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HomeMy WebLinkAbout2011 CON Trauma Intervention Programs of San Diego County - CDBG 11-12 Sub-RecipientAGREEMENT BETWEEN CITY OF NATIONAL CITY AND TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO COUNTY, INC. FOR TRAUMA INTERVENTION PROGRAM THIS AGREEMENT, entered this 1st day of July, 2011 by and between the City of National City (herein called the "Grantee") and the Trauma Intervention Programs Of San Diego County, 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, Trauma Intervention Program in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include activities eligible under the Community Development Block Grant ("CDBG") program, as specified in Exhibit A, attached and incorporated herein. B. National 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 the level of project and 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 15t day of July, 2011 and end on the 30th day of June of 2013. 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, attached as Exhibit B and incorporated herein. Both the Grantee and the Subrecipient must approve any amendments to the Budget in writing. Subrecipient Agreement Page 1 of 14 IV. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed Eiaht Thousand Dollars ($8,000.00). Drawdowns for the payment of eligible expenses shall be made against the Budget line items specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the Budget line items 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: GrAne Subrecipient Contact Person: Carlos Aguirre Contact Person: Mandy Atkission Organization: City of National City Organization: Trauma Intervention Programs of San Diego County, Inc. Address: 1243 National City Boulevard National City, CA 91950-4301 Address: 2560 Orion Way, Carlsbad, CA 92010 Telephone: (619) 336-4391 Telephone: (760) 931-2104 Email: caguirre@nationalcityca.gov Email: tipsandiego@sbcglobal.net VI. GENERAL CONDITIONS A. General Compliance: The 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. 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 Subrecipient Agreement Page 2 of 14 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 purchase a blanket fidelity bond covering all employees in an amount equal to cash Subrecipient Agreement Page 3 of 14 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 under -taken 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 Subrecipient Agreement Page 4 of 14 notice to the other party thirty (30) days prior to the effective date of any termination, in whole or part, for convenience. VII. ADMINISTRATIVE REOUIREMENTS A. Financial Management 1. Accounting Standards: The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles: The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping 1. Records to be maintained: The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention: The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four- year period, whichever occurs later. 3. Client Data: The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 4. Disclosure: The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by the State and for Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs: The Subrecipient's obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall 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 Subrecipient Agreement Page 5 of 14 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 and Corporate 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 balance 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 the 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. Subrecipient Agreement Page 6 of 14 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 Subrecipient Agreement Page 7 of 14 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. 3. 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 Subrecipient Agreement Page 8 of 14 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 IX.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. Emolovment 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. Aoorovals: 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. Subrecipient 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 11 of 14 cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbvina 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 12 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 Subrecipient 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 Corporate Bylaws Exhibit D-Technical Assistance Materials Exhibit E-Affirmative Action Policy Exhibit F-Insurance Subrecipient Agreement Page 13 of 14 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. City of National City Morrison Mayor, City of National City G Silva Attorney Michael Dalla City Clerk Name of Organization /� TrQyLC c..1t��Cxv�rvki,Dc. iiCec0.rrtSD �Z1r�wc,c, tzts,al{c)finc..., Mandy Atkissi Executive Director Kaerin9'Venable Office Manager Subrecipient Agreement Page 14 of 14 EXHIBIT A SCOPE OF SERVICES 1. The Trauma Intervention Program (TIP) consists of the following activities: Overall Pr ct Goat (Please list any addition.ai goals or ob#ecti ,on nother page.) Citizen Volunteers will provide immediate support to approximately 250 individual emotionally traumatized citizens of National City after suffering a tragic event. Police, Fire and medical personnel will request TIP volunteers whenever assistance is needed Objective .. . Respond within 20 minutes to approximately 5 emergency scenes per month to provide resources, emotional support to traumatized citizens. Help individuals with contacting loved ones, making funeral arrangements, and informing these individuals of bereavement services available to them locally Objective #2 Assist 35-40 emergency responders monthly, by relieving them the responsibility of caring for emotionally traumatized individuals and allowing them to return to service quicker. Objective #3 Hold a TIP training academy and train 10-15 individuals to respond to TIP calls and provide the above services. 2. The following lists the staff and time commitments to be allocated to activity listed above. Staff MeM r Name d = , Hours Allocated Elly Harris, Crisis Team Manager 28 hours/week 3. Billing Method: Monthly Quarterly x 4. List the type of supporting documentation to be provided: - Copies of Employee Time Sheets - Provide pay stubs showing the pay rate, benefits, and employee withholdings. - Provide source documentation showing the actual outlay of funds (e.g. canceled checks, bank statements, etc.). 5. List the major/key activity milestones: Major Activity Milestones Month 1 2 3 4 5 6 7 8 9 10 11 12 Program Implementation X X X X X X X X X X X X Provide Program Services X X X X X X X X X X X X EXHIBIT B BUDGET 2011-12 Agency Name: Trauma Intervention Program (TIP) Activity Name: Crisis Intervention Description CDBG BUDGET OTHER RESOURCES TOTAL BUDGET 1) Personnel (Direct labor) Crisis Team Manager 5,000.00 18,920.00 23,920.00 2) Fringe Benefits 3) Travel 4) Supplies and Materials 3,500.00 Training/Supplies 1,500.00 2,000.00 Resources 500.00 3,500.00 4,000.00 5) Sub Total for Direct Costs 6) Indirect Costs (Overhead) Liability Insurance 1,000.00 5,000.00 6,000.00 TOTAL I $ 8,000 j $ 29,420 I $ 37,420 EXHIBIT C - BOARD OF DIRECTORS/ BY LAWS TIP TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO COUNTY, INC. BOARD OF DIRECTORS 2011-2012 Kelly Cain, President Lieutenant Carlsbad Police Department Ken Matsumoto, Vice President Division Chief Oceanside Fire Department (Ret.) Debbie Fountain, Treasurer City of Carlsbad Director of I Iousing and Redevelopment Joe Young, Secretary Lieutenant Oceanside Police Department Joseph Adelizzi, Member Attorney at Law Curtis Browning, Member Federal Police Officer Camp Pendleton Police Department TIP Trauma Intervention Programs of San Diego County, Inc. ADVISORY BOARD MEMBERS Retired Sergeant Tom Bussey Oceanside Police Department, Retired David Ott City of Solana Beach, Fire Chief Susan Lund, MFT Heritage Clinic Chief Alan Lanning SD County Police Chiefs and Sheriff's Association John Lundblad City of Oceanside, Management Analyst & CDBG Coordinator Dr. Glenn Wagner, Chief Medical Examiner San Diego County Medical Examiner's Office Chief Kevin Crawford Fire Chief, City of Carlsbad Chris Saunders Thomas Jefferson School of Law Holly Grubs -Richardson, Esq. Jack Feller Councilmember, City of Oceanside BYLAWS OF TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO COUNTY, INC. A California Public Benefit Corporation ARTICLE 1: Name, Office Section 1.01— Name of the Corporation The name of this Corporation shall be TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO COUNTY, INC. (hereinafter referred to as the "Corporation"). Section 1.02 — Principal Office The principal executive office for the transaction of the business of the Corporation is located in the State of California, County of San Diego. The Board of Directors (hereinafter referred to as the "BOD") may change the principal office from one location to another. Any change of this location shall be noted by the Secretary on these Bylaws opposite this section, or this section may be amended to state the new location. Section 1.03 — Other Offices The BOD or their designee may at any time establish branch or subordinate offices at any place or places where the Corporation is qualified to do business. ARTICLE 2: Purpose Section 2.01— Purpose The general purpose of this Corporation is to ensure that victims of traumatic events receive the emotional and practical support they need immediately following the traumatic occurrence. Section 2.02 — Nonpartisan Activities This Corporation has been formed under the California Corporation Law for the purpose described herein at Article 2, Section 2.01, and it shall be nonprofit and nonpartisan. No substantial part of the activities of the Corporation shall consist of the publication or dissemination of materials with the purpose of attempting to influence legislation, and the Corporation shall not participate or intervene in any political campaign on behalf of any candidate for public office or for or against any cause or measure being submitted to the people for a vote. The Corporation shall not, except in an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the purpose described above. Trauma Intervention Programs Bylaws 2 ARTICLE 3: Membership and Meetings Section 3.01 -- Voting Members of the Corporation Voting members shall consist of the members of the BOD of the Corporation. Effective July 1. 1996 and thereafter, no voting member shall be an active program volunteer. Section 3.02 — Honorary Members Any individual or organization that subscribes to the purposes and basic policies of the Corporation and whose admission will contribute to the Corporation' s ability to carry out its charitable and educational purposes may become an honorary member of the Corporation. Section 3.03 —Application for Membership to the Board of -Directors' Applications for membership to the BOD shall be submitted by the Executive Director or the BOD of the Corporation on a written form prescribed and approved by the BOD. The Executive Director shall transmit such applications for consideration to the BOD who shall evaluate such applications in order to determine the applicant's eligibility for membership. Membership shall be conferred upon the applicant by a simple majority of the votes cast at a regular or special meeting of the BOD or by a simple vote though a written ballot emailed to the members at the direction of the BOD. Section 3.04 — Application for Honorary and Advisory Membership Honorary and advisory membership shall be conferred upon the individual by a simple majority of the votes cast at a regular or special meeting of the BOD or by email vote. Section 3.05 — Rights of Directors Each member of the Corporation shall be entitled to one vole on each matter submitted to a vote at the meeting of the BOD, except to the extent that the voting rights are limited or denied by the Articles of Incorporation. No member shall be entitled to any dividend or any part of the income of the Corporation or to share in the distribution of the corporate assets upon the dissolution of the Corporation. Section 3.06 -- Rights of Honorary and Advisory Members Honorary and advisory members shall have all the rights and privileges of this Corporation except that they shall not vote or hold office. No honorary member shall be entitled to any dividend or any part of the income of the Corporation or to share in the distribution of the corporate assets upon the dissolution of the Corporation. Trauma Intervention Programs Bylaws 3 Section 3.07 — Resignation of Directors, Honorary, & Advisory Members Any BOD member or honorary member or advisory member may resign from the Corporation by delivering a written resignation to the President, Secretary, or Executive Director of the Corporation. Section 3.08 — Termination of Honorary Membership Any honorary and advisory member may be removed with or without cause at any time by the affirmative vote of a majority of the members of the Corporation present at a meeting of the BOD. This section may be amended or repealed only by a vote of a majority of all members of the Corporation at a meeting of the BOD. Section 3.09 — Annual Meeting of the Board of Directors There shall be an annual meeting each year of the BOD of this Corporation. to be held in the County of San Diego, State of California. The annual meeting will serve as an annual BOD evaluation to determine the action and direction of the Corporation toward meeting it's mission and goals. Section 3.10 — Regular Meetings The BOD members shall meet at a time and place determined by the BOD, with a minimum of three (3) meetings held per year. Section 3.11— Cancellation of Meetings The Executive Director, with concurrence of a majority of the members of the BOD, may cancel meetings, or change the date, time or place of meetings under special circumstances. Section 3.12 —Adjournment A majority of the members present, whether or not continuing a quorum, may adjourn any meeting of the BOD to another time or place. Section 3.13 — Volunteer Liaison to the Board of Directors Each geographical volunteer team will have the opportunity to appoint a volunteer liaison to act as a non- voting member of the board and report back to the other TIP volunteers as to the current BOD activities. ARTICLE 4 — Board of Directors Section 4.01 — Powers (a) The activities, affairs and property of the Corporation shall be managed, directed and controlled, and its Trauma Intervention Programs Bylaws 4 powers executed by, and vested in, the BOD or their duly appointed representative. (b) Select and remove the Executive Director of the Corporation; prescribe any powers and duties for him/hcr that are consistent with the law, with the Articles of Incorporation, and with the Bylaws; and fix the compensation. (c) Adopt, make and use a corporate seal; prescribes forms of membership certificates; and alter the form of the seal and certificate. (d) Borrow money and incur indebtedness on behalf of the Corporation and cause to be executed and delivered for the Corporation's purposes, in the corporate name, promissory notes, bonds. debentures, deeds of trust, mortgages, pledges, hypothecation and other evidence of debt and securities. Section 4.02 — Number, Election, Term The BOD shall consist of at least five (5) persons who are elected for two year terms. All terms shall expire in the month of June with one-half of the terms expiring in the even numbered years and one-half the terms expiring in the odd numbered years. Elections of the members shall be held in June of each year with the term beginning in July. Section 4.03 — Removal A BOD member may be removed with cause at any time by the affirmative vote of majority of the members of the Corporation present at a noticed meeting of the BOD, the notice of which shall have specified the proposed removal. This section may be amended or repealed only by vote of a majority of all members of the Corporation at a meeting of the BOD. A pattern of five (5) or more absences may result in their removal from the BOD. A member for personal reasons may request a leave of absence subject to approval of the BOD. Section 4.04 — Vacancies Whenever the number of BOD members shall for any reason be less than the authorized number, the vacancy may be filled by a majority of the remaining members, though less than a quorum, or by sole remaining member. Section 4.05 — Quorum The quorum for the transaction of business at any properly noticed meeting of the BOD shall consist of a minimum of three (3) members of which two (2) must be Officers of the BOD.Section 4.06 — Special Meeting of the Board of Directors Special meeting of the BOD may be called by the President or Vice President and must be called by either of them on the written request of any three (3) members or a petition signed by 20% of the members of the Trauma Intervention Programs Bylaws 5 Corporation. Section 4.07 — Notice of -Meeting Notice of all meetings of the BOD, except as herein otherwise provided, shall be given by mailing or emailing the same at least five (5) days before the meeting to the usual business or residence address of the members but such notice may be waived by any member. Each such notice shall state the general business to be transacted, the day, time and place of such meeting and in the case of special meetings, and by whose request it was called. Regular meetings of the BOD may be held without notice at such time and place as shall be determined by the member. Any business may be transacted at any regularly called meeting of the BOD. Section 4.08 — Action by Board of Directors without a Meeting Any action required or permitted to be taken by the BOD may be taken without a meeting if all members shall individually or collectively consent in writing to the action, including email. The written consent or consents shall be filed with the minutes of the proceedings of the BOD, and the action taken shall have the same force and effect as a unanimous vote of the members. Section 4.09 — Compensation/Reimbursements The members and Officers of the Corporation shall serve as such without salary, but the BOD may authorize reimbursements for reasonable expenses incurred by the members or Officers in the performance of their duties. Section 4.10 — Contracts with Board of Directors No member or Officer of the Corporation shall be interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in any contract for furnishing services to it, unless (i) such contract shall be authorized by the entire BOD majority and voting at a meeting at which the presence of such member is not necessary to constitute a quorum and the vote of such member is not necessary for such authorization: and (ii) the facts and nature of such interest shall have been fully disclosed or shown to the members of the BOD present at the meeting at which such contract is so authorized. Section 4.11 — Board Member Responsibilities The responsibilities of the Board of Directors will include: (a) Serve as a "Roving Ambassador" for the Corporation, to promote the Corporation wherever opportunity arises. (b) Be willing to allow the Corporation to identify him or her as a Board member on corporate letterhead, web site and event programs. Trauma Intervention Programs Bylaws 6 (c) Provide moral support to the staff of the Corporation, in addition to leads, contacts or introductions that will be helpful in fundraising, volunteer recruitment, and/or program expansion. (d) Attend the annual Advisory Board meeting, annual fundraising events, volunteer continuing education meetings, and the other activities of the Corporation as designated by the BOD. (e) Participate as an active committee member in support of the annual Heroes on Scene fundraising event and attend the event. (f) Recruit other appropriate Board members. (g) Provide annual contributions to the Corporation through fundraising efforts or other means. (h) Support the Executive Director in securing grants, fundraising, and individual and corporate contributions. (i) Attend monthly BOD meetings and one special annual BOD meeting. Section 4.12 — Conflict of Interest Any member of the board who has a financial, personal, or official interest in. or conflict (or appearance of a conflict) with any matter pending before the Board, of such nature that it prevents or may prevent that member from acting on the matter in an impartial manner, will offer to the Board to voluntarily excuse him/herself and will vacate his seat and refrain.from discussion and voting on said item. ARTICLE 5: Advisory Board Section 5.01— Advisory Board The BOD and the Executive Director shall work together to recruit an Advisory Board. The purpose of this board will be to advise and support the BOD and Executive Director on issues which affect the Corporation. The Advisory Board will consist of members of the community who will enhance the mission and goals of the Corporation. The Advisory Board will not be required to meet more than once annually. There shall be no fixed term for members of the board. There shall be no minimum or maximum number of members. The Advisory Board members may serve on committees of the BOD, and be involved in many aspects of the Corporation. including event planning, legal issues, volunteer recruitment, publicity and fundraising. Section 5.02 —Advisory' Board Member Responsibilities The responsibilities of the Advisory Board will include to: (a) Serve as a "Roving Ambassador" for the Corporation, to promote the Corporation wherever opportunity arises. Trauma Intervention Programs Bylaws (b) Be willing to allow the Corporation to identify him or her as an Advisory Board member on corporate letterhead, web site and event programs. (c) Provide the staff of the Corporation with leads, contacts or introductions that will be helpful in fundraising and/or program expansion. (d) Attend annual Advisory Board meetings. (e) Support the annual Heroes on Scene event. (0 Assist in recruiting other appropriate Advisory Board members. ARTICLE 6: Officers Section 6.01 - Titles and Qualifications The Officers of the BOD shall consist of a President, Vice President, Secretary, Treasurer and such other Officers as the BOD may from time to time designate. Section 6.02 - Duties of Officers (a) President The President of the BOD shall preside at all meetings of the BOD of the Corporation and shall have such other powers and duties not consistent with the Bylaws as may be assigned from time to time by the BOD. (b) Vice President The Vice President of the BOD shall possess the powers and duties of the President of the BOD in such case as he or she is absent or disabled. (c) Secretary The Secretary shall have the general powers and duties usually vested in the office of Secretary of a Corporation and shall have such powers and duties not consistent with these Bylaws as may be assigned him or her from time to time by the BOD or the President including the powers and duties to be (i) be custodian of all records, documents and the seal of the Corporation which are to be kept in the principal executive office of the Corporation; (ii) affix the Corporate Seal to any instrument requiring it and to attest the same by his or her signature when authorized by the BOD or when such instrument shall first have been signed by the President or the Vice President or other duly authorized officer or agent; (iii) keep the minutes of the BOD meetings and other committee meetings, as applicable, of the Corporation to be recorded in one or more books provided for that purpose, with the time and place of the holding of such meetings, how they were called and Trauma Intervention Programs Bylaws 8 authorized, the notice given thereof, the names of those present and the proceedings thereof indicated in the record; (iv) provided that proper notices are given in accordance with the provisions of these Bylaws. (d) Treasurer The Treasurer shall be responsible for all funds and securities of the Corporation and shall have the general powers and duties usually vested in the office of Treasurer of a Corporation and shall have such powers and duties not consistent with these Bylaws as may be assigned to him or her from time to time by the BOD or the President, including the powers and duties to (i) care for, receive and give receipt monies due and payable to the Corporation; (ii) deposit all monies received in the name of the Corporation in such banks, trust companies or other depositories as from time to time may be designated by the Board of Directors; (iii) have charge of the disbursement of the monies of the Corporation in accordance with the directions of the BOD or the President; (iv) enter or cause to be entered regularly in the books to be kept by the Treasurer or under his or her direction for that purpose a complete and correct account of all monies received and disbursed by the Corporation; (v) render a statement of the financial accounts of the Corporation to the Board of Directors at such times as may be requested; (vi) exhibit the books of account of the Corporation and all securities, vouchers, papers on and documents of the Corporation in his or her custody to any member or designee of the Board of Directors upon request; (vii) submit a full financial report to the members of the Corporation at the annual membership meeting. Section 6.03 — Election of Officers Officers shall be elected by the BOD, at any time, and each Officer shall hold office until he or she resigns, is removed or is otherwise disqualified to serve, or until his or her successor shall be elected and qualified, whichever occurs first. Section 6.04 — Term of Office All Officers shall be elected in June of each year and serve a term of one year or until their successors are elected and qualified. Section 6.05 — Resignation Any Officer may resign from the office at any time by delivering a written resignation to the President, the Vice President or the Secretary. The acceptance of any such resignation, unless required by the terms thereof, shall not be necessary to make the same effective. Section 6.06- Removal Any Officer may be removed at any time, with cause, by majority vote of the entirety of the members at a duly held meeting of the BOD. Proper notice specifying the proposed removal shall be given prior to any Trauma Intervention Programs Bylaws 9 meeting of the BOD at which such removal shall be considered. Section 6.07 — Vacancies Any vacancy in an office may be filled for the unexpired portion of the term by majority vote of the BOD. Section 6.08 — Records There shall be maintained at the principal executive office of the Corporation all financial hooks and records of account. all minutes of the BOD meetings and other committee meetings of the Corporation, and list of members, and copies of all other material, corporate records, books. documents and contracts. All such books, records, minutes, lists, documents and contracts shall be made available for inspection at any reasonable time during the usual business hours by any members of the Corporation, or duly authorized representative thereof, for any lawful and proper purpose. Upon leaving office each Officer, or duly authorized representative thereof, of the Corporation shall turn over to his or her successor or to the President in good order, such corporate monies. books, records, minutes, lists, documents, contracts or other property of the Corporation as have been in the custody of such officer of and during his or her term in office. Section 6.09 — Committees The BOD from time to time may establish other committees or auxiliaries whose membership will consist of voting members and/or honorary or advisory members of the Corporation as designated by the BOD which shall have such duties and the members of which shall hold office for such periods as the BOD from time to time determine. The rules of procedures of such committee shall be determined from time to time by the BOD, and by respective committee members. All committees and committee members serve at the pleasure of the BOD. Section 6.10 — Executive Committee The Executive Committee shall consist of the Officers of the BOD and may elect to hold special meetings outside of the regular scheduled meetings in order to provide a decision for the Corporation in times of urgency. Officers will then inform the BOD of the meeting purpose and outcome at the next regular meeting of the BOD. ARTICLE 7: Records and Reports Section 7.01 — Maintenance and Inspection of Articles and Bylaws The Corporation shall keep at its principal executive office the original or a copy of the Articles and Bylaws as amended to date, which shall be open to inspection. Section 7.02 — Maintenance and Inspection of Other Corporate Records Trauma Intervention Programs Bylaws 10 The accounting books, records and minutes of proceedings of the BOD and other committees of the Corporation shall be kept at such place or places designated by the BOD or, in the absence of such designation, at the principal executive office of the Corporation. The minutes shall be kept in written or typed form, and the accounting books and records shall be kept either in written or typed form or in any other form capable of being converted into written, typed or printed form. Section 7.03 — Inspection by Board of Directors Every member of the BOD shall have the absolute right at any reasonable time to inspect all books. records and documents of every kind and the physical properties of the Corporation and each of its subsidiary Corporations. This inspection by a member may be made in person or by an agent or attorney, and the right of inspection includes the right to copy and make extracts of documents. Section 7.04 — Annual Report The President of the Corporation or his/her designee will cause to be sent each year to the Board of Directors an annual report of the Corporation's activities. This report will encompass all information required by California Corporations Code 6321 (*) as amended to date. Section 7.05 — Annual Audit The Corporation shall hire an independent auditor to perform an annual audit of the finances of the Corporation and provide a written report to the BOD. ARTICLE 8: Deposits, Checks, Loan Contracts Section 8.01 — Deposit of Funds All funds of the Corporation not otherwise employed shall be deposited in such hanks, trust companies or other reliable depositories as the BOD from time to time may determine. Section 8.02 — Checks, Etc. All checks, drafts, endorsements, notes and evidences of indebtedness of the Corporation shall be signed by such Officers or agents of the Corporation and in such manner as the BOD from time to time may determine. Endorsements for deposits to the credit of the Corporation shall be made in such manner as the BOD from time to time may determine. Section 8.03 — Loans No loans or advances shall be contracted on behalf of the Corporation, and no note or other evidence of indebtedness shall be issued in its name, unless and except as authorized by a vote of the BOD. Any such Trauma Intervention Programs Bylaws 11 authorization shall relate to specific transactions, and may include authorization to pledge, and security for loans or advances so authorized, any and all securities and other personal property at any time held by the Corporation. Section 7.04 — Contracts The President, or any other Officer or agent specially authorized by the BOD, may in the name of and on behalf of the Corporation, enter into those contracts or execute and deliver those instruments that are specifically authorized by the BOD. Without the express and specific authorization of the BOD, no officer or other agent of the Corporation may enter into any contract or execution and deliver any instrument in the name of and on behalf of the Corporation. ARTICLE 9: Dedication of Assets Section 9.01 Dedication of -Assets The properties and assets of this nonprofit Corporation are irrevocably dedicated to the fulfillment of the objectives and purposes of this Corporation as set forth in Article 2, Section 2.01 hereof. No part of the net earnings, properties or assets of this Corporation, on dissolution or otherwise, shall inure to the exclusive benefit of any private person or individual, or any member of this Corporation except in fulfillment of said objectives and purposes. On liquidation or dissolution, all properties and assets and obligations shall be distributed pursuant to the nonprofit provisions of the California Corporation Code then in effect. ARTICLE 10: Indemnification of Members and Officers Section 10.01 — Indemnification Any person (and heirs, executors and administrators of such person) made or threatened to be made a party to any action, suit or proceeding by reason of the fact that he or she is or was a member or Officer of the Corporation shall be indemnified by the Corporation against any and all liability and the reasonable expenses, including attorneys' fees and disbursements incurred by him or her (or by his or her heirs, executors or administrators) in connection with the defense or settlement of such action, suit or proceedings, or in connection with any appearance therein, except in relation to matters as to which it shall be adjudged in such action, suit or proceeding that such member or Officer is liable for negligence or misconduct in the performance of his or her duties. Such right of indemnification shall not be deemed exclusive of any other rights to which such Director or officer (or such heirs, executors or administrators) may be entitled apart from this Article. Section 10.02 — Insurance or Other Indemnification The BOD shall have the power to (i) purchase and maintain, at the Corporation's expense. insurance on the behalf of the Corporation and on behalf of others to the extent that power to do so have been or may be granted by statute. and (ii) give other indemnification to the extent permitted by law. Trauma Intervention Programs Bylaws ARTICLE 11: Amendment of Bylaws Section 11.01 -- Amendment of Bylaws 12 Except as otherwise provided herein, and subject to the power of the 'BOD to amend or repeal the Bylaws, these Bylaws may be altered, amended or repealed and new Bylaws may he adopted by an atfirmative vote of a majority of the member of the BOD present at any regular or special meeting, a quorum being assembled. provided that written notice of such meeting, setting forth in detail the proposed Bylaw revisions with explanations therefore, be given not less than five (5) days prior to such meeting. ARTICLE 12: Miscellaneous Section 12.01 Fiscal Year The fiscal year of the Corporation shall begin on July 1 of each year and shall end on June 30. Section 12.02 Construction Whenever the context so requires, the masculine shall include the feminine and neuter, and the singular shall include the plural, and conversely. If any of the portion of these Bylaws shall be invalid or inoperative, then so far as is reasonable and possible: (a) Me remainder of these Bylaws shall be considered valid and operative, and (b) Effect shall be given to the intent manifested by the portion held invalid or inoperative. Section 12.03 -- Program Modifications Any and all program modifications shall require the approval, by means of an affirmative vote, oftwo-thirds (2/3) of the members present at any regular or special meeting of the BOD, a quorum being assembled. These Bylaws of the Corporation are hereby adopted with amendments made to date, on this date. Chris Saunders, President Date Witness UPDATED 5.14.07 Date 5//q/0 7 Trauma Intervention Programs Bylaws 13 (*)California Corporations Code Section 6321 6321. (a) Except as provided in subdivision (c), (d), or (J), the board shall cause an annual report to be sent to the members not later than 120 days after the close of the corporation's fiscal year. Unless otherwise provided by the articles or bylaws and if approved by the board of directors, that report and anv accompanying material sent pursuant to this section may be sent by electronic transmission by the corporation (Section 20). That report shall contain in appropriate detail the following: (1) The assets and liabilities, including the trust funds, ofthe Corporation as of the end ofthe fiscal year. (2) The principal changes in assets and liabilities, including trust ftunds, during the fiscal year. (3) The revenue or receipts of the Corporation, both unrestricted and restricted to particular purposes, for the fiscal year. (4) The expenses or disbursements of the Corporation, for both general and restricted purposes, during the fiscal year. (5) Any information required by Section 6322. (b) The report required by subdivision (a) shall be accompanied by anv report thereon of independent accountants, or, if there is no such report, the certificate of an authorized Officer of the corporation that such statements were prepared without audit from the books and records ofthe Corporation. (c) Subdivision (a) does not apply to any Corporation which receives less than twenty-five thousand dollars ($25, 000) in gross revenues or receipts during the fiscal year. (d) Where a Corporation has provided, pursuant to Section 5510, for regular meetings of members less often than annually, then the report required by subdivision (a) need be made to members only with the frequency with which regular membership meetings are required, unless the articles or bylaws require a report more often. (e) Subdivisions (c) and (d) notwithstanding, a report with the information required by subdivision (a) shall be furnished annually to: (1) All directors ofthe Corporation; and (2) Any member who requests it in writing. (J) A Corporation which in writing solicits contributions from 500 or more persons need not send the report otherwise required by subdivision (a) if it does all of the following: (i) Includes with any written material used to solicit contributions a written statement that its latest annual report will be mailed upon request and that such request may be sent to the Corporation al a name and address which is set forth in the statement. The term "annual report" as used in this subdivision refers to the report required by subdivision (a). (li) Promptly mails a copy of its latest annual report to any person who requests a copy thereof; and (iii) Causes its annual report to be published not later than 120 days after the close of its fiscal year in a newspaper ofgeneral circulation in the county in which its principal executive office is located. EXHIBIT D TECHNICAL ASSISTANCE MATERIALS The Sub -recipient attended the Community Development Block Grant (CDBG) Technical Assistance Non -Profit Workshop held before the start of this fiscal year and received the following items: 1. Playing by the Rules, A Handbook for CDBG Sub -recipients on Administrative Systems 2. OMB Circular No. A-122: Cost Principals for Non -Profit Organizations 3. Quarterly/Annual Performance Reporting Form (updated format) 4. A Comprehensive Compliance and Performance Monitoring Checklist 5. Expenditure Reimbursement Claim Form (updated format) 6. Qualifying Beneficiary Intake Data Form (updated format) 7. Sample Sub -recipient Agreement and Exhibits (Scope of Services Budget, Board of Directors and By-laws, Affirmative Action Policy and Insurance Requirements) 8. Orientation on meeting CDBG National Objectives The workshop and reference documents will assist the Sub -recipient to understand U.S Department of Housing and Urban Development and City of National City rules, regulations, and reporting requirements. The Grantee also reviewed CDBG regulations under Title 24 and the CDBG webpage on the HUD website: http://www. hud.gov/offices/cpd/communitydevelopment/programs/entitlement EXHIBIT E AFFIRMATIVE ACTION POLICY 1. Provision of Program Services a. Subrecipient shall not, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG funds. b. Subrecipient shall not under any program or activity funded in whole or in part with CDBG funds, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap: 1) Deny any facilities, services, financial aid or other benefits provided under the program or activity; or 2) Provide any facilities, services, financial aid, or other benefits which are different or are provided in a different form from that provided to others under the program or activity; or 3) Subject to segregated or separate treatment in any facility in, or in any matter of process related to receipt of any service or benefit under the program or activity; or 4) Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity; or 5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services, or other benefits provided under the program or activity; or 6) Deny any opportunity to participate in a program or activity as an employee. c. Subrecipient may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race, religion, color, national origin, sex, sexual preference, or handicap, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular race, religion, color, national origin, sex, sexual preference or handicap. d. Subrecipient, in determining the site or location of housing or facilities provided in whole or in part with CDBG funds, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination on the grounds of race, color, national origin, or sex, or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto: e. In administering a program or activity funded in whole or in part with CDBG funds regarding which the Subrecipient has previously discriminated against persons on the grounds of race, religion, color, national origin, sex, sexual preference or handicap, the Subrecipient must take affirmative action to overcome the effects of prior discrimination. f. Even in the absence of such prior discrimination, a Subrecipient in administering a program or activity funded in whole or in part with CDBG funds should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin, or sex. Where previous discriminatory practice or usage tends, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, to exclude individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program or activity to which CDBG funding applies, the Subrecipient has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964. g• A Subrecipient shall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. h. Notwithstanding anything to the contrary in Sections J. 1. (a. through h.), nothing contained herein shall be construed to prohibit any Subrecipient from maintaining or constructing separate living facilities or rest -room facilities for the different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed only by a member of the same sex as the recipients of the services. 2. Employment Discrimination a. Subrecipient shall not discriminate against any employee or application for employment because of race, color, religion, sex, national origin, age, or handicap. Subrecipient shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, age, or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rate -of -pay or other forms of compensation and selection for training including apprenticeship. Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. b. Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or handicap. c. Subrecipient shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the CDC's contracting officers, advising the labor union or workers' representative of Subrecipient'S commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notices in conspicuous places available to employees and applicants for employment. d. Subrecipient shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.. e. Subrecipient shall furnish to the CDC all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the related rules, regulations, and orders. f. In the event of Subrecipient'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and Subrecipient may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. Subrecipient shall include the provisions of Section II. J. 2. (a. through f.), "Affirmative Action Policy," paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. Subrecipient shall take such action with respect to any subcontract or purchase order as the CDC may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CDC, Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. h. Subrecipient shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). Subrecipient shall also provide ready access to and use of all CDBG fund -assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et 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. OP ID: SW ACORI CERTIFICATE OF LIABILITY INSURANCE DATE (MM(DD/YYYY) 08111/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER G. S. Levine Insurance Services, Inc. 10505 Sorrento Valley Rd. #200 San Diego, CA 92121 Select Accounts INSURED 858-481-8692 858-481-7953 Trauma Intervention Programs of San Diego County, Inc. 2560 Orion Way Carlsbad, CA 92008 CONTACT NAME: PHONE FAX (A/C, No, Ext): _... I LAIC, No): E-MAIL ADDRESS: PRODUCER TRAUMO2 CUSTOMER ID M'_.._ INSURER(S) AFFORDING COVERAGE INSURER A Philadelphia Insurance Co INSURER R : INSURER C INSURER D : INSURER E INSURER F NAIC it COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT INDICATED. NOTWITHSTANDING CERTIFICATE MAY BE ISSUED EXCLUSIONS AND CONDITIONS THE POLICIES ANY REQUIREMENT, OR MAY OF SUCH OF INSURANCE PERTAIN, POLICIES. AODL INSR SUER WVD LISTED BELOW HAVE BEEN ISSUED TO TERM OR CONDITION OF ANY CONTRACT THE INSURANCE AFFORDED BY THE POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY I POLICY EFF POLICY NUMBER ', (MM/DO/YVYY( THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, PAID CLAIMS. INSRI LTR TYPE OF INSURANCE POLICY EXP (MM/DO/YYYYI LIMITS A GENERAL X GEN'L 1 LIABILITY I COMMERCIAL GENERAL IIABII ITY I X CLAIMS -MADE I OCCUR I X PHPK649530 1 12/15110 12/15/11 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 $ 100,000 MED EXP (Any one person) S 5,000 PERSONAL B ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 3,000,000 AGGREGATE LIMIT APPLIES PER: POLICY i JECT PRO- LOC PRODUCTS - COMP/OP AGG S S 3,000,000 AUTOMOBILE A —... _ X X� LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X PHPK649530 • 12/15/10 12/15/11 COMBINED SINGLE LIMIT (Ea sodden)) S 1,000, 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) 5 PROPERTY DAMAGE (Per accident) $ 5 S UMBRELLA LIAR EXCESS LIAB I DEDUCTIBLE RETENTION $ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE S 5 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Yl N ANY PROPRIETOR/PARTNER/EXECUTIVE .i OFFICER/MEMBER EXCLUDED? I (Mandatory in NH) If yes. describe under DESCRIPTION OF OPERATIONS helow N/A I WC STATU- 1 iOTH- _ _j TORY LIMITS iER E.L. EACI I ACCIDENT $ -_--- EL. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: All Operations The City of National City, its elected officials, officers, agents and employees are named Additional Insured per the attached endorsement. *10 Days Notice of Cancellation Applies for Nonpayment of Premium. ANCELLATION City of National City City Attorneys Office 1243 National City Blvd. National City, CA 91950 CITYNA5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE P,___Q, ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PI-NP-003 (9/03) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT It is understood ,and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposures are provided under this policy. If such specific coverage applies, the terns, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy. Throughout this endorsement the words you and "your refer to the Named Insured shown in the Declarations, The words "are", "us" and "ou' refer to the Company providing this insurance. This endorsen,cnt modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE The following is e summary of the Limits of Insurance and additional coverage provided by this endorsement. Per complete details on specific coverages, consult the policy contract wording. A_ Madica1 Payments, Limit increased to $ t5, 000: B. Suppfetrrer}airy Payments - f3ad bonds increased to x22.50(VLoss of earnings increased to $500 each dabt' C. Tenant's Legal Liabrtity - far Fire, Lightning, Explosion, Smoke and Leaks from Sprinklers - Lunit increased to $300,0O0; C1 Broadened Definition of Who is An insured E. Amended f.utios !n Tho Event Of Occurrence, Claim Or Suit F. Broadened definition of Advertising Injury - includes Televised Or Videotaped Publication, G. Amended definition of Bodily it jury to include Mental Anguish, It Broadened definiiion of Personal fnjttry - includes Abuse of Prot:ass,discrimination, - 1. . Amended Unintert forest Failure To Disclose Hazards: J. Ainendcd Liberalization Clause K. Added Employee Indemnification Defense Coverage — 1Ye will pay up to $25.000 in defense costs for an "employee" in a criminal proceeding (subiert to established criteria) L. "Property Oemage" - Removed exclusion for "Property damage" rest..ftinya from the use ca reavarta,bie force to protect persons or property, Pn Added blanket Additional insured - Funding Source; N. Added blanket Additional Insured-• Managers or Lessors of Premises, O. Non -owned Watercraft - coverage length is increased to 5f3 ft., Page 1 of 5 Includes copyright r iateriat of the Insurance Services Office, Inc, used with its permission. PI-,NP-003 (9103) A. Medical Payments If Medical Payment€ Coverage (Coverage C.) is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all the terms of Limits Of insurance (Sectiuri III) tothegreater of a. $15,000: or b. The Medical Expense Limit shown in the Dec:krotuns of this Coverage Part. 2_ Trte requirement in the Insuring Agreement of Coverage C., that expenses must be incurred and reported to us within "one year of the accident date is changed to " three years." 3. Fxrlusion a. of Ccverape ct. at juur option, does not apply to your volunteer workers or any person vr organization under your direct supervision and control. B. Supplernentary Payments In the Supplementary Payments - Coverages A. and B. provision° 1. The iimi banpAafrc. e-'ras ann aria 2. The limit for Iola of earnings is changed from S250 a day to $500 a day. C. Fire, Lightning, Explosion, Smoke and Leaks from Sprinklers If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part the word " fire'• s changed to 'fire, lightning, explosion, smoke, or leakage from automatic fire protective ^oysterris' whet it appeals in: 1 The Limits Of Insurance section of the Declarations as the Fite Damage Limit. That limit: a. Is changed subject to all the terms of Limit OD Insurance (Section III) to the greater cf. (1.) $(10,000; or (2.) -the amount shown -in -the declarations -as -the Fire Damage Limit. b. Subject to a. above is the most we will pay to ill damage proximately caused by the same event, whether such damage results from fire, liyhtnirkt, explosion, smoke. or leaks from automatic fire protective systems or any combination thereof. 2. The last paragraph of Coverage A. (Section I) after the Exclusions, 3. Paragraph t=. of Limits of Insurance (Section III) .1. Paragraph b-(1)(b) of the Cher Insurance Condition. (Section IV)„ and 5. Paragraph a. of the definition of (insured contract' D. Who is An Insured Who is -An -Insured (Section-iij is chanpedas-#ollows;__. 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part. paragraph 4.a is changed to read: a. Coverage under this provision is afforded until the end of the policy period. 2- E-rh of the foliowiIi l is also an insured: a. At the first Named Insured's option, your volunteer workers, and b. Your medical directors and administrators, but only while acting within the scope of and during the r.ourse of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of ariy physician or psychiatrist in the treatment of a patient. c. At the first Named Insureds option, any person or organization under your direct supervision and control vuhi{a providing fur you privates-# i ta-r *spit are for the - developmentally disabled. However. the insurance afforded by b. above is excess over any other insurance covering any person or rat-ner 7ation under your direct control cr supervision. d. If you ate an organization other than a. partnership or joint venture, your managers and attnervisors are alai.) inch rds. but only with respect to then duties as your manager$ and aupervistors. e. Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part However, the insurance afforded by e. above, for any organization and subsidiary thereof not named in the Declarations a. a Named insured. dons not apply to injury or darnaga With reaped towh+ch1ti--iasared-andet-thisCoverage Part is also-an-irrsana)cl-tu ,aoliCY-ora'orrld se ah insured under such policy kart tor its termination or the exhaustion of its limits of insurance. Page 2 of 5 Includes copyright materiel or the Insurance Services Office, Intl: used With its perrnissia�. Pt-NP-003 i9'03) E Duties In The Event Of Occurrence, Claim Or Suit 1. Tne requirement in condition 2.a. (Conditions, Section IV) that you must see to it that we are notified as saran -as -practicable -of -an `eccuttence° or an offense, appliesonlywhenthe.. `occurrence` or offense is known to (u) You, if you are an individual: (h) A partner if you area partnership, or (o) An executive officer or insurance manager. if you are a corporation, 2_. The requirement in condition 2,hthat you must see to it that we receive notice or a claim or "suit" as soon as practicable will not be considered breached unless the breach occurs after such claim or 'suit" is known to (a) You, it you are an individual; (h) A partnerif you are a partnership or ^.) An executive offi' - ' 3ger, it you- se a Cu,rfrnr- rion, F. Advertising Injury - Televised Or Videotaped Publication 1. The de`inition of'Personal and advertising injury' items 14. (d),(e),() and (g) is changed to read: "Personal and .Advertising injury" means injury arising out of one or more. of the following Offenses: d. Oral, written, televised or videotaped publication of material that slanders or libels a person ar organization or disparages a person's or or anizatioh sgoods, products or services; e. Oral, written, televr rr videotaped publication of material that violates a person's right of privacy:. T. Misappropriation -of advertising -ideas -or style of doing business; or g, Infringement of copyright, title: or slogan. 2. Exclusions a.(2) and a.(3) of Coverage f3., Personal And Advertising Injury Liability, are chahyed to read: a. (2) ,Arising out of oral. written, televised or videotaped publication of material, it done by or at the directionof the insured with knowledge of its falsity, a. (3) Arising nut of oral, written, televised or videotaped publication of material whose first publication took place before the beginning of the policy period. G. Bodily Injury- Mental. Anguish The definition of"bodily injury is changed to read "Bodily Injury". a. Means bodily injury. sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and tb. Except for mental anguish, includes death resulting from the foregoing (item a. above) at any time. H. Personal Injury- Abuse Of Processitiiscrimination If Personal and Advertising Injury Liability Coverage :Coverage B,) is not otherwise excluded from this Coverage Part: 1. The definition of 'Personal and advertising injury" is changed by. a. F'revistn #-item h. of that-derer'rition to -read: Malicious prosecution or abuse of process: b. Adding the following_ "Personal Injury" also means discrimination based on race, color, religion, sex, age or national origin. except when: (1) Done intentionally by or at the direction of, or with the knowledge or consent of: (a) Any insured; or (b) Any executive officer, director, stockholder, partner or member of the insured: or (2) Directly or Indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an i+'.Dured'. Or Page 3of5 Includes copyright materiel of the Insurance :services O fice, Inc. used with its pNrnraission, PI-NP-003 (9/03) (3) Directly or indirectly related to the sale. rental, lease or sublease or prospective sales, rental. lease or sub -lease :of any raorn. dwelling or premises by or at the, direction of any insured, or (4) Insurance tor such discrimination is prohibited by ct held in violation of law, public policy. legislation, court decision or administrative ruling. The insurance afforded by H.1.b. above cloes not apply to fines or periatties imposed because of discrimination. 1, Unintentional Failure To Disclose Hazards It is ayJreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally tail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Hart because of such failure. J. LaberaIia�tion It we revise this endorsement to provide coca; coverage without additional prwrniurn charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. K. Employee Indemnification Defense Coverage Under SUPPLEMENTARY PAYMENTS— COVERAGES A AND B the following is armed. 3. We will pay on your behalf defense costs incurred by an "employee" in a criminal proceeding_ However, you must have e prior written agreement with such "employee' whereby you agree to indemnify the "employee" for such defense costs and the agreement includes a provision for repayment of defense costs in the event of an adverse judgement. The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the number of employees., claims or "suits" brought or persons or organizations making claims or Longing "suits." L. Extended "Property Damage" SECTION I — COVERAGES, COVERAGE A, 2. Exclusions a. is deleted and replaced by the following, a_ Expected or Intended Injury "Bodily Injury" or "Property Damage'expected or intended from the standpoint of the inured. This exclusion does not apply to "bodily injury" or -"property damage' resulting front the use of reasonable force to protect persons or prr;rerty. M. Additional Insured- Funding Source Under SECTION II - WHO IS AN INSURED the following ir, addded: 5. Any person or organization with respect to their liability arising out of: a. Their financial control of you; or tr. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person ar organization. N. Additional Insured- Managers or Lessors of Premises Under SECTION 11-WHO 15 AN INSURED the following is added. 6. Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased to you subject to the following additional exclusions, This insurance does not apply to. a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. 0-.—No - email -Watercraft SECTION 1-- COVERAGES, 2Exclusians, paragraph g. 12) is amended to read as follows: (2) A watercraft you do not own that is Page 4 of 5 includes copyright materiel of the insurance Services Office, Inc. used With its permission. PI-NP-0O3 (9103) la) Less than 58 feet Tong; and (b) Not baing used to carry persons ar property fora charge; This provision applies to any person, who with 'your consent. either uses or is responsible for the use of a watercraft. This Insurance is excess over any other valid and collec;rblc insurance available to the insured whether prinhary excess or contingent, Page 5 of 5 Includes copyright material of the Insurance Services Office, Inc, used with its percsission- CERTHOLDER COPY STATE COMPENSATION INSURANCE FUND ISSUE DATE: 10-03-2011 P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 SD GROUP: POLICY NUMBER: 1429032-2011 CERTIFICATE ID: 8 CERTIFICATE EXPIRES:08-01-2012 08-01-2011/08-01-2012 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE lJ 7 DATED 09-27-2011 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. VVe will also aye you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative 4 President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-01-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2011-10-03 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NATIONAL CITY EMPLOYER TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO SD CNTY, INC. (A NON-PROFIT CORP) 2560 ORION WAY CARLSBAD CA 92010 [SMA,CN] SD PRINTED : 10-03-2011 (REV./3- 2010) POLICYHOLDER COPY STATE COMPENSATION INSURANCE FUND ISSUE DATE: 10-03-2011 P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 SD GROUP: POLICY NUMBER: 1429032-2011 CERTIFICATE ID: 8 CERTIFICATE EXPIRES: 08-01-2012 08-01-2011/08-01-2012 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 7 DATED 09-27-2011 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative L President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-01-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2011-10-03 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NATIONAL CITY EMPLOYER TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO SD CNTY, INC. (A NON-PROFIT CORP) 2560 ORION WAY CARLSBAD CA 92010 ISMA,CN] SD PRINTED : 10-03-2011 (REV.8-20101 WAIVER OF SUBROGATION NOTICE Enclosed is your copy of a certificate of insurance on which the certificate holder required a waiver of subrogation: 1. Please be advised that a waiver of subrogation requires that a 3% surcharge will be applied by State Fund ONLY to the premium assessed on the payroll of your employees earned while engaged in work for that certificate holder who requested the waiver. (Note: if you have no employee payroll on that job, then there is no charge.) 2. To apply the 3% surcharge, you must also agree to maintain accurately segregated payroll records for employees engaged in work on job's for the certificate holder who has the waiver. The payroll records are subject to verification by an auditor. Example: Payroll for job: Sample Rate: Regular Premium equals: Surcharge: $5,000.00 13.300 $ 665.00 3.00% Additional Waiver charge: $ 19.95 Total premium equals $ 684.95 (665.00 + 19.95) RESOLUTION 2011 — 98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE REALLOCATION OF $476,988 IN UNEXPENDED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ENTITLEMENT FUNDS, $38,325 IN CDBG PROGRAM INCOME, AND $75,167 IN HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM INCOME, AND AUTHORIZING THE SUBMISSION OF THE 2011/2012 ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, as an entitlement community, the City of National City ("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, in accordance with the federal regulations at 24 CFR, Part 91, the City is required to prepare and submit an Annual Action Plan for its Housing and Community Development Programs in accordance with the needs and priorities established in the Five -Year Consolidated Plan approved by the City Council on May 4, 2010; 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 Annual Action Plan, which includes a reallocation of entitlement funds awarded in previous years, and program income receipted by the City from January 1 to December 31, 2010; and WHEREAS, the City Council conducted a duly advertised public hearing on March 15, 2011, and May 4, 2011, to receive input from the public; and WHEREAS, the City placed the draft Annual Action Plan, which includes a list of proposed activities for the CDBG and HOME Programs and the intent to reallocate funds for a duly advertised 30-day public comment period, on the City's website and in the Office of the City Clerk from March 28 to April 27, 2011; and WHEREAS, the City will incorporate any comment received during the 30-day public comment period in the final submission of said Plan by May 15, 2011; and WHEREAS, on April 25, 2011, HUD released estimated entitlement appropriations for the City of $986,238 for CDBG and $560,971 for HOME Program activities that have been used to determine the Annual Action Plan activities to consider for funding, hereto attached as Exhibit "A", and eliminate activities from those activities recommended for funding on March 15, 2011, by using the ranking method as recommended by the City Council on March 1, 2011, and implemented at the first Public Hearing on March 15, 2011; and WHEREAS, staff has identified and verified the availability of $476,988 in unexpended CDBG funds that can be reallocated from previous year projects that have been completed or canceled; and WHEREAS, staff has identified all current CDBG activities that have been funded by previous resolutions of the City Council, attached hereto as Exhibit "B"; and Resolution No. 2011 — 98 May 3, 2011 Page 2 WHEREAS, any previously approved CDBG activity by resolution of the City Council not listed in Exhibit "B" is made void and obsolete as of the date of this Resolution; and WHEREAS, staff recommends the reallocation of unexpended CDBG funds in the amount of $476,988 to supplement the funding of activities listed in Exhibit "A"; and WHEREAS, the Finance Department has identified program income received for the CDBG and HOME Programs from January 1, 2010 to December 31, 2010, and staff recommends the reallocation of CDBG Program income in the amount of $38,325 and HOME Program income in the amount of $75,167 to supplement the funding of activities listed in the FY 2011-2012 Annual Action Plan as listed in Exhibit "A"; and WHEREAS, staff recommends the allocation of $7,665 from the identified $38,325 of CDBG Program income toward CDBG Program Administration in Fiscal Year 2010-2011 as listed in Exhibit "A"; and WHEREAS, staff will make necessary adjustments to the CDBG and HOME activity allocations listed in the Annual Action Plan by following the ranking method as has been directed by the City Council when the final appropriations are released by HUD, making the final allocations official by attaching the final list of Annual Action Plan activities to this Resolution as Exhibit "C", and by promptly notifying all applicants of Program Year 2011-2012 funds; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the reallocation of $476,988 in CBDG previous year entitlement funds, $38,325 in CDBG Program income of which $7,665 of the $38,325 is allocated towards CDBG Program Administration, and $75,167 in HOME Program income to supplement funding of activities included in the FY 2011-2012 Annual Action Plan and FY 2011-2012 CDBG Program Administration. BE IT FURTHER RESOLVED that the City Council authorizes the submission of the FY 2011-2012 Annual Action Plan for the expenditure of said funds to the U.S. Department of Housing and Urban Development. BE IT FURTHER RESOLVED that any previously approved CDBG activity by resolution of the City Council not listed in Exhibit "B" is made void and obsolete as of the date of this Resolution. PASSED and ADOPTED this 3rd day of May, 2 on Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk PROVED A TO FORM: ��:�. G. Sil :j ity Attorney Exhibit "A" FY2011-2012 Annual Action Plan CDBG and HOME Program Activities (based on HUD Entitlement Estimates released on 4/25/2011 and subject to change) Rank Applicant Name Program Name Estimated Allocation CDBG Public Services Total (with a HUD ESTIMATED 2011 Entitlement (15%) allocation of $147,935.70 and $5748.00 in Program income) $ 153,683.70 1 City of National City Public Library National City Public Library Literacy Services $ 52,000.00 2 City of National City Community Services Department Tiny Tots $ 29,337.00 3 South Bay Community Services National City Police Department Support Services: Juvenile Diversion $ 20,000.00 4 Trauma Intervention Programs of San Diego County, Inc. Trauma Intervention Program $ 8,000.00 5 City of National City Community Services Department Learn to Swim $ 32,856.00 6 City of National City Community Services Department At Risk Youth Afterschool Teen Program "Supreme Teens" $ 11,490.70 CDBG Non -Public Services Total (with a HUD ESTIMATED 2011 Entitlement (65%) allocation of $641,054.70, $24,912.00 in Program income, and $476,988 in reallocated funds from activities completed and closed) $ 1,142,954.70 1 City of National City- Community Development Department National City Housing Inspection Program $ 151,570.00 2 City of National City -Development Services Department Storm Drain Improvements $ 100,000.00 3 City of National City -Development Services Department Upgrade Substandard Pedestrian Ramps, Sidewalk, Curb, and Gutter Concrete Improvements $ 200,000.00 4 Environmental Health Coalition Making National City's "Healthy Homes" Energy Efficient Round II $ 80,027.00 5 Olivewood Gardens and Learning Center Signage for Olivewood Gardens $ 20,000.00 6 City of National City Neighborhood Services Department Neighborhood Preservation $ 30,000.00 7 City of National City -Development Services Department Pedestrian Safety and Accessibility Enhancements on E. 8th Street near Seventh-Day Adventists Church and Paradise Valley Hospital $ 100,000.00 8 City of National City -Development Services Department ADA Park Improvements $ 241,873.00 9 City of National City -Development Services Department Pedestrian Safety and Accessibility Enhancements for National City Public Library- National City Blvd. and E. 15th St. $ 120,000.00 10 City of National City -Development Services Department Pedestrian Safety and Accessibility Enhancements at Sweetwater High School - F Ave & E. 30th St $ 99,484.70 CDBG Planning/ Administration Total (with a HUD ESTIMATED 2011 Entitlement (20%) allocation of $197,247.60) $ 197,247.60 n/a City of National City- Community Services Department Neighborhood Councils Program 5 15,000.00 n/a City of National City - Community Development Department CDBG Program Administration $ 144,247.60 n/a Fair Housing Council of San Diego Fair Housing and Tenant -Landlord Education Services $ 38,000.00 HOME Program Total (with HUD ESTIMATED 2011 Entitlement allocation of $560,971.00 and $75,167 in HOME Program income) $ 636,138.00 n/a City of National City - Community Development Department Housing Development Fund $ 572,525.00 n/a City of National City - Community Development Department HOME Program Administration $ 63,613.00 CDBG Administration for FY2010-2011 to Finance Dep. from Calendar Year 2010 CDBG Program income $ 7,665.00 n/a City of National City -Community Development Department CDBG Program Administration $ 7,665.00 Exhibit "B" CITY OF NATIONAL CITY CDBG OPEN PROJECT FUNDING STATUS AS OF 3/31/2011 IDIS NO. ORIGINAL ALLOCATION DRAWN DOWN AS OF 3/31/11 AVAILABLE TO DRAW FY 2009 - 2010 ALLOCATION Christmas in July National City/ Minor Rehabilitation Program 621 109,118.00 27,022.88 82,095.12 City of National City Development Services/ Storm Drain Improvements 643 124,494.00 102,950.65 21,543.35 City of National City Development Services/ ADA Park Improvements 600 138,878.00 96,087.12 42,790.88 FY 2010 - 2011 ALLOCATION - Burn Institute/Fire and Burn Prevention 625 8,000.00 5,291.27 2,708.73 Community Youth Athletic Center/ Champs for Life 644 10,000.00 5,000.00 5,000.00 City of National City Community Services Department/ At Risk Youth - Supreme Teens 639 20,000.00 20,000.00 0.00 City of National City Community Services Department/ Learn to Swim 640 10,023.00 10,023.00 0.00 City of National City Community Services Department/Tiny Tots 641 29,337.00 29,337.00 0.00 City of National City Library/ Literacy Services 642 49,600.00 49,600.00 0.00 Meals on Wheels Greater San Diego, Inc./ Meals -on -Wheels 630 10,000.00 5,000.00 5,000.00 South Bay Community Services/ National City Police Department Support Services -Juvenile Diversion Program 631 20,000.00 12,966.00 7,034.00 Trauma Intervention Programs of San Diego County, Inc./ Crisis Intervention 632 8,000.00 - 8,000.00 City of National City/ Housing Inspection Program 629 94,000.00 62,105.19 31,894.81 Southwestern Community College District/ 635 35,000.00 - 35,000.00 Environmental Health Coalition/ Making National City's Healthy Homes Energy Efficient 628 66,908.00 24,687.55 42,220.45 Christmas in July National City/ City Clean Up Program 645 30,000.00 8,613.44 21,386.56_ City of National City Development Services/ Soccer Field at El Toyon 646 238,925.00 222,935.46 15,989.54 City of National City/ El Toyon Park Garden 633 50,000.00 50.00 49,950.00 La Maestra Clinic/ Health Services Equipment (Dental Chairs) 624 25,000.00 - 25,000.00 NC Living History Farm Preserve, Inc./ Stein Farm Barn Preservation 647 25,000.00 - 25,000.00 Sweetwater Union High School -Joint Use Athletic Facility 648 200,000.00 - 200,000.00 City of National City Development Services/ ADA Park Improvements 649 75,000.00 - 75,000.00 City of National City Development Services/ Concrete Improvements 650 200,000.00 95,918.74 104,081.26 Boys & Girls Club of Inland North County/ Boys and Girls Club Site Feasibility Study 634 11,339.00 11,339.00 0.00 Neighborhood Councils 636 15,000.00 15,000.00 0.00 Fair Housing Council of San Diego/ Fair Housing and Tenant - Landlord Services 637 38,000.00 17,108.00 20,892.00 City of National City Community Development/ CDBG Administration 2010-2011 638 155,608.00 113,044.28 42,563.72 Totals $ 1,797,230.00 $ 934,079.58 $ 863,150.42 Exhibit "C" FY2011.2012 Annual Action Plan CDBG and HOME Program Activities HUD FY2011 CDBG ALLOCATION: $986,259.00 HUD FY2011 HOME ALLOCATION: $560,944.00 CDBG CALENDAR YEAR 2010 PROGRAM INCOME: $38,235.00 HOME CALENDAR YEAR 2010 PROGRAM INCOME: $75,167.00 CDBG PREVIOUS YEAR REALLOCATION: $476,988.00 HOME PREVIOUS YEAR REALLOCATION: $0.00 Rank (Applicant Name 'Program Name Actiuity Allocation CDBG Public Services Total (with a HUD 2011 Entitlement (15%) allocation of $147,938.85 and $5735.00 in Program income) $ 153,673.85 1 City of National City Public Library National City Public Library Literacy Services $ 52,000 00 2 City of National City Community Services Department Tiny Tots $ 29,337.00 3 South Bay Community Services National City Police Department Support Services: Juvenile Diversion $ 20,000.00 4 Trauma Intervention Programs of San Diego County, Inc. Trauma Intervention Program $ 8,000.00 5 City of National City Community Services Department Learn to Swim $ 32;856.00 6 City of National City Community Services Department At Risk Youth Afterschool Teen Program "Supreme Teens" $ 11,480.85 CDBG Non -Public Services Total (with a HUD 2011 Entitlement (65%) allocation of $641,068.35, $24,853.00 In Program income, and $476,988.00 in reallocated funds from activities completed and closed) $ 1,142,909.35 1 City of National City Community Development Department National City Housing Inspection Program $ 151,570.00 2 City of National City Development Services Department Storm Drain Improvements $ 100,000.00 s City of National City Development Services Department Upgrade Substandard Pedestrian Ramps, Sidewalk, Curb, and Gutter Concrete Improvements $ 200,000.00 4 Environmental Health Coalition Making National City's "Healthy Homes" Energy Efficient Round II $ 80,027,00 g Olivewood Gardens and Learning Center Signage for Olivewood Gardens $ 20,000.00 6 City of National City Neighborhood Services Department Neighborhood Preservation $ 30,000 00 City of National City Development Services Department Pedestrian Safety and Accessibility Enhancements on E. 8th Street near Seventh-Day Adventists Church and Paradise Valley Hospital $ 100,000.00 8 City of National City Development Services Department ADA Park Improvements $ 241 873.00 8 City of National City Development Services Department Pedestrian Safety and Accessibility Enhancements for National City Public Library- National City Blvd. and E. ,15th St. $ 120,000.00- 10 City of National City Development Services Department Pedestrian Safety and Accessibility Enhancements at Sweetwater High School - F Ave & E. 30th St $ 99,439.35 CDBG Planning/ Administration Total (with a HUD 2011 Entitlement (20% allocation of $197,251.80) $ 197,251.80 n/a City of National City Community Services Department Neighborhood Councils Program $ 15,000.00 n/a City of National City Community Development Department CDBG Program Administration $ 144251.80 nla Fair Housing Council of San Diego Fair Housing and Tenant -Landlord Education Services $ 38,000.00 CDBG Administration for FY2010-2011 to Finance Dep. from Calendar Year 2010 Program income $ 7,647.00 n/a City of National City Community Development Department CDBG Program Administration $ 7,647.00 HOME Program Total (with HUD 2011 Entitlement allocation of $560,944.00 and $75,167 in Program income) $ 636,111.00 nfa City of National City Community Development Department Housing Development Fund $ 572,500.00 nfa City of National City Community Development Department HOME Program Administration $ 63,611.00 Passed and adopted by the Council of the City of National City, California, on May 3, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, 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. 2011-98 of the City of National City, California, passed and adopted by the Council of said City on May 3, 2011. Jerk of the City By: Deputy City y of National City, California CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO. 16 EXPLANATION: The Annual Action Plan for FY 2011-2012 outlines how the City plans to expend $986,238 in federal Community Development Brock Grant funds (CDBG) and $560,971 in HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the funding sources noted above, the City will also reallocate $476,988 of CDBG funds that remain from previous year activities, $38,325 in CDBG Program income and in $75,167 in HOME Program Income. The reallocation of $476,988 in CDBG funds from previous years is based on the remaining unallocated cash balance of funds currently in the Integrated Disbursement and Information System (IDIS). IDIS is used by the City to track HUD funds. The amount of funds available in IDIS equals the unallocated cash balance in the City's CDBG fund 301. When projects are completed or cancelled, IDIS makes any remaining funds available for funding other activities. All current CDBG activities listed in Exhibit "A" of the Resolution have been fully funded and are open, current, and active. Any activity not listed on Exhibit "A" previously allocated CDBG funds, by exclusion, is made void by the Resolution. The CDBG and HOME Program income to be reallocated respectively is from the total of all income, both in principal and interest, receipted by the City from January 1, 2010 through December 31, 2010. The list of proposed CDBG activities under Exhibit "B" of the ' esolution is based on new estimates released by HUD on April 25, 2011. Activities in lower rank that were not covered by fie estimated amount of funds were eliminated as established under the "Decide and Rank" selection method by City Council at the first public hearing on March 15, 2011. As directed by the City Council at the first public hearing, staff will adjust activity allocations if there is a variance from the final entitlement appropriations yet to be released. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the reallocation of $476,988 in unexpended Community Development Block Grant (CDBG) entitlement funds, $38,325 in CDBG Program income, and $75,167 in Home Investment Partnerships (HOME) Program income, and authorizing the submission of the 2011-2012 Annual Action Plan to the United States Department of Housing and Urban Development ([IUD). (Community Development, Housing and Grants) PREPARED BY: Carlos J. Aguirre, (619) 336-4391M-- DEPARTME (jl,' o n ity�,p_ezrelopment APPROVED BY FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: C544 APPROVED: Finance MIS An estimated $986,238 in CDBG and $560,971 in HOME funds appropriated. The City will also reallocate $476,988 of CDBG funds from previous activities closed, $38,325 in CDBG program income and $75,167 in HOME Program income. ENVIRONMENTAL REVIEW: The development of the Annual Action Plan is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: Q, c_ `_G\V' e«> 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 November 28, 2011 Ms. Mandy Atkission Trauma Intervention Programs of San Diego County 2560 Orion Way Carlsbad, CA 92010 Dear Ms. Atkission, On July 1st, 2011, an Agreement was entered between the City of National City and Trauma Intervention Programs of San Diego County, Inc. We are enclosing for your records a fully executed original agreement. Michael R. Dalla, CMC City Clerk Enclosure cc: Housing & Grants Division