HomeMy WebLinkAbout2007 CON Trauma Intervention Programs - CDBG 07-08SUBRECIPIENT AGREEMENT
By and Between the
City of National City and Trauma Intervention Programs
for
Crisis Intervention Team
THIS AGREEMENT, entered this day of tt , 2007 by and between the City of National City
(herein called the "Grantee") and Trauma Intervention Programs (herein called the
"Subrecipient").
WHEREAS, the Grantee has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law
93-383; and
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such
funds;
NOW, THEREFORE, it is agreed between the parties hereto that;
SCOPE OF SERVICE
A. Activities: The Subrecipient will be responsible for administering the program titled,
Crisis Intervention Team in a manner satisfactory to the Grantee and consistent with
any standards required as a condition of providing these funds. Such program will include
activities eligible under the Community Development Block Grant (CDBG) program, as
specified in Exhibit A, attached and incorporated herein.
B. National Obiectives: All activities funded with CDGB funds must meet one of the CDBG
program's National Objectives: benefit low- and moderate -income persons; aid in the
prevention or elimination of slums or blight; or meet community development needs
having a particular urgency, as defined in 24 CFR 570.208
The Subrecipient certifies that the activity(ies) carried out under thls Agreement will meet
the National Objective of serving Low Income Persons
C. Levels of Accomplishment — Goals and Performance Measures: The levels of
accomplishment may include such measures as units rehabbed, persons or households
assisted, or meals served, and should also include time frames for performance. Refer to
Exhibit A for levels of program services.
D. Staffing: Subrecipient shall be responsible for staff and time to be allocated to each
activity, as set forthin Exhibit A, attached hereto and incorporated herein.
E. Performance Monitoring: The Grantee will monitor the performance of the Subrecipient
against goals and performance standards as stated above. Substandard performance as
determined by the Grantee will constitute noncompliance with this Agreement. If action to
correct such substandard performance is not taken by the Subrecipient within a
reasonable period of time after being notified by the Grantee, contract suspension or
termination procedures will be initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 1st day of July 2007 and end on the.30`h day of
June of 2008 in the case of Public Services and in the case of Capital Improvements end on
June 30. 2009. The term of this Agreement and the provisions herein shall be extended to
cover any additional time period during which the Subrecipient remains in control of CDBG
funds or other CDBG assets, including program income.
III. BUDGET
Any indirect costs charged must be consistent with the conditions of Paragraph VII (C)(2) of
this Agreement. Subrecipient shall adhere to the budget breakdown, attached as Exhibit B
and incorporated herein. Any amendments to the budget must be approved in writing by both
the Grantee and the Subrecipient.
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IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under
this Agreement shall not exceed Eight Thousand Dollars ($8.000). Drawdowns for the
payment of eligible expenses shall be made against the line item budgets specified In
Paragraph III herein and in accordance with performance. Expenses for general administration
shall also be paid against the line item budgets specified in Paragraph III and in accordance
with performance.
Payments may be contingent upon certification of the Subrecipient's financial management
system in accordance with the standards specified in 24 CFR 84.21.
V. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic
means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or
sending. All notices and other written communications under this Agreement shall be
addressed to the individuals in the capacities indicated below, unless otherwise modified by
subsequent written notice.
Communication and details concerning this contract shall be directed to the following contract
representatives:
Grantee - ".
.'Stibi•ecipi;nt -
Contact Person:
Janet Flores
Contact Person:
Jae Marciano, Executive Director
Organization:
City of National City
Organization:
Trauma Intervention Programs
Address: 1243 National City Boulevard
National City, CA 91950-4301
Address: 2560 Orion Way
Carlsbad, CA 92010
_
Telephone:
(619) 336-4563
Telephone:
(760) 931-2104
Email:
]Flores@ci.national-city.ca.us
Email:
tipsandiego@sbcglobal.net
VI. GENERAL CONDITIONS
A. General Compliance: The Subrecipient agrees to comply with the requirements of
Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban
Development regulations concerning Community Development Block Grants (CDBG))
including subpart K of these regulations, except that (1) the Subrecipient does not
assume the recipient's environmental responsibilities described in 24 CFR 570.604 and
(2) the Subrecipient does not assume the recipient's responsibility for initiating the
review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to
comply with all other applicable Federal, state and local laws, regulations, and policies
governing the funds provided under this contract. The Subrecipient further agrees to
utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available.
B. "Independent Contractor": Nothing contained in this Agreement is intended to, or
shall be construed in any manner, as creating or establishing the relationship of
employer/employee between the parties. The Subrecipient shall at all times remain an
"independent contractor" with respect to the services to be performed under this
Agreement. The Grantee shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Workers'
Compensation Insurance, as the Subrecipient is an independent contractor.
C. Hold Harmless: The Subrecipient shall hold harmless, defend and indemnify the
Grantee from any and all claims, actions, suits, charges and judgments whatsoever that
arise out of the Subrecipient's performance or nonperformance of the services or subject
matter called for in this Agreement.
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D. Workers' Comuensation: The Subrecipient shall provide Workers' Compensation
Insurance coverage for all of its employees involved in the performance of this
Agreement.
E. Insurance & Bonding: The Subrecipient shall carry sufficient insurance coverage to
protect contract assets from loss due to theft, fraud and/or undue physical damage, and
as a minimum shall purchase a blanket fidelity bond covering all employees in an
amount equal to cash advances from the Grantee.
The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR
84.31 and 84.48, Bonding and Insurance.
F. Grantee Recognition: The Subrecipient shall insure recognition of the role of the
Grantee in providing services through this Agreement. All activities, facilities and items
utilized pursuant to this Agreement shall be prominently labeled as to funding source. In
addition, the Subrecipient will include a reference to the support provided herein in all
publications made possible with funds made available under this Agreement.
G.
Amendments: The Grantee or Subrecipient may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement, and are
executed in writing, signed by a duly authorized representative of each organization, and
approved by the Grantee's governing body. Such amendments shall not invalidate this
Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under
this Agreement.
The Grantee may, in its discretion, amend this Agreement to conform with Federal, state
or local governmental guidelines, policies and available funding amounts, or for other
reasons. If such amendments result in a change in the funding, the scope of services, or
schedule of the activities to be undertaken as part of this Agreement, such modifications
will be incorporated only by written amendment signed by both Grantee and
Su breci pi ent.
H. Suspension or Termination: In accordance with 24 CFR 85.43, the Grantee may
suspend or terminate this Agreement if the Subrecipient materially fails to comply with
any terms of this Agreement, which include (but are not limited to) the following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein,
or such statutes, regulations, executive orders, and HUD guidelines, policies or
directives as may become applicable at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner
its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the Grantee reports that are incorrect or
incomplete in any material respect.
The Grantee shall have the right, in accordance with 24 C.F.R. 85.43, to terminate this
Agreement immediately or withhold payment of invoice for failure of the SUB -RECIPIENT
to comply with the terms and conditions of this Agreement. Should the Grantee decide
to terminate this Agreement, after a full evaluation of all circumstances has been
completed, the SUB -RECIPIENT shall, upon written request, have the right to an appeal
process. A copy of the appeal process will be attached to any termination notice.
If the Grantee finds that the SUB -RECIPIENT has violated the terms and conditions of
this Agreement, the SUB -RECIPIENT may be required to:
1. Repay all monies received from the Grantee under this Agreement; and/or
2. Transfer possession of all materials and equipment purchased with grant money to
the Grantee.
In the case of early termination, a final payment may be made to the SUB -RECIPIENT
upon receipt of a Final Report and invoices covering eligible costs incurred prior to
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termination. The total of all payments, including the final payment, shall not exceed the
amount specified in this Agreement.
I. Termination for Convenience: In accordance with 24 CFR 85.44, this Agreement
may also be terminated for convenience by either the Grantee or the Sub -recipient, in
whole or in part, by setting forth the reasons for such termination, the effective date,
and, in the case of partial termination, the portion to be terminated. However, if In the
case of a partial termination, the Grantee determines that the remaining portion of the
award will not accomplish the purpose for which the award was made, the Grantee may
terminate the award in its entirety. Grantee and sub -recipient agree to provide written
notice to the other party thirty (30) days prior to the effective date of any termination,
in whole or part, for convenience.
VII. ADMINISTRATIVE REOUIREMENTS
A. Financial Management
1. Accounting Standards: The Subrecipient agrees to comply with 24 CFR 84.21 28
and agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation for
all costs incurred.
2. Cost Principles: The Subrecipient shall administer its program in conformance with
OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost
Principles for Educational Institutions," as applicable. These principles shall be
applied for all costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record Keening
1. Records to be Maintained: The Subrecipient shall maintain all records required by
the Federal regulations specified in 24 CFR 570.506, that are pertinent to the
activities to be funded under this Agreement. Such records shall Include but not be
limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, Improvement, use or disposition
of real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program;
f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
g. Other records necessary to document compliance with Subpart K of 24 CFR
Part 570.
2. Retention: The Subrecipient shall retain all financial records, supporting
documents, statistical records, and all other records pertinent to the Agreement for
a period of four (4) years. The retention period begins on the date of the submission
of the Grantee's annual performance and evaluation report to HUD in which the
activities assisted under the Agreement are reported on for the final time.
Notwithstanding the above, if there is litigation, claims, audits, negotiations or other
actions that involve any of the records cited and that have started before the
expiration of the four-year period, then such records must be retained until
completion of the actions and resolution of all issues, or the expiration of the four-
year period, whichever occurs later.
3. Client Data: The Subrecipient shall maintain client data demonstrating client
eligibility for services provided. Such data shall include, but not be limited to, client
name, address, income level or other basis for determining eligibility, and
description of service provided. Such Information shall be made available to Grantee
monitors or their designees for review upon request.
4. Disclosur@: The Subrecipient understands that client information collected under
this contract is private and the use or disclosure of such information, when not
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directly connected with the administration of the Grantee's or Subrecipient's
responsibilities with respect to services provided under this contract, is prohibited by
the State and for Federal law unless written consent is obtained from such person
receiving service and, in the case of a minor, that of a responsible parent/guardian.
5. Close-outg: The Subrecipient's obligation to the Grantee shall not end until all
close-out requirements are completed. Activities during this close-out period shall
include, but are not limited to: making final payments, disposing of program assets
(including the return of all unused materials, equipment, unspent cash advances,
program income balances, and accounts receivable to the Grantee), and determining
the custodianship of records. Not withstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the Subrecipient has control
over CDBG funds, including program income.
6. Audits & Inspections: All Subrecipient records with respect to any matters
covered by this Agreement shall be made available to the Grantee, grantor agency,
and the Comptroller General of the United States or any of their authorized
representatives, at any time during normal business hours, as often as deemed
necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
Any deficiencies noted in audit reports must be fully cleared by the Subrecipient
within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to
comply with the above audit requirements will constitute a violation of this contract
and may result in the withholding of future payments. The Subrecipient hereby
agrees to have an annual agency audit conducted in accordance with current
Grantee policy concerning subrecipient audits and OMB Circular A-133.
7. Additional Documentation: Subrecipient agrees to provide a list of its Board of
Directors, By -Laws, Exhibit C, and any additional documents, as required in Exhibit
"D" and "E," attached and incorporated herein.
C. Reporting and Payment Procedures
1. Program Income: The Subrecipient shall report quarterly all program income (as
defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds
made available under this contract. The use of program income by the Subrecipient
shall comply with the requirements set forth at 24 CFR 570.504. By way of further
limitations, the Subrecipient may use such income during the contract period for
activities permitted under this contract and shall reduce requests for additional funds
by the amount of any such program income balances on hand. All unexpended
program income shall be returned to the Grantee at the end of the contract period.
Any interest earned on cash advances from the U.S. Treasury and from funds held in
a revolving fund account is not program income and shall be remitted promptly to
the Grantee.
2. Indirect Costs: If indirect costs are charged, the Subrecipient will develop an
indirect cost allocation plan for determining the appropriate Subrecipient's share of
administrative costs and shall submit such plan to the Grantee for approval, in a
form specified by the Grantee.
3. Payment Procedures: The Grantee will pay to the Subrecipient funds available
under this Agreement based upon information submitted by the Subrecipient and
consistent with any approved budget and Grantee policy concerning payments. With
the exception of certain advances, payments will be made for eligible expenses
actually incurred by the Subrecipient, and not to exceed actual cash requirements.
Payments will be adjusted by the Grantee in accordance with advance fund and
program income balances available in Subrecipient accounts. In addition, the
Grantee reserves the right to liquidate funds available under this contract for costs
incurred by the Grantee on behalf of the Subrecipient.
4. Progress Reports: The Subrecipient shall submit regular Progress Reports to the
Grantee in the form, content, and frequency as required by the Grantee.
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D. procurement:
1. Compliance: The Subrecipient shall comply with current Grantee policy concerning
the purchase of equipment and shall maintain inventory records of all non -
expendable personal property as defined by such policy as may be procured with
funds provided herein. All program assets (unexpended program income, property,
equipment, etc.) shall revert to the Grantee upon termination of this Agreement.
2. OMB Standards: Unless specified otherwise within this agreement, the
Subrecipient shall procure all materials, property, or services in accordance with the
requirements of 24 CFR 84.40-48.
3. Travel: The Subrecipient shall obtain written approval from the Grantee for any
travel outside the metropolitan area with funds provided under this Agreement.
E. Use and Reversion of Assets:
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and
570.504, as applicable, which include but are not limited to the following:
1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any
accounts receivable attributable to the use of funds under this Agreement at the
time of expiration, cancellation, or termination.
2. Real property under the Subrecipient's control that was acquired or improved, in
whole or in part, with funds under this Agreement in excess of $25,000 shall be used
to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five
(5) years after expiration of this Agreement [or such longer period of time as the
Grantee deems appropriate]. If the Subrecipient fails to use CDBG-assisted real
property in a manner that meets a CDBG National Objective for the prescribed
period of time, the Subrecipient shall pay the Grantee an amount equal to the
current fair market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Such payment shall constitute program income to the Grantee. The Subrecipient
may retain real property acquired or improved under this Agreement after the
expiration of the five-year period [or such longer period of time as the Grantee
deems appropriate].
3. In all cases in which equipment acquired, in whole or in part, with funds under this
Agreement is sold, the proceeds shall be program income (prorated to reflect the
extent to that funds received under this Agreement were used to acquire the
equipment). Equipment not needed by the Subrecipient for activities under this
Agreement shall be (a) transferred to the Grantee for the CDBG program or (b)
retained after compensating the Grantee [an amount equal to the current fair
market value of the equipment Tess the percentage of non-CDBG funds used to
acquire the equipment].
VIII. RELOCATION, REAL PROPERTY ACOUISITION AND ONE -FOR -ONE HOUSING
REPLACEMENT
The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at
49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing
the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the
HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation
policies. [The Grantee may preempt the optional policies.] The Subrecipient shall provide
relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are
displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-
assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances,
resolutions and policies concerning the displacement of persons from their residences.
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IX. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Riahts
1. Compliance; The Subrecipient agrees to comply with local and state civil rights
ordinances here and with Title VI of the Civil Rights Act of 1964 as amended, Title
VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of
Title I of the Housing and Community Development Act of 1974 as amended, Section
504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order
11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.
2. Nondiscrimination: The Subrecipient agrees to comply with the non-
discrimination in employment and contracting opportunities laws, regulations, and
executive orders referenced in 24 CFR 570.607, as revised by Executive Order
13279. The applicable non-discrimination provisions in Section 109 of the HCDA are
still applicable.
4. Land Covenants: This contract is subject to the requirements of Title VI of the
Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard
to the sale, lease, or other transfer of land acquired, cleared or improved with
assistance provided under this contract, the Subrecipient shall cause or require a
covenant running with the land to be inserted in the deed or lease for such transfer,
prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use
or occupancy of such land, or in any improvements erected or to be erected thereon,
providing that the Grantee and the United States are beneficiaries of and entitled to
enforce such covenants. The Subrecipient, in undertaking its obligation to carry out
the program assisted hereunder, agrees to take such measures as are necessary to
enforce such covenant, and will not itself so discriminate.
4. Section 504: The Subrecipient agrees to comply with all Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794), which prohibits discrimination against the individuals with disabilities or
handicaps in any Federally assisted program. The Grantee shall provide the
Subrecipient with any guidelines necessary for compliance with that portion of the
regulations in force during the term of this Agreement.
B. Affirmative Action
1. Approved Plan: The Subrecipient agrees that it shall be committed to carry out
pursuant to the Grantee's specifications an Affirmative Action Program in keeping
with the principles as provided in President's Executive Order 11246 of September
24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient
to assist in the formulation of such program. The Subrecipient shall submit a plan for
an Affirmative Action Program for approval prior to the award of funds, consistent
with the policy in Exhibit "F", attached hereto and incorporated herein.
2. Women- and Minority -Owned Businesses (W/MBE1: The Subrecipient will use
its best efforts to afford small businesses, minority business enterprises, and
women's business enterprises the maximum practicable opportunity to participate in
the performance of this contract. As used in this contract, the terms "small business"
means a business that meets the criteria set forth in section 3(a) of the Small
Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one (51) percent owned and controlled by
minority group members or women. For the purpose of this definition, "minority
group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or
Spanish -heritage Americans, Asian -Americans, and American Indians. The
Subrecipient may rely on written representations by businesses regarding their
status as minority and female business enterprises in lieu of an Independent
investigation.
3. Access to Records: The Subrecipient shall furnish and cause each of its own
subrecipients or subcontractors to furnish all information and reports required
hereunder and will permit access to its books, records and accounts by the Grantee,
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HUD or its agent, or other authorized Federal officials for purposes of investigation
to ascertain compliance with the rules, regulations and provisions stated herein.
4. Notifications: The Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the agency contracting officer, advising
the labor union or worker's representative of the Subrecipient's commitments
hereunder, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5. Equal Employment Opportunity and Affirmative Action (EEO/AA)
Statement: The Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of the Subrecipient, state that it is an Equal
Opportunity or Affirmative Action employer.
6. Subcontract Provisions: The Subrecipient will include the provisions of
Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or
purchase order, specifically or by reference, so that such provisions will be binding
upon each of its own subrecipients or subcontractors.
C. Employment Restrictions
1. Prohibited Activity: The Subrecipient is prohibited from using funds provided
herein or personnel employed in the administration of the program for: political
activities; inherently religious activities; lobbying; political patronage; and nepotism
activities.
2. Labor Standards: The Subrecipient agrees to comply with the requirements of the
Secretary of Labor in accordance with the Davis -Bacon Act as amended, the
provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.)
and all other applicable Federal, state and local laws and regulations pertaining to
labor standards insofar as those acts apply to the performance of this Agreement.
The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C.
874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29
CFR Part 5. The Subrecipient shall maintain documentation that demonstrates
compliance with hour and wage requirements of this part. Such documentation shall
be made available to the Grantee for review upon request.
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property containing less than eight (8) units, all
contractors engaged under contracts in excess of $2,000.00 for construction,
renovation or repair work financed in whole or in part with assistance provided under
this contract, shall comply with Federal requirements adopted by the Grantee
pertaining to such contracts and with the applicable requirements of the regulations
of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the
payment of wages and ratio of apprentices and trainees to journey workers;
provided that, if wage rates higher than those required under the regulations are
imposed by state or local law, nothing hereunder is intended to relieve the
Subrecipient of its obligation, if any, to require payment of the higher wage. The
Subrecipient shall cause or require to be inserted In full, in all such contracts subject
to such regulations, provisions meeting the requirements of this paragraph.
3. "Section 3" Clause
a. Compliance: Compliance with the provisions of Section 3 of the HUD Act of
1968, as amended, and as implemented by the regulations set forth in 24 CFR
135, and all applicable rules and orders issued hereunder prior to the execution
of this contract, shall be a condition of the Federal financial assistance provided
under this contract and binding upon the Grantee, the Subrecipient and any of
the Subrecipient's subrecipients and subcontractors. Failure to fulfill these
requirements shall subject the Grantee, the Subrecipient and any of the
Subrecipient's subrecipients and subcontractors, their successors and assigns, to
those sanctions specified by the Agreement through which Federal assistance is
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provided. The Subrecipient certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3" requirements
and to include the following language in all subcontracts executed under this
Agreement:
"The work to be performed under this Agreement is a project
assisted under a program providing direct Federal financial
assistance from HUD and is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701). Section 3 requires that to the
greatest extent feasible opportunities for training and
employment be given to low- and very low-income residents of
the project area, and that contracts for work in connection with
the project be awarded to business concerns that provide
economic opportunities for low- and very low-income persons
residing in the metropolitan area in which the project is located."
The Subrecipient further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including
reduction and abatement of lead -based paint hazards), housing construction, or
other public construction project are given to low- and very low-income persons
residing within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to low- and very low-income
persons within the service area of the project or the neighborhood in which the
project is located, and to low- and very low-income participants in other HUD
programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead -based paint
hazards), housing construction, or other public construction project to business
concerns that provide economic opportunities for low- and very low-income
persons residing within the metropolitan area in which the CDBG-funded project
is located; where feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low-income residents within the
service area or the neighborhood in which the project is located, and to low- and
very low-income participants in other HUD programs.
The Subrecipient certifies and agrees that no contractual or other legal
incapacity exists that would prevent compliance with these requirements.
b. Notifications: The Subrecipient agrees to send to each labor organization or
representative of workers with which it has a collective bargaining agreement
or other contract or understanding, if any, a notice advising said labor
organization or worker's representative of its commitments under this Section
3 clause and shall post copies of the notice in conspicuous places available to
employees and applicants for employment or training.
c. Subcontracts: The Subrecipient will include this Section 3 clause in every
subcontract and will take appropriate action pursuant to the subcontract upon
a finding that the subcontractor is in violation of regulations issued by the
grantor agency. The Subrecipient will not subcontract with any entity where it
has notice or knowledge that the latter has been found in violation of
regulations under 24 CFR Part 135 and will not let any subcontract unless the
entity has first provided it with a preliminary statement of ability to comply
with the requirements of these regulations.
D. Conduct
1. Assignability: The Subrecipient shall not assign or transfer any interest in this
Agreement without the prior written consent of the Grantee thereto; provided,
however, that claims for money due or to become due to the Subrecipient from
the Grantee under this contract may be assigned to a bank, trust company, or
other financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to the Grantee.
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2. Subcontracts:
a. Approvals: The Subrecipient shall not enter into any subcontracts with any
agency or individual in the performance of this contract without the written
consent of the Grantee prior to the execution of such agreement.
b. Monitoring: The Subrecipient will monitor all subcontracted services on a
regular basis to assure contract compliance. Results of monitoring efforts shall
be summarized in written reports and supported with documented evidence of
follow-up actions taken to correct areas of noncompliance.
c. Content: The Subrecipient shall cause all of the provisions of this contract in
its entirety to be included in and made a part of any subcontract executed in
the performance of this Agreement.
d. Selection Process: The Subrecipient shall undertake to insure that all
subcontracts let in the performance of this Agreement shall be awarded on a
fair and open competition basis in accordance with applicable procurement
requirements. Executed copies of all subcontracts shall be forwarded to the
Grantee along with documentation concerning the selection process.
3. Hatch Act: The Subrecipient agrees that no funds provided, nor personnel
employed under this Agreement, shall be in any way or to any extent engaged in
the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.
4. Conflict of Interest: The Subrecipient agrees to abide by the provisions of 24
CFR 84.42 and 570.611, which include (but are not limited to) the following:
a. The Subrecipient shall maintain a written code or standards of conduct that
shall govern the performance of its officers, employees or agents engaged in
the award and administration of contracts supported by Federal funds.
b. No employee, officer or agent of the Subrecipient shall participate in the
selection, or in the award, or administration of, a contract supported by
Federal funds if a conflict of interest, real or apparent, would be involved.
c. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a
position to participate in a decision -making process or gain inside information
with regard to such activities, may obtain a financial interest in any contract,
or have a financial interest in any contract, subcontract, or agreement with
respect to the CDBG-assisted activity, or with respect to the proceeds from the
CDBG-assisted activity, either for themselves or those with whom they have
business or immediate family ties, during their tenure or for a period of one
(1) year thereafter. For purposes of this paragraph, a "covered person"
includes any person who is an employee, agent, consultant, officer, or elected
or appointed official of the Grantee, the Subreciplent, or any designated public
agency.
5. Lobbying: The Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
Subrecipient Agreement
Page 10 of 13
b. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, it will
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions; and
c. It will require that the language of paragraph (d) of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all Subrecipients shall certify and
disclose accordingly:
d. Lobbying Certification: This certification is a material representation of
fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S.C. Any
person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each
such failure.
6. Coovriaht: If this contract results in any copyrightable material or inventions, the
Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive
and irrevocable license to reproduce, publish or otherwise use and to authorize
others to use, the work or materials for governmental purposes.
7. Religious Activities: The Subrecipient agrees that funds provided under this
Agreement will not be utilized for inherently religious activities prohibited by 24
CFR 570.200(j), such as worship, religious instruction, or proselytization.
X. ENVIRONMENTAL CONDITIONS
A. Air and Water: The Subrecipient agrees to comply with the following requirements
insofar as they apply to the performance of this Agreement:
• Clean Air Act, 42 U.S.C. , 7401, et seq.;
• Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and information, as
well as other requirements specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder;
• Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as
amended.
B. Flood Disaster Protection: In accordance with the requirements of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities
located in an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance Program
is obtained and maintained as a condition of financial assistance for acquisition or
construction purposes (including rehabilitation).
C. Lead -Based Paint: The Subrecipient agrees that any construction or rehabilitation of
residential structures with assistance provided under this Agreement shall be subject to
HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B.
Such regulations pertain to all CDBG-assisted housing and require that all owners,
prospective owners, and tenants of properties constructed prior to 1978 be properly
notified that such properties may Include lead -based paint. Such notification shall point
out the hazards of lead -based paint and explain the symptoms, treatment and precautions
that should be taken when dealing with lead -based paint poisoning and the advisability
and availability of blood lead level screening for children under seven. The notice should
also point out that if lead -based paint is found on the property, abatement measures may
be undertaken. The regulations further require that, depending on the amount of Federal
Suhrecipient Agreement
Page 1 i of 13
funds applied to a property, paint testing, risk assessment, treatment and/or abatement
may be conducted.
D. Historic Preservation: The Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic
Preservation Procedures for Protection of Historic Properties, insofar as they apply to the
performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, state, or local historic property list.
XI. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be
affected thereby and all other parts of this Agreement shall nevertheless be in full force and
effect.
XII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this Agreement.
XIII. WAIVER
The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its
right to act with respect to subsequent or similar breaches. The failure of the Grantee to
exercise or enforce any right or provision shall not constitute a waiver of such right or
provision.
XIV. INTERPRETATION OF THE AGREEMENT
The interpretation, validity, and enforcement of the Agreement shall be governed by and
construed under the laws of the State of California. The Agreement does not limit any other
rights or remedies available to the Grantee. The SUB -RECIPIENT shall be responsible for
complying with all local, state, and federal laws whether or not said laws are expressly stated
or referred to herein. Should any provision herein be found or deemed to be invalid, the
Agreement shall be construed as not containing such revision, and all other provisions which
are otherwise lawful shall remain in full force and effect, and to this end the provisions of this
Agreement are severable.
XV. ATTORNEY'S FEES
In the event any legal action or proceeding is commenced to interpret or enforce the terms
of, or obligations arising out of, this Agreement, or to recover damages for the breach thereof,
the party prevailing in any such action or proceeding shall be entitled to recover from the non -
prevailing party all reasonable attorney's fees, costs, and expenses incurred by the prevailing
party.
XVI. ENTIRE AGREEMENT
This agreement constitutes the entire agreement and the attachments referenced below
between the Grantee and the Subrecipient for the use of funds received under this Agreement
and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral, or written between the Grantee and the Subrecipient with respect to this
Agreement.
ATTACHMENTS
Exhibit A -Scope of Services
Exhibit B-Budget
Exhibit C-Board of Directors and Bylaws
Exhibit D-Technical Assistance Materials
Exhibit E-Affirmative Action Policy
Subrecipient :Agreement
Page 12 of I9
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.
City of National City
Ron Morrison
Mayor, City of National City
APPROVED AS TO FORM
George Eiser
City Attorney
ATTES
N
City Clerk
Trauma Intervention Programs
Jae Mariiano
Executi ,- Director
Subrecipient Agreement
Page t s of 13
EXHIBIT A
SCOPE OF SERVICES
1. The Trauma Intervention Program/Crisis Intervention Team consists of the following
activities:
pctivit i De cription „
Citizen volunteers provide immediate support to emotionally traumatized citizens of
National City after suffering a tragic event. Fire, Police, and medics personnel calls are
placed to TIP, whenever assistance is needed.
1. Staff Salaries for Crisis Team Manager who oversees volunteers.
2. Insurance Bill for liability for volunteers.
3. Marketing and Advertising for recruitment of volunteers.
2. The following lists the staff and time commitments to be allocated to activity listed above.
. x Hours A11toc #ed
Staff Me�ii'be�:Name ar+dTitfe.;.'`�, ,..:.
Sam Carlson, Crisis Team Manager 28 Hours Per Week
3. Billing Method: Monthly Quarterly X
4. List the type of supporting documentation to be provided:
Timesheets
Bills
Receipts
5. List the major/key activity milestones:
Major Activity
Milestones
Provide Program Services
Month
2 3
4
5
6
7
8
9 10
11
12
EXHIBIT B
BUDGET
Agency Name: Trauma Intervention Program
Activity Name: Crisis Intervention Team
Description
CDBG
BUDGET
OTHER
RESOURCES
TOTAL
BUDGET
1) Personnel (Direct labor)
$5,000
2) Insurance
$2,000
3) Marketing/Advertisement
$1,000
5) Sub Total for Direct Costs
$8,000
6) Indirect Costs (Overhead)
-
TOTAL
$
8,000
$
-
$
-
EXHIBIT C
TIP
TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO COUNTY, INC.
BOARD OF DIRECTORS
2007-2008
Chief David Burk, President
Fire Chief, City of La Mesa
Chris Saunders, Vice President
Thomas Jefferson School of Law
Debbie Fountain, Treasurer
City of Carlsbad
Director of I lousing and Redevelopment
Jim Schroder, Secretary
Independent Business Owner
Lt. Joe Young
Oceanside Police Department
Sheri Guscrnan
Professor, Grossmont College
Darlene Duncan, Secretary
Crime Prevention Spec., Poway Sheriff's Dept.
Holly Grubs
Attorney
Cindy Roark
Former President, MADD San Diego
Past Chairman of the MADD National Advisory Board
EXHIBIT C
BYLAWS OF
TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO COUNTY, INC.
A California Public Benefit Corporation
ARTICLE 1: Name, Office _
Section 1.01 Name of the Corporation
'1'hc name of this Corporation shall be TRAIJMA INTERVENTION PROGRAMS OF SAN DIEGO
COUNTY, INC. (hereinafter referred to as the "Corporation").
Section 1.02 - Principal Office
The principal executive office for the transaction of the business of the Corporation is located in the State of
California, County of San Diego.
The Board of Directors (hereinafter referred to as the "BOD") may change the principal office from one
location to another. Any change of this location shall he noted by the Secretary on these Bylaws opposite
this section, or this section may be amended to state the new location.
Section 1.03 - Other Offices
The BOD or their designee may at any time establish branch or subordinate offices at any place or places
where the Corporation is qualified to do business.
ARTICLE 2: Purpose
Section 2.01 - Purpose
The general purpose of this Corporation is to ensure that victims of traumatic events receive the emotional
and practical support they need immediately following the traumatic occurrence.
,Section 2.02 - Nonpartisan Activities
This Corporation has been formed under the California Corporation Law for the purpose described herein at
Article 2, Section 2.01, and it shall be nonprofit and nonpartisan. No substantial part of the activities of the
Corporation shall consist of the publication or dissemination of materials with the purpose of attempting to
influence legislation, and the Corporation shall not participate or intervene in any political campaign on
behalf of any candidate for public office or for or against any cause or measure being submitted to the people
for a vote.
The Corporation shall riot, except in an insubstantial degree, engage in any activities or exercise any powers
that are not in furtherance of the purpose described above.
Trauma intervention Programs
Bylaws 2
ARTICLE 3: Membership and Meetings
Section 3.0/ -- Voting Members of the Corporation
Voting members shall consist of the members of the BOD of the Corporation. Effective July 1, 1996 and
thereafter, no voting member shall be an active program volunteer.
Section 3.02 — Honorary .Members
Any individual or organization that subscribes to the purposes and basic policies of the Corporation and
whose admission will contribute to the Corporation's ability to carry out its charitable and educational
purposes may become an honorary member of the Corporation.
Section 3.03 - Application for Membership to the Board of Directors
Applications for membership to the ROD shall be submitted by the Executive Director or the BOD of the
Corporation on a written form prescribed and approved by the BOD. The Executive Director shall transmit
such applications for consideration to the BOD who shall evaluate such applications in order to determine
the applicant's eligibility for membership. Membership shall be conferred upon the applicant by a simple
majority of the votes cast at a regular or special meeting of the BOD or by a simple vote though a written
ballot emailed to the members at the direction of the BOD.
Section 3. 01 - Application for Honorary and Advisory Membership
Honorary and advisory membership shall he conferred upon the individual by a simple majority of the votes
cast at a regular or special meeting of the BOD or by email vote.
Section 3.05 Rights of Directors
Each member of the Corporation shall he entitled to one vote on each matter submitted to a vote at the
meeting of the BOD, except to the extent that the voting rights are limited or denied by the Articles of
Incorporation. No member shall be entitled to any dividend or any part of the income of the Corporation or
to share in the distribution of the corporate assets upon the dissolution of the Corporation.
Section 3.06 Rights of Honorary and Advisory Members
I Ionorary and advisory members shall have all the rights and privileges of this Corporation except that they
shall not vote or hold office. No honorary member shall he entitled to any dividend or any part of the
income of the Corporation or to share in the distribution of the corporate assets upon the dissolution of the
Corporation.
Trauma Intervention Programs
Bylaws 3
Section 3.07 — Resignation of Directors, Honorary, & Advisory Members
Any BOD member or honorary member or advisory member may resign from the Corporation by delivering
a written resignation to the President, Secretary, or Executive Director of the Corporation.
Section 3.08 — Termination of Honorary Membership
Any honorary and advisory member may be removed with or without cause at any time by the affirmative
vote of a majority of the members of the Corporation present at a meeting of the BOD. This section may be
amended or repealed only by a vote of a majority of all members of the Corporation at a meeting of the
BOD.
Section 3.09 — Annual Meeting of the Board of Directors
There shall be an annual meeting each year of the BOD of this Corporation, to be held in the County of San
Diego, State of California. The annual meeting will serve as an annual BOD evaluation to determine the
action and direction of the Corporation toward meeting it's mission and goals.
Section 3.10 Regular Meetings
The BOD members shall meet at a time and place determined by the BOD, with a minimum of three (3)
meetings held per year.
Section 3.11 Cancellation of Meetings
The Executive Director, with concurrence of a majority of the members of the BOD, may cancel meetings,
or change the date, time or place of meetings under special circumstances.
Section 3.12 Adjournment
A majority of the members present, whether or not continuing a quorum, may adjourn any meeting of the
BOD to another time or place.
Section 3..13 — Volunteer liaison to the Board of Directors
Each geographical volunteer team will have the opportunity to appoint a volunteer liaison to act as a non-
voting member of the board and report back to the other TIP volunteers as to the current BOD activities.
ARTICLE 4 — Board of Directors
Section 4.01 — Powers
(a) The activities, affairs and property of the Corporation shall be managed, directed and controlled, and its
Trauma Intervention Programs
Bylaws 4
- powers executed by, and vested in, the BOD or their duly appointed representative.
(h) Select and remove the Executive Director of the Corporation; prescribe any powers and duties for
him/her that are consistent with the law, with the Articles of Incorporation, and with the Bylaws; and fix the
compensation.
(c) Adopt, make and use a corporate seal; prescribes fonns of membership certificates; and alter the form of
the seal and certificate.
(d) Borrow money and incur indebtedness on behalf of the Corporation and cause to be executed and
delivered for the Corporation's purposes, in the corporate name, promissory notes, bonds, debentures, deeds
of trust, mortgages, pledges, hypothecation and other evidence of debt and securities.
Section 4.02 — Number, Election, Term
The BOD shall consist of at least five (5) persons who arc elected for two year terms. All terms shall expire
in the month of June with one-half of the terms expiring in the even numbered years and one-half the terms
expiring in the odd numbered years. Elections of the members shall he held in June of each year with the
term beginning in July.
Section 4.03 — Removal
A BOD member may be removed with cause at any time by the affirmative vote of majority of the members
of the Corporation present at a noticed meeting of the ROD, the notice of which shall have specified the
proposed removal. This section may be amended or repealed only by vote of a majority of all members of
the Corporation at a meeting of the ROD. A pattern of live (5) or more absences may result in their removal
from the BOD. A member for personal reasons may request a leave of absence subject to approval of the
BOD.
Section 4.04 • Vacancies
Whenever the number of BOD members shall for any reason be less than the authorized number, the vacancy
may he filled by a majority of the remaining members, though less than a quorum, or by sole remaining
member.
Section 4.05 Quorum
The quorwn for the transaction of business at any properly noticed meeting of the BOD shall consist of a
minimum of three (3) members of which two (2) must be Officers of the BOD.Section 4.0E — Special
Meeting of the Board of Directors
Special meeting of the BOD may be called by the President or Vice President and must be called by either of
them on the written request of any three (3) members or a petition signed by 20% of the members of the
Trauma Intervention Programs
Bylaws 5
Corporation.
Section 4.07 Notice of Meeting
Notice of all meetings of the BOD, except as herein otherwise provided, shall be given by mailing or
emailing the same at least five (5) days before the meeting to the usual business or residence address of the
members but such notice may be waived by any member. Each such notice shall state the general business
to be transacted, the day, time and place of such meeting and in the case of special meetings, and by whose
request it was called. Regular meetings of the BOD may be held without notice at such time and place as
shall be determined by the member. Any business inay be transacted at any regularly called meeting of the
BOD.
Section 4.08 — Action by Board of Directors without a Meeting
Any action required or permitted to be taken by the BOD may be taken without a meeting if all members
shall individually or collectively consent in writing to the action, including email. The written consent or
consents shall he filed with the minutes of the proceedings of the BOD, and the action taken shall have the
same force and effect as a unanimous vote of the members.
Section 4.09 Compensation/Reimbursements
The members and Officers of the Corporation shall serve as such without salary, but the BOD may authorize
reimbursements for reasonable expenses incurred by the members or Officers in the performance of their
duties.
Section 4.10 Contracts with Board of Directors
No member or Officer of the Corporation shall he interested, directly or indirectly, in any contract relating to
the operations conducted by it, nor in any contract for furnishing services to it, unless (i) such contract shall
be authorized by the entire 13OD majority and voting at a meeting at which the presence of such member is
not necessary to constitute a quorum and the vote of such member is not necessary for such authorization:
and (ii) the facts and nature of such interest shall have been fully disclosed or shown to the members of the
BOD present at the meeting at which such contract is so authorized.
Section 4.11 — Board Member Responsibilities
The responsibilities of the Board of Directors will include:
(a) Serve as a "Roving Ambassador" for the Corporation, to promote the Corporation wherever opportunity
arises.
(b) Be willing to allow the Corporation to identity him or her as a Board member on corporate letterhead,
web site and event programs.
Trauma Intervention Programs
Bylaws 6
(c) Provide moral support to the staff of the Corporation, in addition to leads, contacts or introductions that
will be helpful in fundraising, volunteer recruitment, and/or program expansion.
(d) Attend the annual Advisory Board meeting, annual fundraising events, volunteer continuing education
meetings, and the other activities of the Corporation as designated by the BOD.
(c) Participate as an active committee member in support of the annual I Zeroes on Scene fundraising event
and attend the event.
(1) Recruit other appropriate Board members.
(g) Provide annual contributions to the Corporation through fundraising ellbrts or other means.
(h) Support the Executive Director in securing grants, fundraising, and individual and corporate
contributions.
(i) Attend monthly BOD meetings and one special annual BOD meeting.
Section 4.12 — Conflict of Interest
Any member of the board who has a financial, personal, or official interest in. or conflict (or
appearance of a conflict) with any matter pending before the Board. of such nature that it
prevents or may prevent that member from acting on the matter in an impartial manner. will
offer to the Board to voluntarily excuse him/herself and will vacate his seat and refrain from
discussion and voting on said item.
ARTICLE, 5: Advisory Board
Section 5.01 — Advisory Board
The BOD and the Executive Director shall work together to recruit an Advisory Board. The purpose of this
board will be to advise and support the BOD and Executive Director on issues which affect the Corporation.
The Advisory Board will consist of members of the community who will enhance the mission and goals of
the Corporation. The Advisory Board will not he required to meet more than once annually. There shall be
no fixed term for members of the board. There shall be no minimum or maximum number of members. The
Advisory Board members may serve on committees of the BOD, and be involved in many aspects of the
Corporation, including event planning, legal issues, volunteer recruitment, publicity and fundraising.
Section 5.02 Advisory Board Member Responsibilities
'l'he responsibilities of the Advisory Board will include to:
(a) Serve as a "Roving Ambassador" for the Corporation, to promote the Corporation wherever opportunity
arises.
Trauma Intervention Programs'
Bylaws 7
(h) Be willing to allow the Corporation to identify him or her as an Advisory Board member on corporate
letterhead, web site and event programs.
(c) Provide the staff of the Corporation with leads, contacts or introductions that will he helpful in
fundraising and/or program expansion.
(d) Attend annual Advisory Board meetings.
(e) Support the annual I Zeroes on Scene event.
(f) Assist in recruiting other appropriate Advisory Board members.
ARTICLE; 6: Officers
Section 6.01 — Titles and Qualifications
The Officers of the BOD shall consist of a President, Vice President, Secretary, Treasurer and such other
Officers as the ROL) may from time to time designate.
Section 6.02 — Duties of Officers
(a) President
The President of the BOD shall preside at all meetings of the BOD of the Corporation and shall have
such other powers and duties not consistent with the Bylaws as may be assigned from time to time by
the BOD.
(b) Vice President
The Vice President of the BOD shall possess the powers and duties of the President of the BOD in
such case as he or she is absent or disabled.
(c) Secretary
The Secretary shall have the general powers and duties usually vested in the office of Secretary of a
Corporation and shall have such powers and duties not consistent with these Bylaws as may be
assigned him or her from time to time by the BOD or the President including the powers and duties
to be (i) be custodian of all records, documents and the seal of the Corporation which are to be kept
in the principal executive office of the Corporation; (ii) affix the Corporate Seal to any instrument
requiring it and to attest the same by his or her signature when authorized by the BOD or when such
instrument shall first have been signed by the President or the Vice President or other duly
authorized officer or agent; (iii) keep the minutes of the BOD meetings and other committee
meetings, as applicable, of the Corporation to be recorded in one or more books provided for that
purpose, with the time and place of the holding of such meetings, how they were called and
Trauma Intervention Programs
Bylaws 8
authorized, the notice given thereof, the names of those present and the proceedings thereof indicated
in the record; (iv) provided that proper notices are given in accordance with the provisions of these
Bylaws.
(d) Treasurer
The Treasurer shall he responsible for all funds and securities of the Corporation and shall have the
general powers and duties usually vested in the office of Treasurer of a Corporation and shall have
such powers and duties not consistent with these Bylaws as may be assigned to him or her from time
to time by the BOD or the President, including the powers and duties to (i) care for, receive and give
receipt monies due and payable to the Corporation; (ii) deposit all monies received in the name of the
Corporation in such banks, trust companies or other depositories as from time to time may he
designated by the Board of Directors; (iii) have charge of the disbursement of the monies of the
Corporation in accordance with the directions of the BOD or the President; (iv) enter or cause to be
entered regularly in the books to be kept by the Treasurer or under his or her direction for that
purpose a complete and correct account of all monies received and disbursed by the Corporation; (v)
render a statement of the financial accounts of the Corporation to the Board of Directors at such
times as may he requested; (vi) exhibit the hooks of account of the Corporation and all securities,
vouchers, papers on and documents of the Corporation in his or her custody to any member or
designee of the Board of Directors upon request; (vii) submit a full financial report to the members
of the Corporation at the annual membership meeting.
Section 6.03 -- Election of Officers
Officers shall be elected by the BOD, at any time, and each Officer shall hold office until he or she resigns,
is removed or is otherwise disqualified to serve, or until his or her successor shall he elected and qualified,
whichever occurs first.
Section 6.04 — Term of Office
All Officers shall be elected in June of each year and serve a term of one year or until their successors are
elected and qualified.
Section 6.05 — Resignation
Any Officer may resign from the office at any time by delivering a written resignation to the President, the
Vice President or the Secretary. The acceptance of any such resignation, unless required by the terms
thereof, shall not be necessary to make the same effective.
Section 6.06- Removal
Any Officer may be removed at any time, with cause, by majority vote of the entirety of the members at a
duly held meeting of the BOD. Proper notice specifying the proposed removal shall be given prior to any
Trauma Intervention Programs
Bylaws 9
meeting of the 1301) at which such removal shall be considered.
Section 6.07 Vacancies
Any vacancy in an office may be filled for the unexpired portion of the tens by majority vote of the BOD.
Section 6.08 - Records
There shall be maintained at the principal executive office of the Corporation all financial books and records
of account, all minutes of the BOI) meetings and other committee meetings of the Corporation, and list of
members, and copies of all other material, corporate records, books, documents and contracts. All such
hooks, records, minutes, lists, documents and contracts shall be made available for inspection at any
reasonable time during the usual business hours by any members of the Corporation, or duly authorized
representative thereof, for any lawful and proper purpose. Upon leaving office each Officer, or duly
authorized representative thereof:, of the Corporation shall turn over to his or her successor or to the
President in good order, such corporate monies, hooks, records, minutes, lists, documents, contracts or other
property of the Corporation as have been in the custody of such officer of and during his or her term in
office.
Section 6.09 Committees
The HOD from time to time may establish other committees or auxiliaries whose membership will consist of
voting members and/or honorary or advisory members of the Corporation as designated by the BOD which
shall have such duties and the members of which shall hold office for such periods as the BOD from time to
time determine. The rules of procedures of such committee shall he determined from time to time by the
BOD, and by respective committee members. All committees and committee members serve at the pleasure
of the BOI).
Section 6.10 - Executive Committee
The Executive Committee shall consist of the Officers of the BOD and may elect to hold special meetings
outside of the regular scheduled meetings in order to provide a decision for the Corporation in times of
urgency. Officers will then inform the BOD of the meeting purpose and outcome at the next regular meeting
of the BOD.
ARTICLE 7: Records and Reports
Section 7.01 - Maintenance and Inspection ofArticles and Bylaws
The Corporation shall keep at its principal executive office the original or a copy of the Articles and Bylaws
as amended to date, which shall be open to inspection.
Section 7.02 -- Maintenance and Inspection of Other Corporate Records
Trauma Intervention Programs
Bylaws 10
The accounting books, records and minutes of proceedings of the BOD and other committees of the
Corporation shall be kept at such place or places designated by the BOD or, in the absence of such
designation, at the principal executive office of the Corporation. The minutes shall be kept in written or
typed form, and the accounting books and records shall he kept either in written or typed form or in any other
form capable of being converted into written, typed or printed form.
Section 7.03 — Inspection by Board of Directors
Every member of the BOD shall have the absolute right at any reasonable time to inspect all books, records
and documents of every kind and the physical properties of the Corporation and each of its subsidiary
Corporations. This inspection by a member may be made in person or by an agent or attorney, and the right
of inspection includes the right to copy and make extracts of documents.
Section 7.04 Annual Report
The President of the Corporation or his/her designee will cause to be sent each year to the Board of Directors
an annual report of the Corporation's activities. `(his report will encompass all information required by
California Corporations Code 6321 (*) as amended to date.
Section 7.05 — Annual Audit
The Corporation shall hire an independent auditor to perform an annual audit of the finances of the
Corporation and provide a written report to the BOD.
ARTICLE 8: Deposits, Checks, Loan Contracts
Section 8.01 - Deposit of Funds
All funds of the Corporation not otherwise employed shall be deposited in such banks, trust companies or
other reliable depositories as the SOD from time to time may determine.
Section 8.02 Checks, Etc.
All checks, drafts, endorsements, notes and evidences of indebtedness of the Corporation shall he signed by
such Officers or agents of the Corporation and in such manner as the BOD from time to time may determine.
Endorsements for deposits to the credit of the Corporation shall be made in such manner as the BOD from
time to time may determine.
Section 8.03 — Loans
No loans or advances shall be contracted on behalf of the Corporation, and no note or other evidence of
indebtedness shall be issued in its name, unless and except as authorized by a vote of the BOD. Any such
Trauma Intervention Programs
Bylaws 11
authorization shall relate to specific transactions, and may include authorization to pledge, and security for
loans or advances so authorized. any and all securities and other personal property at any time held by the
Corporation.
Section 7.04 — Contracts
The President, or any other Officer or agent specially authorized by the BOD, may in the name of and on
behalf of the Corporation, enter into those contracts or execute and deliver those instruments that are
specifically authorized by the BOD. Without the express and specific authorization of the BOD, no officer
or other agent of the Corporation may enter into any contract or execution and deliver any instrument in the
name of and on behalf of the Corporation.
ARTICLE 9: Dedication of Assets
Section 9.01 Dedication o/'Assets
The properties and assets of this nonprofit Corporation arc irrevocably dedicated to the fulfillment of the
objectives and purposes of this Corporation as set forth in Article 2, Section 2.01 hereof. No part of the net
earnings, properties or assets of this Corporation, on dissolution or otherwise, shall inure to the exclusive
benefit of any private person or individual, or any member of this Corporation except in fulfillment of said
objectives and purposes. On liquidation or dissolution, all properties and assets and obligations shall be
distributed pursuant to the nonprofit provisions of the California Corporation Code then in effect.
ARTICi.E 10: Indemnification of Members and Officers
Section /0.01 — Indemnification
Any person (and heirs, executors and administrators of such person) made or threatened to be made a party
to any action, suit or proceeding by reason of the fact that he or she is or was a member or Officer of the
Corporation shall he indemnified by the Corporation against any and all liahility and the reasonable
expenses, including attorneys' fees and disbursements incurred by him or her (or by his or her heirs,
executors or administrators) in connection with the defense or settlement of such action, suit or proceedings,
or in connection with any appearance therein, except in relation to matters as to which it shall he adjudged in
such action, suit or proceeding that such member or Officer is liable for negligence or misconduct in the
performance of his or her duties. Such right of indemnification shall not be deemed exclusive of any other
rights to which such Director or officer (or such heirs, executors or administrators) may he entitled apart
from this Article.
Section 10.02 — Insurance or Other Indemnification
The BOD shall have the power to (i) purchase and maintain, at the Corporation's expense, insurance on the
behalf of the Corporation and on behalf of others to the extent that power to do so have been or may be
granted by statute, and (ii) give other indemnification to the extent permitted by law.
Trauma Intervention Programs
Bylaws 12
ARTICLE 11: Amendment of Bylaws
Section 11.01 — Amendment of Bylaws
Except as otherwise provided herein, and subject to the power of the BOD to amend or repeal the Bylaws,
these Bylaws may be altered, amended or repealed and new Bylaws may be adopted by an affirmative vote of
a majority of the member of the BOD present at any regular or special meeting, a quorum being assembled,
provided that written notice of such meeting, setting forth in detail the proposed Bylaw revisions with
explanations therefore, be given not less than five (5) days prior to such meeting.
ARTICLE 12: Miscellaneous
Section 12.01 — Fiscal Year
1'he fiscal year of the Corporation shall begin on July 1 of each year and shall end on June 30.
Section 12.02 Construction
Whenever the context so requires, the masculine shall include the feminine and neuter, and the singular shall
include the plural, and conversely. limy of the portion of these Bylaws shall he invalid or inoperative, then
so far as is reasonable and possible:
(a) The remainder of' these Bylaws shall be considered valid and operative, and
(b) Effect shall be given to the intent manifested by the portion held invalid or inoperative.
Section 12.03 — Program Modifications
Any and all program modifications shall require the approval, by means of an affirmative vote. of two-thirds
(2/3) of the members present at any regular or special meeting of the BOD, a quorum being assembled.
These Bylaws of the Corporation are hereby adopted with amendments made to date, on this date.
Chris Saunders, President Date
Witness Date
UPDATED 5.14.07
Trauma Intervention Programs
Bylaws 13
(")l:aliJornia_Corparations Code
.Section 6321
6321. (a) i•.xcept as provided in subdivision (c), (d), or U, the board shall cause an annual report to be sent to the members not later than 120 days after
the dose of the corporation's fiscal year. Unless otherwise provided by the articles or bylaws and if approved by the hoard of directors, that report and
any accompanying material sent pursuant to this .section may be sent by electronic transmission by the corporation (Section 20). That report shalt contain
in appropriate detail the following:
(1) The assets and liabilities, including the trust funds. of the Corporation as of the end of the fiscal year.
(2) The principal changes in assets and liabilities, including trust Junds, during the fiscal year.
(3) the revenue or receipts of the Corporation, both unrestricted and restricted to particular purposes, Jar the fiscal year.
(4) The expenses or disbursements of the Corporation, for both general and restricted purposes, during the fiscal year.
(5) Airy information required by Section 6322.
(b) The report required by subdivision (a) shall be accompanied by any report thereon of independent accountants, or, if there is no .such report, the
certificate of an authorized Officer of the corporation that such statements were prepared without audit from the books and records of the Corporation.
(c) Subdivision (a) does not apply to any Corporation which receives less than twenty-five thousand dollars (525,000) in gross revenues or receipts
during the fiscal year.
(d) Where a Corporation has provided, pursuant to Section 5510, for regular meetings of members less often than annually, then the report required by
subdivision (a) need be made to members only with the frequency with which regular membership meetings are required, unless the articles or bylaws
require a report more often.
(e) Subdivisions (r) and (d) notwithstanding, a report with the it formation required by subdivision (a) shall he furnished annually to:
(1) All directors of the Corporation; and
(2) Any member who requests it in writing
U A Corporation which in writing solicits contributions from 500 or more persons need not send the report otherwise required by subdivision (a) ifit
does all of the following:
(1) includes with any written material used to solicit contributions a written statement that its latest annual report will he mailed upon request and that
such request may be sent to the Corporation at a name and address which is set forth in the statement.
The terns "annual report" as used in this .suhdivi.sion refers to the report required by subdivision (a).
(ti) Promptly mails a copy of its latest annual report to any person who requests a copy thereof and
Oa) Causes its annual report to he published not later than 120 days after the close of its fiscal year in a newspaper of general circulation in the county
in which its principal executive office is located.
rrom: ScoTT vMnston Ar G.S. Levine Ins. Svcs., Inc. FaxID: G S Levine Insurance To: Jae Date: 124/2007 11:59 AM Page: 2 of
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Phone: 858-481-8692 Fax: 858-481-7953
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THIS CERTIFICATE IS ISSUED AS A NATTER OF NFORMATION
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RESOLUTION 2007 — 89
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING THE 2007-08 ANNUAL ACTION PLAN
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS
WHEREAS, as an entitlement community, the City of National City administers
the Community Development Block Grant (CDBG) and the Home Investment Partnership Act
(HOME) Programs for the Federal Government under the United States Department of Housing
and Urban Development (HUD); and
WHEREAS, HUD requires that all CDBG & HOME Program entitlement
communities, such as the City of National City, hold a Public Hearing to solicit input on the
Annual Action Plan; and
WHEREAS, the City Council of the City of National City conducted a duly
advertised public hearing on March 6 and March 27, and
WHEREAS, the Annual Action Plan addresses the housing and community
development needs assessed in the 5-Year Consolidated Plan and adopted by the City Council
in May of 2005. The Annual Action Plan includes a listing of all proposed projects/programs for
Fiscal Year 2007-08 (July 1, 2007 — June 30, 2008) utilizing Community Development Block
Grant (CDBG), Home Investment Partnership Act (HOME) funds and Section 108 Loan
Program; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
National City that the Annual Action Plan (2007-08) for the CDBG and HOME funds are
approved as shown on the attached Exhibit "A", and the Mayor is hereby authorized, on behalf
of the City Council, to submit the 2007-08 Annual Plan dated May 1, 2007, for the expenditure
of said funds to the U.S. Department of Housing and Urban Development (HUD).
PASSED and ADOPTED this 1st day of May, 20
on Morrison, Mayo
ATTEST:
4
Mich I Dalla, City lerk
APPROVED AS TO FORM:
George H. iser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on May 1,
2007 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City erk of the C. /.f National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-89 of the City of National City, Califomia, passed and adopted
by the Council of said City on May 1, 2007.
City Clerk of the City of National City, California
By:
Deputy
EXHIBIT 'A'
City of National City
FY 2007-2008
Annual Action Plan
natimxtrAmwriamoraorrAssummori
U.S. Department of Housing and Urban Development (HUD)
Draft
Executive Summary
urisdiction's Name:
Name of Organization:
ontact Person:
Telephone:
rite Address:
Table 3C
Consolidated Plan Listing of Projects
City of National City
Trauma Intervention Programs
Jae Marciano- Executive Director
(760) 931-2104
2560 Orion Way, Carlsbad, 92010
?riority Need:
FY 2007-2008 CDBG FUNDING
»�y•'Fl•
^,-,, ti
IrRV ,
a
a
ryJ Yr
,y
,,. i S /- nV . 2'412 ,r,t,e"
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Crisis Intervention
Team
Support salary and benefit expenses for one
employee and program related operating
costs.
120 Individuals
$8,000
To provide emotional and practical support to citizens immediately following a tragedy.
Objective Number
HUD Matrix Code
05- Public Services
Type of Recipient
Non-profit
Start Date
7/1/2007
Project ID
2007-11
•Funding Sources
CDBG Citation
570.201(e)
CDBG
ESG
CDBG National Objective
Low Moderate Area
HOME
HOPWA
$8,000
$0
$0
Performance Indicator
Individuals
Completion Date
6/30/2008
Total Formula
$0
$0
Prior Year Funds.
Annual. Units
120
Assisted Housing
PHA
$0
$0
$0
Local ID
Tab # 25
Units Upon Completion
120
Other Funding
Total
$o
$8,000
The primary purpose the project is to help:
Homeless: No
Persons with HIV/AIDS: No
Persons with Disabilities: No
Public l rousing Needs: No
Objective category: ® Suitable Living Environment ❑ Decent dousing L] Economic Opportunity
Outcome category: El Availability/Accessibility Li Aftbrdability ❑ Sustainability
15
MEETING DATE: May 1, 2007
City of National City
COUNCIL AGENDA STATEMENT
AGENDA ITEM NO.
✓yoG -t
-a
Caoo~t•�.�
20
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING THE FISCAL YEAR 2007-08 ANNUAL ACTION PLAN FOR TIIE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT
(HOME) PROGRAMS �}
PREPARED BY: RUDY LOPEZ r�
DEPARTMENT COMMUNITY SERVICES
EXPLANATION:
Upon the conclusion of the duly advertised final Public Hearing, the City Council will consider the adoption of the attached
Resolution approving the Fiscal Year (FY) 2007-08 Annual Action Plan.
the Annual Action Plan addresses the housing and community development needs assessed in the City's 5-Year Consoli-
dated Plan for FY's 2005-06 through 2009-10, adopted by the City Council in May of 2005. The Annual Action Plan in-
cludes a listing of all proposed projects/programs to be undertaken in FY 2007-08 (July 1, 2007 — June 30, 2008) utilizing
Community Development Block Grant (CDBG) and Homeinvestment Partnership Act (HOME) fiends.
The attached Executive Summary of' the FY 2007-08 Annual Action Plan is noted as a draft to allow all public comments/
input received during the 30-Day Public Review Period set from March 29, 2007 to May 1. 2007, to be incorporated into the
final version to be submitted to I IUD by Mav 15, 2007.
Environmental Review
Not applicable to this report.
Financial Statement
The City will receive CDBG and HOME program funds from I IUD in FY 2007-08. The City Council's adopted alloca-
tions will then he incorporated into the City and CDC 2007-08 Fiscal Year Budgets.
STAFF RECOMMENDATION
Adopt attached Resolution.
BOARD/COMMISSION RECOMMENDATION
Not applicable to this report.
ATTACHMENTS (Listed Below) Resolution No.
1. DRAFT Executive Summary of the FY 2007-08 Annual Action Plan
2. Resolution
`'t
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
November 13, 2007
Mr. Jae Marciano
Executive Director
Trauma Intervention Programs
2560 Orion Way
Carlsbad, CA 92010
Dear Mr. Marciano,
On October 29th, 2007 an Agreement was entered between the City of National
City and Trauma Intervention Programs.
We are enclosing for your records a fully executed original agreement.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Grants Department
® Recycled Paper