. These payments will not reduce the Limits of Insurance. T. ADDITIONAL INSURED - ATHLETIC ACTIVITY PARTICIPANTS 1. Section II - Who Is An Insured Is amended to include as an additional insured any person representing you while participating In amateur athletic activities that you sponsor. The Insurance provided by this provision does not apply to: (a) "Bodily injury" to: (i) another participant, your "volunteer worker" or your "employee"; or you, or any partner or member, (if you are a partnership or joint venture), or any member (if you are a limited liability company); or (b) 'Property damage" to property; (i) owned, occupied or used by; r+f3 11.4 tr ICA nrli 0% In..,.,. A i cM C* 81 * 06/30/2025 * GLP3964834 04 Great American Assurance Company ORIGINAL COPY 253405 (if) rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by: any of your "employees", "volunteer workers", or any partner or member, (if you are a partnership or joint venture), or any member (if you are a limited liability company). U. ADDITIONAL INSURED - MANAGER OR LESSOR OF PREMISES 1. Section 11 - Who Is An Insured is amended to include as an additional insured any person or organization from whom you lease or rent property and which requires you to add such person or organization as an Additional Insured on this Policy under. (a) a written contract; or (b) an oral agreement or contract where a Certificate of Insurance showing that person or organization as an Additional Insured has been issued; but the written or oral contract or agreement must be an "insured contract", and: (1) currently in effect or become effective during the term of this Policy; and (11) executed prior to the "bodily injury", "property damage", "personal and advertising injury". 2. With respect to the insurance afforded to the additional insured identified in paragraph 1. above, the following additional provisions apply; (a) This insurance applies only, with respect to the liability arising out of the ownership, maintenance or use of that part of the premises leased to you. (b) The Limits of Insurance applicable to-the additional insured are the lesser of those specified in the written contract or agreement or in the Declarations for this Policy and subject to all the terms, conditions and exclusions for this Policy. The Limits of Insurance applicable to the additional insured are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. (c) In no event shall the coverages or Limits of Insurance in this Coverage Form be Increased by such contract. (d) Coverage provided herein is excess over any other valid and collectible insurance available to the additional insured whether the other insurance is primary, excess, contingent or on any other basis unless a written contractual arrangement specifically requires this insurance to be primary. (e) This insurance applies only to the extent permitted by law. 3. This insurance does not apply to: (a) Any "occurrence" or offense which takes place after you cease to be a tenant in that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured. AMA !4A A.Y R►.. A M�I� V.4 I.".. � w e �ew. C" S1 `06/30/2025 * GLP3964834 04 Great American Assurance Company ORIGINAL COPY 253405 V. ADDITIONAL INSURED - FUNDING SOURCES 1. Section II - -Who 1s An Insured is amended to include as an additional insured any Funding Source which requires you in a written contract to name the Funding Source as an additional insured but only with respect to liability arising out of; a. your premises; or b. "your work" for such additional insured; or c. acts or omissions of such additional insured in connection with the general supervision of "your work" and only to the extent set forth as follows: a. The Limits of Insurance applicable to the additional insured are the lesser of those specified in the written contract or agreement or in the Declarations for this Policy and subject to all the terms, conditions and exclusions for this Policy. The Limits of Insurance applicable to the additional insured are inclusive of and not in addition to the Limits of insurance shown in the. Declarations. b. The insurance afforded to the additional insured only applies to the extent permitted by law. c. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not. be broader than that which you are required by the contract or agreement to provide for such additional insured, d. In no event shall the coverages or Limits of Insurance in this Coverage Form be increased by such contract. W. ADDITIONAL INSUREDS » BY CONTRACT 1. Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured that are subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the offense resulting in "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or b. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or c. The additional insureds financial control of you; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and CG 91 15 (Ed. 05/18) (Pape 11 of 161 C"' S1•"06/30/2025 * GLP3964834 04 Great American Assurance Company ORIGINAL COPY 253405 2. If coverage provided to the additional insured is required by contract or agreement, the insurance afforded to such additional insured will not be broader than.that which you are required by the contract or agreement to provide such additional insured. With respect to paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in .connection with such work, on the project (other than service, maintenance or repairs) to be performed for or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to Its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same, project. With respect to paragraph 1.b. above, this insurance does not apply to any "Occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage" occurs, or prior to when any offense resulting in "personal and advertising injury" is committed. 2. With respect to the insurance provided by this endorsement, the following are added to paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This Insurance does not apply to: a. "Bodily injury" or "property damage" that occurs prior to your commencing operations at the location where such "bodily Injury" or "property damage" occurs. b. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering br surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even If the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and advertising Injury", involved the rendering of, or failure to render, any professional architectural, engineering or surveying services. c. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed for or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 91 15 (Ed. 05/1M fPadR 12 of 1131 C" S1 "06/30/2025 * GLP3964834 04 Great American Assurance Company ORIGINAL COPY 253405 (2) That portion of "your work" out of .which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. d. Any person or organization specifically designated as an additional Insured for, ongoing operations by a separate additional insured endorsement issued by us and made part of this Policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 'a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. X. PRIMARY AND NONCONTRIBUTORY ADDITIONAL INSURED EXTENSION , This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this Policy. Condition 4. Other Insurance of Section IV - Commercial General Liability Conditions is amended as follows: As respects any additional Insured, this insurance is excess unless: a. the additional insured is a named insured under such other insurance; or b. you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Y. ADDITIONAL INSUREDS - PROTECTION OF YOUR LIMITS This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this Policy. 1, The following is added to Condition 2. Duties In The Event,Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a: Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; as soon as practicable; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have Insurance available to the additional insured; and CG 911 15 (Ed. 05118) (Page 13 of 16) C* S1 "06/30/2025 * GLP3964834 04 Great American Assurance Company ORIGINAL COPY 253405 c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we, receive written notice of a "suit" by the additional insured. Z. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (SUBROGATION) Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others to Us: If required by a written contract or written agreement, we waive any right of recovery we may have against a person or organization because of payment we make for injury or damage arising out of your ongoing operations or "your work" done under a contract for that person or organization and included in the "products completed operations hazard" provided that the injury or damage occurs subsequent to the execution of the written contract or written agreement. AA. PROPERTY DAMAGE EXTENSION WITH VOLUNTARY PAYMENTS 1. The following is added to paragraph 1. Insuring Agreement of Section l - Coverage A - Bodily Injury And Property Damage Liability: At your request we will pay for "property damage" to property of others caused by your business operations. Such payment will be made without regard to your legal obligation to do so. The "property damage" must occur during the policy period and must take place in the "coverage territory". 2. With respect to the coverage afforded under paragraph 1. above, paragraph 2. Exclusions of Section I - Coverages A - Bodily Injury And Property Damage Liability is amended as follows: Exclusions j.(3), j.(4), j.(s) and 1,(6) are deleted„ 3. With respect to the coverage afforded under paragraph 1. above, Section Ill - Limits of Insurance is replaced by the following: 1. Subject to 2. below, the most we will pay for any one incident is $1,000. 2. The most we will pay for the sum of all "property damage" in the policy period is $5,000. This aggregate amount is part of and not in addition to the General Aggregate Limit described in paragraph 2. of Section III - Limits of insurance. BB. LIMITED FUNGI OR BACTERIA COVERAGE 1. The following are added to SECTION III - LIMITS OF INSURANCE: a. Subject to paragraphs 2. and 3. of SECTION III - LIMITS OF INSURANCE, as applicable, a Fungi and Bacteria Liability Aggregate Limit of $30,000 is the most we will pay under Coverage A for all "bodily Injury" or "property damage" and Coverage C for Medical Payments arising out of one or more "fungi or bacteria incidents". CG 91 i5 (Ed- 051101 (Pace 14 of 18) C" S$*06/3012025*GLP3964834 04 Great American Assurance Company ORIGINAL COPY 253405 b. Paragraphs 5.,,the Each Occurrence Limit, paragraph 6., the Damage to Premises Rented to You Limit, and paragraph 7., the Medical Expense Limit, of SECTION III - LIMITS OF INSURANCE continue to apply to "bodily injury" or "property, damage" arising out of a "fungi or bacteria incident" but only if, and to the extent that, limits are available under the Fungi and Bacteria Liability Aggregate Limit, Ii. The following definitions are added to the Definitions Section: a. "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. la. "Fungi or bacteria incident" means an incident which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage. A "fungi or bacteria incident" does not include the ingestion of "fungi" or bacteria that are, are on, or are contained in, a good or product intended for bodily consumption. Any Fungi or Bacteria Exclusions that may apply to the Commercial General Liability Coverage Form do not apply to this Additional Coverage. DD. WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSTION - MANAGEMENT EMPLOYEES 1. The following is added to paragraph 2.a.(1) of SECTION II - WHO IS AN INSURED: Paragraph (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, including the direct supervision of other "employee" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury": a. arising out of "bodily injury" excluded by Section I - Coverage A, Exclusion 2.a.; b. arising out of "personal and advertising injury" excluded by Section I - Coverage B, Exclusion 2.a; and c. caused in whole or in part by their intoxication by liquor or controlled substances. When an "employee" is an insured under this section, this coverage is excess over any other valid and collectable insurance available to them. EE. WHO IS AN INSURED - EDUCATORS i. The following is added to paragraph 2. Of SECTION II - WHO IS AN INSURED: a. school administrators, student teachers, substitute teachers and teaching assistants. b. your students participating in a supervised internship program in satisfaction of curriculum requirement, but only while performing services or activities within the scope of the internship program. c. parent-teacher organizations or associations are Insured, but only if the organization or association is under the direct supervision of you governing board and only while performing services or activities authorized by you. A parent-teacher organization or association is not an insured If it is insured under any other insurance. CG 91 15 (Ed. 05/181 Waae 15 of 16) C . S1,w 06/30/2025 * GLP3964834 04, Great American Assurance Company ORIGINAL COPY 253405 FF. BROADENED PERSONAL AND ADVERTISING INJURY 1. Unless "Personal and Advertising Injury" is excluded from this Policy, the following is added to SECTION V - DEFINITIONS Item 14„ h. mental injury, mental anguish, humiliation, or shock, if directly resultingfrom Items 14.a. through 14.e. GG. EDUCATIONAL BROADCASTING AND PUBLICATION - PERSONAL AND ADVERTISING INJURY i. Under paragraph 2. Exclusions of SECTION 1 - COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, provision j.(1) does not apply to your activities as an educational institution. CG 91 15 (Ed. 051181 !PROP 16 nf 1 s) C W 51 "U6/30/2025 * ULF3964834 04 GreatAmerican Assurance Company ORIGINAL COPY 253405 IL 02 70 (Ed.07120) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE-READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY)COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INNND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RENTED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDO"COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common risks. Policy Condition are replaced by the following: (2) Discovery of fraud or material 2. All Policies In Effect For 60 Days Or Less misrepresentation by: If this policy has been in effectfor 60 days or less, (a) Anyinsuredorhis or her and is not a renewal of a policy we have representative in obtainingthis insurance; previously issued,we may cancel this policy by or mailing or delivering to'the first Named Insured, (b) You or your representative in pursuing a at the mailing address shown in the policy,and claim under this policy. to the producerof record,advance written notice (3)A judgment by a court or an administrative of cancellation, stating the reason for tribunal that you have violated a California or cancellation, at least: Federal law, having as one of its necessary a. 10 days before the effective date of elements an act which materially increases cancellation if we cancel for: any of the risks insured against. (1) Nonpayment of premium;or (2) Discovery of fraud by: . (a)Any insured or his or her representative in obtaining this insurance;or (b)You or your representative in pursuing a claim under this policy. b. 30 days before the effective date cf cancellation if we ' cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a.If this policy has been in effectfor more■than 60 days, or is a renewal of a policy we issued, we.may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1)Nonpayment of premium, including payment due on a prior policywe issued and dueduring the current policy term covering the same ©Insurance Services Office,Inc.,2020 IL 02 70(Ed. 07/20) (Pagel of4) c* S1 6/30/20245 *GLP3964834 04 GreatAmerican Assurance Company ORIGINAL COPY 253405 (4)Discovery of willful or grossly negligent acts a. If such coverage has been in effectfor60 days or omissions, or of any violations of state or less, and is, not a renewal of coverage we laws or regulations establishing safely previously issued,we may cancel this coverage standards, by you or your representative, for any'reason,except as provided in b. and c. which materially increase any of the risks below. insured against. b.We may not,cancel this policy,.,solely because (5)Failure by you or your representative to the first Named Insured has: implement reasonable loss control (1)Accepted an offer of earthquake coverage; requirements, agreed to by you as a or condition of policy issuance, or which were (2) Cancelled ordid,not renew a policy issued conditions precedent to our use of a by the California EarthquakeAuthority(CA) particular rate or rating plan, if that failure that included an earthquake policy premium materially increases any of the risks insured surcharge. against. However,we shall cancel this policy if the first (6)A determination by the Commissioner of Named Insured hasaccepted a newor renewal Insurance that the: policy issued by the C^ that includes an (a)Loss of,or changes in, our reinsurance earthquake policy premium surcharge, but fails covering all or part of the risk would to a the,earth uake threaten our financial integrity or pay q policy premium surcharge authorized by the CA. solvency;or c. We may not cancel such coverage solely (b) Continuation of the policy coverage because corrosive soil conditions exist, on the would: premises. This restriction (c.) applies only if- (I) Place us in violation of California law coverage is subject to' one' of the following, or the laws of the state where we are which exclude loss or damage caused by or domiciled;or resulting■from corrosive-soil conditions: (H) Threaten our solvency. (1) Commercial Property Coverage Part - (7)A change by you or your representative in Causes'Of Loss'-Special Form;or the , activitiesor propertyof the commercial (2) Farm Coverage Part - Causes 'Of Loss or industrial enterprise, which results in a Form - 'Farm' Property, Paragraph' D. materially added,increased orchanged risk, Covered Causes'OfLoss-Special. unless the added,increased orchanged risk is included in the policy. b. We will mail or deliver advance written "°"6eof canaeuation stating the reaso"for raneellation,to the first Named Insured, at the mailnig ad dross shown m the p°licy,and to the producer of record,at least: (1)10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud;or (2)30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following provision is added to the Cancellation Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and,consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part Farm Property-Farm Dwellings, .Appurtenant Structures And Household Personal Property Coverage Form ©. insurance Se"ices Off ice,Inc., 2020 IL 02 70(Ed.07/20) (Page 2 of4) ;1 * 6/30/2025 * GLP3964834 04 Great Arnerican Assurance Company ORIGINAL COPY 253405 d. If a state of emergency underCalifornia Law is Farm Coverage Part - Farm Property - declared and the residential property is located Farm Dwellings, Appurtenant Structures in any ZIP Code within or adjacent to the fire And Household Personal Property perimeter,as determi ned by Californ is Law,we Coverage Form may not cancel this policy for one year, a. If this policy provides coverage as described in beginning from the date the state of emergency the preceding paragraph,and we elect not to is declared, solely because the dwelling or renewthis policy,we will mail or deliverwritten other structure is located in an area in which a notice,stating the reason fo r n o n re n ewa 1,to the wildfire has occurred.However,we may cancel: first Named Insured shown in the Declarations, (1) ^en you have not paid the premium,at any and to the producer of record, at the mailing time by letting you know at least 10 days address shown in the policy,at least 75 days, before the date cancellation takes effect; but not more than 120 days, before the (2) If willful or grossly negligent acts or expiration or anniversary date, omissions by the Named Insured,or his or If we fail to give the first Named Insured shown her representatives, are discovered that in the Declarations noticeof nonrenewal at least materially increase any of the risks insured 75 days prior to the policy expiration, as against;or required in the paragraph above, this policy, r (3) If there are physical changes in the property with no change in its terms and conditions,shall insured against, beyond the catastrophe- remain in effect for 75 days from the date that damaged condition of the structures and the notice of nonrenewal is delivered ormailed surface landscape, which result in the to the Named Insured. A notice to this effect property becoming uninsurable. shall be provided by us to the first Named C. The following is added and supersedes any provisions Insured with'the notice of nonrenewal, - torthe contra": b. We may elect not to renew such coverage for Noneenewal - any;'reason,except as provided in Paragraphs 1. Subject to the provisions of Paragraphs C.2. and c.,d.and e. below. c. We will not refuse to renew such covers C.3. below,if we elect not to renew this policy,we solely because the first Named Insured has ge will mail ordeliverwritten notice,statingthe reason accepted an offer of earthquake coverage. for nonrenewal,to the first Named Insured shown in the Declarations,and to the producerof record, However,the following applies onlyto insurers at least 60 days, but not more than 120 days, who are associate participating insurers as before the expiration or anniversary date. established by Cal. Ins. Code Section We will mail ordeliverour notice tothe first Named 10089.16. We may elect not to renew such Insured, and to the producer of record, at the coverage after the first Named Insured has accepted an offer of earthquake coverage, if mailing address shown in the policy, one or more tf the following reasons applies: 2. Residential Property -This provision applies to coverage on real property (1)The nonrenewal is based on soundundenting principles that relate to the used predominantly for residential purposes and coverages provided by this policy and that consistingof not more than fourdwelling units,and are consistent with the approve rating plan to coverage on tenants' household proper and related documents filed with the contained in a residential Unit, if such coverage is Department of Insurance as required by written under one of the following: existing law; Commercial Property Coverage Part CO Insurance Se"ices Office, Inc.,2020 ■(Page 3 of 4) IL 02 70.(Ed..07120) C*S1 ' 6/30/2025 * GLP3964834 04 Great American Assurance Company ORIGINAL COPY 253405 (2) The Commissioner of Insurance findsthatthe (3) (3) If there are physical changes in the exposure to potential losses will threaten our property insured against, beyond the solvency or place us in a hazardous condition, catastrophe-damaged condition of the A hazardous condition includes, but is not structures and surface landscape, which limited to, a condition in which we make claims resultin the property becoming uninsurable. payments for losses resulting from an 3.We are not required to send notice of nonrenewal in earthquake that occurred within the preceding the following situations: too years and that required a reduction in policyholdersurplusofatleast25%forpayment s• If the transferor renewal of a policy,without. of those claims;or any changes in terms, .conditions or rates, is _ {3)We have: beAeen us and a memberof our insurance group. b. If the policy has been extended for 90 days or (a)Lost or experienced a substantial reduction less, provided that notice has been given in in the availability or scope of reinsurance accordance with Paragraph C.I. coverage;or c. If you have obtained replacement coverage,or (b)Experienced a substantial increase in •the if thefirst Named Insured has agreed,in writing, premium charged for reinsurance average within 60 days of the termination of the policy,to of our residential property insurance obtain that coverage. policies;and d. If the policy is for a period of no more than 60 the Commissioner has approved a plan forthe days and you are notified atthe time of issuance nonrenewals that is fairand equitable,and that that itwill not be renewed. is responsive to the changes in our reinsurance elf the firstNamed Insured requests a change'in position. the terms or conditions or risks covered by the d. We will not refuse to renew such coverage solely policy within 60 days of the end of the policy because the first Named Insured has cancelled or period. did not renew a policy, issued by the California f.- If we have made a written offerto the first Earthquake Authority,that included an earthquake Named ^insured, in accordance with the policy premium surcharge. timeframes shown in Paragraph C.1.,to renew e. We will not refuse to renew such coverage solely the policy under changed term s o r cc nd itions or because corrosive soil conditions exist on the at an increased premium rate, when the premises. This restriction (e.) applies only if increase exceeds 25%. coverage is subject to one of the following,which exclude loss or damage caused by or resulting from corrosive soil conditions: (1)Commercial Property Coverage Part- Causes Of Loss-Special Form;or (2) Farm Coverage Part- Causes Of Loss Form- Farm Property, Paragraph D. Covered Causes Of Loss-Special. f. If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter, as determined by California Law, we may not nonrenew this policy for one year, beginningfrom the date the state of emergency is declared, solely because the dwelling or other structure is located in an area in'which a wildfire has occurred. However,we may nonrenew: (1) If willful or grossly negligent acts or omissions by the Named Insured, or-his or her representatives, are discovered that materially increase any of the risks insured against; (2)If losses unrelated to the postdisaster loss condition of the property have , occurred that would collectively render the risk ineligible for renewal;or ©Insurance Se"ices Office,Inc.,2020 IL 02 70 (Ed. 07/20) (Page 4 of 4) CA 86 20 (Ed. 0 5116) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SIGNATURE BUSINESS AUTO BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following form: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the policy, the provisions of this endorsement apply. This is a summary of the various additional coverages and coverage modifications provided by this endorsement. For complete details on specific coverages, consult the actual policy wording. Coverage Limit of Insurance Page Who is an Insured - Employees, Partners, Members, Included 2 Volunteers and Board Members Automatic Additional Insureds - By Contract and Primary and Included 2 Non-Contributory Provision Leased Auto Coverage Included 3 Owned Subsidiaries and Newly Acquired or Formed Included 4 Organizations Supplementary Payments - Ball Bonds $5,000 4 Supplementary Payments - Loss of Earnings $1,000 per day 4 Fellow Employee Included 5 Physical Damage Coverage Extensions - Towing $200 - any auto 5 Physical Damage Coverage Extensions - Glass Breakage No Deductible 5 Physical Damage Coverage Extensions - Transportation $100 per day, $3,000 max 5 Expenses Hired Auto Physical Damage Coverage $100 per day, $3,000 max 5 $500 - personal items, $1,000 - Total Theft of a Covered Auto reasonable expenses to return stolen auto 6 Auto Loan 1 Lease Gap Protection Included 6 Customization Coverage $2,000 7 CA 86 20 (Ed. 05116) lPaae 1 of 91 Coverage Limit of Insurance Page Newly Acquired Owned Autos and Donated Autos Physical $100,000 7 Damage Coverage $100 per day up to 30 days 8 Rental Reimbursement Coverage $500 for reasonable expenses to remove and replace your materials and equipment 8 Accidental Discharge - Airbag Coverage Included 8 Original Equipment Manufacturer OEM Part Replacement Included 8 Multiple Deductibles Included 8 Notice and Knowledge of Occurrence - Duties in the Event of Included 8 Accident, Claim, Suit or Loss Blanket Waiver of Subrogation By Written Contract Included g Unintentional Failure to Disclose Hazards Included g Mental Anguish Included g A. WHO IS AN INSURED - EMPLOYEES, PARTNERS, MEMBERS, VOLUNTEERS AND BOARD MEMBERS SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. 1. Who is An Insured is amended by adding the following: d. Any "employee", partner or member of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. e. Anyone volunteering services to you while using a covered "auto" you don't own, hire or borrow in activities necessary to your business. Anyone else who furnishes that "auto" is also an "insured". f. Board members (or their spouses) while renting a vehicle while on business for the named insured. B. AUTOMATIC ADDITIONAL INSUREDS - BY CONTRACT AND PRIMARY AND NON-CONTRIBUTORY PROVISION SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. 1. Who is An Insured is amended to include as an Insured any person or organization whom you are required to add as an Additional Insured on this policy under: a. a written contract or written agreement: (1) in effect on the date of the "accident"; and CA 86 20 fEd. 05116) (Pace 2 of 9) (2) signed by all parties prior to the "accident." This person or organization is an Additional Insured only to the extent you are liable for an "accident" caused, in whole or in part, by the use of a covered "auto" being driven by you or any "insured." However; a. the insurance afforded to such Additional Insured only applies to the extent permitted by law; and b. if coverage provided to the Additional Insured is required by a written contract or written agreement, the insurance afforded to such Additional Insured will not be broader than that which you are required by the written contract or written agreement to provide for such Additional Insured. With respect to insurance provided to an Additional Insured the following provisions apply: a. This insurance is primary to and will not seek contribution from any other insurance available to an Additional Insured under your policy provided that: (1) The Additional Insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. b. When a written contract or written agreement does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the Additional Insured is designated as a Named Insured. c. Regardless of the written contract or written agreement between you and an Additional Insured, this insurance is excess over any other insurance whether primary, excess, contingent or any other basis for which the Additional Insured has been added as an additional insured on other policies. d. If coverage provided to the additional insured is required by a written contract or written agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the written contract or written agreement; or (2) Available under the applicable Limits of Insurance show in the Declarations; whichever is less. C. LEASED AUTO COVERAGE With respect to insurance provided to an Additional Insured who is a lessor of a "leased auto" the following provisions apply: SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage is amended by adding the following: Any "leased auto" designated or described in the Schedule will be considered a covered "auto" you own and not covered "auto' you hire or borrow. For a covered "auto" that is a 'leased auto' Who Is An Insured is changed to include as an "Insured" the lessor. The coverages provided under this endorsement apply to any 'leased auto" described in the CA 86 20 (Ed. 05116) (Paae 3 of 9) Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto," whichever occurs first. SECTION IV - BUSINESS AUTO CONDITIONS, A.4. Loss Payment - Physical Damage Coverages is amended by adding the following: a. We will pay, as interest may appear, you and the lessor for "loss" to a "leased auto." b. The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or omissions on your part. c. If we make any payment to the lessor, we will obtain his or her rights against any other party. SECTION V - DEFINITIONS is amended by adding the following definition: "Leased auto" means any "auto" leased or rented to you including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. D. OWNED SUBSIDIARIES AND NEWLY ACQUIRED OR FORMED ORGANIZATIONS SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. 1. Who is An Insured is amended by adding the following: The following are "insureds": a. Any subsidiary which is a legally incorporated entity of which you maintain ownership or majority interest on the effective date of this Coverage Form except: (1) Any subsidiary that is an insured under any other automobile liability policy. (2) Any subsidiary which would be an insured under any other automobile liability policy but for the termination of such policy or exhaustion of such policy's Limits of Insurance. b. Any organization you newly acquire or form, and in which you maintain ownership or majority interest, but only for the period beginning when you first maintained majority interest until the end of the policy period of this Coverage Form, or the next anniversary of the inception date of this Coverage From, whichever is earlier. However, the newly acquired or formed organization is not an "Insured": (1) For "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization. (2) If it is an insured under any other automobile liability policy or would be an insured under any other automobile liability policy but for the termination of such policy or exhaustion of such policy's Limits of Insurance. E. SUPPLEMENTARY PAYMENTS SECTION II - COVERED AUTOS LIABILITY COVERAGE, A.2.a.(2) is deleted and replaced with the following: (2) Up to $5,000 for cost of bail bands (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. SECTION II - COVERED AUTOS LIABILITY COVERAGE, A.2.a.(4) is deleted and replaced with the following: CA 86 20 (Ed. 05116) (Pane 4 of 9) (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earnings up to $1,000 a day because of time off from work. F. FELLOW EMPLOYEE SECTION 11 - LIABILITY COVERAGE is amended to add the following after Paragraph B.5.b: This exclusion does not apply to "bodily injury" resulting from the use of a covered "auto" you own or hire. Coverage afforded by this section is excess over any other collectible insurance. G. PHYSICAL DAMAGE COVERAGE EXTENSIONS - TOWING SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing is deleted in its entirety and replaced with the following: 2. Towing We will pay up to $200 for towing and labor costs incurred each time a covered "auto" is disabled. However, the labor must be performed at the place of disablement. No deductible applies to this enhancement. H. PHYSICAL DAMAGE COVERAGE EXTENSIONS - GLASS BREAKAGE SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 3. Glass Breakage - Hitting a Bird or Animal - Falling Objects or Missiles is amended by adding the following: No deductible for covered "autos" applies to "loss" resulting from glass breakage. I. PHYSICAL DAMAGE COVERAGE EXTENSIONS - TRANSPORTATION EXPENSES SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. is deleted in its entirety and replaced with the following: a. Transportation Expenses We will pay up to $100 per day to a maximum of $3,000 for temporary transportation expense incurred by you because of "loss" to a covered "auto". We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred until the covered "auto" is returned to use or we pay for its "loss," regardless of the policy's expiration. We will pay under this coverage extension only that amount of Transportation Expenses which is not already provided under 0. Rental Reimbursement Coverage of this endorsement. J. HIRED AUTO PHYSICAL DAMAGE COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, is amended to add the following: HIRED AUTO PHYSICAL DAMAGE COVERAGE If Comprehensive Coverage, Specified Causes of Loss or Collision Coverage is shown in the Declarations for any covered "auto", then the same type of Physical Damage Coverage is provided for any Hired Auto, subject to the following: a. The most we will pay for any one "accident" or "loss" the lesser of: (1) the actual cash value of the covered "auto" at the time of the "loss"; or CA 86 20 (Ed. 051161 (Pace 5 of 9) (2) the actual cost to repair or replace such covered "auto" at the time of the "loss." b. The Limit of Insurance as determined under Paragraph J.a., above, will be reduced by any applicable Comprehensive or Collision deductible for each covered "auto." This deductible will be equal to the largest deductible applicable under any coverage for such covered "auto." No deductible applies to "loss" caused by fire or lightning. c. The coverage provided by this coverage extension will be excess over any other collectible insurance. d. Subject to Paragraphs J.a, J.b and J.c, above, we will provide the broadest coverage applicable to any covered "auto" shown in the Declarations. e. For coverage provided under this coverage extension, the last sentence of Paragraph A.4.b under SECTION ill - PHYSICAL DAMAGE COVERAGE, is deleted and replaced with the following: However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3,000 per "accident" if loss of use results from an "accident" for which you are legally liable and the lessor incurs a financial loss. K. TOTAL THEFT OF A COVERED AUTO SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, is amended to add the following: Total Theft of a Covered Auto In the event of the total theft of a covered "auto": a. Coverage includes personal items in the covered "auto" at the time of loss up to a maximum of $500. No deductible applies to this coverage. b. We will pay reasonable expenses for returning the stolen covered "auto" to you once it is recovered, up to a maximum of $1,000. No deductible applies to this coverage. L. AUTO LOAN 1 LEASE GAP PROTECTION SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, is amended to add the following: In the event of a total "loss" of a covered "auto" shown in the Declarations for which Physical Damage Coverage is provided, we will provide coverage for any unpaid amount due on the lease or loan for such covered "auto," less the following: a. The amount paid under the Physical Damage Coverage Section of the Policy for that covered "auto", and b. Any: (1) overdue lease or loan payments at the time of the "loss"; (2) financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) security deposits not returned by the lessor; CA 86 20 (Ed. 05116) (Paae 6 of 9) (4) costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) carry-over balances from previous loans or leases. M. CUSTOMIZATION COVERAGE SECTION III - PHYSICAL, DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, is amended to add the following: a. We will pay with respect to a covered "auto" for "loss" to automobile customization which includes special carpeting and insulation, height - extended roofs and custom murals, paintings, vinyl wraps or other details or graphics. b. our limit of liability for "loss" to automobile customizations in any one "loss" shall be the least of: (1) the actual cash value of the stolen or damaged property; (2) the amount necessary to repair or replace the property; or (3) $2,000. This coverage does not apply to electronic equipment. N. NEWLY ACQUIRED OWNED AUTOS AND DONATED AUTOS PHYSICAL DAMAGE COVERAGE SECTION ill - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, is amended to add the following: If Comprehensive, Specified Causes of Loss, or Collision Coverage is provided by this Policy, the coverage is extended to apply to Physical Damage "loss" to your newly acquired owned "autos" and donated autos. We will provide the broadest coverage available to any covered "auto" shown in the Declarations. The most we will pay for "loss" to a newly acquired "auto" or donated auto is the least of: a. the actual cash value of the damaged or stolen property as of the time the "loss," or your actual cost of purchase of the newly acquired "auto", whichever is more; b. the actual cost of: (1) replacing the damaged or stolen property with other property of like kind and quality; or (2) repairing the damaged property. without deduction for depreciation; or C. $100,000. However, the most we will pay for all covered physical damage "loss" for newly acquired autos and donated autos occurring during the policy period shown on the Declarations is $100,000, For each newly acquired "auto" our obligation to pay "loss" will be reduced by a deductible equal to the highest deductible applicable to any "auto" for that coverage. No deductible will be applied to "loss" caused by fire or lightning. CA 86 20 (Ed. 05116) (Paae 7 of 9) Coverage under this Extension, for newly acquired owned "autos" is afforded until you notify us to add the newly acquired owned vehicle to your auto schedule or until the end of the policy period, whichever is earlier. O. RENTAL REIMBURSEMENT COVERAGE EXTENSION SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, is amended to add the following: For those covered "autos" for which you carry Comprehensive or Specified Cause of Loss Coverage: We will pay up to $100 per day, for up to 30 days, for Rental Reimbursement Expenses incurred by you for the rental of an "auto" because of a "loss" to a covered "auto". We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto". We will pay under this coverage extension only that amount of your Rental Reimbursement Expenses which is not already provided under I. Transportation Expenses of this endorsement. P. ACCIDENTAL DISCHARGE - AIRBAG COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B.3.a is deleted and replaced with the following: a. Wear and tear, freezing, mechanical or electrical breakdown, but this exclusion does not apply to "loss" due and confined to the accidental discharge of an airbag. No deductible applies to this coverage. Q. ORIGINAL EQUIPMENT MANUFACTURER (OEM) PART REPLACEMENT SECTION III - PHYSICAL DAMAGE, C. Limit of Insurance, Paragraph 1. is amended to include: We will pay the cost to replace the damaged parts (excluding glass and mechanical parts) with new Original Equipment Manufacturer (OEM) replacement parts if the damage parts cannot be repaired. R. MULTIPLE DEDUCTIBLES SECTION III - PHYSICAL DAMAGE, D. Deductible, is amended to add the following: When two or more covered "autos" sustain "loss" in a single incident, a single Physical Damage deductible will apply to the total "loss" for all covered "autos." That deductible will be the largest of all deductibles applying to any of the covered "autos" involved in the single incident. S. NOTICE AND KNOWLEDGE OF OCCURRENCE - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is deleted and replaced with the following: a. In the event of "accident," claim, "suit" or "loss," you must give us or our authorized representative notice as soon as practicable of the "accident" or "loss" after the "accident" or "loss" is known to you (if you are an individual), one of your partners (if you are a partnership), or one of your officers or any personnel responsible for insurance, risk management, or loss prevention (if you are a corporation). Notice shall include: (1) How, when and where the "accident" or "loss" occurred; CA 86 20 (Ed. 05/16) (Paae 8 of 9) (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.2.b(2) is deleted and replaced with the following: (2) As soon as practicable send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit" after the claim or "suit" is known to you (if you are an individual), one of your partners (if you are a partnership), or one of your officers or any personnel responsible for insurance, risk management, or loss prevention (if you are a corporation). T. BLANKET WAIVER OF SUBROGATION BY WRITTEN CONTRACT SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.5 is amended to add the following: However, we waive any right of recovery we may have against any person or organization to the extent required of you by a written contract or written agreement signed by all parties prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such written contract or written agreement. The waiver applies only to the person or organization designated in such written contract or written agreement. U. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B.2. is amended to add the following: Failure of the "Insured" to disclose all exposures or hazards existing as of the effective date of this Coverage Form will not invalidate or adversely affect coverage for such exposure or hazard, provided such failure is not intentional on the part of the "Insured". However, you must report the undisclosed exposure or hazard to us as soon as practicable after you discover the exposure or hazard. V. MENTAL ANGUISH The definition of "Bodily Injury" in SECTION V - DEFINITIONS is replaced by the following: "Bodily Injury" means physical injury, sickness or disease sustained by a person including death resulting from any of these. "Bodily Injury" also means mental injury, mental anguish, humiliation or shock if directly resulting from physical injury, sickness or disease to that person. CA 86 20 (Ed. 05116) (Paae 9 of 9) Policy Number: GLP3964834 04 PI-GLD-HS (10111) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: HUMAN SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies,the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages,consult the policy contract wording. Coverage Applicable Limit of Insurance Page# Extended Property Damage Included 2 Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Non-Owned Watercraft Less than 58 feet 2 Damage to Property You Own, Rent, or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3 HIPAA Clarification 4 Medical Payments $20,000 5 Medical Payments—Extended Reporting Period 3 years 5 Athletic Activities Amended 5 Supplementary Payments—Bail Bonds $5,000 5 Supplementary Payment—Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5 Key and Lock Replacement—Janitorial Services Client Coverage $10,000 limit 6 Additional Insured—Newly Acquired Time Period Amended 6 Additional Insured—Medical Directors and Administrators Included 7 Additional Insured--Managers and Supervisors (with Fellow Included 7 Employee Coverage) Additional Insured—Broadened Named Insured Included 7 Additional Insured—Funding Source Included 7 Additional Insured—Home Care Providers Included 7 Additional Insured—Managers, Landlords, or Lessors of Premises Included 7 Additional Insured—Lessor of Leased Equipment Included 7 Additional Insured—Grantor of Permits Included 8 Additional Insured—Vendor Included 8 Additional Insured—Franchisor Included 9 Additional Insured—When Required by Contract Included 9 Additional Insured—Owners, Lessees, or Contractors Included 9 Additional Insured—State or Political Subdivisions Included 10 Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©Great American Assurance Company PI-GLD-HS(10/11) Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10 Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11 Bodily Injury—includes Mental Anguish Included 11 Personal and Advertising Injury—includes Abuse of Process, Included 11 Discrimination A. Extended Property Damage SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury" or property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. B. Limited Rental Lease Agreement Contractual Liability SECTION I--COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following: (3) Based on the named insured's request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client. C. Non-Owned Watercraft SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. D. Damage to Property You Own, Rent or Occupy SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. O Great American Assurance Company PI-GLD-HS (10/11) LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity,for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property, unless the damage to property is caused by your client, up to a$30,000 limit. A client is defined as a person under your direct care and supervision. E. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word "fire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protective systems"where it appears in: a. The last paragraph of SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III— LIMITS OF INSURANCE. b. SECTION III—LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V—DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1) (a) (11) 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: Page 3 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. OO Great American Assurance Company PI-GLD-HS (10111) a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. F. HIPAA SECTION I—COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, is amended as follows: 1. Paragraph 1. Insuring Agreement is amended to include the following: We will pay those sums that the insured becomes legally obligated to pay as damages because of a"violation(s)" of the Health Insurance Portability and Accountability Act (HIPAA). We have the right and the duty to defend the insured against any"suit," "investigation," or"civil proceeding" seeking these damages. However, we will have no duty to defend the insured against any"suit" seeking damages, "investigation," or"civil proceeding" to which this insurance does not apply. 2. Paragraph 2. Exclusions is amended to include the following additional exclusions: This insurance does not apply to: a. Intentional,Willful, or Deliberate Violations Any willful, intentional, or deliberate"violation(s)" by any insured. b. Criminal Acts Any"violation"which results in any criminal penalties under the HIPAA. c. Other Remedies Any remedy other than monetary damages for penalties assessed. d. Compliance Reviews or Audits Any compliance reviews by the Department of Health and Human Services. 3. SECTION V—DEFINITIONS is amended to include the following additional definitions: a. "Civil proceeding" means an action by the Department of Health and Human Services (HHS) arising out of"violations." b. "Investigation" means an examination of an actual or alleged "violation(s)" by HHS. However, "investigation" does not include a Compliance Review. c. "Violation" means the actual or alleged failure to comply with the regulations included in the HIPAA. Page 4 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. O Great American Assurance Company PI-GLD-HS (10/11) G. Medical Payments— Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III -LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I—COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident. H. Athletic Activities SECTION I—COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. 1. Supplementary Payments SECTION I—COVERAGES, SUPPLEMENTARY PAYMENTS -COVERAGE A AND B are amended as follows: 1. b. is deleted in its entirety and replaced by the following: 1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to $1,000 a day because of time off from work. J. Employee Indemnification Defense Coverage SECTION I—COVERAGES, SUPPLEMENTARY PAYMENTS—COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding occurring in the course of employment. The most we will pay for any"employee"who is alleged to be directly involved in a criminal proceeding is$25,000 regardless of the numbers of"employees," claims or"suits" brought or persons or organizations making claims or bringing "suits. Page 5 of 12 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ©Great American Assurance Company PI-GLD-HS (10/11) K. Key and Lock Replacement--Janitorial Services Client Coverage SECTION I—COVERAGES, SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended to include the following: We will pay for the cost to replace keys and locks at the"clients" premises due to theft or other loss to keys entrusted to you by your"client," up to a $10,000 limit per occurrence and $10,000 policy aggregate. We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, "employees", "managers", directors, trustees, authorized representatives or any one to whom you entrust the keys of a"client" for any purpose commit,whether acting alone or in collusion with other persons. The following, when used on this coverage, are defined as follows: a. "Client"means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee" means: (1) Any natural person: (a) While in your service or for 30 days after termination of service; (b) Who you compensate directly by salary, wages or commissions; and (c) Who you have the right to direct and control while performing services for you; or (2) Any natural person who is furnished temporarily to you: (a) To substitute for a permanent"employee"as defined in Paragraph (1) above, who is on leave; or (b) To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. (3) "Employee"does not mean: (a) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character; or (b) Any"manager," director or trustee except while performing acts coming within the scope of the usual duties of an "employee." c. "Manager" means a person serving in a directorial capacity for a limited liability company. L. Additional Insureds SECTION II—WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ©Great American Assurance Company PI-GI.D-HS (10/11) Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Medical Directors and Administrators—Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. b. Managers and Supervisors—Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your"employees" are also insureds for"bodily injury" to a co- "employee"while in the course of his or her employment by you or performing duties related to the conduct of your business. This provision does not change Item 2.a.(1)(a)as it applies to managers of a limited liability company. c. Broadened Named Insured—Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. d. Funding Source—Any person or organization with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers—At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. f. Managers, Landlords, or Lessors of Premises--Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: (1) Any"occurrence"which takes place after you cease to 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 Page 7 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©Great American Assurance Company PI-GLD-HS (10/11) 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. L Vendors—Only with respect to"bodily injury" or"property damage" arising out of"your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to.- (a) "Bodily injury" or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Page 8 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. O Great American Assurance Company PI-GLD-HS (10/11) (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: (1) The exceptions contained in Sub-paragraphs (d) or(f); or (11) 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. r 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. Page 9 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©Great American Assurance Company PI-GLD-HS (10/11) m. State or Political Subdivisions Any state or political subdivision as required, subject to the following provisions: (1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. (2) This insurance does not apply to: (a) 'Bodily injury,""property damage"or"personal and advertising injury"arising out of operations performed for the state or municipality; or (b) 'Bodily injury" or"property damage" included within the "products-completed operations hazard." M. Duties in the Event of Occurrence, Claim or Suit SECTION IV--COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows: a. is amended to include: This condition applies only when the"occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. b. is amended to include: This condition will not be considered breached unless the breach occurs after such claim or"suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. N. Unintentional Failure To Disclose Hazards SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. O. Transfer of Rights of Recovery Against Others To Us SECTION IV--COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of Page 10 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. O Great American Assurance Company PI-GID-HS (10/11) Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit"or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. P. Liberalization SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. Q. Bodily Injury—Mental Anguish SECTION V—DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. R. Personal and Advertising Injury—Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of"personal and advertising injury" is amended as follows: 1. SECTION V—DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process; 2. SECTION V—DEFINITIONS, Paragraph 14. is amended by adding the following: Discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment,former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 0 Great American Assurance Company PI-GLD-HS (10111) 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. Page 12 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ®Great American Assurance Company 4. Other Insurance (3) When this insurance is excess over other If other valid and collectible insurance is available insurance, we will pay only our share of the to the insured for a loss we cover under amount of the loss, if any, that exceeds the Coverages A or B of this Coverage Part, our sum of: obligations are limited as follows: (a) The total amount that all such other a. Primary Insurance insurance would pay for the loss in the This insurance is primary except when absence of this insurance; and Paragraph b. below applies. If this insurance is (b) The total of all deductible and self- primary, our obligations are not affected unless insured amounts under all that other any of the other insurance is also primary. insurance. Then, we will share with all that other (4) We will share the remaining loss, if any, insurance by the method described in with any other insurance that is not Paragraph c. below. described in this Excess Insurance b. Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance (1) This insurance is excess over: shown in the Declarations of this Coverage (a) Any of the other insurance, whether Part. primary, excess, contingent or on any c. Method Of Sharing other basis: If all of the other insurance permits contribution (') T hat is Fire, Extended Coverage," by equal shares, we will follow this method similar coverage for"your Builder's Risk, Installation Risk or also. Under this approach each insurer work"; contributes equal amounts until it has paid its (ii) That is Fire insurance for premises applicable limit of insurance or none of the loss rented to you or temporarily remains, whichever comes first. occupied by you with permission of If any of the other insurance does not permit the owner; contribution by equal shares, we will contribute (iii) That is insurance purchased by you by limits. Under this method, each insurer's to cover your liability as a tenant for share is based on the ratio of its applicable "property damage" to premises limit of insurance to the total applicable limits of rented to you or temporarily insurance of all insurers. occupied by you with permission of 6, Premium Audit the owner; or (iv) if the loss arises out of the a• We will compute all premiums for this maintenance or use of aircraft, Coverage Part in accordance with our rules "autos" or watercraft to the extent not and rates. subject to Exclusion g. of Section I — b. Premium shown in this Coverage Part as Coverage A — Bodily Injury And advance premium is a deposit premium only. Property Damage Liability. At the close of each audit period we will (b) Any other primary insurance available to compute the earned premium for that period you covering liability for damages and send notice to the first Named Insured. arisingout of the The due date for audit and retrospective premises or premiums is the date shown as the due date operations, or the products and on the bill. If the sum of the advance and audit completed operations, for which you have been added as an additional premiums paid for the policy y period is greater insured. than the earned premium, we will return the excess to the first Named Insured. no duty under Coverages A or IS to defend (2) When this insurance is excess, we will have c. The first Named Insured must keep records of the information we need for premium the insured against any "suit" if any other insurer has a duty to defend the insured computation, and send us copies at such times against that "suit". If no other insurer as we may request. defends, we will undertake to do so, but we 6. Representations will be entitled to the insured's rights By accepting this policy, you agree: against all those other insurers. a. The statements in the Declarations are accurate and complete; Page 12 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 0413 TRAVELERS WORKERS COMPENSATION Y G AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 99 03 76 ( A) -001 POLICY NUMBER: UB-1N16453A-25-51-H WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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, The additional premium for this endorsement shall be 2.00 % of the California workers' compensation pre- mium, Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective : 07/01/2025 Policy No.UB-1N16453A-25-51-H Endorsement No. Insured: Volunteers of America of LA Premium Travelers Property Casualty Countersigned by Insurance Company: Company of America DATE OF ISSUE: 06-30-24 ST ASSIGN: Page 1 of 1 i