HomeMy WebLinkAbout2009 CON Trauma Intervention Programs of San Diego County - CDBG 08-09SUBRECIPIENT AGREEMENT
By and Between the
City of National City and Trauma Intervention Programs of San Diego County, Inc.
for
Program Name: Trauma Intervention Program
'iir
THIS AGREEMENT, entered this /3 day of 1 `lei f , 2009 by and between the City
of National Citv (herein called the "Grantee") and Trauma Intervention Programs of San Diego
County, Inc. (herein called the "Sub -recipient").
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 Sub -recipient to assist the Grantee in utilizing such
funds;
NOW, THEREFORE, it is agreed between the parties hereto that;
SCOPE OF SERVICE
A. Activities: The Sub -recipient 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 Objectives: 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 Sub -recipient certifies that the activity(ies) carried out under this 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: Sub -recipient shall be responsible for staff and time to be allocated to each
activity, as set forth in Exhibit A, attached hereto and incorporated herein.
E. Performance Monitoring: The Grantee will monitor the performance of the Sub -
recipient 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 Sub -
recipient 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 Sub -recipient shall start on the 15t day of July, 2008 and end on the 30th day of
June of 2009 in the case of Public Services and in the case of Capital Improvements end on
June 30, 2010. The term of this Agreement and the provisions herein shall be extended to
cover any additional time period during which the Sub -recipient 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. Sub -recipient shall adhere to the budget breakdown, attached as Exhibit B
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and incorporated herein. Any amendments to the budget must be approved in writing by both
the Grantee and the Sub -recipient.
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). Draw downs 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 Sub -recipient'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
SubrecPient
Contact Person:
Carlos Aguirre
Contact Person:
Mandy Atkission
Organization:
City of National City
Organization:
Trauma Intervention Programs of SD County
Address: 1243 National City Boulevard
National City, CA 91950-4301
Address:
2560 Orion Way, Carlsbad, CA 92010
Telephone:
(619) 336-4391
Telephone:
(760) 931-2104
Email:
caguirre@nationalcityca.gov
Email:
. tipsandiego@sbcglobal.net
VI. GENERAL CONDITIONS
A. General Compliance: The Sub -recipient 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 Sub -recipient does not
assume the recipient's environmental responsibilities described in 24 CFR 570.604 and
(2) the Sub -recipient does not assume the recipient's responsibility for initiating the
review process under the provisions of 24 CFR Part 52. The Sub -recipient also agrees to
comply with all other applicable Federal, state and local laws, regulations, and policies
governing the funds provided under this contract. The Sub -recipient 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 Sub -recipient 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 Sub -recipient is an independent contractor.
C. Hold Harmless: The Sub -recipient shall hold harmless, defend and indemnify the
Grantee from any and all claims, actions, suits, charges and judgments whatsoever that
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arise out of the Sub -recipient's performance or nonperformance of the services or
subject matter called for in this Agreement.
D. Workers' Compensation: The Sub -recipient shall provide Workers' Compensation
Insurance coverage for all of its employees involved in the performance of this
Agreement.
E. Insurance & Bonding: The Sub -recipient 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 Sub -recipient shall comply with the bonding and insurance requirements of 24 CFR
84.31 and 84.48, Bonding and Insurance.
F. Grantee Recognition: The Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub-
reci pient.
H. Suspension or Termination: In accordance with 24 CFR 85.43, the Grantee may
suspend or terminate this Agreement if the Sub -recipient 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 Sub -recipient 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 Sub -recipient 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.
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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
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 REQUIREMENTS
A. Financial Management
1. Accounting Standards: The Sub -recipient 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 Sub -recipient 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 Keeping
1. Records to be Maintained: The Sub -recipient 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 Sub -recipient 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 Sub -recipient 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.
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4. Disclosure: The Sub -recipient understands that client information collected under
this contract is private and the use or disclosure of such information, when not
directly connected with the administration of the Grantee's or Sub -recipient'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-outs: The Sub -recipient'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 Sub -recipient has
control over CDBG funds, including program income.
6. Audits & Inspections: All Sub -recipient 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 Sub -recipient
within 30 days after receipt by the Sub -recipient. Failure of the Sub -recipient to
comply with the above audit requirements will constitute a violation of this contract
and may result in the withholding of future payments. The Sub -recipient hereby
agrees to have an annual agency audit conducted in accordance with current
Grantee policy concerning sub -recipient audits and OMB Circular A-133.
7. Additional Documentation: Sub -recipient 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 Paymeht Procedures
1. Program Income: The Sub -recipient 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 Sub -recipient
shall comply with the requirements set forth at 24 CFR 570.504. By way of further
limitations, the Sub -recipient 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 Sub -recipient will develop an
indirect cost allocation plan for determining the appropriate Sub -recipient'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 Sub -recipient funds available
under this Agreement based upon information submitted by the Sub -recipient 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 Sub -recipient, 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 Sub -recipient 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 Sub -recipient.
4. Progress Reports: The Sub -recipient 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 Sub -recipient 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 Sub -
recipient shall procure all materials, property, or services in accordance with the
requirements of 24 CFR 84.40-48.
3. Travel: The Sub -recipient 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 Sub -recipient 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 Sub -recipient'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 Sub -recipient fails to use CDBG-assisted real
property in a manner that meets a CDBG National Objective for the prescribed
period of time, the Sub -recipient shall pay the Grantee an amount equal to the
current fair market value of the property Tess 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 Sub -recipient
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 Sub -recipient 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 less the percentage of non-CDBG funds used to
acquire the equipment].
VIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING
REPLACEMENT
The Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Rights
1. Compliance: The Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient, 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 Sub -recipient 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 Sub -
recipient 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 Sub -recipient 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 Sub -
recipient to assist in the formulation of such program. The Sub -recipient 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/MBE): The Sub -recipient 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 Sub -
recipient 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 Sub -recipient shall furnish and cause each of its own sub -
recipients 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 Sub -recipient 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 Sub -recipient'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 Sub -recipient will, in all solicitations or advertisements for
employees placed by or on behalf of the Sub -recipient, state that it is an Equal
Opportunity or Affirmative Action employer.
6. Subcontract Provisions: The Sub -recipient 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 sub -recipients or subcontractors.
C. Employment Restrictions
1. Prohibited Activity: The Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -
recipient of its obligation, if any, to require payment of the higher wage. The Sub -
recipient 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 Sub -recipient and any of
the Sub -recipient's sub -recipients and subcontractors. Failure to fulfill these
requirements shall subject the Grantee, the Sub -recipient and any of the Sub -
recipient's sub -recipients and subcontractors, their successors and assigns, to
those sanctions specified by the Agreement through which Federal assistance is
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provided. The Sub -recipient certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The Sub -recipient 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 Sub -recipient 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 Sub -recipient certifies and agrees that no contractual or other legal
incapacity exists that would prevent compliance with these requirements.
b. Notifications: The Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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.
Subrecipient Agreement
Page 9 of 13
2. Subcontracts:
a. Approvals: The Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Subrecipient, or any designated public
agency.
5. Lobbying: The Sub -recipient 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 sub -awards at all tiers (including
subcontracts, sub -grants, and contracts under grants, loans, and
cooperative agreements) and that all Sub -recipients 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. Copyright: 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 Sub -recipient 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 proselytizing.
X. ENVIRONMENTAL CONDITIONS
A. Air and Water: The Sub -recipient 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 there -under;
• 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 Sub -recipient 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 Sub -recipient 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
Subrecipient Agreement
Page 11 of 13
funds applied to a property, paint testing, risk assessment, treatment and/or abatement
may be conducted.
D. Historic Preservation: The Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 13
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.
City of National City Trauma Intervention Program
Lnitai-1 lacr)
Ron orison Mandy Atkissidn
Mayor, city of National City Executive Director
APPROVED AS TO FORM
George Else�
City Attnrney
ATTA ,Ca -
EST 41
City leric
Subrecipient Agreement
Page 13 of 13
04/14/09 13:17 FAX 760 603 0965 C.P.D. CRIME PREVENTION
10002
EXHIBIT A
SCOPE OF SERVICES
1. The Trauma Intervention Program/Crisis Intervention Team consists of the following
activities:
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. Training and resource materials volunteers.
2. The followingfollowinq ists the staff and time com
.5-tgitYerittieilyanie and:Iltle '-':-;•.:-.'r't.;; i ' 1,, -,7,,,-.'::,'i-:;.-H.':::i.-:.'
'HotirAllOcated,,..: ,,!, ,i.,,,:..;
Elly Harris, Crisis Team Manager
28 Hours
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
Month
1
2
3
4
5
6
7
8
9
10
11
12
Provide Program Services
X
X
X
X
X
X
X
X
X
X
X
X
04/14/20054 MP 13:06 (JOB NO. 90651 leJ002
04/14/09 13:18 FAX 760 603 0965 C.P.D. CRIME PREVENTION
j 003
EXHIBIT B
BUDGET
Agency Name: Trauma intervention Program
Activity Name: Crisis Intervention Team
CDBG
BUDGET
OTHER
RESOURCES
TOTAL
BUDGET
Description
$4,600
1) Personnel (Direct labor)
2) Insurance
$2,000
3) Training and Resource Material
$1,400
5) Sub Total for Direct Costs
$8,000
6) Indirect Costs (Overhead)
-
TOTAL
I $ 8,000
$ -
I $
n4/1d/9nnQ TTTR 13 06 (.TOR NO. 90651 01003
Exhibit C
Board of Directors
By -Laws
TIP
TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO COUNTY, INC.
BOARD OF DIRECTORS
2008-2009
Chief David Burk, President
Fire Chief, City of La Mesa
Lt. Joe Young, Vice President
Oceanside Police Department
Debbie Fountain, Treasurer
City of Carlsbad
Director of Housing and Redevelopment
Jim Schroder, Secretary
Independent Business Owner
Darlene Duncan, Secretary
Crime Prevention Spec., Poway Sheriff's Dept.
Cindy Roark
Former President, Mothers Against Drunk Driving
Past Chairman, National Board of Mothers Against Drunk Driving (MADD)
Mike Koziel
Senior Management Analyst, Oceanside Police Dept.
Don Goddard
Manager, Life Cycle Programs, Reconnaissance Systems Group
General Atomics Aeronautical Systems, Inc.
Board of Directors Page 1 of 3
Board of Directors
Chief Dave Burk, President
Fire Chief, City of La Mesa
Fire Chief for the City of La Mesa, Mr Burk was born into a fire fighting family and is a life
La Mesa. Dave is married to his high school sweet heart, Denise, and together, they are
volunteers. Dave has volunteered as an assistant boys soccer coach at Helix High Schoc
AYSO soccer. He and Denise spent 15 years volunteering for wheelchair sports. Dave s
firefighter at the La Mesa fire Department 25 years ago and has been promoted through tl
present position as Fire Chief.
Lt. Joe Young, Vice President
Oceanside Police Department
Joe Young has been in law enforcement for 23 years. He is currently assigned to the Inv(
Division managing the Vice/Narcotics and Gang Units Joe also oversees the police depa;
Homeland Security and disaster preparedness programs. Lt Young holds a Bachelor's dE
Southern Illinois University in Workforce Education and is near completion of a Master's d
Education.. Joe lives in Oceanside with his wife Jennifer and their three children. Joe's h
spending time with his family, friends, and playing golf.
Debbie Fountain, Treasurer
Director of Housing and Redevelopment, City of Carlsbad
Debbie has worked in the public sector for nearly 21 years. Her goal is to work in an envi
provides needed services to the public, but in a creative and exciting manner. Debbie ha:
Community Development Block Grants, HOME Program, transportation programs, redevE
programs, affordable housing programs, and other programs and projects providing public
local government level. Debbie has earned both a Bachelor and Masters Degree in Publi,
from San Diego State University.
Jim Schroder, Secretary
Independent Business Owner
Mr Schroder was born in San Diego and has resided in Oceanside for the majority of his I
earned a degree in Economics and Business Management from Chapman University. Ac
and restaurant business for 43 years, he has been on the board of directors of numerous
including Oceanside Chamber of Commerce, California Lodging Industry Association, Oci
Oceanside Economic Development Commission, and KOCT Television. He has also bee
Governor for Best Western International Hotels for the San Diego, Baja California, and ME
Darlene Duncan, Secretary
http://www.tipsandiego.org/BoardDirectorsOl.htm 10/2/2008
Board of Directors Page 2 of 3
Crime Prevention Specialist
San Diego County Sheriffs Department
Darlene graduated Summa Cum Laude with a Bachelor of Science degree in Criminal Ju:
in Forensics and Crime Scene Investigation. She taught for seven years at the Reserve F
and developed and taught classes in Forensic Nursing, Domestic Violence, Elder Abuse,
Assessment and Reporting for Health Care professionals in San Diego. In addition to bei
of TIP, she also sits on the Advisory Board and Curriculum Committee for the Criminal Ju:
Remington College in San Diego.
Chris Saunders, Board Member
Thomas Jefferson School of Law
Chris first became interested in TIP during his 20 year career as a reporter and producer ;
Television. He has also served as TIP's Executive Director. Chris is also the former publ
for the San Diego County Sheriffs Department and also serves on the Board of Directors
Burn Institute and the Crime Victim's Fund.
Cindy Roark, Board Member
National Advisory Board, Mothers Against Drunk Driving
Past Chairman, MADD National Board
Mrs. Cindy Roark has been a proactive grass roots volunteer for MADD since 1984, holdii
positions on the local San Diego board and an officer on the executive committee on the P
Board. She developed victim services programs, subject based support groups, speaker
worked to strengthen DUI legislation nation wide, expand diversity outreach, volunteer rec
developed youth programs, among others. She serves as a race official for Race Across
continental non-stop cycling event. She has completed the TIP volunteer training prograrr
to Michael, has an adult son, Patrick Michael, and daughter-in-law Lori. Their 18 year olc
was killed by a drink driver in 1984 and their adult daughter Pamela Roark -Moore died of
2000.
Holly Grubs, Board Member
Attorney
Holly Grubs, a native Californian, is a arbitrator and attorney. With a B.A. in Rhetoric frorr
a J.D. from Pepperdine University, she has considerable experience as a trial attorney an
law arbitrator. Holly volunteers with Miles Ahead, a youth outreach organization, andat th
ROCK Church in the prayer ministry. She also does much volunteer work overseas, moE
Israel. Other volunteer activities include Cityteam Ministries, helping the homeless in San
Marketplace Connection, a professional and faith development for women. In her free tirr
horse back riding, rock climbing, and entertainiing.
Mike Koziel, Board Member
http://www.tipsandiego.org/BoardDirectorsOl.htm 10/2/2008
Board of Directors Page 3 of 3
Senior Management Analyst, Oceanside Police Department
Education: Master of Public Administration from the University of Southern California, Ba,
from Loyola University of Chicago.
Hobbies: Enjoys studying automotive design and the industry past and present (probably
growing up next to a bunch of car dealerships in Chicago). Other pastimes: gardening an
improvement.
Why I joined TIP: I found out about the opportunity to be a board member from sponsor L
know of TIP and admired the organization since volunteers helped me and my family durii
time that my mother passed away in the 1990s, and then again after an aunt passed awa'
ago. I thinnk TIP is a terrific program with an impressive group of special unique people v
perform the volunteer responsibilities.
Don Goddard, Board Member
Don Goddard started with TIP by graduating from it's Training Academy in January 2006
monthly calls that year. For the first quarter of 2007, Don was a Team Leader for the Pow
team, and between January 2007 and July 2008 he was the scheduler for the North Coun
Today he continues his TIP service as a Board Member. Don is certified by both the the
Logistics Engineers and Project Management Institute and holds a Master's degrees in be
and Traditional Oriental Medicine (Cum Laude).
Trauma Intervention Programs of San Diego County, Inc.
2560 Orion Way Carlsbad, CA 92010 760-931-2104
http://www.tipsandiego.org/BoardDirectorsO1.htm 10/2/2008
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
The name of this Corporation shall be TRAUMA INTERVENTION PROGRAMS OF SAN i)IEGO
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 be 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 130D 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 not, 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 3.01 -- Voting Members oldie Corporation
Voting members shall consist of the members of the HOD 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 BOD shall he 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 13OD.
Section 3.04 -- Application for Honorary and Advisory Membership
Honorary and advisory membership shall be conferred upon the individual by a simple majority of the votes
cast at a regular or special meeting of the 13OD 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
Honorary 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 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.
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 13OD members shall meet at a time and place determined by the 130D, 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 UOI), 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.
(b) 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 forms 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 are 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 terns
expiring in the odd numbered years. Elections of the members shall be held in June of each year with the
term beginning in July.
Section 4.03 — Removal
A 13OD 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 BOD, 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 BOD. A pattern of five (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 be filled by a majority of the remaining members, though less than a quorum, or by sole remaining
member.
Section 4.05 — Quorum
The quorum 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 4.06 -- ,Special
Meeting of the I3oard 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 he waived by any member. Each such notice shall state the general business
to he 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 1301) may be held without notice at such time and place as
shall he determined by the member. Any business may be transacted at any regularly called meeting of the
13OD.
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 be filed with the minutes of the proceedings of the 13OD, and the action taken shall have the
same force and effect as a unanimous vote of the members.
Section 4.09 -- (.'ompensation/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 be 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 BOD 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.
(h) Be willing to allow the Corporation to identify 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 he 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.
(e) Participate as an active committee member in support of the annual I leroes on Scene fundraising event
and attend the event.
(f) Recruit other appropriate Board members.
(g) Provide annual contributions to the Corporation through fundraising efforts 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 1301) meeting.
Section 4.12 - Conflict of Interest
Any member of the hoard 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 be required to meet more than once annually. There shall be
no fixed term for members of the hoard. There shall he no minimum or maximum number of members. The
Advisory Board members may serve on committees of the 13OD, 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
The 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
(b) 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 be helpful in
fundraising and/or program expansion.
(d) Attend annual Advisory Board meetings.
(e) Support the annual I feroes 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 BOD 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 1301 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 hire 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 hooks 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
"lhe "Treasurer shall he responsible f br 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 he 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 be
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 he
entered regularly in the hooks to he 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 books 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 he given prior to any
Trauma Intervention Programs
Bylaws 9
meeting of the BOD at which such removal shall be considered.
Section 6.07 Vacancies
Any vacancy in an office may he filled for the unexpired portion of the term by majority vote of the BOD.
Section 6.08 --- Records
There shall he maintained at the principal executive office of -the Corporation all financial books and records
of account, all minutes of the 130D meetings and other committee meetings of the Corporation, and list of
members, and copies of all other material, corporate records, hooks, documents and contracts. All such
books, 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, books, 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 BOD 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. "fhe rules of procedures of such committee shall be determined from time to time by the
BOD, and by respective committee members. All committees and committee members serve at the pleasure
of the BOD.
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 of Articles 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 he 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 hooks 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. This 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 1:30D.
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 13OD from time to time may determine.
Section 8.02 - Checks, Etc.
All checks, drafts, endorsements, notes and evidences of indebtedness of the Corporation shall be 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 1301). Without the express and specific authorization of the BOI), 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 of Assets
The properties and assets of this nonprofit Corporation are 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 fulfilhnent 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.
ARTICLE 10: Indemnification of Members and Officers
Section 10.01 - 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 be indemnified by the Corporation against any and all liability 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 be 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 be 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
The 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. if any of the portion of these Bylaws shall be 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 he 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
(')California Corporations Code
Section 6321
6321. (a) Except as provided in subdivision (c), (d), or (o, the board shall cause an annual report to be sent to the members not later than 120 days after
the close of the corporation's fiscal year. Unless otherwise provided by the articles or bylaws and :japproved 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 10. That report shall 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 funds, during the fiscal year.
(3) The revenue or re('clps o/ the Corporation, both unrestricted and restricted to particular purposes, for the fiscal year.
(4) The expenses or disbursements of the Corporation, for both general and restricted purposes, during the fiscal year.
(5) ,4ny information required by Section 6322.
(h) 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 o/ the Corporation.
(c) Subdivision (a) does not apply to any Corporation which receives less than twenty-five thousand dollars ($25,000) in gross revenues or receipts
during the fiscal year.
(d) Where a Corporation has provided, pursuant to Section 5510, for regular meetings cfinenrbers 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 (c) and (d) notwithstanding, a report with the information required by subdivision (a) shall he furnished annually to:
(1) All directors of the Corporation; and
(2) Any member who requests it in writing.
(J) A Corporation which in writing solicits contributions from 500 or more persons need not send the report otherwise required by subdivision (a) if it
does all of the following:
(i) includes with any written material used to solicit contributions a written statement that its latest annual report will be mailed upon request and that
such request fluty be sent to the Corporation at a name and address which is set forth in the statement.
The term "annual report" as used in this subdivision refers to the report required by subdivision (a).
(it) Promptly mails a copy of its latest annual report to any person who requests a copy thereof and
(tit) Causes its annual report to be 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 of/ice is located.
EXIBIT D
TECHNICAL ASSISTANCE MATERIALS
The Sub -recipient attended the Community Development Block Grant (CDBG)
Technical Assistance Non -Profit Workshop held on June 28, 2007, and received the
following items:
1. Playing by the Rules, A Handbook for CDBG Sub -recipients on Administrative
Systems (if not previously provided)
2. CFR Title 24- Housing and Urban Development, CDBG Regulations (if not
previously provided)
3. OMB A-122
4. Quarterly/Annual Performance Reporting Form (updated format)
5. Compliance and Performing Monitoring Tool
6. Expenditure Reimbursement Claim Form (updated format)
7. Qualifying Beneficiary Intake Data Form (updated format)
The workshop and reference documents will assist the Sub -recipient with new U.S
Department of Housing and Urban Development and City of National City reporting
requirements.
EXHIBIT E
AFFIRMATIVE ACTION POLICY
1. Provision of Program Services
a. SUB -RECIPIENT shall not, on the grounds of race, religion, color, national origin,
sex, sexual preference, or handicap, exclude any person from participation in,
deny any person the benefits of, or subject any person to discrimination under
any program or activity funded in whole or in part with CDBG funds.
b. SUB -RECIPIENT shall not under any program or activity funded in whole or in
part with CDBG funds, on the grounds of race, religion, color, national origin,
sex, sexual preference, or handicap:
1) Deny any facilities, services, financial aid or other benefits
provided under the program or activity; or
2) Provide any facilities, services, financial aid, or other benefits
which are different or are provided in a different form from that
provided to others under the program or activity; or
3) Subject to segregated or separate treatment in any facility in, or
in any matter of process related to receipt of any service or
benefit under the program or activity; or
4) Restrict in any way access to, or in the enjoyment of any
advantage or privilege enjoyed by others in connection with
facilities, services, financial aid, or other benefits under the
program or activity; or
5) Treat an individual differently from others in determining whether
the individual satisfies any admission, enrollment, eligibility,
membership, or other requirement or condition which the
individual must meet in order to be provided any facilities,
services, or other benefits provided under the program or
activity; or
6) Deny any opportunity to participate in a program or activity as an
employee.
c. SUB -RECIPIENT may not utilize criteria or methods of administration which have
the effect of subjecting individuals to discrimination on the basis of race,
religion, color, national origin, sex, sexual preference, or handicap, or have the
effect of defeating or substantially impairing accomplishment of the objectives of
the program or activity with respect to individuals of a particular race, religion,
color, national origin, sex, sexual preference or handicap.
d. SUB -RECIPIENT, in determining the site or location of housing or facilities
provided in whole or in part with CDBG funds, may not make selections of such
site or location which have the effect of excluding individuals from, denying
them the benefits of, or subjecting them to discrimination on the grounds of
race, color, national origin, or sex, or which have the purpose or effect of
defeating or substantially impairing the accomplishment of the objectives of the
Civil Rights Act of 1964 and amendments thereto:
e. In administering a program or activity funded in whole or in part with CDBG
funds regarding which the SUB -RECIPIENT has previously discriminated against
persons on the grounds of race, religion, color, national origin, sex, sexual
preference or handicap, the SUB -RECIPIENT must take affirmative action to
overcome the effects of prior discrimination.
f. Even in the absence of such prior discrimination, a SUB -RECIPIENT in
administering a program or activity funded in whole or in part with CDBG funds
should take affirmative action to overcome the effects of conditions which would
otherwise result in limiting participation by persons of a particular race, color,
national origin, or sex. Where previous discriminatory practice or usage tends,
on the grounds of race, religion, color, national origin, sex, sexual preference, or
handicap, to exclude individuals from participation in, to deny them the benefits
of, or to subject them to discrimination under any program or activity to which
CDBG funding applies, the SUB -RECIPIENT has an obligation to take reasonable
action to remove or overcome the consequences of the prior discriminatory
practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964.
g.
A SUB -RECIPIENT shall not be prohibited by this part from taking any eligible
action to ameliorate an imbalance in services or facilities provided to any
geographic area or specific group of persons within its jurisdiction where the
purpose of such action is to overcome prior discriminatory practice or usage.
h. Notwithstanding anything to the contrary in Sections J. 1. (a. through h.),
nothing contained herein shall be construed to prohibit any SUB -RECIPIENT
from maintaining or constructing separate living facilities or rest -room facilities
for the different sexes. Furthermore, selectivity on the basis of sex is not
prohibited when institutional or custodial services can properly be performed
only by a member of the same sex as the recipients of the services.
2. Employment Discrimination
a. SUB -RECIPIENT shall not discriminate against any employee or application for
employment because of race, color, religion, sex, national origin, age, or
handicap. SUB -RECIPIENT shall take affirmative action to insure that applicants
are employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, national origin, age, or handicap. Such
action shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff
or termination, rate -of -pay or other forms of compensation and selection for
training including apprenticeship. SUB -RECIPIENT agrees to post in conspicuous
places, available to employees and applicants for employment, notices setting
forth the provisions of this non-discrimination clause.
b. SUB -RECIPIENT shall, in all solicitations or advertisements for employees placed
by or on behalf of SUB -RECIPIENT, state that all qualified applications will
receive consideration for employment without regard to race, color, religion,
sex, national origin, age, or handicap.
c. SUB -RECIPIENT shall send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the CDC's contracting officers,
advising the labor union or workers' representative of SUB -RECIPIENT'S
commitments under Section 202 of Executive Order No. 11246 of September
24, 1965, and shall post copies of the notices in conspicuous places available to
employees and applicants for employment.
d. SUB -RECIPIENT shall comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor..
e. SUB -RECIPIENT shall furnish to the CDC all information and reports required by
Executive Order No. 11246 of September 24, 1965, and by the related rules,
regulations, and orders.
f. In the event of SUB -RECIPIENT'S failure to comply with any rules, regulations,
or orders required to be complied with pursuant to this Agreement, the CDC
may cancel, terminate, or suspend in whole or in part its performance and SUB -
RECIPIENT may be declared ineligible for further government contracts in
accordance with procedures authorized in Executive Order No. 11246 of
September 24, 1965, and such other sanctions as may be imposed and
remedies invoked as provided in Executive Order No. 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
9•
SUB -RECIPIENT shall include the provisions of Section II. J. 2. (a. through f.),
"Affirmative Action Policy," paragraphs (1) through (6) in every subcontract or
purchase order unless exempted by rules, regulations, or order of the Secretary
of Labor issued pursuant to Section 204 of Executive Order No. 11246 of
September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. SUB -RECIPIENT shall take such action with respect to
any subcontract or purchase order as the CDC may direct as a means of
enforcing such provisions including sanctions for non-compliance; provided,
however, that in the event SUB -RECIPIENT becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the CDC, SUB -RECIPIENT may request the United States to enter
into such litigation to protect the interests of the United States.
h. SUB -RECIPIENT shall not discriminate on the basis of age in violation of any
provision of the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq_) or with
respect to any otherwise qualified handicapped individual as provided in Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). SUB -RECIPIENT shall
also provide ready access to and use of all CDBG fund -assisted buildings to
physically handicapped persons in compliance with the standards established in
the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.).
3. Remedies: In the event of SUB -RECIPIENT'S failure to comply with any rules,
regulations, or orders required to be complied with pursuant to this Agreement, the
CDC may cancel, terminate, or suspend in whole or in part its performance and SUB -
RECIPIENT may be declared ineligible for further government contracts and any such
other sanctions as may be imposed and remedies invoked as provided by law.
04/14/09 13:18 FAX 760 603 0965 C.P.D. CRIME PREVENTION
[J 004
ACI D_ CERTIFICATE OF LIABILITY INSURANCE
PRQO Kat
G. S. Levine Insurance
Services, Inc.
10505 Sorrento Valley Rd. #200
San Diego CA 92121
Phone: 858-481-8692 Fax:858-481-7953
ONO SWOrm ►Yn
TPALIMO2 04/09/09
THIS CERTIFICATE IS ISSUED AS A MATTER OF NFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLiOES BELOW.
INSURERS AFFORDING COVERAGE
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Trauma Intervention Programs
of San Diego County, Inc.
2560 Orion Way
Carlsbad CA 92008
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'10 Day Notice of Cancellation Applies for Nonpayment of Premium.
TIFICATE HOLDER
CANCELLATION
CITYNAS
City of National City
City Attorney's Office
1243 National City Blvd.
National City CA 91950
p4arin AIRY OF TlE RBOYE DE 5CWBFD oilLielet OE mumetife 01211011E THE EXPIRATION
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04/14/2009 TUE 13:06
[JOB NO. 9065] Z 004
04/14/09 13:18 FAX 760 603 0965
C.P.D. CRIME PREVENTION IJ005
POLICY NUMBER:
COMMERCIAL_ GENERAL LIABILITY
CG2010D704
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(sr
The City of National City, its elected officials,
offices, agents, and employees
1243 National City Blvd.
National City, CA 91950
Locations) Of Covered Operations
All Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section 0 — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury', "property
damage" or 'personal and advertising Injury"
caused. in whole or in part, by
1. Your acts or omissions; or
2. The acts er omissions of those acting on your
behalf:
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above.
CS 20100704
B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
This insurance does not apply to "bodily injury' or
"property damage" occurring after:
1. All work, including materials, parts or equip-
ment furnished in connection with such work,
on the project (other than service, maintenance
or repairs) to be performed by or on behalf of
the additional insured(s) at the location of the
covered operations has been completed; or
2, That portion of ''your work' out of which the
injury or damage arises has been put to its in-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same project.
® ISO Properties, Inc., 200A Page 1 of 1 ❑
04/14/2009 TUE 13:06 [JOB NO. 9065) Z 005
04/14/09 13:18 FAX 760 603 0965 C.P.D. CRIME PREVENTION
10 00 6
Document editions: 05/01JQ9 t 03/01/97 111/01/B5
ISO I Corrrnercial General Liability Forms 103/01/97
ISO Effective Dates:
General Liability California Effective 05/14/1998 - 04/30/2009
roLtcY NUMBER: PHPK368825
COMMERCIAL GENERAL
UAEIUTY
CG25040397
HIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
DESIGNATED LOCATION(S)
GENERAL AGGREGATE LIMIT
This a it orsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
iDesignated Location(s):
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as app cable to this endorsement_)
k Forall sums which the Insured becomes legally obligated to pay as damages caused by "occurrences' under
COVERAGE A (SECTION I ), and for all medical expenses caused by accidents under COVERAGE C
(SECTION I ), which can be attrbuted only to operations at e single designated 'location" shown in the Schedule
1. A separate Designated Location General Aggregate Limit applies to each designated "ration'. and that
limit is equal to the amount of the General Aggregate Limit shown in the Declarations.
2. The Designated Location General Aggregate Limit ie the most we will pay for the amyl of all damages under
COVERAGE A, except damages because of bodily injury' or 'property damage' included in the 'products -
completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of
a Insureds;
b_ Claims made or "suits' brought; or
c. Persons or organizations making claims or bringing 'suits".
3_ Any payments made undor COVERAGE A for damages or under COVERAGE C for medical expenses
shall reduce the Designated Location General Aggregate Limit for that designated 'location'. Such payments
shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other
Designated Location General Aggregate Limit for any other designated 'location' shown in the Schedule
above.
4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to
apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such
!InaZs win be subject to the applicable Designated Location General Aggregate Limit
B. For el! sums which the insured becomes legally obligated to pay as damages caused by 'occurrences' under
COVERAGE A (SECTION I ), and for aN medical expenses caused by accidents under COVERAGE C
(SECTION I), which cannot be attributed only to operations at a single designated 'location" shown in the
Schedule above:
1. Any payments made under COVERAGE A for damages or under COVERAGE C For medical expenses
shay reduce the amount available under the General Aggregate Limit or the Productsrl ornptet ed Operatbrts
A98regate Lam whichever Is applicable; and
2. Stich payments shall not reduce any Designated Location General Aggregate Limit
C. When overage for liability arising out of the 'products -completed operations hazard" is provided, any payments
for damages because of 'badly injury' or "property damage included in the'products-completed operations
hazard' will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate
Limn nor the Designated Location General Aggregate Limit_
D. For the purposes of this endorsement. the Det-anitiona Section ie amended by the addition of the tdtowing
'Location' means premises involving the same or connecting lots, or promises whose connection ie
interrupted only by a street, roadway, waterway or right-of-way of a railroad.
E. The provisions of limas Of Insurance (SECTION III ) not otherwise modified by this endorsement shall
continue to apply as stipulated_
CG25040397
04/14/2009 TUE 13:06 [JOB NO. 9065j E1006
04/23/09 14:25 FAX 760 603 0965
APR.23.2009 1.4t05
C.P.D. CRIME PREVENTION
WJ 002
00555 P.002 /002
STATE
COMPENSATION
INSURANCE
CERTNOLDER COPY
SD
P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 04-23-2009
THE CITY OF NATIONAL CITY
COMMUNITY DEVELOPMENT DEPARTMENT
1243 NATIONAL CITY BLVD
NATIONAL CITY CA 91960-4301
SD
GROUP:
POLICY NUMBER: 14z9032-2003
CERTIFICATE ID; 5
CERTIFICATE EXPIRES: 08-01-2009
0$-01-2008/08-01-2009
This is to certify 'Oat we have Issued a valid Workers' Campeneedon insurance policy in a form anprovsd by the
California Insurance Cummissioner to Cho employer named below for the policy period indicated.
Tnis policy i% not S-1,!ect to cancellation by the =und except upon 30 days advance written notice to The employer.
We will also aivc you30 cays advanCe notice sho:Jd this Policy be cancelled prior to Its normal expiration.
This certificate el inS;/raree is not an .nsurance policy and does not amend. extend or alter the coverage afforded
by the policy hstee hersn. NOTwkhst3ndin9 any requirement, term or condition of any contract or other document
with respect to wh'.cl. ;his Certificate of insurance may be issued Pr to which It may pertain, the insurance
afforded Dy the no'iry descrleed herein is subject to all the terms. exclusions, and conditions, Of such policy.
01/1
THORIZEb AEC RESENTATI J ?RESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT 02O6S ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE OS-01-2005 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMP, C' S
TRAUMA INTERVENTION PROGRAMS Or SAN DIEGO 50
CNTY, INC. (A NON-PROFIT CORP)
2580 ORION NAY
CARLSBAD CA 92010
R V.2-CS'
IVMG,CN]
PRINTED : 04-23-2005
04/23/2009 THU 14:14 (JOB NO. 9077] Z 002
RESOLUTION 2008 — 79
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING THE 2008/09 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 and 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 December 22, 2007, February 1, 2008, and April 6, 2008, and
WHEREAS, the Annual Action Plan addresses the housing and community
development needs assessed in the Five -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 2008/09 (July 1, 2008 — June 30, 2009) 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 2008/09 Annual Action Plan for the CDBG and HOME funds are approved,
and the Mayor is hereby authorized, on behalf of the City Council, to submit the 2008/09 Annual
Plan for the expenditure of said funds to the U.S. Department of Housing and Urban
Development (HUD).
PASSED and ADOPTED this 6th day of May,
Ron Morrison, Mayor
ATTEST:
Mic ael Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on May 6,
2008 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
MICHAEL R. DALLA
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-79 of the City of National City, Califomia, passed and adopted
by the Council of said City on May 6, 2008.
City City, California
Cork of the City of tional
By:
Deputy
tia6-\ ?,3
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE May 6, 2008 AGENDA ITEM NO.
26
(EM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING THE FISCAL YEAR (FY) 2008-2009 ANNUAL ACTION PLAN FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME)
PROGRAMS
PREPARED BY Rosemary Toscano „tc DEPARTMENT City Manager's Office
(Ext. 4391)
�`
EXPLANATION
Upon the conclusion of Public Hearing #4, the City Council will consider the adoption of the attached
resolution approving the FY 2008-2009 Annual Action Plan.
The Annual Action Plan (AAP) addresses the housing and community development needs assessed in
the City's 5-Year Consolidated Plan for FY's 2005-06 through 2009-10, adopted by the City Council in
May 2005. The AAP includes a listing of all proposed projects/activities to be undertaken in FY 2008-
2009 (July 1, 2008 - June 30, 2009) utilizing CDBG and HOME program funding.
Environmental Review J N/A
Financial Statement
Approved By:
Finance Director
The estimated amount of funding available for FY 2008-2009 for each program is as follows:
:- Community Development Block Grant - $1,092,595
Y Home Investment Partnership Program - $574,466
Account No.
STAFF RECOMMENDATION
Adopt attached resolution.
BOARD / COMMISSION RECOMMENDATION
Not applicable to this report.
ATTACHMENTS ( Listed Below) Resolution No. 'a o o % - 9
Attachment 1: Summary of FY 2008-2009 CDBG and HOME Program Funding Recommendations
Resolution
A-200 (9/99)
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
May 14, 2009
Ms. Mandy Atkission
Trauma Intervention Programs of San Diego County
2560 Orion Way
Carlsbad, CA 92010
Dear Ms. Atkission,
On May 13th, 2009 an Agreement was entered between the City of National City
and Trauma Intervention Programs of San Diego County.
We are enclosing for your records a fully executed original agreement.
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Housing & Grants Department
® Recycled Paper