HomeMy WebLinkAbout2010 CON Meals-on-Wheels Greater San Diego - CDBG 10-11 Sub-RecipientSUBRECIPIENT AGREEMENT
By and Between the
City of National City and
Meals -on -Wheels Greater San Diego, Inc.
for
Meals -on -Wheels National City
sr -T
THIS AGREEMENT, entered this day of , 2010 by and between
the City of National City (herein called the "Grantee") and Meal -on -Wheels Greater San Diego.
Inc. (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,
Meals -on -Wheels National City in a manner satisfactory to the Grantee and consistent
with any standards required as a condition of providing these funds. Such program will
include activities eligible under the Community Development Block Grant (CDBG)
program, as specified in Exhibit A, attached and incorporated herein.
B. National Objectives: All activities funded with CDGB funds must meet one of the CDBG
program's National Objectives: benefit low- and moderate -income persons; aid in the
prevention or elimination of slums or blight; or meet community development needs
having a particular urgency, as defined in 24 CFR 570.208
The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet
the National Obiective 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 1s` 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
and incorporated herein. Both the Grantee and the Subrecipient must approve any
amendments to the budget in writing.
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IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under
this Agreement shall not exceed Ten Thousand Dollars (S10.000.00). 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
SubreciPient
Contact Person:
Carlos Aguirre
Contact Person:
Chequita Falls
Organization:
City of National City
Organization:
Meals -on -Wheels Greater San Diego, Inc.
Address: 1243 National City Boulevard
National City, CA 91950-4301
Address: 2254 San Diego Ave. Ste. 200
San Diego, Ca 92110
Telephone:
(619) 336-4391
Telephone:
619-420-2768
Email:
caguirre@nationalcityca.gov
Email:
cfalls@meals-on-wheels.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
arise out of the Subrecipient's performance or nonperformance of the services or subject
matter called for in this Agreement.
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D. Workers' 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.
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
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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
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
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notice to the other party thirty (30) days prior to the effective date of any termination,
in whole or part, for convenience.
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards: The 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
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
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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.
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.
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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,
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
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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 Minority -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
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
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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
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
Subrecipient Agreement
Page 9 of 14
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
be summarized in written reports and supported with documented evidence of
follow-up actions taken to correct areas of noncompliance.
Suhrecipient Agreement
Page 10 of 14
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
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
Subrecipient Agreement
Page II of tl-
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. Copyright: If this contract results in any copyrightable material or inventions, the
Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive
and irrevocable license to reproduce, publish or otherwise use and to authorize
others to use, the work or materials for governmental purposes.
7. Religious Activities: The 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.
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.
Subrecipient Agreement
Page 1,2 of 14
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 13of14
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.
City of National City
Mayor, City of National City
. SiIv
y Attorney
ATTEST
A
MichaI Dalla
City Clerk
FORM
AVa
Meals -on -Wheels Greater San Diego, Inc.
bie Case
President and CEO
Daralyne Baddour
Board Chair
Subrecipient Agreement
Page 14 Of 14
EXHIBIT A
SCOPE OF SERVICES
1. The Meals -on -Wheels National City consists of the following activities:
Overall Project Goal (Please list any additional goals or objectives on another page.)
The specific goal of our service is to provide daily meals and visits 6 times a week to 50
seniors living in National City.
Proper nutrition is vital to senior physical and mental health and promotes longevity. We
measure success by the number of seniors served and the number of meals served. The
volunteers are our eyes and ears and they identify seniors who need more assistance. Our
service center staff is well -trained to intervene and connect clients with the proper services.
When we can help seniors stay safe, secure and independent in their own homes by
providing the support that makes it a suitable living environment that is a measurable
outcome that we have helped to prevent that senior from other institutional alternatives.
Objective #1
Objective #2
Objective #3
Objective #4
2. The following lists the staff and time commitments to be allocated to activity listed above.
Staff Member Name and Title
Hours Allocated
N/A
3. Billing Method: Monthly X Quarterly
Other explain:
4. List the type of supporting documentation to be provided:
- Paid Invoices for Food Purchases
5. List the major/key activity milestones:
Major Activity
Milestones
Month
1
2
3
4
5
6
7
8
9
10
11
12
Deliver Food to Seniors
X
X
X
X
X
X
X
X
X
X
X
X
EXHIBIT B
BUDGET
Agency Name: Meals -on -Wheels Greater San Diego, Inc.
Activity Name: Meals -on -Wheels National Cit
Description
CDBG
BUDGET
OTHER
RESOURCES
LIST NAMES(S) OF
OTHERS SOURCES
TOTAL
BUDGET
1) Personnel (Direct
labor)
2) Fringe Benefits
3) Travel
4) Supplies and
Materials
Supplies (food)
10,000.00
$95,000
Client fees, private
grants, donations
105,000.00
5) Sub Total for Direct
Costs
6) Indirect Costs
(Overhead)
TOTAL
$ 10,000
1 $ 95,000
$ 105,000
Exhibit C
Board of Directors
By -Laws
BOARD OF TRL„i EES TERMS
Name
Committee
Start Date
Years of Service
Current Year /
Current Term
Term Expiration
Next
Sabbatical
(as of May 2009)
Baddour, Daralyne
Finance Committee Chair
23
2/1
May 2011
June 2014
Browning -Bally, Clara
Human Resource Chair/Secretary
11
3 /2
May 2010
June 2010
Burzynskl, Bill
Marketing & Resource Development Chair
12
2/2
May 2011
June 2011
Fazio, James
Audit Chair
4
2/2
May 2011
June 2011
Ford, Ida
0n Leave of Absence
12
2/2
May 2011
June 2011
Gramling, Gary
Chairman of the Board
33
1/1
May 2012
June 2015
Grossman, Burt
Marketing Committee
May-09
0
1/1
May 2012
June 2015
Hags, Bonnie
Board Development
June-09
1/1
May 2012
June 2015
Hermann, John
Service Committee Chair
39
2/2
May 2011
June 2011
Ingalls, Marsha
Marketing/RDC Member
4
2/2
May 2011
June 2011
Katsell, Noah
Finance Committee Member
June-09
0
1/1
May 2012
June 2015
Kronemyer, Nancy
Finance CommitteelHR Member
31
1/2
May 2012
June 2012
Levin, Jason
Services Committee Member
June-09
0
1/1
May 2012
June 2015
McMahon, Kevin
Resource Development Member
March-09
0
1/1
May 2012
June 2015
Ratner, Steven
Board Development Member
March-09
0
1/1
May 2012
June 2015
Watldns, Bob
2
2/1
May 2010
June 2013
Wichard, Christine
Board Development Chair; Finance Committee Member
September-98
10
1/2
May 2012
June 2012
Woods, Hon. Margle
Vice -Chair
17
1/1
May 2012
June 2015
Advisory Council
(non -voting members)
Belmar, Ryan
Audit Committee
6
Fleishans, Priscilla
Finance Committee
28
Jackson, Marcia
Member
7
Larson, Neil
Services Committee
14
Morse, Karen
Resource Development Committee
Seiber, Mike
Member
Stratton, Clndl
Human Resource Committee
9
Williams, Ken
Finance Committee Member
8
1/8/2010
MEALS -ON -WHEELS GREATER SAN DIEGO, INC.
BYLAWS
ARTICLE I. NAME
The name of this organization shall be Meals -on -Wheels Greater San Diego, Inc., a not -for -profit
corporation, located in the County of San Diego, State of California.
ARTICLE II. PURPOSE
The purpose of Meals -on -Wheels Greater San Diego, Inc. is to identify and provide services which will
enable elderly in the conununity to stay independent.
ARTICLE III. MEMBERSHIP
Section 1. Members:
A. The Corporation shall have no members.
B. Any action which would otherwise by law require approval by a majority of all members
or approval by the members shall require only approval of the Board of Trustees.
C. All rights which would otherwise by law vest in the members shall vest in the Board of
Trustees.
ARTICLE IV. BOARD OF TRUSTEES
Section 1. Powers:
A. All powers of the Corporation shall be vested in the Board of Trustees. Such powers
shall include but are not limited to:
(1) the selection and removal of officers and agents;
(2) the establishment of policies and the control of business;
(3) the right to borrow money and incur indebtedness; and
(4) the selection of the principal office for the transaction of business.
Section 2. Standard of Conduct:
A. Trustees shall perform their duties in good faith in the best interests of the Corporation
and with such care, including reasonable inquiry, as an ordinarily prudent person in a like
position would use under similar circumstances.
Section 3. Number of Trustees:
The number of Trustees shall be twenty-five (25), to be implemented by 1996.
Section 4. Election and Term of Office:
A. The term of office of each Trustee is three years.
B. A Trustee may succeed himself/herself in office once and may not thereafter be elected a
Trustee without being off the Board for at least one (1) year.
Section 5. Vacancies:
A. Any vacancy or vacancies in the Board shall be filled by a vote of the majority of the
remaining Trustees.
B. A successor Trustee so elected shall serve for the unexpired term of his/her predecessor.
Section 6. Attendance:
1 Amended and Restated 3/28/06
A. The Chair of the Board of Trustees, upon recommendation of the Board Development
Committee, may place on non -active leave -of -absence status a Trustee who is temporarily
unable to attend Board meetings. The non -active leave -of -absence status shall expire at
the end of six months or when the Trustee attends a regularly -scheduled Board meeting,
whichever occurs first.
B. More than three absences within the Board year of an active Trustee from regularly -
scheduled Board meetings may constitute cause for removal of that Trustee.
Section 7. Board Meetings:
A. Regular meetings:
(1) The day, time, and place of regular meetings shall be determined by the Chair of
the Board with the consent of the Board of Trustees.
(2) Unless otherwise designated, the regular meeting should be held at the principal
office.
B. Annual meetings:
The Board shall fix the date, time, and place of its annual meeting.
C. Special meetings:
(1) Special meetings of the Board of Trustees for any purpose or purposes may be
called at any time by the Chair of the Board or by the Chair of the Board at the
written request of any two (2) Trustees.
(2) The Trustees shall receive notice by mail of the date, time, and place of special
meetings at least seven days before the meeting.
(3) The transaction of special meetings of the Board of Trustees shall be valid if a
quorum is present.
D. Quorum:
A quorum shall consist of a simple majority of the active members of the Board of
Trustees.
Section S. Interested Persons:
No person may serve simultaneously both as a Trustee and an employee of Meals -on -Wheels
Greater San Diego, Inc.
Section 9. Self -Dealing Transactions:
Pursuant to Section 5233 of the California Nonprofit Corporation Law, Meals -on -Wheels Greater
San Diego, Inc. shall not be a party to a transaction in which one or more of its Trustees has a
material financial interest unless the transaction is:
A. in the best interest of Meals -on -Wheels Greater San Diego, Inc.;
B. benefits Meals -on -Wheels Greater San Diego, Inc.; and
C. unless, after reasonable investigation of alternatives, under the circumstances Meals -on -
Wheels Greater San Diego, Inc., could not have obtained a more advantageous
arrangement.
Section 10. Removal:
A Trustee may be removed from office, for cause, by the vote of a majority of the Trustees.
Section 11. Compensation:
Trustees shall receive no compensation for their services as Trustees.
2 Amended and Restated 3/28/06
Section 12. Fiscal Year:
The Board of Trustees shall determine the fiscal year of the Agency,
ARTICLE V. OFFICERS
Section 1. Elected Officers:
The elected officers shall be Chair of the Board, Vice -Chair of the Board, Chair -Administration,
Chair -Audit, Chair -Program, Chair -Resource Development, Chair -Personnel, Secretary, and
Treasurer.
Section 2. Qualifications:
A. Candidates for Chair of the Board, Vice -Chair of the Board, and Chair -Administration
shall have served on the Board of Trustees for at least one (1) year preceding their
election.
B. Each candidate shall have been a Trustee in good standing.
Section 3. Election and Term of Office:
A. Officers shall be elected at the meeting of the Board of Trustees prior to the Annual
meeting and shall serve for a term of one (1) year, or until their successors are elected.
B. Officers shall be elected by ballot.
(1) When there is only one nominee for an office, the election shall be by voice vote.
C. They shall assume their duties at the close of the Annual Meeting.
D. Elected officers shall serve a maximum of two (2) consecutive terms in any one office.
Section 4. Vacancy:
In the event of a vacancy of an elected office, the Trustees shall appoint a successor to serve until
the next Annual meeting.
Section 5. Removal for Cause:
An elected officer, when extreme circumstances warrant, may be removed from office by a two-
thirds (2/3) vote of the remaining active members of the Board of Trustees.
Section 6. Duties:
A. The Chair of the Board shall:
(6)
(7)
preside over all meetings of the Trustees;
call and preside over all meetings of the Executive Committee;
execute such legal papers as from time to time may be necessary;
oversee generally the business and interest of the Agency;
appoint standing and/or special committees subject to approval of the Board of
Trustees if not otherwise provided for in these Bylaws;
appoint a parliamentarian subject to the approval of the Board of Trustees; and
perform such other duties as prescribed by these Bylaws or the Board of Trustees.
B. The Vice -Chair of the Board shall:
(1) perform the duties of the Chair of the Board in the absence or disability of the
Chair of the Board;
(2) serve as a member of the Executive Committee; and
(3) perform such other duties as prescribed by these Bylaws or the Board of Trustees.
3 Amended and Restated 3/28/06
C. The Chair -Administration shall:
(1) serve as Chair of the Finance Committee;
(2) serve as a member of the Executive Committee;
(3) serve as Chair of the Pension Committee; and
(4) perform such other duties as prescribed by these Bylaws or the Board of Trustees.
D. The Chair -Program shall:
(1) serve as Chair of the Services Review and Planning Committee;
(2) perform the duties of the Chair of the Board in the absence or disability of the
Chair of the Board and the Chair -Administration;
(3) serve as member of the Executive Committee; and
(4) perform such other duties as prescribed by these Bylaws or the Board of Trustees.
E. The Chair -Resource Development shall:
(1) serve as Chair of the Resource Development Committee;
(2) perform the duties of the Chair of the Board in the absence or disability of the -
Chair of the Board, Chair -Administration and the Chair -Program;
(3) serve as a member of the Executive Committee; and
(4) perform such other duties as prescribed by these Bylaws or the Board of Trustees.
F. The Chair -Personnel shall:
(1) serve as Chair of the Personnel Committee;
(2) serve as member of the Executive Committee; and
(3) perform such other duties as prescribed by these Bylaws or the Board of Trustees.
G. The Secretary shall:
(1) see that an accurate record is kept of the proceedings of meetings of the Board of
Trustees, Executive Committee and the Agency Annual Meeting;
(2) serve as member of the Executive Committee;
(3) keep current all policy actions and standing rules as adopted by the Board of
Trustees; and
(4) perform such other duties as prescribed by these Bylaws or the Board of Trustees.
H. The Treasurer shall:
(1) be responsible for seeing that all funds of the Agency are collected, deposited, and
disbursed in accordance with established Agency policy and prudent accounting
practices;
(2) serve as a member of the Finance Committee;
(3) serve as a member of the Executive Committee;
(4) serve as a member of the Pension Committee;
(5) perform such other duties as prescribed by these Bylaws or the Board of Trustees.
I. The Chair -Audit shall:
(1) Serve as Chair of the Audit Committee;
(2) Not serve as a member of the Executive Committee;
(3) Not be an Active member of the Finance Committee;
(4) Perform such other duties as prescribed by these by-laws or the Board of Trustees
4 Amended and Restated 3/28/06
Section 7. Appointed Officer:
A. President/Chief Executive Officer (hereinafter "CEO"): The President/CEO shall:
(1) serve as the authorized agent of the Board of Trustees and officers in directing the
day-to-day activities of the Agency;
(2) represent the Agency to the public;
(3) participate in those community activities which will bring high visibility to
Agency services;
(4) serve as non -voting member of the Board of Trustees, Executive Committee and
all other committees of the Board;
(5) carry the designation as the Agency President/CEO for purposes of entering into
contracts and executing other legal documents on behalf of the Agency, as
authorized by the Board of Trustees; and
(6) co-sign all checks issued by the Agency.
ARTICLE VI. COMMITTEES
Section 1. Executive Committee:
A. The Executive Committee shall consist of the Chair of the Board, Immediate Past Chair
of the Board, Vice -Chair of the Board, Standing Committee Chairs, Board Development
Committee Chair, Secretary, Treasurer, and the President/CEO. The Immediate Past
Chair and the President/CEO will be ex-officio members of the Committee.
B. The Executive Committee shall have and may exercise all the powers of the Board
between meetings of the Board, except the following:
(1) the approval of any action for which the California Nonprofit Corporation Law
also requires the approval of a corporation;
(2) the filling of vacancies of the Board or in any committee which has the authority
of the Board;
(3) the amendment or repeal of these Bylaws or the adoption of new Bylaws;
(4) the amendment or repeal of any resolution of the Board which, by its express
terms, is not so amendable or repealable;
(5) the appointment of committees of the Board or the members thereof;
(6) the expenditure of corporate funds to support a nominee for Trustee after there are
more people nominated for Trustee than can be elected; and
(7) the approval of any self -dealing transaction except as permitted in ARTICLE IV,
Section 9, of these Bylaws.
Section 2. Board Development Committee:
A. The Board Development Committee shall consist of five (5) members of the Board of
Trustees.
B. The Board Development Committee is responsible to develop potential nominees to
provide the Board with diverse experience.
Section 3. Audit Committee:
A. The Audit Committee shall consist of at least three members and not more than five
members as appointed by the Board of Trustees. Members may include persons not on the
Board of Trustees. Members shall not receive any compensation from the corporation nor
have a material financial interest in any entity doing business with the corporation.
5
Amended and Restated 3/28/06
Members of the Finance Committee that are also Members of the Audit Committee shall
constitute less than one-half of the total Audit Committee membership.
B. The duties of the Audit Committee shall generally conform with the requirements set
forth in California SB 1262 "The Nonprofit Integrity Act" and any amendments thereto
including but not limited to: (1) make recommendation to the Board of Trustees for the
retention or termination of the independent auditor; (2) oversee the preparation of annual
financials statements that are audited by an independent certified public accountant in
conformity to Generally Accepted Accounting Principles; (3) negotiate the compensation
of the auditor on behalf of the Trustees; (4) confer with the auditor to satisfy the
committee members that the financial affairs of the Agency are in order; (5) review and
determine whether to accept the audit; (6) shall approve performance of any non -audit
services to be provided by the auditing firm; and (6) review the reasonableness of the
compensation paid to the CEO and CFO of the Agency.
C. Other duties of the Audit Committee will include reviewing the minutes of any meeting
held by the Executive Committee. The minutes of such meeting will be available to the
Audit Committee within two weeks from the date of the meeting.
D. In addition, the Audit Committee may establish other roles and responsibilities as
recommended by the National Council of Nonprofit Associations from time to time.
Section 4. Standing Committees:
A. Standing committees shall be:
(1) Finance and Pension;
(2) Services Review and Planning;
(3) Resource Development;
(4) Personnel; and
(5) such other committees as may be designated from time to time by the Board.
B. Standing committee members shall be:
(1) appointed by the Chair of the Board; and
(2) made up of at least three Trustees.
ARTICLE VII. MISCELLANEOUS
Section 1. Standard of Conduct:
Pursuant to Section 5231 of the California Non -Profit Corporation Law, a Trustee shall perform
the duties of a Trustee, including duties as a member of any committee of the Board upon which
the Trustee may serve, in good faith, in a manner such Trustee believes to be in the best interests
of Meals -on -Wheels Greater San Diego, Inc., and with such care, including reasonable inquiry as
an ordinarily prudent person in a like position would use under similar circumstances. In
performing the duties of a Trustee, a Trustee shall be entitled to rely on information, opinions,
reports or statements, including financial statements and other financial date, in each case
prepared or presented by:
A. one or more officers or employees of the Corporation whom the Trustee believes to be
reliable and competent in the matters presented;
B. counsel, independent accountants, or other persons as to matters which the Trustee
believes to be within such person's professional or expert competence; or
C. a committee of the Board upon which the Trustee does not serve, as to matters within its
designated authority, which committee the Trustee believes to merit confidence.
6 Amended and Restated 3/28/06
Provided that, in any such case, the Trustee acts in good faith, after reasonable inquiry when the
need therefore is indicated by the circumstance and without knowledge that would cause such
reliance to be unwarranted.
ARTICLE VIII
Robert's Rules of Order, Revised, shall govern the Board of Trustees in all procedures except when they
conflict with the Bylaws of this Corporation.
7 Amended and Restated 3/28/06
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
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 seq.).
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
ACORD CERTIFICATE OF INSURA
1.00,146.
Ailiant Insurance Services, Inc.
701 B Street
lth Floor
San Diego CA 92101
orm,mo
Mealc-on-Wneels Greater San Diego, Inc,
2254 San niego Avenue 5200
aan Die90 CA 92/10
NCE
DAIE(M,14,0,0)
41291:2Cs,.c
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.
COMPANIES AFFORDING COVERAGE
COMPANY
A Philade1Otta Indemnity ins Co
COVPANY
B Znnith 1,1s 20
COMPANY
COVERAGES
Fit. IS TO OFF, FY CH, Y. PO, ICI k$S OF 111$1.1W,F, LI.6,1,,, 131.1033 00101 141EN 7.00;31 70 THE. 1111-0,0 3.1123 ht.,/t FOX 1,0: P01-12Y
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CERTIFICATE HOLDER CANCELLATION
:sin as NA', 07.1A1.., 0I7?
CITY ATTCRNEY.S OFF.,.CE
1Z 4 3 NAT: ()NA L C In. Fr.NT,
0%,,210NAL CITY CA 02013 - 4 301
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tine,
ACORD 25.9 (3193)
ACORD CORPORATION 1993
POLICY NUMBER: pi s49si41 COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person{si Or OrganizatIon(s)
CITY OR NATIONAL CITY
CITY A'L"IGRNEY'S OFFICE
1243 NATIONAL CITY BLVO
NATIONAL CITY CA 91950-4301
Information required to complete this Schedule, if not shown above, wil'.he shownin the Declarations.
Section II — Who Is An Insured s amended 10 in -
dude as an additional insured the person(s) or organi-
zations) shown in the Schedule, but only with respect
to liability for "bodily injury". property damage" or
"personal and advertising injury" caused, in whole or in
part, by your ads or omissions or the acts or omis-
sions of these acting on your behalf.
A. In the performance of your ongoing operations, or
B. In connection with your premises owned by or
rented to you.
CG 20 26 07 04
,0 ISC Properties, Inc., 2004 Page 1 of 1
POLICY NUMBER:PHPK495141
COMMERCIAL GENERAL LIABILITY
CG 24 0410 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
CITY OF NATIONAL CITY
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMER-
CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above
because of payments we make for injury or damage arising out of your ongoing operations or "your work" done
under a contract with that person or organization and included in the "products -completed operations hazard",
This waiver applies only to the person or organization shown in the Schedule above.
Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1
CG 24 04 10 93
POLICY #YPxpx495141 j
COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi-
fied by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi-
sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Endorsement Effective: 6 / 2 / 2010'\
Named Insured:
Meals -on -Wheels Greater San Diego, Inc.
Countersigned By:
SCHEDULE
(Authorized Representative)
Name of Person(s) or Organization(s): CITY OF NATIONAL CITY
CITY ATTORNEY'S OFFICE
1243 NATIONAL CITY BLVD
NATIONAL CITY CA 91950-4301
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to the endorsement.)
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent
that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II
of the Coverage Form.
CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998
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 $236,080 in CBDG funds toward activities
included in the FY 2010-2011 Annual Action Plan.
Resolution No. 2010 — 88
Page 2
BE IT FURTHER RESOLVED, that the City Council of the City of National City
authorizes the submission of FY 2011-2015 Five Year Consolidated Plan and the FY 2010-2011
Annual Action Plan for the expenditure of said funds to the U.S. Department of Housing and
Urban Development (HUD).
PASSED and ADOPTED this 4th day of Icy, 2010.
ATTEST:
Af
Mich el R. Dalla, ity Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Ron Morrison, Mayor
Exhibit A
Final Reallocation to FY2010-2011 from Previous Year CDBG Activities
HUD IDIS
Fiscal Activity Reallocable
Year Number Activity Name
2001 335 Reinstallation of Sreet Lights"
2004 446 COd.E0191-.ceP101.:0191(er.r.OgrOgl,:.:,.:::::.'':-:.,
2004 489 Street Lights
2005 497 Fire Apparatus -Radios and Equipment
2007 538 National City Library Literacy Services.
2007 .
2007 541 Code Enforcement
2007 544 Miscellaneous Ston DraiitimOtO.Y:#0:00t$.q
2007 545 Beck Fire Truck
2008 554 Neighborhood Councils Program
2008 558 Tiny Tots
2008 566 Seagraves Fire Truck -Fifth Payment
2009 583 Community Food Bank- Walk in Cooler
TOTAL AMOUNT FOR REALLOCATION FOR FISCAL YEAR
Total Funded
50000 00
50,000.00
25,000.00
68,93834
47,000.00
47,250.00
".:gf2:IgE120 920,i98:;
120,928.97
5000000
78,453.00
. . .
103,232.00
10,000 00
24,736.50
60,116.00
13,000.00
2010-2011
Drawn Amount Funds
35,000.00 15,000.00
25,000.00
40,161.05 6,838.95
44,447.79 2,802.21
100,188.13 20,740.84
78,452.88
0.12
60,115.56 0.44
13,000.00
236,079.50
Page 1 of 1
Fiscal Year 2010-2011 National City CDBG and HOME Final Allocation
Exhibit B
•
FY 2D10 2E1I=CDBG Program Entitlement of,$1,188;6
of::$236,080,from previows year CDBlt
ealloeation
COBG PUBLIC SERVICES 4>
"_..
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
7
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
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
$ 35,000.00
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
90
$ 66,908.00
Interim
Assistance
$ 30,000.. 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
16
La Maestra Clinic -National City
La Maestra Dental Clinic, National City
$ 25,000.00
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
$ 200,000.00
Public Infrastructure Improvements
$ 275,000.00
.
19
City of National City -Development
Services Department
ADA Park Improvements
$ I5,000.00
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
Page 1 of 2
Exhibit 8
= CDBG PtA WING AND *'»MINISTRATION
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 Investment
!, -:..Entitlement
Partnerships (HOME) Program.
$ 636,:617.00
1
City of National City - Community
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 Predevelopment 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
$ 636,617.00
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
✓ tio6 -e`
?o3 -`1 -�
MEETING DATE: May 4, 2010
AGENDA ITEM NO. 16
ITEM 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
„nnual 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:
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
MEALS -ON -WHEELS GREATER SAN DIEGO
Resolution No. 2010-88
CDBG 2010 - 20111
Meals -On -Wheels National City Program
Geny Torres (Housing & Grants) Forwarded
Copy of Agreement to Sub -Recipient