Loading...
HomeMy WebLinkAbout2005 CON Paradise Valley Hospital - HUD Healthy Home Inspections GrantAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PARADISE VALLEY HOSPITAL THIS AGREEMENT is entered into this 20th day of December 2005, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and the Paradise Valley Hospital, a California nonprofit corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide Healthy Homes inspections. WHEREAS, the CITY has determined that the CONTRACTOR is a California nonprofit corporation and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. 3. PROJECT COORDINATION AND SUPERVISION. Kathleen Trees hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRA- CTOR. Michael Collins thereby is designated as the Project Director for the CONTRACTOR. Revised April 2005 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "C". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. Revised April 2005 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The Parties, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 3 Revised April 2005 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to ensure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that 4 Revised April 2005 (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; (iv) is required to be disclosed to a third party by law; or (v) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. The CITY agrees to defend, indemnify, and hold harmless the CONTRACTOR, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CITY's negligent performance of this Agreement 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 5 Revised April 2005 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies, or programs of self-insurance: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, but only to the extent that the liability arises from the acts of CONTRACTOR and its officers, employees, and volunteers. Any other policies held by the CITY shall not contribute to any loss under said insurance, except to the extent said loss is caused by the CITY, its officers, employees, and volunteers. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. ment. G. Any aggregate insurance limits must apply solely to this Agree- H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. 6 Revised April 2005 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by either Party. Termination without cause shall be effective only upon 60-day's written notice. During said 60-day period the Parties shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by either Party for cause in the event of a material breach of this Agreement. C. This Agreement may also be terminated immediately by CITY for misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. D. Termination with or without cause shall be effected by delivery of written Notice of Termination as provided for herein. E. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive compensation as provided in this Agreement for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. F. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall 7 Revised April 2005 be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Kathleen Trees, Building & Safety Director City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Michael Collins, Program Director South Bay Asthma Advocacy Program Paradise Valley Hospital 2400 East Fourth Street National City, CA 91950 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms, which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 8 Revised April 2005 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 9 Revised April 2005 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: APPROVED AS TO FORM: George H. Eiser, III City Attorney PARADISE VALLEY HOSPITAL (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: o (Name) Vice. i K alp-}-)F104.41(4. (Title) By: (Name) I KF-t (Title) r Cfp 10 Revised April 2005 EXHIBIT A SCOPE OF SERVICES 101. Provide environmental healthy homes inspections in 480 low-income homes in National City west of the 805 freeway. a. Paradise Valley Hospital will have an asthma inspector/educator accompany the City's housing inspector on the initial assessment for those housing units identified as needing healthy homes inspections. b. Provide in -home training when needed on asthma. c. Refer children to healthcare providers when necessary. d. Evaluate children's respiratory health and risk of illness due to deterioration of housing and determine how housing education and interventions will reduce the rate of childhood illness caused by environmental factors. 102. Attend monthly meetings with the City and EHC. 103. Provide monthly progress reports EXHIBIT B COST SCHEDULE 201. The total compensation for all services performed pursuant to this Agreement shall not exceed the sum of TWO HUNDRED NINETY-THREE THOUSAND THREE HUNDRED TWENTY-NINE dollars ($293,329.00) in Federal Funds. Contractor's matching funds in the form of in kind services, shall not be less than TWENTY SEVEN THOUSAND TWO HUNDRED NINTEEN ($27,219). 202. The CONTRACTOR acknowledges that the City is under no obligation to compensate the CONTRACTOR for services rendered or expenses accrued under this Agreement in excess of the maximum compensation specified above. It shall be the responsibility of the CONTRACTOR to monitor its activities to ensure that the scope of services specified in Exhibit 4- A may be completed and no charges accrued in excess of the maximum compensation during the term of this Agreement. 203. It is expressly understood that any expenditures by the CONTRACTOR which are not within the prescribed limitations of this paragraph and Exhibit 4- A and applicable laws, rules, and regulations governing this Agreement are not chargeable to this Agreement. 204. Following execution of the HUD Agreement, this Agreement and the Request for Release of Funds, the CONTRACTOR may submit a request for funds to the City specifying the amount due for services performed by the CONTRACTOR. Each request shall: 1) describe the services performed in detail, 2) indicate the amount of federal and matching funds charged by line item on Attachment 1 and 3) include adequate and appropriate documentation for the expenses claimed. EXHIBIT C Length of Agreement 301. All services required pursuant to this Agreement shall commence effective as of the date the Agreement is fully executed and shall terminate on October 31, 2008. Budget Worksheet OMB Approval No. 2501-0017 Exp. 01131 /2008) .. Detailed Description of Budget Ana ysis of Total Estimated Costs Estimated Cost Percent of Total 1 Personnel (Direct Labor) 163,924.80 55.88% 2 Fringe Benefits 45,898.94 15.65% 3 Travel 5,490.00 1.87% 4 Equipment 0.00 0.00% 5 Supplies and Materials 17,700.00 6.03% 6 Consultants 0.00 0.00% 7 Contracts and Sub -Grantees 24,219.00 8.26% 8 Construction 0.00 0.00% 9 Other Direct Costs 1,440.00 0.49% 10 Indirect Costs 34,656.56 11.81% Total: 293,329.30 100.00% HUD Share: 266,110.30 90.72% Match (Expressed as a percentage of the Federal Share): 27,219.00 10.23% 7 form HUD-424-CBW (2/2003) Grant Application Detailed Budget Worksheet 9. Other Direct Costs Quantity Unit Cost 'n= Estimated CostHUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local!Tribal Share Other Program Income Item Wt Cell phone allowance 36.00 40.00 1,440.00 1.1. 1,440.00 0.00 0.00 ._ .. 0.00 - 0.00 0.00 0.00 OM 0.00 0.00 0.00 0.00 Total Other Direct Costs q' 1,440.00 Kii 1,440.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Subtotal of Direct Costs 7i i t ,i� ` ' ';a4 258,672.74 231,453.741 27,219.00 0.00 F 0.001 0.001 0.00 0.00 0.00 10. Indirect Costs Rate Base Estimated Cost-. HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income Type Overhead 0.15 231,043.74 34,656.56 34,656.56 0.00 ill 0.00 0.00 £ 0.00 6.00 0.00 itl 6.00 0.00 7 Total Indirect Costs a ttz,,:h " 34,656.56 3 oa 34,656.56 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Estimated Costs 'r•93,329.30 110.30 7,219.00 0.00 0.00 0.00 0.00 0.00 0.00 6 eml Grant Application Detailed Budget Worksheet 8f. Project inspection fees Quantity Unit Cost Estimated Cost HUD HUD Share Applicant Match Other HUD Funds Other Federal Share State Share LocabTribal Share Other Program Income 000 000'. 000, Subtotal - Project inspection fees ..-`': ` 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8g. Site work Quantity Unit Cost ' Estimated Cost HUD Share Applicant Match Other HUD Funds Other - Federal Share State Share Local/Tribal Share " Other Program Income Do0 q om fie aoo Subtotal - Site work gar ` 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8h. Demolition and removal Quantity Unit Cost Estimated Costa;,. HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 0.00 a 0.00 000 Subtotal - Demolition and removal i e 0.00 , 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8i. Construction Quantity Unit Cost Estimated Cost _ HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income D.00 0.00 i$ D.00 Subtotal -Construction "' ` 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8j. Equipment Quantity Unit Cost Estimated Cost .-�= HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income o.00 ., 0 0D 3 oar) 0.00 1?;, Subtotal -Equipment 'a���" l�i! 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8k. Contingencies Quantity Unit Cost Estimated Cost :r. HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Loral/Tnbal Share Other Program Income a.00 =v' . 0.00 D.00 ''* Subtotal - Contingencies '-';�'.'v'r �t� "!;� 0.00 ,g, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 81. Miscellaneous Quantity Unit Cost Estimated Cost HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income D.00 'h 0 00 s 0 00 rkf Subtotal - Miscellaneous ;.prk �i ,a 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Construction Costs ``-ir` ,;' 0.00' 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 form HUD-424CBW (2/2003) Grant Application Detailed Budget Worksheet Detailed Description of Budget 8. Construction Costs TfPk 8a. Administrative and legal expenses Quantity Unit Cost Estimated Cost. HUD Share Applicant Match Other HUD Funds Other Federal Share State Share LocaUTribal Share Other Program Income 0.00 fi i,', 0 0o itg 0.00 - .. 0.00 D ono ig Subtotal -Administrative and legal expenses lf-Ai igk+. ��, 0.00 • 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 8b. Land, structures, rightsof way, appraisal, etc Quantity Unit Cost Estimated Cost HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 0.00 o.ao , ,',.. a0o ' 00o r';y. Subtotal - Land, structures, rights -of way, ... r sue �`?�;; 000 t`'l 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8c. Relocation expenses and payments Quantity Unit Cost •- Estimated Cost HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income a.0o 0.00 o.00 o.00 0.00 Subtotal - Relocation expenses and payments ,„ „`;fm`,�ts,, 0.00 N, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8d. Architectural and engineering fees Quantity Unit Cost Estimated Cost HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 0.00 ip 000 0.00 rot"���,, 0.00 • 000•"a Subtotal -Architectural and engineering fees a >a alag 0.00E 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8e. Other architectural and engineering fees • Quantity Unit Cost Estimated Cost HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 0.00 000 la 0.00 al Da. tc 0.001:-`c°°-. Subtotal - Other architectural and engineering fees L „� 0 00 IN; 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4 form HUD-424•CBW (212003) Grant Application Detailed Budget Worksheet Detailed Description of Budget 5. Supplies and Materials (Items under $5,000 Depreciated Value) 5a. Consumable Supplies Quantity Unit Cost (: I: Estimated Cost, r HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income Environmental Cleaning Baskets 570.00 15.00 a 550.00 a,550.00 Instructional Materials (self -management) 570.00 5.00 2.850.00 2650.00 Office Supplies 36.00 50.00 1,800.00 1.800.00 Asthma Devices 150.00 20.00 3,000.00 3,000.00 0.00 0.00 0.00 Subtotal - Consumable Supplies - eI ���' �` 16,200.001g13,200.00 3,000.00 0.00 0.00 0.00 0.00 0.00 0.00 5b. Non -Consumable Materials Quantity Unit Cost Estimated Cosh -HUD Share Applicant Match Other HUD Funds Other Federal Share State Share LocaUTribal Share Other Program Income Outreach materials (posters, flyers, etc.) 3.00 500.00 1,500.00 1,500.00 a.00 0.00 0.00 I,',,, 0.00 '. 0.00 Subtotal - Non -Consumable Materials 1.500.00 iij 1,500.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Supplies and Materials Cost '^),rt� 17,700 00 i 14,700.00 3,000.00 0.00 0.00 0.00 0.00 0.00 0.00 6. Consultants (Type) Days Rate per Day Estimated Cost, HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 0.00 pi 0.00,P.;. 0.00 0.00-.. } 0.001 0.00 pi Total Consultants Cost u`acai{It�t ;)��('-�k t it 000� 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7. Contracts and Sub -Grantees (List individually) Quantity Unit Cost -'; Estimated Cost HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income South Bay Asthma Advocacy Program 3.00 8,073.00 2421000 ti 24.219.00 0.00 i 0.00 0.00 11 000 ta, Total Subcontracts Cost 24,219 00 `.-, 0.00 24,219.00 0.00 0.00 0.00 0.00 0.00 0.00 form HU0.424C13W (2/2003) Grant Application Detailed Budget Worksheet Detailed Description of Budget Other Program Income 3b. Transportation -Match po Airfare (show destination) HUD Trips Fare Estimated Cost ;Rv; HUD Share Applicant Other HUD Funds Other Federal Share State Share Local/Tribal Share Conference Washington DC 2.00 500.00 1,000.00 1,000.00 0.00 :•',, 0co `" 0 00 0.003'. Subtotal - Transportation - Airfare 141 1,000.00 M.. 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3c. Transportation - Other Quantity Unit Cost Estimated Cost HUD Share Applicant Other HUD Funds Other Federal Share State Share Local/Tribal Share Other ProgramMatch Income Taxi/mass transit fare 27.00 20.00 540.00 ; 540.00 0.00 OA0 000 rai 000 0ao ,, Subtotal - Transportation - Other � � ��`� -; � � 540.00 t'", 540.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3d. Per Diem or Subsistence (indicate location) Days Rate per Day Estimated CostHUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income HUD Conference - Washington DC 9.00 150.00 1,350.00 0 1,350.00 0.00 0.00 0.00 Sir 0.00 Mi Subtotal - Per Diem or Subsistence ��'"5s! r. �:h`) 1,350.00 1,350.00 0.00 000 0.00 0.00 0.00 0.00 Total Travel Cost ,} ���' 5,490.00 4ki 5,490.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4. Equipment (Only items over $5,000 Depreciated value Quantity Unit Cost Estimated Cost '` HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other 0.00 Program Income 000i, 0.00 000 , aoo' Total Equipment Cost='itp�;tr ,g 000''' 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 form HUD-424.C1W (2/2003) OMB Approval No. 2501-0017_ Grant Application Detailed Bud&et Worksheet (Exp. 01/31/2008) Name and Address of Applicant: South Bay Asthma Advocacy Proaram - Revised 1 C Paradise Valley Hospital 2400 East Fourth Street National City, CA 91950 Category Detailed Description of Budget (for full grant period) _ 1. Personnel (Direct Labor) Estimated Hours Rate per Hour ?; gt Estimated Cost HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income Position or Individual Asthma Educator/Environmental Inspector 6,24000 2627 163,924.80 163,924.80 6 00 000t,r . 0.00 . o.00 0.00 o.00 0.00 as 0.00 1 Total Direct Labor Cost . 163,924.80 re 163,924.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2. Fringe Benefits Rate (%) Base Estimated Cost HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income Asthma Educator/Environmental Inspector 026 163,924.60 45,896.94 4 45,69894 0.00 ` ow f',til 0A0 i•ii D.00i 0.00 It{ Total Fringe Benefits Cost 45,898.94 45,898.94 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3. Travel tl 3a. Transportation - Local Private Vehicle Mileage Rate per Mile x'" Estimated Cost 1 HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income Inspections and follow-up visits 6,190.47 0.42 260000tiaiF 0.00 !!! 0 00 Sidi 0.00 0.00 , a' 0.00 ip Subtotal - Trans - Local Private Vehicle ''�a�t �,.: 2,600.00 trtr 2,600.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 form HUD-424-CBW (2/2003) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December p ;--2005 18 AGENDA ITEM NO. (-ITEM TITLE PREPARED BY EXPLANATION Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Paradise Valley Hospital in the amount of $266,110 to perform Healthy Homes inspections in the target area west of I-805 for the HUD Healthy Homes grant. DEPARTMENT Kathleen Trees A.)4 Building & Safety 4213 On November 1, 2005 the City of National City was awarded $996,495 in grant funds from the U.S. Department of Housing and Urban Development (HUD) to perform Healthy Homes inspections in the target area west of I-805. The Healthy Homes inspections will include inspecting units for indoor environmental health violations in addition to the inspections performed by the City's housing inspectors. As a sub -grantee, the Paradise Valley Hospital Respiratory Care section will be responsible for inspecting housing units to identify health hazards that are affecting the resident's health. These include mold and mildew, cockroaches and other asthma triggers. The asthma inspector/educator will also provide in -home training when needed and will refer the family to the appropriate health care when necessary. Environmental Review N/A X Financial Statement Funds will come from the HUD Healthy Homes grant award. Account No. STAFF RECOMMENDATION aldaeetdze.ed Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A C2ooS-6� ATTACHMENTS ( Listed Below ) Resolution Contract Resolution No..0OS- 2 Cb A-200 (9/80) RESOLUTION 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PARADISE VALLEY HOSPITAL IN THE AMOUNT OF $226,110 TO PERFORM HEALTHY HOMES INSPECTIONS IN THE TARGET AREA WEST OF 1-805 FOR THE HUD HEALTHY HOMES GRANT WHEREAS, the City desires to employ a contractor to perform Healthy Homes inspections in the target area west of 1-805 for the HUD Healthy Homes Grant; and WHEREAS, the City has determined that Paradise Valley Hospital is a non-profit health care corporation, and is qualified by experience and ability to perform the services desired by the City, and Paradise Valley Hospital is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Paradise Valley Hospital in the amount of $226,110 to perform Healthy Homes inspections in the target area west of 1-805 for the HUD Healthy Homes Grant. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of December, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PARADISE VALLEY HOSPITAL THIS AGREEMENT is entered into this 20th day of December 2005, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and the Paradise Valley Hospital, a California nonprofit corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide Healthy Homes inspections. WHEREAS, the CITY has determined that the CONTRACTOR is a California nonprofit corporation and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. 3. PROJECT COORDINATION AND SUPERVISION. Kathleen Trees hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRA- CTOR. Michael Collins thereby is designated as the Project Director for the CONTRACTOR. Revised April 2005 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "C". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. Revised April 2005 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The Parties, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 3 Revised April 2005 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to ensure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that 4 Revised April 2005 (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; (iv) is required to be disclosed to a third party by law; or (v) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. The CITY agrees to defend, indemnify, and hold harmless the CONTRACTOR, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CITY's negligent performance of this Agreement 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 5 Revised April 2005 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies, or programs of self-insurance: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, but only to the extent that the liability arises from the acts of CONTRACTOR and its officers, employees, and volunteers. Any other policies held by the CITY shall not contribute to any loss under said insurance, except to the extent said loss is caused by the CITY, its officers, employees, and volunteers. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. ment. G. Any aggregate insurance limits must apply solely to this Agree- H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Revised April 2005 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by either Party. Termination without cause shall be effective only upon 60-day's written notice. During said 60-day period the Parties shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by either Party for cause in the event of a material breach of this Agreement. C. This Agreement may also be terminated immediately by CITY for misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. D. Termination with or without cause shall be effected by delivery of written Notice of Termination as provided for herein. E. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive compensation as provided in this Agreement for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and Tess any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. F. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall 7 Revised April 2005 be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Kathleen Trees, Building & Safety Director City of National City 1243 National City Boulevard National City, CA 91950-4301 Michael Collins, Program Director South Bay Asthma Advocacy Program Paradise Valley Hospital 2400 East Fourth Street National City, CA 91950 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms, which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 8 Revised April 2005 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 9 Revised April 2005 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY PARADISE VALLEY HOSPITAL (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: By: Nick Inzunza, Mayor (Name) APPROVED AS TO FORM: (Title) By: George H. Eiser, III (Name) City Attorney (Title) 10 Revised April 2005 EXHIBIT A SCOPE OF SERVICES 101. Provide environmental healthy homes inspections in 480 low-income homes in National City west of the 805 freeway. a. Paradise Valley Hospital will have an asthma inspector/educator accompany the City's housing inspector on the initial assessment for those housing units identified as needing healthy homes inspections. b. Provide in -home training when needed on asthma. c. Refer children to healthcare providers when necessary. d. Evaluate children's respiratory health and risk of illness due to deterioration of housing and determine how housing education and interventions will reduce the rate of childhood illness caused by environmental factors. 102. Attend monthly meetings with the City and EHC. 103. Provide monthly progress reports EXHIBIT B COST SCHEDULE 201. The total compensation for all services performed pursuant to this Agreement shall not exceed the sum of TWO HUNDRED SIXTY-SIX THOUSAND ONE HUNDRED TEN dollars ($266,110) in Federal Funds. Contractor's matching funds in the form of in kind services, shall not be less than TWENTY SEVEN THOUSAND TWO HUNDRED NINTEEN ($27,219). 202. The CONTRACTOR acknowledges that the City is under no obligation to compensate the CONTRACTOR for services rendered or expenses accrued under this Agreement in excess of the maximum compensation specified above. It shall be the responsibility of the CONTRACTOR to monitor its activities to ensure that the scope of services specified in Exhibit 1 may be completed and no charges accrued in excess of the maximum compensation during the term of this Agreement. 203. It is expressly understood that any expenditures by the CONTRACTOR which are not within the prescribed limitations of this paragraph and Exhibit 1 and applicable laws, rules, and regulations governing this Agreement are not chargeable to this Agreement. 204. Following execution of the HUD Agreement (Attachment 1), this Agreement and the Request for Release of Funds, the CONTRACTOR may submit a request for funds to the City specifying the amount due for services performed by the CONTRACTOR. Each request shall: 1) describe the services performed in detail, 2) indicate the amount of federal and matching funds charged by line item on Attachment 2 and 3) include adequate and appropriate documentation for the expenses claimed. EXHIBIT C Length of Agreement 301. All services required pursuant to this Agreement shall commence effective as of the date the Agreement is fully executed and shall terminate on October 31, 2008. ATTACHMENT 1 HOUSING AND URBAN DEVELOPMENT, OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL GRANT PROGRAMS GRANT AGREEMENT PROVISIONS (FISCAL YEAR 2005) SCHEDULE OF ARTICLES 1. DEFINITIONS 2. SCOPE OF WORK (COST -REIMBURSEMENT) 3. PERIOD OF PERFORMANCE 4. ** GRANTEE CERTIFICATION PROGRAM REQUIREMENTS (SPECIAL CLAUSE) 5. CONDUCT OF WORK 6. KEY PERSONNEL 7. HUD'S RIGHT TO AUDIT AND DISALLOW OR RECOVER EXPENDITURES 8. PROGRAM INCOME 9. INDIRECT COSTS 10. AMOUNT OF COST SHARE (ESTIMATED COST AND PAYMENT - MATCHING) 11. BUDGET 12. ADVANCE PAYMENT BY TREASURY CHECK OR ELECTRONIC FUNDS TRANSFER 13. ESTIMATED COST AND PAYMENT - LINE OF CREDIT CONTROL SYSTEM (LOCCS) 14. CERTIFICATION REGARDING PARTIES EXCLUDED FROM PROCUREMENTS 15. REVIEW OF DELIVERABLES INSPECTION AND ACCEPTANCE 16. COLLECTION OF DATA 17. LIMITATION ON CONSULTANT PAYMENTS 18. PUBLICATIONS AND NEWS RELEASES 19. REPRODUCTION OF REPORTS 20. PATENT RIGHTS (SMALL BUSINESS FIRMS AND NONPROFIT ORGANIZATIONS) 21. LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OVER $100,000) 22. PROJECT MANAGEMENT SYSTEM 23. EQUIPMENT 24. AMENDMENTS 25. CHANGES 26. DISPUTES 27. ORDER OF PRECEDENCE 28. OTHER ADMINISTRATIVE PROVISIONS 29. UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS 30. CERTIFICATION PROHIBITING EXCESSIVE FORCE AGAINST NON-VIOLENT CIVIL RIGHTS DEMONSTRATORS 31. ** SPECIAL CONDITIONS CLAUSES FOR LEAD BASED PAINT HAZARD EVALUATION OR CONTROL ACTIVITIES 32. ENVIRONMENTAL POLICY ** NOTE: UNIQUE CLAUSES -CONTAIN SPECIAL REQUIREMENTS FOR ALL PROGRAMS CONDUCTING LEAD HAZARD EVALUATION OR CONTROL ACTIVITIES - PLEASE READ 1. DEFINITIONS a) The term "grant" as used herein refers to either a grant or a cooperative agreement instrument. b) The term "grantee" as used herein also refers to recipients of cooperative agreements. c) The term "Grant Officer" means the official authorized by HUD to execute and/or administer this grant. This term also refers to a Cooperative Agreement Officer when the instrument is a cooperative agreement. d) The term "Government Technical Representative (GTR)" means the HUD individual who is responsible for the technical administration of the grant, the evaluation of performance under the grant, the acceptance of technical reports or projects, and other such specific responsibilities as may be stipulated in the grant. e) The term "Government Technical Monitor (GTM)" means the individual responsible for assisting a Government Technical Representative in the latter's performance of his/her duties. f) The term "Head of the Awarding Activity (HAA)" means a HUD official, at the Assistant Secretary level or equivalent, with authority for policy, award, and administration of discretionary grants within one or more HUD organizational elements. For this grant, the HAA is the Director of the Office of Healthy Homes Lead Hazard Control. g) The term "Guidelines" refers to the definitions, standards and information contained in the 2005 edition of the guide entitled "Guidelines for the Evaluation and Control of Lead -Based Paint in Housing" HUD,. The guidelines are incorporated by reference. h) The term "OHHLHC" means the HUD Office of Healthy Homes and Lead Hazard Control. i) The term "NOFA" means the Notice of Funding Availability which announced the availability of funding for this grant. 2. SCOPE OF WORK (COST -REIMBURSEMENT) The grantee shall furnish the necessary personnel, materials, services, equipment, facilities (except as otherwise specified herein) and otherwise do all things necessary for or incidental to the performance of the work set forth in the Statement of Work/Management and Work Plan and Benchmark schedule submitted with your original application under the NOFA. for Fiscal Year 2005. Management and Work Plan (with Benchmark Standards), Deliverables and Budget. The Grantee shall complete and submit a detailed management and work plan (with Benchmark Standards), Deliverables and Budget within 60 days after the effective date of the grant. These revisions shall update the general plan submitted with the proposal and include any negotiation changes of the work plan or budget if applicable. The plan shall be developed according to the instructions and benchmark standards that will provided by the Government Technical Representative for the grant program as applicable. Instructions for the Lead Hazard Control Program and Healthy Homes programs are provided as follows: For the Lead Hazard Control Grant Program, use OHHLHC Policy Guidance Number 2001-03 "Revised Quarterly Progress Reporting Requirements" dated October 1, 2001, as amended, and/or guidance from the GTR. The plan for the Healthy Homes Programs, should be prepared pursuant to the following outline: I. Background II. Project Goals and Objectives III. Project Tasks IV. Reporting and Deliverables V. Project Budget VI. Appendices The estimated number of housing units and structures in which evaluation and/or intervention activities are expected to take place should be included in the project goals and objectives section. Objectives of research components of the grant should be stated in terms of testable hypothesis in the work plan when possible. Tasks should be arranged sequentially or in a logical order within the work plan, and include supportive activities. The entity responsible for each task should be identified, and the timeframe for its completion stated. The tasks section should also include a discussion of the roles and responsibilities of the appropriate organizations that will be involved in completing the Institution Review Board review related to the protection of human subjects under this grant. For recipients of all other OHHLHC programs, please contact your Government Technical Representative to get specific instructions. The management and work plan consists of the goals and time -phased objectives and deliverables for each of the major tasks to be undertaken by the program. Benchmark standards (milestones) have been developed to assist the grantee plan and implement its program in a timely and cost- effective manner. A revised budget, in accordance with the final negotiation, shall be submitted (if necessary). The work plan shall also include a detailed narrative description of how assistance and funding will flow from the grantee to the actual performers of the hazard reduction work; the selection process for subgrantees and subcontractors; the selection process for the particular properties to be abated, the lead hazard control activities to be undertaken, and the screening, health, and other measures to be taken to protect children and other occupants. Where there is interdependence among the tasks, the work plan shall indicate how each interdependent task will provide needed inputs to the others. (Also, see Article 22, Project Management System — Work Plan). The revisions to the management and work plan deliverables and budget shall be submitted by December 1, 2005 and are subject to review and approval by HUD. When approved by the GTR and the Grant Officer, the work plan, deliverables and budget shall be incorporated as part of the grant agreement and amended/modified accordingly. 3. PERIOD OF PERFORMANCE AND INCURRING COSTS OR OBLIGATING FEDERAL FUNDS BEYOND THE EXPIRATION DATE a. The grantee shall provide all services stipulated in this award agreement for the period of months specified on the HUD 1044, "Assistance Award/Amendment" Continuation Sheet from the effective date stipulated in Block #5 of the HUD 1044.. Grantees are to comply with the requirements of 24 CFR 84.28 or 24 CFR 85.23 (Period of availability of funds), as applicable, in charging costs to the grant. All obligations incurred under the award must be liquidated not later than 90 days after the end of the funding period. The preparation of the final administrative and financial reports is to be completed within the 90-day closeout period. b. The grantee shall not incur costs or obligate funds for any purpose pertaining to the operation of the project, program, or activities beyond the expiration date stipulated in the award. The only costs which are authorized for a period of up to 90 days following the award expiration date are those strictly associated with closeout activities. Closeout activities are normally limited to the preparation of final progress, financial, and required project audit reports unless otherwise approved in writing by the Grants Officer. c. Any extension of the award period can only be authorized by the Grants Officer in writing. Verbal or written assurances of funding from other than the Grants Officer shall not constitute authority to obligate funds for programmatic activities beyond the expiration date. d. The OHHLHC has no obligation to provide any additional prospective funding. Any amendment of the award to increase funding and to extend the period of performance is at the sole discretion of the OHHLHC. 4. ** GRANTEE CERTIFICATION PROGRAM REQUIREMENT The Grantee agrees that any funds under this grant used for lead -based paint or lead -based paint hazard evaluation or control activities shall be conducted by firms and persons qualified for the activities according to 24 CFR Part 35, subpart R (possessing, as applicable, certification valid for the State in which the activity is conducted as abatement contractors, risk assessors, inspectors, abatement workers, or sampling technicians, or, for interim lead hazard control work, training in a HUD -approved course in lead -safe work practices), and that laboratories used for analysis of samples for lead in paint, soil or dust shall be recognized by the U.S. Environmental Protection Agency for the analysis of those samples under its National Lead Laboratory Accreditation Program. 5. CONDUCT OF WORK During the effective period of this grant, the Government Technical Representative and/or the Government Technical Monitor identified in Block 9 of the HUD-1044 shall be responsible for monitoring the technical effort of the grantee, unless the grantee is notified in writing by the Grant Officer of a replacement. Only the Grant Officer has the authority to authorize deviations from this grant, including deviations from the Statement of Work/Work Plan. In the event the grantee does deviate without written approval of the Grant Officer, such deviation shall be at the risk of, and any costs related thereto, shall be borne by the grantee. 6. KEY PERSONNEL The personnel specified in the original proposal, stated in the grant agreement, or as amended on the HUD 1044 Continuation Page of the amendment, as key personnel are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other work, the grantee shall notify the Grant Officer and GTR reasonably in advance in writing and shall submit justification (including proposed substitutions (with the qualifications and experience of the substitute personnel)) in sufficient detail to permit evaluation of the impact on the work effort. No diversion shall be made by the grantee without the written consent of the Grant Officer. 7. HUD'S RIGHT TO AUDIT AND DISALLOW OR RECOVER EXPENDITURES For the performance of the work under this instrument, HUD shall reimburse the grantee for costs incurred (hereafter referred to as "allowable costs") which are determined by the Grant Officer to be allowable, allocable, and reasonable in accordance with the following cost principles*: a. For colleges and universities: OMB Circular A-21. b. For State and local Governments: OMB Circular A-87. c. For other nonprofit organizations: OMB Circular A-122. d. For all other grantees, Federal Acquisition Regulation, Subpart 31.2. e. HUD Handbook 2210.18 Cost Principles for For -Profit Organizations. *The Revised Version of these documents in effect on the date of award shall govern. 8. PROGRAM INCOME Any program income derived as a result of this award shall be added to funds committed under your award to further activities eligible for assistance under this award. If not contained in the Work Plan or under Special Conditions itemized in these provisions, prior to using program income to further the objectives of the grant program, the parties shall mutually agree by written amendment on the use of program income. Program income received after the period of performance must be used to further the objectives of the applicable OHHLHC grant program for which this grant is awarded in accordance with CFR 24 Part 84.25/85.25 as applicable. 9. 1NDIRECT COSTS If the Grantee has received a provisional rate, pending establishment of a final rate, reimbursement will be made on the basis of the provisional rate. By accepting this award document, Grantee agrees to bill at the provisional indirect cost rate for the entire period of performance of the award agreement. At completion, of the grant, adjustments may be made from the provisional rate to the final rate. However, such adjustments must be within the total amount of the award as stated in Block 15 of the HUD-1044. 10. AMOUNT OF COST SHARE (ESTIMATED COST AND PAYMENT — MATCHING) (See Blocks 14 of the HUD 1044) (a) The estimated cost for the performance of this grant is the "Total Instrument Amount". (b) The grantee shall be reimbursed by HUD for 100% of costs incurred in the performance of this grant. HUD shall not be obligated to reimburse the grantee in excess of the "Total HUD Amount". HUD reserves the right to withhold one -percent (1%) of the Federal grant amount pending the receipt and approval of a final progress report prepared in accordance with the Policy Guidance or GTR instructions for the specific OHHLHC program and any amendments. (c) The grantee agrees to bear without reimbursement by HUD the "Recipient Amount" of the total costs. The grantee is not obligated to contribute more than the "Recipient Amount". However, in the event that the grantee incurs costs in excess of the estimated cost of the "Total Instrument Amount". such excess shall be borne entirely by the grantee. (d) The grantee must satisfy all statutory matching requirements in the NOFA. If the grantee's actual matching contribution is less than "Recipient Amount" under Block 14 of the HUD 1044, the Government reserves the right to negotiate new line items and/or amounts to satisfy the grantee's match, or to reduce the Government's share proportionally. The grantee must satisfy all statuary matching requirements in the NOFA. The grantee shall notify the Government at any time it believes it will not meet its match by the completion of the grant. If the grantee exceeds the dollar amount shown above, there will be no impact on the Federal share. 11. BUDGET The grantee shall incur costs in conformance with the budget, presented in the original proposal stated in the grant agreement, or as amended on the HUD 1044 Continuation Page of the amendment. The grantee shall not commingle any funds computed under this grant with any other existing or future operating accounts held by the grantee. If the grantee has been contacted to submit documents to support the application that were not received prior to the execution of this grant, the grantee will not be allowed to draw down funds, exceeding 10% of the federal amount, until such time that the requirements have been met. Standard Form 269, Financial Status Report, detailing match or in -kind contributions shall be submitted on a quarterly basis. A final narrative and Standard Form 269 report detailing the progress made in achieving the purpose of the grant and adequate documentation of the total funds expended in support of the activities to achieve this purpose (both Federal and in -kind 10 percent match) are due 90 days after the end of the period of performance. See Article 10(b) regarding the holdback of 1% of the Federal amount pending the receipt and approval of the final narrative report. 12. ADVANCE PAYMENT BY TREASURY CHECK OR ELECTRONIC FUNDS TRANSFER Advance payments by Treasury check or electronic funds transfer are hereby authorized under this grant. A Grantee that is subject to existing State program accreditation requirements may request an advance payment in writing, if applicable. HUD may provide to the grantee a one time cash advance that shall not exceed 10 percent of the grant amount, and shall be limited to the minimum amount needed for the actual, immediate cash requirements of the grantee in carrying out the tasks of this agreement and as agreed to by the Grant Officer. These funds cannot be used for conducting housing inspections or lead hazard control work in homes until the Grantee has an approved Request for Release of Funds and Certification (Form HUD 7015.15 and OHHLHC Policy Guidance Issuance 2000-01 dated 02/24/2000). Contact the OHHLHC Environmental Officer, Karen Choi at (213) 894-8000 x3015 for questions and mail the original and copies to the following addresses: Original: U.S. Department of Housing & Urban Development Attn: Environmental Officer, Karen Choi AT&T Building — Suite 1145 611 West 6'' Street Los Angeles, CA 90017 Copies: (Block 8 Address of 1044) Attn: GTR in Block 9 of 1044 HUD will not make additional payments from the amount awarded to a grantee until the grantee's contractors and workers are qualified for the activities according to 24 CFR Part 35 (possessing certification as abatement contractors, risk assessors, inspectors, abatement workers, or sampling technicians, or others having been trained in a HUD -approved course in lead -safe work practices). Any additional funds requested by the grantee shall be requested in accordance with Clause 13, "Estimated Cost And Payment - Line Of Credit Control System (LOCCS)" Should the grantee demonstrate an unwillingness or inability to establish procedures that will minimize the time elapsing between advances and disbursements, or fail to provide any required progress report in a timely manner, the authorization for advance payments may be revoked. The grantee may then be required to finance the project with its own working capital and payment to the grantee may be made by Treasury check to reimburse it for actual cash disbursements. 13. ESTIMATED COST AND PAYMENT - LINE OF CREDIT CONTROL SYSTEM (LOCCS) The grantee shall be reimbursed for costs incurred in the performance of work under this grant in an amount not -to -exceed "Total HUD Amount" in Block 14 of the HD 1044. In the event the grantee incurs cost in excess of this amount, the excess shall be borne entirely by the grantee. Incurred costs shall be reimbursed through HUD's Line of Credit Control System (LOCCS) using the electronic Voice Response System (VRS). LOCCS uses a computer software program, which ensures that requested payments do not exceed the amount authorized to the grantee. Each day LOCCS generates a payment tape for the Department of the Treasury, which disburses the payments via the Automated Clearinghouse (ACH) Payment System and a Voucher and Schedule of Payments. All payments are certified by HUD and forwarded to Treasury for processing. Before receiving funds from the VRS, the grantee must designate a financial institution in order for HUD to make direct deposit payments through the ACH system. In the event the grantee, during the performance of this grant, elects to designate a different financial institution for the receipt of any payments, notification of such change and the related information must be received by the Grant Officer 30 days prior to the date such change is to become effective. In order to have access to LOCCS and the VRS, the grantee shall obtain a Security ID and Password from HUD's LOCCS Security Officer, using the form HUD-27054, LOCCS Voice Response Access Authorization Form. The grantee shall submit the original vouchers for work performed to the GTR identified in Block 9 of the form HUD-1044. The voucher shall be supported by a detailed breakdown of the cost(s) claimed (Grantees are to use the Part 3 Financial Reporting Attachment included in Policy Guidance 2001-03). In order to assure proper payment, it is important that the voucher is in accordance with the payment amount requested through the VRS. Payment requires the authorized grantee to telephone the VRS and provide the Security Ill number and requested information. Detailed instructions for using the LOCCS-VRS were provided in your transmittal letter. Funds advanced to the grantee shall be maintained in an interest bearing account. Any interest earned by the grantee as a result of the advanced funds shall be promptly returned to HUD. All check remittances should be sent to the new Miscellaneous Lockbox as follows: NationsBank — Bank of America DHUD P.O. Box 277303 Atlanta, GA 30384-7303 If the grantee is a State or local government, the grantee may retain up to $100.00 of interest earned per grantee's fiscal year for administrative expenses. (24 CFR 85.21). If the grantee is a University, non-profit or for profit organization, the grantee may retainup to $250.00 of interest earned per grantee's fiscal year for administrative expenses. (24 CFR 84.22). State universities and hospitals shall comply with CMIA, as it pertains to interest. Other funds due to HUD after the end date of the grant or close-out, as a result of internal audit or other reasons, will be returned to the GTR identified in Block 9 of the form HUD-1044 of this grant." 14. CERTIFICATION REGARDING PARTIES EXCLUDED FROM PROCUREMENTS By signing this agreement, the grantee also certifies that before awarding any subcontracts or sub - awards, it will ensure that the subcontractor or subrecipient is not included on the General Services Administration's (GSA) "List of Parties Excluded From Federal Procurement or Non - procurement programs". If a subcontractor or subrecipient is on the GSA's published list, they are ineligible for assistance and the grantee is restricted from awarding them a contract or subgrant. Copies of the GSA published list can be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 or by email at the following site: http://epls.arnet.gov. 15. REVIEW OF DELIVERABLES a) Definition - For the purpose of this clause, "Deliverables" include: 1) All interim and final reports, 2) Survey instruments required by Statement of Work/Work Plan, and 3) Other physical materials and products produced directly under the Statement of Work/Work Plan of this grant. 4) Match, in -kind and leverage commitments. b) General 1) The GTR shall have the sole responsibility for HUD review, correction, and acceptance of the deliverables of this grant. Such review(s) shall be carried out promptly by the GTR, so as not to impede the work of the grantee. The Products of Work shall be deemed as accepted as submitted if the GTR has not issued 3) 4) The GTR's review, correction, and acceptance of deliverables shall be limited to: (1) corrections of omissions or errors of fact, methodology, or analysis; (2) deletion of irrelevant materials; and (3) improvements in style readability. 5) In the review and acceptance of deliverables, the GTR may not require any change in the grantee's stated views, opinions, or conclusions. 6) Should there be any disagreement between the grantee and the GTR as to any correction, or the methodology or analysis on which any conclusion is based, the GTR may require the grantee to insert a Government dissent(s) in the appropriate place(s). The inclusion of such dissent(s) in an Official Product of Work, otherwise found acceptable by GTR, and the return to the GTR of a revised copy containing the dissent(s), shall satisfy the requirements for acceptance of the Official Product of Work under this clause. written comments and/or required corrections within thirty (30) days of the date of the GTR's receipt of such product from the grantee. 2) The grantee shall carry out the required corrections, if any, provided by the GTR and shall promptly return a revised copy of the product to the GTR. 7) Such dissent(s) shall not apply to any independent publication by the grantee of Independent Products that may arise from the work or findings of this grant. 16. COLLECTION OF DATA Collection of data from ten or more respondents and sponsored by HUD shall be subject to the Paperwork Reduction Act (44 U.S.C. 3501 - 3520). If a survey instrument for a collection of data sponsored by HUD is proposed, it will be subject to review and approval by the Office of Management and Budget (OMB). Such review and approval must be obtained prior to the use of the survey instrument. Also, a time element is involved here, which may considerably lengthen the time required for completion of the project proposed. Careful consideration should be given to any proposal, which requires the use of a survey or other information collection sponsored by HUD. The collection of data is deemed to be sponsored by HUD only under the following conditions (5 CFR 1320.3): or a) The grantee is conducting the collection of information at the specific request of HUD; b) The terms and conditions of the grant require specific approval by HUD of the collection of information or collection procedures. Note that if the grantee decides on its own to collect information and it does not need HUD approval to do so, then HUD is not the "sponsor" of the information collection. 17. LIMITATION ON CONSULTANT PAYMENTS As required by HUD's Appropriations Act, salary payments to consultants under this instrument shall not exceed the equivalent of the maximum daily rate paid to level IV of the Executive Schedule for Federal Employees. This limitation refers to consultants hired through the grantee's personnel system, but not to consultants who perform as independent contractors. 18. PUBLICATIONS AND NEWS RELEASES a) Definition. For the purpose of this clause, "publication" includes: 1) Any document containing information for public consumption; or, 2) The act of, or any act, which may result in, disclosing information to the public. b) The results of this program are planned to be made available to the public through dedication, assignment by HUD, or such other means as the Secretary shall determine. c) Government Ownership of Official Products of Work All interim and final reports and information, data analyses, special methodology, findings, and their related documents and work products, including reports, work sheets, survey instruments, computer tapes, and any other physical materials and products produced directly under the Statement of Work/Work Plan of this grant are considered Official Products of Work, owned by the Government and held for the benefit of the public. d) Publication of Official Products of Work Official Products of Work, quotations therein, paraphrasing, or disclosures of interim findings may not be published without the approval of the GTR for a period of sixty (60) days after acceptance of the product by the GTR. Thereafter, the grantee shall be free to publish without HUD approval. e) Acknowledgment and Disclaimer All Official Products of Work, or any part thereof, and any Independent Products and Special Products arising out of this instrument, when published by the grantee or other participants in the work, shall contain the following acknowledgment and disclaimer: f) "The work that provided the basis for this publication was supported by funding under a grant with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Government." Notice of News Release and Public Announcements Two copies of all press releases, formal announcements, and other planned, written issuances containing news or information concerning this grant that may be made by the grantee or its staff, or any subcontractor or other person or organization participating in the work of this grant shall be provided to the GTR at the earliest possible time. News releases and other public announcements may not disclose any interim finding or quote or paraphrase any part of any Official Product of Work without complying with paragraph (e) above. 19. REPRODUCTION OF REPORTS BRANCH PROCUREMENT OF CERTAIN KINDS OF PRINTING; "PRINTING" DEFINED Pub. L. 102-392, title II, Sec. 207(a), Oct. 6, 1992, 106 Stat. 1719, as amended by Pub. L. 103-283, title II, Sec. 207, July 22, 1994, 108 Stat. 1440; Pub. L. 104-201, div. A, title XI, Sec. 1112(e)(1), Sept. 23, 1996, 110 Stat. 2683, provided that: (1) None of the funds appropriated for any fiscal year may be obligated or expended by any entity of the executive branch for the procurement of any printing related to the production of Government publications (including printed forms), unless such procurement is by or through the Government Printing Office. (2) Paragraph (1) does not apply to (A) individual printing orders costing not more than $1,000, if the work is not of.a continuing or repetitive nature, and, as certified by the Public Printer, if the work is included in a class of work which cannot be provided more economically through the Government Printing Office, (B) printing for the Central Intelligence Agency, the Defense Intelligence Agency, National Imagery and Mapping Agency, or the National Security Agency, or (C) printing from other sources that is specifically authorized by law. (3) As used in this section, the term 'printing' includes the processes of composition, platemaking, presswork, duplicating, silk screen processes, binding, microform, and the end items of such processes. 20. PATENT RIGHTS (SMALL BUSINESS FIRMS AND NONPROFIT ORGANIZATIONS) Patent rights are as specified in 37 CFR Part 401, entitled "Rights to Inventions made by Nonprofit Organizations and Small Business Firms under Government Grants, Contracts and Cooperative Agreements". Inquiries regarding this Patent Rights clause should be in writing and directed to: Grant Officer Office of Healthy Homes and Lead Hazard Control U.S. Department of Housing and Urban Development 451 Seventh Street SW Washington, DC 20410-3000 21. LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OVER $100,000) Section 1352 of Title 31, U.S.C. provides in part 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, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 22. PROJECT MANAGEMENT SYSTEM DELIVERABLES The grantee shall include a schedule listing all significant project milestones, and dates for submission of all project deliverables including quarterly project reports, interim reports where appropriate, the final report, and financial reports utilizing HUD form 269. Upon approval of the work plan, the grantee should ensure all deliverables identified in the Work Plan and Benchmark schedule are delivered on time. OUARTERLYPROJECT REPORTS Quarterly reports will be due no later than December 31, April 30, July 31, and October 31, for each respective quarter following the initiation of the grant through project closeout. A template to be used in the preparation of each quarterly report will be provided by our office at a later date. Quarterly reports must reflect activities undertaken, obstacles encountered, and accomplishments in each calendar quarter. Contracts, training materials and protocols, rosters of persons trained, outreach and educational materials prepared, and other significant products developed to implement, analyze or control the project or disseminate information are to be submitted with the quarterly y reports as attachments. FINAL REPORT A final report shall be submitted. The final report shall summarize the applicant's plans, execution of the plans, achievements noted, and lessons learned. The report need not be lengthy, but should be of a quality and detail to provide freestanding description to any outside reader of all of the applicant's work and achievement under the grant. Specific and detailed guidance on preparing the forms and the narratives may be obtained from the GTR. Grantees under the Lead Hazard Control Grant Program, and the Lead Hazard Reduction Demonstration Grant Program shall use the HUD Office of Healthy Homes and Lead Hazard Control (OHHLHC) Project Management System specified in this clause. The HUD OHHLHC system requires the submission of a work plan with specific, time phased, and realistic goals, objectives, and benchmark milestones established. Quarterly status reports that show progress and measure performance of the program in meeting approved work plan goals, objectives and benchmark milestones are to be submitted. The Project Management System utilizes quantifiable data and a narrative description of progress. For more specific details and guidance, please refer to the OHHLHC's Lead Hazard Control Grant Program Policy Guidance Number 2001-03 Revised Quarterly Progress Reporting Requirements for the Lead Hazard Control Grant Program dated October 1, 2001, as amended Quarterly Progress Reports are to be submitted according to the requirements of the Lead Hazard Control Grant Program Policy Guidance Number 2001-03. The quarterly progress reporting system is web -based and requires an Internet connection. Grantees are to complete the quarterly progress report (Form-HUD-96006) by accessing http://www.leadarantonline.net via the Internet,. or other Internet address or other method, as advised by the GTR. In the event that a grantee cannot access the Internet, a "Word template" version is available. Completed quarterly reports in this format should be submitted to: grantee_quarterly@hud.gov (use underscore) or other Internet address or other method, as advised by the GTR. NOTE: Grantees are required to have approval from their Government Technical Representative (GTR) prior to submitting the report using the Word template format. Grantees are to submit quarterly progress reports as soon as possible, but no later than 30 days after the end of each calendar year quarter. Grantees, for all programs, are advised that failure to submit timely quarterly progress reports will result in not having their "LOCCS VRS Request Voucher for Grant Payment" processed and/or approved for payment until such time as the quarterly progress report is submitted to HUD. 23. EQUIPMENT The following equipment is allowable, in accordance with the OHHLHC NOFA for the applicable grant program, to be acquired for the performance of this grant is identified as follows: XRF Instruments X-ray fluorescence (XRF) instruments purchased with Federal funds for use in the OHHLHC Grant programs will remain the property of the grantee under the conditions cited in 24 CFR 84.34 or 85.32, as applicable. 24. AMENDMENTS This grant may be modified at any time by a written amendment. Amendments, which reflect the rights and obligations of either party, shall be executed by both HUD (the Grant Officer) and the grantee. Administrative amendments, such as changes in appropriation data, may be issued unilaterally by the Grant Officer. 25. CHANGES: In accordance with 24 CFR 85.30 or 84.25, as applicable, Grantees or subgrantees must obtain the prior approval of the awarding agency whenever any programmatic changes are anticipated to include the following: (1) Any revision of the scope or objectives of the project (regardless of whether there is an associated budget revision requiring prior approval). (2) Need to extend the period of availability of funds. (3) Budget revisions that are 10% or more of the cumulative transfers among direct cost categories, or, if applicable, among separately budgeted programs, projects, functions, or activities which exceed or are expected to exceed ten percent of the current total approved budget, whenever the awarding agency's share exceeds $100,000. (4) Changes in key persons in cases where specified in an application or a grant award. In research projects, a change in the project director or principal investigator shall always require approval unless waived by the awarding agency. (5) Under non -construction projects, contracting out, subgranting (if authorized by law) or otherwise obtaining the services of a third party to perform activities, which are central to the purposes of the award. 26. DISPUTES During performance of the grant, disagreements may arise between the grantee and the Grant Officer on various issues. If a dispute concerning a question of fact arises, the Grant Officer shall prepare a final decision, taking into account all facts and documentation presented. The decision shall be mailed to the grantee. The grantee may appeal the decision within thirty (30) days to the Deputy Secretary of HUD, or his or her designated representative. 27. ORDER OF PRECEDENCE In the event of any inconsistency among any provisions of this grant, the following order of precedence shall apply: a. NOFA b. Management and Work Plan c. Grantee Certification Program Requirement d. Statement of Work/Work Plan (excluding the grantee's proposal, if incorporated). e. Special Conditions f. Schedule of Articles. g. Uniform Administrative Requirements. h. Grantee's Proposal (if incorporated). 28. OTHER ADMINISTRATIVE PROVISIONS The grantee shall comply with all standard assurances, which were executed as part of the application process. 29. UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS All provisions of 24 CFR Part 84, "Grants and Agreements with Institutions of Higher Education, Hospitals and other Non -Profit Organizations" apply to these grantees. The grantee shall comply with all standard assurances, which were executed as part of the application process. All provisions of 24 CFR Part 85, "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" apply to these grantees. The grantee shall comply with all standard assurances, which were executed as part of the application process. For the full text follow these instructions (which were valid at the time of grant award; alternative methods may be required as determined by the Government Printing Office): 1. Go to the following web site: http://www.gpoaccess.gov/cfr/ 2. Under Most Current Data, in the Quick Search block, for 24 CFR 84, enter "24CFR84" with quotation marks and without spaces; similarly, for 24 CFR 85, enter "24CFR85". 3. For 24 CFR 84, scroll down to (24CFR84 Part 84— Uniform Administrative Requirements For Grants And Agreements With Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations). Click the word "text" to view the text file. For 24 CFR 85, scroll down to (24CFR85—Part 85 Administrative Requirements for State, Local and Federally Recognized Indian Tribal Governments). Click the word "text" to view the text file. 30. CERTIFICATION PROHIBITING EXCESSIVE FORCE AGAINST NON-VIOLENT CIVIL RIGHTS DEMONSTRATORS This certification applies to any grant or cooperative agreement using funds appropriated under section 103 of the Housing and Community Development Act of 1974 (42 U.S.C. 5304). The applicant certifies that it has adopted and is enforcing: a) A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and b) A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. 31. SPECIAL CONDITIONS CLAUSE FOR LEAD -BASED PAINT HAZARD EVALUATION OR CONTROL ACTIVITIES ** A grantee conducting lead -based paint hazard evaluation or control activities agrees to comply with the following special requirements: a) Comply with Section 1101 of Title X, Grants for Lead -Based Paint Hazard Reduction, as amended by section 217 of Public Law 104-134, if the grant is under the Lead -Based Paint Hazard Control, Lead Hazard Reduction Demonstration Grant, or Operation Lead Elimination Action Program: Such grantees shall provide assistance for housing which meets the following criteria- 1) For grants made to assist rental housing, at least 50 percent of the units must be occupied by or made available to families with incomes at or below 50 percent of the area median income level and the remaining units shall be occupied or made available to families with incomes at or below 80 percent of the area median income level, and in all cases the landlord shall give priority in renting units assisted under this section, for not less than 3 years following the completion of the Lead abatement activities, to families with a child under the age of six years, except that building with five or more units may have 20 percent of the units occupied by families with incomes above 80 percent of area median income level: 2) For grants made to assist housing owned by owner -occupants, all units assisted with grants under this section shall be the principal residence of families with income at or below 80 percent of the area median income level, and not less than 90 percent of the units assisted with grants under this section shall be occupied by a child under the age of six years or shall be units where a child under the age of six years spends a significant amount of time visiting. b) Develop and implement written procedures for all phases of lead evaluation and control, which are consistent with the HUD Guidelines for the Evaluation and Control of Lead - Based Paint Hazards in Housing (hereafter known as the Guidelines). c) Request and receive formal concurrence from HUD for deviations from the procedures described in the Guidelines. Such deviations may include thresholds for abatement hazard control or post abatement hazard control clean-up procedures, which differ from the HUD Guidelines. d) Comply with appropriate HUD and EPA regulations regarding lead -based paint notification, disclosure, or work practices during lead hazard control activities. e) Prohibit the use of open -flame burning, chemical strippers containing methylene chloride, dry scraping, uncontained hydroblasting or hydrowashing, uncontained abrasive blasting, machine sanding without HEPA attachments or heat stripping above 1100°F as work practices at anytime. f) Observe the procedures for worker protection established by the Federal Occupational Safety and Health Administration (29 CFR 1926.62 and/or 1910.1025, as applicable). Dispose of waste resulting from lead hazard control activities in accordance with the requirements of the appropriate local, State, and Federal regulatory agencies. You must handle disposal of wastes from hazard control activities that contain lead -based paint, but are not classified as hazardous, in accordance with State or local law or the HUD Guidelines for the Evaluation and Control of Lead -Based Paint Hazards in Housing. h) Conduct lead -based paint inspections, risk assessments, and clearance dust testing, according to the HUD Guidelines and the EPA lead hazards standards rule at 40 CFR 745.227(e)(8)(viii) and/or the HUD Lead Safe Housing Rule at 24 CFR 35, subpart R, as. applicable. Wipe tests shall be conducted by an appropriately certified or licensed individual who is independent of the lead hazard control contractor. Dust -wipe samples, soil samples and any paint samples to be analyzed by a laboratory must be analyzed by a laboratory recognized by the EPA National Lead Laboratory Accreditation Program (NLLAP). Units or areas treated shall not be reoccupied until clearance is achieved. The dust lead standards are: g) i) J) 40 micrograms of lead per square foot on an interior hard -surfaced floor or carpet; 250 micrograms of lead per square foot on a window sill; and 400 micrograms of lead per square foot on a window well (clearance only). Test and record blood -lead levels of all children under the age of six occupying affected units within 6 months prior to the abatement or hazard control. Centers for Disease Control and Prevention (CDC) recommendations for blood lead testing are to be followed. Children with elevated blood levels (EBLs) shall be referred for appropriate treatment and follow-up medical care. k) Cooperate with any federally sponsored or endorsed monitoring or evaluation efforts done in conjunction with the Grantee's lead hazard control activities under this program. This includes collecting data on the relative cost and effectiveness of hazard control methods and providing documentation of all testing, inspection, and hazard control actions. 1) If a grantee operates a loan program with the funds provided under this grant, any revenue recaptured from the loan repayments may be retained by the grantee, and can only be used for lead -based paint abatement or hazard control activities. m) As requested by OHHLHC Policy Guidance Issuance dated April 14, 1995, the HUD Form 60002, Economic Opportunities for Low- and Very Low -Income Persons (Section 3) must be submitted by January 10 yearly. n) As required by OHHLHC Office Policy Guidance Issuance 2000-01 dated February 24, 2000 Revised Environmental Review Procedures and Requirements, the HUD Form 7015.15, Request for Release of Funds & Certification must be submitted to the HUD Office of Healthy Homes and Lead Hazard Control and approved before any lead hazard control activities which involve physical intervention in a housing unit can begin. Lead hazard control activities include the conduct of inspections and risk assessments. o) The number of units to be treated shown on the HUD 1044, Assistance Award/Amendment Form, is the number that will be used for all grant and evaluation efforts. Revision of this number will require a grant amendment. P) q) Comply with the OHHLHC Policy Guidance Issuances that pertain to specific work practice, management, or reporting requirements. Provide a copy of all lead -based paint inspection, risk assessment, and clearance test reports to the property owner in order for the property owner to comply with disclosure requirements required under 24 CFR part 35, Subpart A. The letter transmitting these reports must include the statement shown below: "The Federal Residential Lead -Based Paint Hazard Reduction Act, 42 U.S.C. 4852d, requires sellers and landlords of most residential housing built before 1978 to disclose all available records and reports concerning lead -based paint and/or lead -based paint hazards, including the test results contained in this notice, to purchasers and tenants at the time of sale or lease or upon lease renewal. This disclosure must occur even if hazard reduction or abatement has been completed. Failure to disclose these test results is a violation of the U.S. Department of Housing and Urban Development and the U.S. Environmental Protection Agency regulations at 24 CFR Part 35 and 40 CFR Part 745 and can result in a fine of up to $11,000 per violation. To find out more information about your obligations under federal lead -based paint requirements, call 1-800-424- LEAD." r) PARTNERSHIP RELATIONSHIPS WITH FAITH -BASED AND COMMUNITY BASED ORGANIZATIONS: Any changes to an agreement, such as a Memorandum of Understanding, subcontract agreement or Letter of Commitment, that indicates that a formal partnership exists between the grantee and one or more Faith -Based or Community -Based Organizations which meet the definition set forth in the NOFA published in conjunction with this award must be addressed in the next quarterly report. s) Renewals: A recipient under the Lead -Based Paint Hazard Control Grant Program Competitive Performance -Based Renewal category agrees to the following conditions by signing this grant agreement: (I) Grantee has substantially completed and/or exceeded the total number of housing units in the previous award by the end date of that award; (2) Grantee will demonstrate that the additional number of units to be completed with the unexpended balance (if any) will not significantly delay the production of units proposed in the renewal period, i.e., the grantee must be able to complete the renewal units in addition to the units proposed with the unexpended balance (if any); and (3) Grantee will schedule and complete all work within the 36-month renewal period, without extensions. 32. ENVIRONMENTAL POLICY** a) The grantee [called a "recipient" in 24 CFR 58.2(a)(5)] under the Lead Elimination Action Program or Healthy Homes Demonstration Program shall comply with 24 CFR part 58, "Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities," in accordance with the provisions of section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994. Under part 58, a responsible entity [see 24 CFR 58.2(a)(7)], typically the unit of general local government, on behalf of the grantee, must assume the environmental review responsibilities for activities funded under this Program. Under 24 CFR 58.11, if a responsible entity or the recipient objects to the responsible entity performing the environmental review, HUD may designate another responsible entity to perform the review or may perform the environmental review itself under the provisions of 24 CFR part 50. If HUD carries out this responsibility, the grantee agrees to assist and shall: (1) Supply HUD with all available, relevant information necessary for HUD to perform environmental reviews on program and project requests under 24 CFR part 50; (2) Carry out mitigation measures required by HUD as a result of the environmental review or select an alternate eligible property; and Not acquire, rehabilitate, convert, lease, repair or carry out construction , nor commit or expend HUD or non -HUD funds for these program activities with respect to any eligible project until HUD approval of the project is received. b) If the grantee [called a "recipient" in 24 CFR 58.2(a)(5)I, or a responsible entity [see 24 CFR 58.2(a)(7)] on behalf of the grantee, under the Lead -Based Paint Hazard Control Grant Program (including a new grant or a Lead -Based Paint Hazard Control Competitive Performance -Based Renewal category grant), or Lead Hazard Reduction Demonstration (3) Grant Program, carries out the environmental review requirements under 24 CFR part 58, the grantee shall: (1) Submit the Certification / Request for Release of Funds (form HUD 7015.15), including the public Notice of Intent / Request for Release of Funds and related environmental review prepared by the responsible entity; or (2) Submit the relevant environmental review documentation by the responsible entity for HUD approval when the project is either Categorically Excluded, not subject to the related Federal laws and authorities pursuant to 24 CFR 58.35(b), or exempt pursuant to 24 CFR 58.34; and (3) Not acquire, rehabilitate, convert, lease, repair or carry out construction, nor commit or expend HUD or non -HUD funds for these program activities until HUD has either approved the Request for Release of Funds or other applicable environmental review. c) A grantee under the Healthy Homes Technical Studies, Lead Technical Studies, or Lead Outreach Grant Program is categorically excluded from the requirements of the National Environmental Policy Act of 1969 [see 24 CFR 58.35] and is not subject to environmental review under the related laws and authorities. • :67..;:3;35, OMB ApprOval No. 2501.0017 Grant Application Detailed Bud&et Worksheet (Exp. 01/31/2008) Name and Address of Applicant: South Bav Asthma Advocacy Program - Revised 1C Paradise Valley Hospital 2400 East Fourth Street National City, CA 91950 Category Detailed Description of Budget (for full grant period) 1. Personnel (Direct Labor) Estimated Hours Rate per Hour e.,K. a Estimated Cost: HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income Position or Individual a Asthma Educator/Environmental Inspector 6,240.00 2627 1.0. 163,924.80 8.: 163.924.60 ,•83. 0.00 0.00 n 0.00 0.00 OM ai] 0.00 is "° 0.00 Oil Total Direct Labor Cost MOM MNina: 163.924.80 a 163,924.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2. Fringe Benefits Rate (%) Base Estimated Cosea HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income Asthma Educator/Environmental Inspector 0.28 163.924.80 45,898.94 itii 45998.94 "° 0.00 M 0.00 0.00 M; .,..,.. 0.00 .11 Total Fringe Benefits Cost Man NOME 45,898_94 ffi 45,898.94 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3. Travel 3a. Transportation - Local Private Vehicle Mileage Rate per Mile .% ..„. gli Estimated Costa HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income Inspections and follow-up visits 6,190.47 0.42 2,60600a 0.00 01] °•‘" 0.00 ...1,, 00. 0 anoiN Subtotal - Trans- Local Private Vehide taaaa ;MEM 2,600m0 a 2,600.00 . 0.00 0.00 0.00 0.00 0.00 0.00 0.00 form 14U13424-CBW (212003) Z IiNaTAHDIfiLLV Grant Application Detailed Budget Worksheet Detailed Description of Budget 3b. Transportation -Airfare (show destination) Trips Fare `,... Estimated Coste HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/mbal Share Other Program Income HUD Conference Washington DC 2.00 500.00 1,000.00 i < 1.000.00 0.00 D.4O %;`n 0.00 Y :: 0.00 A;:R Subtotal - Transportation - Airfare ""'""'"'''"'O'•"''""ffl ji��::::#:::•:::#�:#%:�i:3};:,>.;:::;::ia::_:;:• 1,000.00.• 1,000,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3c. Transportation - Other Quantity Unit Cost %• ` Estimated Cost ?:: HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income Taxi/mass transit fare 27.00 20.00 540.90 � 540.00 0.00 0.00 a 0.00 ::t 0.00 .0 iN Subtotal - Transportation -Other ,.: ...,.......... .. i s iigi:':ii`i .:;:.;........... 540.00 rg££ 540.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3d. Per Diem or Subsistence (indicate location) Days Rate per Day #g. Estimated Cost:;:: HUD Share Applicant Match Other HUD Funds Other Federal Share State Share LocalfTribal Share Other Program Income HUD Conference - Washington DC 9.00 150.00 1,350.00 V, 1,350.00 0.00 0 00g.> 0.00E 0.00 >i Subtotal - Per Diem or Subsistence MOM fi '..Y•y:y: w:a,::<o:: igi::�s:y,yszasii i;"`aiitEg;;£?• •T; •s:::'•^ 1,350.00 .;}., 1,350.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Travel Cost :+:»>R<m:<:t$'S:%4r�•:•: _:'>r�;;; si.;:•..i t>,;;!;:<;,#; 5,490.00 M 5,490.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4. Equipment (Only items over 55,000 Depreciated value Quantity Unit Cost Estimated Cos HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 0.00 a" iiai o.00 :% o.00 §i> Total Equipment Cost .;,By;H,,,.M,;#;E„>;;;{3 _ 0.00,'�•`s, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 form HUD-424-6BBW (2I2003) Grant Application Detailed Budget Worksheet . Detailed Description of Budget 5. Supplies and Materials (Items under 55,000 Depreciated Value) a1 5a. Consumable Supplies Quantity Unit Cost g]3i --, Estimated. Costfa HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income Environmental Cleaning Baskets 570.00 15.00 ..f..; 8,55000 g 8.55000 Instructional Materials (self -management) 570.00 5.00 2.850.00 ig 2,850.00 Office Supplies 38.00 5000 :3y3 1.800.00 0 1,800.00 Asthma Devices 150.00 20.00 3 000 00 ..:$:, . . .„, 3.000.00 aoo 0.00 0.00 Subtotal - Consumable Supplies NIMIinit IMME 16,200.00 i!.,::::: 13200.00 3,000.00 0.00 0.00 0.00 0.00 0.00 0.00 5b. Nod -Consumable Materials Quantity Unit Cost .i'?......1. ggi Estimated Costa HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income Outreach materials (posters, flyers, etc.) 3.00 500.00 1,500.00 iIN 1,500.00 0.00 0.00 IN 0.00 !IN OM MI 0.00 0 Subtotal - Non -Consumable Materials iNi;W:iiiliM;i:: iiViMiMgig 1 so,.•.i...' "000 1 s0000 i%,...% • • 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Supplies and Materials Cost WENN nffig 17,700.00 a 14,700.00 3,000.00 0.00 0.00 0.00 0.00 0.00 0.00 6. Consultants (Type) Days Rate per Day Estimated Costa HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 0.00 n 0.00 in 0.00 a c"' c'm a 0.00 Total Consultants Cost $OMNI;': 104!ig 0.00 N 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 T. Contracts and Sub -Grantees (List individually) Quantity Unit Cost Estimated Costa, HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income South Bay Asthma Advocacy Program 3.00 8,073.00 24 210.00 .%5:4 24,219.00 000 M 0.00 II.Ip 0.00 0: D'0.000I3I.,: 0001 Total Subcontracts Cost g4.E.0::..,;i:iinEN 24,219.00 ow , 0.00 24,219.00 0.00 OM 0.00 0.00 0.00 0.00 3 form HUD424-CBW(2/2003) Grant Application Detailed Budget Worksheet Detailed Description of Budget 8. Construction Costs 8a. Administrative and legal expenses Quantity Unit Cost . , Estimated Cost V HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 0.00 o.00 A 000 M 0.00 0: 0.00 Subtotal - Administrative and legal expenses maw mom o.o. ,,,,,,, 000 0.00 000 000 0.00 000 0.00 000 8b. Land, structures, rights -of way, appraisal, etc Quantity Unit Cost IApplicant Estimated Cost N HUD Share Match Other HUD Funds Other Federal Share State Share LocaUTribal Share Other Program Income ", M CM 0.00 41. 0.00 Subtotal - Land, structures, rights -of way, ... WIPM0 tiniinail 0.00 M 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8c. Relocation expenses and payments Quantity Unit Cost Estimated Cost.HUD Share Applicant Match Other HUD Funds Other Federal Share State Share LocaUTribal Share Other Program Income 0.4' u" 0.00 ig :§tr. 0-" 0.00 m Subtotal - Relocation expenses and payments alagaN NOM 0.00 iili 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8d. Architectural and engineering fees Quantity Unit Cost p Ls Estimated CosbM HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 0.00 Do° 0 0.00 ik.., om 0.00 p Subtotal - Architectural and engineering fees Nialiit HMO 0.00 A 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8e. Other architectural and engineering fees Quantity Unit Cost Estimated Cost a HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Localffribal Share Other Program Income o.00 01 0.00 iin 0.00 g a.00 m :4. Subtotal - Other architectural and engineering fees NOM iiangffir 0.00 a 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 form HU0424-CBW (2/2003) Grant Application Detailed Budget Worksheet 8f. Project inspection fees Quantity Unit Cost II 4i...i: Estimated Cost M HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income u a, !m am o.00 Subtotal - Project inspection fees inning iiiaaaijj. 0.00 M 0•00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8g. Site work Quantity Unit Cost . • Estimated Costa HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income or* "a 0.00 Subtotal - Site work Minaii•:J;i gaiNN 0.00 a 0.00 0.00 0.00 0.00 000 0.00 0.00 0.00 8h. Demolition and removal Quantity Unit Cost f*i::, 0 Estimated CostAi HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tiibal Share Other Program Income coo 0.00 a OM Subtotal - Demolition and removal agton magiaii. 0.00 a 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O. OD 8i. Construction Quantity Unit Cost Estimated Cos(igi HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income o.00 ia 0.00 o.00 :41 Subtotal - Construction giMENiiiiniain 0.00 i'iIii 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8j. Equipment Quantity Unit Cost Estimated Costiiiiiiiii HUD Share Applicant Match Other HUD Funds Other Federal Share State Share LocatfTribal Share Other Program Income 0.00 0-00 S! ..no im •:•:3 ... Subtotal - Equipment MOM EingE 0.00 a .0.00 0.00 0.00 0.00 000 0.00 0.00 0.00 8k. Contingencies Quantity Unit Cost Estimated Costa; HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income MC D'M " a Subtotal - Contingencies MOM M§H§E 0.00 g 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 81. Miscellaneous Quantity Unit Cost 1..: '0 fifi'j• Estimated Costa HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 0.00 gg! 0.00 aii OM ig Subtotal - Miscellaneous ;NEMER wimpm 0.00 al 0.00 0.00 0, 0.00 0.00 0.00 0.00 0.00 Total Construction Costs wig* t* ..o. rei 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5 term HUO-424-CBW (2/2003) Grant Application Detailed Budget Worksheet 9. Other Direct Costs Quantity Unit Cost IN IM Estimated Cost. HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income Item Cell phone allowance 36.110 40.00 1.440.00 igir 1440.00 , 0.00 y Ma a" ja 0.00 OM N. 000 ].ig 0.00 0.00 in 0.0° gg 0.0. m: 09a 0.00 Total Other Direct Costs i]iiiiggiii:i:iliQii:ii] ilMeg 1,44o.00 in 1,440.00 0.00_ 0.00 0.00 0.00 0.00 0.00 0.00 Ni Subtotal of Direct Costs immasom 258,672.74 R 231453.74 27,219.001 0.00 0.001_ 0.00 0.00 0.00 0.00 10. tndirect Costs Rate Base Ili Estimated cost: HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income Type N Overhead 0.15 231.043.74 3056.56 ....iis 94.656.56 0.00 OM a" a" "" ilgii] Total Indirect Costs ' "*"•' -/ Mgaiganw, 34,656.56 jiiiiiiii 34,656.56 0.00 0.00 0.00 0.00 0.00 0.00 OM Total Estimated Costs _..........w.:1:::::::*mmx ginEliM ii5.64$...4;$:*193 329 30 M110.30 • , • 7,219.00 0.00 0.00 0.00 0.00 0.00 0.00 tom HUI:142446W (202003) Grant Application Detailed Budget Worksheet OMB Approval No. 2501-0017 Exp. 01/31/2008 Detailed Description of Budget Ana ysis of Total Estimated Costs Estimated Cost Percent of Total 1 Personnel (Direct Labor) 163,924.80 55.88% 2 Fringe Benefits 45,898.94 15.65% 3 Travel 5,490.00 1.87% 4 Equipment 0.00 0.00% 5 Supplies and Materials 17,700.00 6.03% 6 Consultants 0.00 0.00% 7 Contracts and Sub -Grantees 24,219.00 8.26% 8 Construction 0.00 0.00% 9 Other Direct Costs 1,440.00 0.49% 10 Indirect Costs 34,656.56 11.81 % Total: 293,329.30 100.00% HUD Share: 266,110.30 90.72% Match (Expressed as a percentage of the Federal Share): 27,219.00 10.23% 7 form HUD-424-CBW (2/2003) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 (619) 336-4226 February 9, 2006 Mr. Michael Collins South Bay Asthma Advocacy Program Paradise Valley Hospital 2400 E 4th Street National City, CA 91950 Dear Mr. Collins, On December 20, 2005, Resolution No. 2005-266 was passed and adopted by the City Council of the City of National City, authorizing the Mayor to execute an agreement with Paradise Valley Hospital to perform Healthy Homes inspections. We are forwarding a certified copy of the above Resolution and one fully executed original agreement for your files. Michael R. Dalla City Clerk Enclosure cc: Building & Safety File No. C2005-69 6) Recycled Paper RESOLUTION 2005 — 266 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PARADISE VALLEY HOSPITAL IN THE AMOUNT OF $226,110 TO PERFORM HEALTHY HOMES INSPECTIONS IN THE TARGET AREA WEST OF 1-805 FOR THE HUD HEALTHY HOMES GRANT WHEREAS, the City desires to employ a contractor to perform Healthy Homes inspections in the target area west of 1-805 for the HUD Healthy Homes Grant; and WHEREAS, the City has determined that Paradise Valley Hospital is a non-profit health care corporation, and is qualified by experience and ability to perform the services desired by the City, and Paradise Valley Hospital is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Paradise Valley Hospital in the amount of $226,110 to perform Healthy Homes inspections in the target area west of 1-805 for the HUD Healthy Homes Grant. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of December, 2005. olo Nick Inzunza, ayor ATTEST: Afcx:/ae Mic eel R. Dalla, ity Clerk APPROVED AS TO FORM: George H. 4iser, III City Attorney Passed and adopted by the Council of the City of National City, California, on December 20, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City clerk of the City of atonal City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-266 of the City of National City, California, passed and adopted by the Council of said City on December 20, 2005. City Clerk of the City of National City, California By: Deputy