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HomeMy WebLinkAbout2010 CON Burn Institute - CDBG 10-11 Sub-RecipientSUBRECIPIENT AGREEMENT By and Between the City of National City and the Burn Institute for the Senior Fire & Burn Prevention Education Program/Senior Smoke Alarm Program ti THIS AGREEMENT, entered this 1 day of AUGOST , 2010 by and between the City of National Citv (herein called the "Grantee") and the Burn Institute (herein called the "Subrecipient.") WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; SCOPE OF SERVICE A. Activities: The Subrecipient will be responsible for administering the program titled, Senior Fire & Burn Prevention Education Program/Senior Smoke Alarm Program in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include activities eligible under the Community Development Block Grant (CDBG) program, as specified in Exhibit A, attached and incorporated herein. B. National Obiectives: All activities funded with CDGB funds must meet one of the CDBG program's National Objectives: benefit low- and moderate -income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet the National Objective of benefiting low- and moderate -income persons. C. Levels of Accomplishment — Goals and Performance Measures: The levels of accomplishment may include such measures as units rehabilitated, persons or households assisted, or meals served, and should include periods for performance. Refer to Exhibit A for levels of program services. D. Staffing: Subrecipient shall be responsible for staff and time to be allocated to each activity, as set forth in Exhibit A, attached hereto and incorporated herein. E. Performance Monitoring: The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE Services of the Subrecipient shall start on the 1st day of July, 2010 and end on the 30th day of June of 2011 in the case of Public Services and in the case of Capital Improvements end on June 30, 2012. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. III. BUDGET Any indirect costs charged must be consistent with the conditions of Paragraph VII (C)(2) of this Agreement. Subrecipient shall adhere to the budget breakdown, attached as Exhibit B Subrecipient Agreement Page 1 of 14 and incorporated herein. Both the Grantee and the Subrecipient must approve any amendments to the budget in writing. 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 ($8,000.00). Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. V. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: Grantee SubreOpi n Contact Person: Carlos Aguirre Contact Person: James A. Floros Organization: City of National City Organization: Burn Institute Address: 1243 National City Boulevard National City, CA 91950-4301 Address: 8825 Aero Drive #200 San Diego, Ca 92123 Telephone: (619) 336-4391 Telephone: (858) 541-2277 x 16 Email: caguirre©nationalcityca.gov Email: jfloros@burninstitute.org VI. GENERAL CONDITIONS A. General Compliance: The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. "Independent Contractor": Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. C. Hold Harmless: The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that Subrecipient Agreement Page 2 of 14 arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers' Compensation: The Subrecipient shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the Grantee and its elected officials, officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the Grantee or its elected officials, officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the Grantee under this Agreement. Insurance & Bonding: The Subrecipient, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies attached as Exhibit F: ❑ 1. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 2. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). 3. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. 4. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of subrecipient's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the Grantee. Said endorsement shall be provided prior to commencement of work under this Agreement. 5. The aforesaid policies shall constitute primary insurance as to the Grantee, its officers and employees, so that any other policies held by the Grantee shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the Grantee of cancellation or material change. 6. Said policies, except for the professional liability and workers' compensation policies, shall name the Grantee and its elected officials, officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. 7. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the Subrecipient shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 8. Any aggregate insurance limits must apply solely to this Agreement. 9. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 10. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City Risk Manager. If the Subrecipient does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the Grantee may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 11. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the Grantee. Subrecipient Agreement £'age3oft4 The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantee Recognition: The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments: The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient. H. Suspension or Termination: In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect. The Grantee shall have the right, in accordance with 24 C.F.R. 85.43, to terminate this Agreement immediately or withhold payment of invoice for failure of the SUB -RECIPIENT to comply with the terms and conditions of this Agreement. Should the Grantee decide to terminate this Agreement, after a full evaluation of all circumstances has been completed, the Subrecipient 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 Subrecipient has violated the terms and conditions of this Agreement, the Subrecipient may be required to: 1. Repay all monies received from the Grantee under this Agreement; and/or 2. Transfer possession of all materials and equipment purchased with grant money to the Grantee. In the case of early termination, a final payment may be made to the SUB -RECIPIENT upon receipt of a Final Report and invoices covering eligible costs incurred prior to 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 Subrecipient Agreement Page 4 of 14 case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. Grantee and sub -recipient agree to provide written notice to the other party thirty (30) days prior to the effective date of any termination, in whole or part, for convenience. VII. ADMINISTRATIVE REOUIREMENTS A. Financial Management 1. Accounting Standards: The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles: The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping 1. Records to be Maintained: The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention: The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four- year period, whichever occurs later. 3. Client Data: The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 4. Disclosure: The Subrecipient 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 Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by the State and for Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs: The Subrecipient's obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall Subrecipient Agreement Page 5 of 11 include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits & Inspections: All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and OMB Circular A-133. 7. Additional Documentation,: Subrecipient agrees to provide a list of its Board of Directors, By -Laws, Exhibit "C", and any additional documents, as required in Exhibit "D," "E," and "F" attached and incorporated herein. C. Reporting and Payment Procedures 1. Program Income: The Subrecipient shall report quarterly all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Grantee at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. 2. Indirect Costs: If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 3. Payment Procedures: The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient. 4. Progress Reports: The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee. D. Procurement: 1. Compliance: The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non - expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement. Subrecipient Agreement Page 6 of 14 2. OMB Standards: Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. 3. Travel: The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets: The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Grantee any CDBG Funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement [or such longer period of time as the Grantee deems appropriate]. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the Grantee deems appropriate]. 3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. VIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. [The Grantee may preempt the optional policies.] The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG- assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. IX. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance: The Subrecipient agrees to comply with local and state civil rights ordinances here and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, Subrecipient Agreement Page 7 of 14 the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 2. Nondiscrimination: The Subrecipient agrees to comply with the non- discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 4. Land Covenants: This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504: The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action 1. Approved Plan: The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds, consistent with the policy in Exhibit "E", attached hereto and incorporated herein. 2. Women- and Minoritv-Owned Businesses (W/MBE): The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records: The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications: The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments Subrecipient Agreement Page 8 of 14 hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement: The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions: The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity: The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards: The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance: Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial Subrecipient Agreement Page 9 of 14 assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications: The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts: The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability: The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts: a. Approvals: The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. b. Monitoring: The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall Subrecipient Agreement Page 10 of 14 be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content: The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process: The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. 3. Hatch Act: The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest: The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. 5. Lobbying: The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 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 Subrecipient Agreement Page 1 1 of 14 c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying Certification: This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Couvriaht: If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Activities: The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. X. ENVIRONMENTAL CONDITIONS A. Air and Water: The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: • Clean Air Act, 42 U.S.C. , 7401, et seq.; • Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; • Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection: In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint: The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation: The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. Subrecipient Agreement Page 12 of 14 In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. XI. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. XII. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. XIII. WAIVER The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XIV. INTERPRETATION OF THE AGREEMENT The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. The Agreement does not limit any other rights or remedies available to the Grantee. The SUB -RECIPIENT shall be responsible for complying with all local, state, and federal laws whether or not said laws are expressly stated or referred to herein. Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not containing such revision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are severable. XV. ATTORNEY'S FEES In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of, this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non - prevailing party all reasonable attorney's fees, costs, and expenses incurred by the prevailing party. XVI. ENTIRE AGREEMENT This agreement constitutes the entire agreement and the attachments referenced below between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement. ATTACHMENTS Exhibit A -Scope of Services Exhibit B-Budget Exhibit C-Board of Directors and Bylaws Exhibit D-Technical Assistance Materials Exhibit E-Affirmative Action Policy Exhibit F-Insurance Subrecipient Agreement Page 13 of 14 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. City of National City Burn Institute Ron Morrison Mayor, City of National City ROVED AS TO FORM Claudia G. Si City Attorney ATTEST Mich a€l Dalla City Clerk James A. Floro Executive Dire ctor/CHief Executive Officer Subrecipient .Agreement Page 14 of i 4 EXHIBIT A SCOPE OF SERVICES 1. The Senior Fire and Burn Prevention Program/Smoke Alarm Installation Program consists ivities: Overall Project Goal (Please list any additional goal$ or objectives on another page.) To provide support and educational services to 68 low-income level seniors by installing a smoke alarm in their home and educating them (through senior -friendly literature) on fundamentals of senior fire safety such as kitchen safety, the importance of a working smoke alarm, a home escape plan, and general safety tips. This program is expected to reduce the risk of seniors dying in a house fire by 50%. Objective #1 Install smoke alarms to 68 senior horses in National City. Objective #2 Provide fire and burn prevention literature and education on fire safety (English and/or Spanish) to 68 senior homes in National City. Objective #3 Burn Institute participation of 3 health fairs in National City. Objective #4 2. The following lists the staff and time commitments to be allocated to activity listed above. ''Staff Hour Allocated Member Name and Title Gwen Lammers / Community Outreach Specialist 8 hours per month Kathleen Frampton / Director of Volunteer Services 8 hours per month Christina Lesniak / Office Manager 3.2 hours per month 3. Billing Method: Monthly Quarterly x 4. List the type of supporting documentation to be provided: PROGRAMMATIC: Liability release forms and database FINANCIAL: Receipts, bank statements, and time records. 5. List the major/key activity milestones: Major Activity Milestones Month 1 2 3 4 5 6 7 8 9 10 11 12 Hire Staff 0 0 0 0 0 0 0 0 0 0 0 0 Program Implementation 19.2 19.2 19.2 19.2 19.2 19.2 19.2 19.2 19.2 19.2 19.2 19.2 Provide Program Services* 6 6 6 5 6 5 6 6 6 6 5 5 *Respectively; Months will vary EXHIBIT B BUDGET Agency Name: BURN INSTITUTE Activity Name: Senior Fire & Burn Education Program / Senior Smoke Alarm Program Description CDBG BUDGET OTHER RESOURCES TOTAL BUDGET 1) Personnel (Direct labor) Community Outreach Specialist 1,648 - 3,296 Director of Volunteer Services 1,947 1,909 Office Manager 760 1,900 2) Fringe Benefits 1,002 - 1,821 3) Travel - - 0 4) Supplies / Materials / Printing 2,643 - 2,950 5) Sub Total for Direct Costs 8,000 - 11,876 6) Indirect Costs (Overhead) - TOTAL $ 8,000 $ - $11,876 Exhibit C Board of Directors By -Laws James A. Floros TERM EXPIRES BURN INSTITUTE December 2009 Executive Director 8825 Aero Drive #200 San Diego, CA 92123 j fl pros@burn in sti tute.pg Board of Directors CHAIRMAN OF THE BOARD 1/ Gerald S. Davee, Esq. 5701 Daffodil Lane 2012 San Diego, CA 92120 jsdavee(a,cox.net PRESIDENT 1/ Chief David Ott 2011 �.‘2 Solana Beach Fire Department 500 Lomas Santa Fe Drive Solana Beach, CA 92075 dott@cosb.ore 858/541-2277 (0) 619/656-4662 (R) 858/541-7179 (F) 619/890-7181 (C) 619/582-3557 (R) 619/501-6543 (F) 858/720-2401 (0) VP/CHIEF FINANCIAT, OFFICER 619/6592374 (0) Division Chief Robert Pfohl Viejas Fire Department 619/743-0824 (C) 1 Viejas Grade Road Alpine, CA 91901 RPfoh1(&,,viejas-nsn.gov 1/ VP/DEVELOPMENT 2011 Allan W. Arendsee 1/ VP/PROGRAMS 2012 *Michael Pierschbacher, Ph.D. 1/ SECRETARY 2012 Dolores Juditz 9191 Towne Centre Drive San Diego, CA 92122 awarendsee(cimac.com 148 West Spruce San Diego, CA 92103 mpierschbacher a.cox.net 619/522-0155 (R) 619/977-3325 (C) 619/522-0102 (F) 858/450-3300 (0) 619/297-9471 (R) 619/922-3600 (C) 3956 Kenosha Avenue 858/273-1093 (R) San Diego, CA 92117 (0)Office (R)Residence (S)Fire Station (F)FAX (C) Cellular TERM EXPIRES 1/ James Boland 2011 1/ 2011 Jeff Berend 1/ Charlie Brown 2012 1/ 2011 Capt. Angelo Cappos 1/ Don Cowan 2011 1/ Chief Kevin Crawford 2012 1/ Andy Crossland 2012 Board of Directors San Diego Gas & Electric 8315 Century Park Ct., CP22D San Diego, CA 92123 jboland@semprautilities.com Elsevier Public Safety 525 B Street, Ste. 1900 San Diego, CA 92101 j . b eren d(a,el sevi er. com Viejas Enterprises 5000 Willows Alpine, CA 91901 cbrown@vieias.com Chula Vista Fire 4121 Country Trails Lane Bonita, CA 91902 angnmin@cox.net acappos@ei.chula-vista.ca.us AMN Healthcare 1240 High Bluff Road San Diego, CA 92130 Don. Cowan@AMNHealthc are. com Carlsbad Fire Dept. 2560 Orion Way Carlsbad, CA 92008 kcraw .,ci.carlsbad.ca.us InterContinental Hotels Group 8029 Mission Vista Drive San Diego, CA 92120 andy.crossland@ih.g.com iha.com 858/654-1825 (0) 858/654-6347 (F) 619/890-1020 (C) 800/266-5367 (0) 619/699-6772 (F) 619/838-7989 (C) 619/421-9725 (R) 619/422-1103 (0) 619/922-9686 (C) 858/523-6622 (0) 619/417-5244 (C) 760/931-2141 (0) 760/929-0256 (F) 760/484-4401 (C) 619/565-3060 (C) 770/604-2638 (F) 1/ Ted Drear State Attorney General's Office 619/645-3059 (0) 2012 Chair Investment 11527-4 Compass Point Dr. N. 619/645-2581 (F) Committee San Diego, CA 92126 tdrear(a�gmail.com (0)Office (R)Residence (S)Fire Station (F)FAX (C) Cellular TERM T ?IRES 1/ Dale Ganzow 2012 1/ Chief Angie Ghio 2012 1/ Jim Hansen 2012 1/ Ron Houston 2011 Dr. Victor Jaime 2012 1/ Tony Mahavier 2011 Chair Development/ Nominating Committee 1/ Chief Javier Mainer 2012 1/ 2011 James Mason Board of Directors San Diego Business Journal 4909 Murphy Canyon Road. #200 San Diego, CA 92123 DGanzow!,sdbj.com San Miguel Fire Protection District 2850 Via Orange Way Spring Valley, CA 91978 a hio smgfire.org 2938 Rancho Cortes Carlsbad, CA 92009 bigj imh(a,adelphi a. net Pacific Nissan 4433 Mission Bay Drive San Diego, CA 92109 Rhoustonna PacificNissan.com Imperial Valley College P. O. Box 158 Imperial, CA 92251 victor.jaime@imperial.edu 2550 Fifth Avenue, 9`tl Floor San Diego, CA 92103 ramahavier(crmahavier.com San Diego Fire Rescue 1010 Second Street #400 San Diego, CA 92101 JMainer@sandiego.gov Deloitte & Touche, LLP 701 "B" Street. Ste. 1900 San Diego, CA 92101 iammason@deloitte.com 858/277-6359 (0) 858/277-2149 (F) 619/670-0500 (0) 619/961-5681 (C) 760/476-2766 (H) 858/245-1454 (C) 858/581-3200(0) 858/581-0530 (F) 619/890-5660 (C) 760/355-6269 (0) 760/355-2915 (R) 760/355-6107 (F) 619/233-3760 (0) 619/851-5986 ( C) 619/533-4300 (0) 619/569-6583 (F) 619/237-6738 (0) 619/615-4957 (F) (0)Office (R)Residence (S)Fire Station (F)FAX (C) Cellular TERM EXPIRES 2012 Chief Ken Miller 1/ *Dr. Bruce Putenza 2012 1/ Steve Shea 2011 1/ Chief Mitch Villalpando 2012 1/ Eddie Villavicencio 2012 1/ Chief Erwin Willis 2011 * Medical Advisory Volunteer Board of Directors San Diego County 5201 Ruffin Road Suite B San Diego, CA 92123 kenneth.miller@sdcounty.ca.gov University of California San Diego Clincal Director 200 West Arbor Drive San Diego, CA 92103 by o tenza(cr�u csd. c du 858/694-2951 (0) 760/788-1610 (R) 619/543-6001 (0) 619/543-6003 (F) 858/245-5551 (C) Barney & Barney 858/550-4982 (0) 9171 Towne Centre Drive #500 858/909-9701(F) San Diego, CA 92121 619/448-8618 (R) steves(rrkbarneyandbarney.com Sycuan Fire Department 5449 Dehesa Road El Cajon, CA 92019 vi1144@aol.com San Diego Fire Rescue 1010 Second Street, #400 San Diego, CA 92101 evillavicencio@sandiego.gov 429 Santa Victoria Solana Beach, CA 92075 willis@rsf-fire.org 619/445-2893 (0) 760/739-9641 (R ) 619/533-4435 (0) 858/755-8530 (R ) 858/945-6524 (C ) (0)Office (R)Residence (S)Fire Station. (F)FAX (C) Cellular BYLAWS OF BURN INSTITUTE ARTICLE I PURPOSES The first purpose of this corporation has been satisfied, that being the creation and establishment of an effective bum treatment center at UCSD Medical Center in San Diego, California, primarily intended to serve San Diego and Imperial Counties. This Center not only provides treatment for seriously burned people but is also a training ground for nurses and other personnel. The continuing purpose of the Burn Institute will be: improve burn treatment capabilities within our region; educate the community and government agencies in burn prevention; mount a continuing public information effort to the community and government agencies regarding availability and accessibility of and need for appropriate bum treatment; and (d) conduct burn epidemiology studies. Priorities on the above will be determined by the Board of Directors of the Burn Institute. ARTICLE II PRINCIPAL PLACE OF BUSINESS The corporation shall have its principal place of business in the county of San Diego, California, at such place as may be selected from time to time by the Board of Directors. -1- 06/06 ARTICLE III BOARD OF DIRECTORS The governing body of this corporation shall be the Board of Directors and shall consist of a maximum of thirty (30) members, including the elected officers. Any person shall be qualified to serve as a member of the Board of Directors if (s)he demonstrates an active interest in the purposes of the corporation and is willing to work for the corporation's purpose. The Institute shall have no members within the meaning of the California Nonprofit Public Benefit Corporation Law other than the Board of Directors. The Board of Directors may create an Advisory Board, the members of which shall be any person, resident in either San Diego County or Imperial County, who is interested in assisting the corporation in attaining its purposes. There shall be no limit as to the number or term of the members of the Advisory Board. Members of the Advisory Board are invited and encouraged to attend meetings of the Board of Directors but shall have no vote. Section 1. Powers Subject to the limitation of the Articles of Incorporation of the Bylaws, and of the laws of the State of California, as to action to be authorized or approved by the directors, all corporate powers shall be exercised by or under authority of, and the business and affairs of this corporation shall be controlled by a Board of Directors. Section 2. Nominations, Election and Tenure of Office A board development committee of five (5) members shall be appointed by the president annually. Among its duties the board development committee shall nominate prospective members of the Board of Directors. The directors shall be elected at the annual meeting of the Board of Directors to serve for two years, or until their successors are elected. Each odd -numbered year fifteen (15) directors shall be elected to serve a two-year term. Each even -numbered year fifteen (15) directors shall be elected to serve a two-year term. It is the intent to stagger the term of the Board of Directors. Terms of office shall begin on January 1 and end on December 31 of the second year. -2- 06/06 Section 3. Removal of Directors Any member of the Board of Directors who misses three (3) consecutive meetings, without cause, shall be requested to resign and the vacancy shall be filled as provided in Article III, Section 4. Section 4. Vacancies Vacancies in the Board of Directors may be filled by a majority of the remaining directors, though less than a quorum, or by a sole remaining director, and each director so elected shall hold office until his/her successor is elected at an annual meeting of directors or at a special meeting called for that purpose. A vacancy or vacancies shall be deemed to exist in case of the death, resignation, or removal of any director. If the Board of Directors accepts the resignation of a director tendered to take effect at a future time, the Board shall have power to elect a successor to take office when the resignation shall become effective. ARTICLE IV MEETINGS Section 1. Place of Meetings Meetings of the Board of Directors shall be held at a time and place designated by the Board of Directors for that purpose by resolution of the Board or written consent of each member of the Board. Any meetings shall be valid, wherever held, if held by the written consent of all members of the Board of Directors, given either before or after the meeting and filed with the Secretary of the corporation. Section 2. Special Meetings - Notices Special meetings of the Board of Directors for any purpose or purposes shall be called at any time by the president or, if (s)he is absent or unable or refuses to act, by any vice- president or by any three directors. Written notice of the time and place of special meetings shall be delivered personally to the directors or sent to each director by letter, addressed to him/her at his/her address as it is shown upon the records of the corporation. In case such notice is mailed, it shall be deposited in the United States mail in the place in which the principal office of the corporation is located at least six (6) clays prior to the time of the holding of the meeting. In case such notice is delivered as above provided, it shall be so delivered at least four (4) days prior to time of the holding of the meeting. In case such notice is given by telephonic or electronic delivery, it shall be with at least two (2) days notice. Such mailing or delivery as above provided shall be due, legal and personal notice to such director. -3- 06/06 Section 3. Waiver of Notice When all of the directors are present at any directors' meeting, however called or noticed, and sign a written consent thereto on the -records of such meeting, or, if a majority of the directors are present, and if those not present sign in writing a waiver of notice of such meeting, whether prior to or after the holding of such meeting, which said waiver shall be filed with the Secretary of the corporation, the transactions thereof are as valid as if had at a meeting regularly called and noticed. Section 4. Directors Acting Without a Meeting by Unanimous Consent Any action required or permitted to be taken by the Board of Directors may be taken without a meeting and with the same force and effect as if taken by a unanimous vote of the directors, if authorized by a writing signed by all members of the Board. Such consent shall be filed with the regular minutes of the Board. Section 5. Quorum One-third (1/3) of the membership of the Board of Directors shall constitute a quorum for the transaction of business, and the action of a majority of the directors present at any meeting at which there is a quorum, when duly assembled, is valid as a corporate act; provided that a minority of the directors, in the absence of a quorum, may adjourn from time to tune, but may not transact any business. If the meeting is adjourned for more than twenty-four (24) hours, notice of any adjournment to another time or place shall be given prior to the time of the adjourned meeting to the directors who were not present at the time of adjournment. Section 6. Annual Meeting There shall be an annual meeting held at whichever place is determined appropriate by the Board of Directors. The meeting shall be held before the end of the fiscal year at any date so designated by the Board of Directors. ARTICLE V COMMITTEES Section I . Executive Committee The executive committee shall be composed of the president, all vice- presidents, secretary, and three members at large selected from the Board of Directors. The committee shall have such powers as may be expressly delegated to it by resolution of the Board of Directors. It shall act only in intervals between meetings of the Board of Directors and shall be subject at all times to ratification at the next meeting of the Board of Directors. The three members at large shall be appointed by the president and voted on by the Board of Directors at the first meeting following elections. -4- 06/06 Section 2. Limitation of Authority No member of the Board of Directors, or the Advisory Board, or officer, or any other any person shall commit the corporation, verbally or in writing, in any way unless expressly prescribed by the Board of Directors. ARTICLE VI OFFICERS Section 1. Officers The officers of the corporation shall be a president, one or more vice- presidents, one of whom shall be designated Chief Financial Officer, and a secretary. One person may hold two or more offices except those of president and secretary. Section 2. Election The board development committee, as provided in Article III, Section 2, shall present a slate of officers at the annual meeting. The officers of the corporation, except such officers as may be appointed in accordance with the provisions of Section 3 or Section 5 of this Article VI, shall be elected by majority vote for a term of one year by the Board of Directors, and each shall hold his/her office until (s)he shall resign or shall be removed or otherwise disqualified to serve, or his/her successor shall be elected and qualified. A term of office shall run from January 1 to December 31. Section 3. Subordinate Officers, etc. The Board of Directors may appoint such other officers as the business of the corporation may require, each of whom shall hold office for such period, have such authority and perform such duties as are provided in the Bylaws or as the Board of Directors may from time to time determine. Section 4. Removal and Resignation Any officer may be removed, either with or without cause, by a majority of the directors at the time in office, at any regular or special meeting of the Board, or, except in case of an officer chosen by the Board of Directors, by any officer upon whom such power of removal may be conferred by the Board of Directors. The removal of an officer who is also a director shall not constitute a removal of such person as a director. A director may be removed only in accordance with the provisions of the California Nonprofit Public Benefit Corporation Law. Any officer may resign at any time by giving written notice to the Board of Directors, or to the president, or to the secretary of the corporation. Any such resignation shall take effect at the date of the receipt of such notice or at any later time specified therein; and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. -5- 06/06 Section 5. Vacancies A vacancy in any office because of death, resignation, removal, disqualification or any other cause shall be filled in the manner prescribed in the Bylaws for regular appointment to such office. Section 6. Chairman of the Board The chairman of the board, if there shall be such an officer, shall exercise and perform such powers and duties as may be from time to time assigned to him/her by the Board of Directors or prescribed by the Bylaws. Section 7. President Subject to such supervisory powers, if any, as may be given by the Board of Directors to the chairman of the board, if there he such an officer, the president shall be the chief executive officer of the corporation and shall, subject to the control of the Board of Directors, have general supervision, direction and control of the business and officers of the corporation. (S)he shall preside at all meetings of the Board of Directors. (S)he shall be ex-officio a member of all the standing committees, with the exception of the nominating committee, and shall have the general powers and duties of management usually invested in the office of president of a corporation, and shall have such other powers and duties as may be prescribed by the Board of Directors or by the Bylaws. Section 8. Vice -Presidents In the absence or disability of the president, the vice-presidents, in order of their rank as fixed by the Board of Directors, or if not ranked, the vice-president designated by the Board of Directors, shall perform all the duties of the president, and when so acting shall have all the powers of, and be subject to, all the restrictions, upon the president. The vice-presidents shall have such other powers and perform such other duties as from time to time may be prescribed by them respectively by the Board of Directors or the Bylaws. Section 9. Vice President/Chief Financial Officer The vice president/chief financial officer shall keep and maintain or cause to be kept and maintained adequate and correct accounts of the properties and business transactions of the corporation, including accounts of its assets, liabilities, receipts, disbursements, gains, losses, capital, and surplus. Any surplus, including earned state capital, shall be classified according to source and shown in a separate account. The books of account shall be open to inspection at all reasonable times by any director. The vice president/chief financial officer shall deposit or cause to be deposited all monies and other valuables in the name and to the credit of the corporation with such depositaries as may be designated by the Board of Directors. (S)he shall disburse or cause to be disbursed the funds of the corporation as may be ordered by the Board of Directors, shall render to the president and directors, whenever they request it, an account of all of his/her transactions as chief financial -6- 06/06 officer and of the financial condition of the corporation, and shall have such other powers and perform such other duties as may be prescribed by the Board of Directors or by the Bylaws. The fiscal year shall run from January I through December 31. Section 10. Secretary The secretary shall keep, or cause to be kept, a book of minutes at the principal office or such other place as the Board of Directors may order, of all meetings of Directors with the time and place of holding, whether regular or special, and if special, how authorized, the notice thereof given, the names of those present at Directors' meetings, and the proceedings thereof. The secretary shall give, or cause to be given, notice of all meetings of the Board of Directors required by the Bylaws or by law to be given, and (s)he shall keep the seal of the corporation in safe custody, and shall have such other powers and perform such other duties as may be prescribed by the Board of Directors or by the Bylaws. ARTICLE VII CORPORATE RECORDS AND REPORTS -- INSPECTION Section 1. Records The corporation shall maintain adequate and correct accounts, books and records of its business and properties. All of such books, records and accounts shall be kept at its principal place of business in the State of California, as fixed by the Board of Directors from time to time. Section 2. Inspection of Books and Records All books and records provided for in Section 3003 of the Corporation Code of California shall be open to inspection of the directors from time to time and in the manner provided in said Section 3003. Section 3. Checks, Drafts, etc. All checks, drafts or other orders for payment of money, notes or other evidence of indebtedness, issued in the name of or payable to the corporation, shall be signed and endorsed by such person or persons and in such manner as shall be determined from time to time by resolution of the Board of Directors. -7- 06/06 Section 4. Contracts, etc -- How Executed The Board of Directors, except as in the Bylaws otherwise provided, may authorize any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name of and on behalf of the corporation. Such authority may be general or confined to specific instances. Unless so authorized by the Board of Directors, no officer, agent or employee shall have any power or authority to bind the corporation by any contract or engagement, or to pledge its credit, or to render it liable for any purpose or to any amount. ARTICLE VIII CORPORATE SEAL The corporate seal shall be in circular form and shall have inscribed thereon the name of the corporation, the date of its incorporation, and the word California. ARTICLE IX AMENDMENTS TO BYLAWS Section 1. Amendments The Bylaws may be amended by a two -third (2/3) vote of members present, provided the proposed amendments were distributed in writing to all members at least one week prior to the meeting. Section 2. Record of Amendments Whenever an amendment or new Bylaw is adopted, it shall be copied in the book of Bylaws with the original Bylaws, in the appropriate place. If any Bylaw is repealed, the fact of repeal with the date of the meeting at which the repeal was enacted or written assent was filed shall be stated in said book. ARTICLE X AUXILIARY The Board of Directors may authorize, from time to time, an auxiliary association to the Institute, to be known as the "Auxiliary to the Burn Institute", a group to be composed of civic minded, responsible and charitable individuals in the community served by the Institute. The primary purpose of an Auxiliary shall be to foster, promote and enhance the interests and purposes of the Institute as stated in these Bylaws; and more specifically, the Auxiliary shall devote its efforts toward fundraising on behalf of the Institute. -8- 06/06 There shall be no limit as to the number of individuals constituting the Auxiliary, and admission of individuals to the Auxiliary group shall be at the discretion of a majority of the Auxiliary. In addition, a majority of the Auxiliary may designate one or more of its members to act as an officer or officers to organize and regulate the activities of the Auxiliary. Recognizing that the individuals constituting the Auxiliary donate their time, advice and efforts as charitable contributions to the Institute, the Institute shall recognize the Auxiliary's achievements from time to time as the Board of Directors shall see fit. Any member of the group constituting the Auxiliary may be invited to attend meetings of the Board of Directors, but the Auxiliary shall have no vote in matters brought before such meetings. -9- 06/06 EXHIBIT D TECHNICAL ASSISTANCE MATERIALS The Sub -recipient attended the Community Development Block Grant (CDBG) Technical Assistance Non -Profit Workshop held on May 26, 2010 and received the following items: 1. Playing by the Rules, A Handbook for CDBG Sub -recipients on Administrative Systems 2. OMB Circular No. A-122: Cost Principals for Non -Profit Organizations 3. Quarterly/Annual Performance Reporting Form (updated format) 4. A Comprehensive Compliance and Performance Monitoring Checklist 5. Expenditure Reimbursement Claim Form (updated format) 6. Qualifying Beneficiary Intake Data Form (updated format) 7. Sample Sub -recipient Agreement and Exhibits (Scope of Services, Budget, Board of Directors and By-laws, Affirmative Action Policy and Insurance Requirements) 8. Orientation on meeting CDBG National Objectives The workshop and reference documents will assist the Sub -recipient to understand U.S Department of Housing and Urban Development and City of National City rules, regulations, and reporting requirements. The Grantee also reviewed CDBG regulations under Title 24 and the CDBG webpage on the HUD website: http://www.hud.gov/offices/cpd/communitydevelopment/programs/entitlement EXHIBIT E AFFIRMATIVE ACTION POLICY 1. Provision of Program Services a. Subrecipient 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. Subrecipient 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. Subrecipient 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. Subrecipient, 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 Subrecipient has previously discriminated against persons on the grounds of race, religion, color, national origin, sex, sexual preference or handicap, the Subrecipient must take affirmative action to overcome the effects of prior discrimination. f. Even in the absence of such prior discrimination, a Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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. Subrecipient shall not discriminate against any employee or application for employment because of race, color, religion, sex, national origin, age, or handicap. Subrecipient 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. Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. b. Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or handicap. c. Subrecipient 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 Subrecipient'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. Subrecipient 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. Subrecipient 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 Subrecipient'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 Subrecipient 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. g. Subrecipient 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. Subrecipient 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 Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CDC, Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. h. Subrecipient 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). Subrecipient 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 sea.). 3. Remedies: In the event of Subrecipient'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 Subrecipient may be declared ineligible for further government contracts and any such other sanctions as may be imposed and remedies invoked as provided by law. Exhibit F Insurance Requirements RE CERTIFICATE OF LIABILITY INSURANCE OP ID AZ BURNI-1 DATE (MM/DDIYYYY) 06/11/10 PRODUCER Alliant Insurance Services Inc 701 B Street, 6th Floor San Diego CA 92101 Phone:619-238-1828 Fax:619-849-4731 INSURED Burn Institute James A. Floros qq SanSDiego Drive, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC # INSURERA: NonProfits' Ins. Alliance INSURER B_ INSURER 0 INSURER D'. INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY RE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN ADD L LTR)NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDKYYY) POLICY EXPIRATION DATE (MM/DDKYYY) LIMITS '.. A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 201003384NPO $250, 000 AGG/EACH CLAIM $1,000,000 AGG/EACH CAUSE 02/18/10 02/18/11 EACH OCCURRENCE $ 1 , 000 , 000 UAMAGt IUkENIEU PREMISES (Ea occurence) MED EXP (Any one person) 8500,000 X 7-1 CLAIMS MADE X i OCCUR Improper Sexual $ 20,000 PERSONAL BADV INJURY $ 1 , 000 , 000 X GENII. Liquor Liability GENERAL AGGREGATE s3,000,000 AGGREGATE LIMITAPFLIES PER. POLICY JECTT LOC PRODUCTS - COMP/OP AGG $3,000,000 A X AUTOMOBILE X X X LIABILI ANY AUTO ALL OWNED AUTOS SC-IEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 201003384NPO 02/18/10 02/18/11 OatltleIajBltDSINGLE LIMIT (E BODILY INJURY (Per person) $ 1 , 000 , 000 $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ --- - - AUTO ONLY AGG $ EXCESS I UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRFPICF $ AGGREGATE $ $ $ WORKERS AND EMPLOYERS' ANY PROPRIETOR/PARTNER/EXECUTIV� OFFICER/MEMBER (Mandatory If yes, descrbe SPECIAL COMPENSATION LIABILITY YIN INC S IA IU- OIH- TORY LIMITS ER E L EACH ACCIDENT $ _- - ---- E L DISEASE- EA EMPLOYEE $ EXCLUDED? In NH) under PROVISIONS below E.L. DISEASE- POLICY LIMIT $ OTHER DESCRIPTION The City employees OF OPERATIONS I LOCATIONS I VEHICLES of National City is (EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS its elected officials, officers, agents and insured per endorsement #CG2026. named as additional CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO D0 50 SHALL City of National City IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City Attorney's office 1243 National City Blvd REPRESENTATIVES. AUTHORIZED REPRESE�'N'TA�TIVE/1 National City CA 91950-4301 ,° iv -e /_J LerbP/ ACORD 25 (2009/01) 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) *2010003384NPO ETMTCiiANGES r-q..E.ASEEDr CAREFULLY. D ONAL S Pla..D. • S NA.T E D PE RS 0.N OR: RG AN zATIO City of National City City Attorneys Office 1243 National City Blvd, National City, CA 91950-4301 f,! ACGREr CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/08/2010 PRODUCER CS&S/ALLIANT INS SERVICES,INC. PO Box 946580, Maitland, FL 32794-6580 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED BURN INSTITUTE 8825 AERO SUITE 200 SAN DIEGO, CA 92123 INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: Valley Forge Insurance Company COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MMJDD/YYYY) LIMITS GENERAL. LIABILITY ❑ COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea Occurrence) MED EXP (Any one person) J ❑ GEN'L ❑ PERSONAL & ADV INJURY AGGREGATE LIMIT APPLIES PER: POLICY ❑ PROJECT ❑ LOC GENERAL AGGREGATE PRODUCTS - COMP/OP AGG AUTOMOBILE _ — 7 LIABILITY ANY AUTO ALLOWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) 7 ❑ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY EA ACC AGO EXCESS / UMBRELLA LIABILITY ANY AUTO OCCUR ❑ CLAIMS MADE DEDUCTIBLE EACH OCCURRENCE AGGREGATE RETENTION $ E VVORKEE RSOABMBNSry ON AND Y/ N EMPLOY ANY PROPRIETOR f PARTNER ! I 1 EXECUTIVE OFFICE / MEMBER EXCLUDED?(Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below 4018069390 03/01/2010 03/01/2011 ❑WC OTHER STATUTORY UMITS E.L. EACH ACCIDENT $1,000,000 E L DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LI M'.T $1,000,000 OTHER ACORD 25 (2009/10) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD c773073 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Waiver of Subrogation applies in favor of City of National City, its elected officials, officers, agents and employees CERTIFICATE HOLDER CANCELLATION City of National City CI Attorne 5 OffICe `J y� 1243 National City Blvd National City, CA, 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR RE PES NTAr,E` AUTHORIZED REPRESENTATIVE IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009110) c773073 20020009040180693902054 CNA 333 S Wabash Chicago, Illinois 60604 STANDARD WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY CHANGE ENDORSEMENT - EFFECTIVE 06/01/10 DATE PROCESSED=061410,REASON= ADDED WAIVER OF SUBROGATION FOR CITY OF NATIONAL CITY Policy Number From Policy Period To WC 4 18069390 03/01/10 03/01/11 VALLEY Named Insured And Address ITEM BURN INSTITUTE 1. 8825 AERO SUITE 200 SAN DIEGO, CA 92123 Coverage Is Provided By Agency FORGE INSURANCE COMPANY 052581244 Agent CS&S/ALLIANT INS SERVICES, INC. 701 B STREET, 6TH FLOOR SAN DIEGO CA 92101 FEIN NUMBER: 237260718 NCCI CARRIER CODE NO: 15032 THE FOLLOWING ITEM(S) -INSURED'S NAME -INSURED'S MAILING ADDRESS - EXPERIENCE MODIFICATION - CHANGE IN WORKPLACE OF INSURED - INTERSTATE/INTRASTATE RISK ID NUMBER HAS/HAVE BEEN CHANGED ** SCHEDULE OF OP 4. LOC CLASS NO. CODE ********* 001 8742 8742 002 0930 CLASSIFICATION OF OPERATIONS STATE: CALIFORNIA CLASS 8742 ADDED EFF 06/01/10 - SALESPERSONS -OUTSIDE CLASS 8742 CHANGED EFF 03/01/10 SALESPERSONS -OUTSIDE WAIVER OF SUBROGATION 9740 TERRORISM PREMIUM THE FOREGOING AMENDMENT RESULTS IN ***** REVISED POLICY TOTALS ESTIMATED CLASS PREMIUM ESTIMATED STANDARD PREMIUM PREMIUM DISCOUNT EXPENSE CONSTANT TERRORISM PREMIUM ESTIMATED PREMIUM STATE TAXES/ASSESSMENTS/SURCHARGES ESTIMATED COST -INSURED LEGAL STATUS -ITEM 3.A.STATES -ITEM 3.D.ENDORSEMENT NUMBERS X-ITEM 4.* CLASS, RATE, OTHER -INTERIM ADJUSTMENT OF PREMIUM FRATIONS ** SCHEDULE PAGE 1 EST TOTAL RATE PER PREMIUM ANN REMUN $100 REMUN DIFFERENCE 03/01/11 - 03/01/11 4,500 .68 31 77,641 .68 502,454 .0200 AN ADDITIONAL PREMIUM OF ACCOUNT NUMBER: 3016210799 DATE OF ISSUE: 06/14/10 POLICY ISSUING OFFICE: LOS ANGELES G-145650-A 528 1 0 $1 $3,011 $3,023 $0 $200 $100 $3,323 $148 $3,471 INSURED CNA 333 S Wabash Chicago, Illinois 60604 STANDARD WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY CHANGE ENDORSEMENT - EFFECTIVE 06/01/10 DATE PROCESSED=061410,REASON= ADDED WAIVER OF SUBROGATION FOR CITY OF NATIONAL CITY Policy Number From Policy Period To WC 4 18069390 03/01/10 03/01/11 Named Insured And Address BURN INSTITUTE 8825 AERO SUITE 200 SAN DIEGO, CA Coverage Is Provided By Agency VALLEY FORGE INSURANCE COMPANY 052581244 Agent CS&S/ALLIANT INS SERVICES,INC. 92123 701 B STREET, 6TH FLOOR SAN DIEGO CA 92101 ** ENDORSEMENT SCHEDULE ** SCHEDULE PAGE 1 NUMBER DESCRIPTION EDITION DATE 20020009040180693902055 DATE OF ISSUE: 06/14/10 EEE POLICY ISSUING OFFICE: LOS ANGELES G-145650-A INSURED 20020009040180693902056 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description CITY OF NATIONAL CITY CITY ATTORNEY'S OFFICE 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4301 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by WC 04 03 06 (Ed. 4-84) CNA Policy Number 333 S Wabash Chicago, Illinois 60604 From Policy Period To WC 4 18069390 03/01/10 03/01/11 STANDARD WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY *** PAYMENT PLAN SCHEDULE *** Coverage Is Provided By VALLEY FORGE INSURANCE COMPANY Agency 052581244 Named Insured And Address Agent BURN INSTITUTE CS&S/ALLIANT INS SERVICES, INC. 8825 AERO SUITE 200 701 B STREET, 6TH FLOOR SAN DIEGO, CA SAN DIEGO CA 92101 92123 ** REVISED PAYMENT PLAN SCHEDULE ** THE BILLING FOR THIS POLICY WILL BE FORWARDED TO YOU DIRECTLY FROM CNA THE PREMIUM AMOUNT FOR THIS TRANSACTION IS $1 THIS PREMIUM WILL BE INVOICED BY CNA ON A SEPARATE STATEMENT ACCORDING TO THE PAYMENT OPTION YOU SELECT. 20020009040180693902057 ISSUE DATE 06/14/10 RESOLUTION 2010 — 88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE REALLOCATION OF $236,080 IN UNEXPENDED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ENTITLEMENT FUNDS, AND AUTHORIZING THE SUBMISSION OF THE 2010/2015 FIVE YEAR CONSOLIDATED PLAN AND THE 2010/2011 ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) WHEREAS, as an entitlement community, the City of National City administers the Community Development Block Grant (CDBG) and the Home Investment Partnerships Act (HOME) Program 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 at least two Public Hearings and a 30-day public comment period to solicit input on the draft Five -Year Consolidated Plan, Annual Action Plan, and for the reallocation of entitlement funds; and WHEREAS, the City Council of the City of National City conducted a duly advertised public hearing on March 16, 2010 and May 4, 2010 to receive input from the public; and WHEREAS, the City placed the draft Five Year Consolidated Plan, the Annual Action Plan, and the intent to reallocate CDBG funds for a duly advertised 30-day public comment period on the City's website and in various City locations from March 29, 2010 to April 28, 2010; and WHEREAS, the City will incorporate any comment received during the 30-day public comment period in the final submission of said Plans; and WHEREAS, staff recommends the reallocation of unused CDBG funds, attached hereto as Exhibit "A," to supplement the funding of CDBG and HOME Program activities listed in the FY 2010-2011 Annual Action Plan, attached hereto as Exhibit "B;" and WHEREAS, the FY 2011-2015 Five -Year Consolidated Plan outlines the City's housing and non -housing community development needs and priorities over the next five years; and WHEREAS, the Annual Action Plan for FY 2010-2011 outlines how the City of National City plans to expend $1,188,660 in CDBG, and $636,617 in HOME Program funds to meet the needs and priorities established in the Five -Year Consolidated Plan; and WHEREAS, in accordance with the federal regulations at 24 CFR, Part 91, the City of National City is required to prepare and submit a Five -Year Consolidated Plan and Annual Action Plan for its Housing and Community Development Programs. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby authorizes the reallocation of $236,080 in CBDG funds toward activities included in the FY 2010-2011 Annual Action Plan. Resolution No. 2010 — 88 Page 2 BE IT FURTHER RESOLVED, that the City Council of the City of National City authorizes the submission of FY 2011-2015 Five Year Consolidated Plan and the FY 2010-2011 Annual Action Plan for the expenditure of said funds to the U.S. Department of Housing and Urban Development (HUD). ATTEST: PASSED and ADOPTED this 4th day of icy, 2010_ ia. Mich el R. Dalla, ity Clerk APPROVED AS TO FORM: Jar George H. Eiser, III City Attorney Ron Morrison, Mayor Exhibit A Reallocable HUD 0|S FiscalActivity DrawnYear Number Activity Name Total Funded Amount_ ___ eins ^^.^ ^^- '- � � '- _----___^~ Final Reallocation to FY2010-2011 from Previous Year CDBG Activities 25,N�00 25,000.00 2001 3J5Reinx|aUadono�SreetLights* 50,000.00 3S.]00''`----15,00 --~^^~^~ 2004 480Street Lights 2007 S38Nuhona 44,447.79 2�7 5�B�k��Tmck _ 2008 554 Councils 100232.00 .0O5308�— 2.701]1 009 583 Community Food Bank- Walk in Cooler 13,000.00 13,000.00 T{�TALAK8OUNTF(}RREALLOCAT|{}NF{}RFISCAL YEAR 2010'2011 230.07850 2008 S68Seagraves Fire Truck -Fifth Payment / Fiscal Year 2010-2011 National City CDBG and HOME Final Allocation Exhibit B FY 2010-2 rogrant Entitlement of $1,188,660x„ 6,080 from previous year CDBGfu'i CD G PUBLIC SERVICES 1 Burn Institute Senior Fire & Burn Prevention Program/ Smoke Alarm Installation Program $ 8,000.00 2 Community Youth Athletic Center Champs For Life Youth Diversion Program $ 10,000.00 3 City of National City Community Services Department At Risk Youth Afterschool Program "Supreme Teens" $ 20,000.00 4 City of National City Community Services Department Learn to Swim $ 10,023.00 5 City of National City Community Services Department Tiny Tots $ 29,337.00 6 City of National City Public Library National City Public Library Literacy Services $ 49,600.00 / Meals -on -Wheels Greater San Diego, inc. Meals -on -Wheels National City $ 10,000.00 8 South Bay Community Services National City Police Department Support Services - Juvenile Diversion Program $ 20,000.00 9 Trauma Intervention Programs of San Diego County, Inc. Crisis Intervention Team $ 8,000.00 Total Public Service Activities: $ 164,960.00 CDBG CODE ENFORCEMENT, ECONOMIC DEVELOPMENT, HOUSING REHABILITATION, -INTERIM ASSISTANCE, PUBLIC FACILITY AND INFRASTRUCTURE IMPROVEMENTS Code Enforcement $ 94,000.00 10 City of National City- Community Development Department National City Housing Inspection Program $ 94,000.00 Economic Development $ 35000.00 11 Southwestern Community College District (SCCD) Small Business Development & International Trade Center (SBDITC) National City Economic Development Funds Program $ 35,000.00 Housing Rehabilitation $ 66,908.00 12 Environmental Health Coalition Making National City's "Healthy Homes" Energy Efficient $ 66,908.00 Interim Assistance $ 30000 ,0. .00 13 Christmas in July * National City City Clean -Ups $ 30,000.00 Public Facility Improvements $ 538,925.00 14 City of National City- Development Services Department Soccer Field at El Toyon Park $ 238,925.00 15 International Community Foundation National City School Gardens and Urban Agriculture Initiative $ 50,000.00 $ 25,000.00 16 La Maestra Clinic -National City La Maestra Dental Clinic, National City 17 National City Living History Farm Preserve, Inc. Structural Engineering Report for the Preservation of the Stein Farm Barn $ 25,000.00 18 Sweetwater High Joint -Use Athletic Field Sweetwater Union High School District $ 00 Public Infrastructure Improvements $ 275,000.0000 19 City of National City -Development Services Department ADA Park Improvements $ 75,000.00 20 City of National City -Development Services Department Upgrade Substandard Pedestrian Ramps, Sidewalk, Curb, and Gutters $ 200,000.00 Total of Non -Public Service Activities $ 1,039,833.00 833. Page 1 of 2 Exhibit B .. n. ..nP ... K G' Nr MIN gA1io u i✓2�._{�?n �.; fin Planning $ 26,339.00 21 Boys & Girls Club of Inland North County Boys & Girls Club Expansion Site Feasibility Study $ 11,339.00 22 City of National City- Community Services Department Neighborhood Councils Program $ 15,000.00 Administration $ 193,608 00 23 Fair Housing Council of San Diego Fair Housing and Tenant -Landlord Education Services $ 38,000.00 24 City of National City - Community Development Department CDBG Program Administration $ 155,608.00 Total Planning and Administration $ 219,947.00 FY 2010-2011 HOME Investne9F Partnerships (HOME) Pro . fti�I meat ` x$ .,636'61700 1 - Cityof National CityCommunitym Development Department First Time Homebuyer Program $ 296,989.00 2 City of National City- Community Development Department National City Community Housing Rehabilitation Program $ 148,645.00 3 Community HousingWorks CHDO Predeveloprnent Loan for Paradise Creek Affordable Housing Project $ 9,549.00 4 Community HousingWorks CHDO Set -aside Development Loan for Paradise Creek Affordable Housing Project $ 85,943.00 5 Community HousingWorks CHDO Operating Assistance to Community HousingWorks for Paradise Creek Affordable Housing Project $ 31,830.00 6 City of National City - Community Development Department HOME Program Administration $ 63,661.00 Total HOME Program -4 636r617.00 Page 2 of 2 Passed and adopted by the Council of the City of National City, California, on May 4, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, 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. 2010-88 of the City of National City, California, passed and adopted by the Council of said City on May 4, 2010. City al City, California C erk of the City of ation By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ✓ ‘Aoc-'-'dz 03 -1 MEETING DATE: May 4, 2010 AGENDA ITEM NO. 16 ,TEM TITLE: Resolution of the City Council of the City of National City authorizing the reallocation of $236,080 in unexpended Community Development Block Grant (CDBG) entitlement funds, and authorizing the submission of the 2010-2015 Five -Year Consolidated Plan and the 2010-2011 Annual Action Plan to the United States Department of Housing and Urban Development (HUD). (Community Development, Housing and Grants) PREPARED BY: Carlos J. Aguirre DEPARTMENT: Community Development PHONE: (619) 336-4391 APPROVED BY: �--' EXPLANATION: The City has prepared a draft Fiscal Year 2011-2015 Consolidated Plan and Fiscal Year 2010-2011 Annual Action Plan. The Five Year Plan outlines the City's housing and non -housing community development needs and priorities over the next five years. The Consolidated Annual Action Plan for FY 2010-2011 outlines how the City plans to expend $1,188,660 in federal Community Development Block Grant funds (CDBG) and $636,617 in HOME Investment Partnerships (HOME) Program funds. In addition to the funding sources noted above, the City will also reallocate $236,080 of CDBG funds that remain from previous year activities. In accordance with the federal regulations at 24 CFR, Part 91, the City of National City is required to prepare and submit a Five -Year Consolidated Plan and Annual Action Plan for its Housing and Community Development Programs. In order to obtain the views of residents, public agencies, and other interested parties, the City of National City placed its proposed FY 2011-2015 Five -Year Consolidated Plan and Annual Action Plan for FY 2010-2011 for public comment on the City website and on public display at various National City locations beginning on Monday, March 29, 2010 and ending April 28, 2010. No public comments have been received to date. The purpose of the final public hearing held before consideration of the resolution is to review any comments received during the 30-day public review and comment period. In addition, interested persons and community groups will be provided with one last opportunity to share their thoughts and comments regarding these plans. All comments received will be incorporated into the final plan that will be submitted to HUD, no later than May 15, 2010. Following the .blic hearing, after all public comment has been considered, the City will take final action on the Five Year Consolidated Plan and annual Action Plan by adopting the resolution. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City received $1,188,660 in CDBG Program and $636,617 in HOME Program allocations for FY2011. The City is also reallocating $236,080 from previously funded CDBG activities that will carryover to FY2011 listed activities. ENVIRONMENTAL REVIEW: Not applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: a4\o • $3, FONNIA.+ NAVY."IT, ( INCORPORATED OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax BURN INSTITUTE Resolution No. 2010-88 CDBG 2010 - 2011 Senior Fire & Burn Prevention Education Program / Senior Smoke Alarm Program Carlos Aguirre (Housing & Grants) Forwarded Copy of Agreement to Subrecipient