HomeMy WebLinkAbout2011 CON Environmental Health Coalition - CDBG 11-12 Sub-RecipientAGREEMENT BETWEEN
CITY OF NATIONAL CITY
AND
THE ENVIRONMENTAL HEALTH COALITION
FOR
MAKING NATIONAL CITY'S "HEALTHY HOMES" ENERGY EFFICIENT PART II
THIS AGREEMENT, entered this 1st day of July, 2011 by and between the City of National City
(herein called the "Grantee") and The Environmental Health Coalition (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,
Making National Citv's "Healthy Homes" Energy Efficient Part II in a manner
satisfactory to the Grantee and consistent with any standards required as a condition of
providing these funds. Such program will include activities eligible under the Community
Development Block Grant ("CDBG") program, as specified in Exhibit A, attached and
incorporated herein.
B. National Obiectives: All activities funded with CDGB funds must meet one of the CDBG
program's National Objectives: benefit low- and moderate -income persons; aid in the
prevention or elimination of slums or blight; or meet community development needs
having a particular urgency, as defined in 24 CFR 570.208.
The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet
the National Objective of benefiting low- and moderate -income persons.
C. Levels of Accomplishment - Goals and Performance Measures: The levels of
accomplishment may include such measures as units rehabilitated, persons or households
assisted, or meals served, and should include periods for performance. Refer to Exhibit A
for 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
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incorporated herein. Both the Grantee and the Subrecipient must approve any amendments to
the Budget in writing.
IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under
this Agreement shall not exceed Eighty Thousand Twenty Seven Dollars ($80.027.001.
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:
t8nt:,''1t
s .'
Contact Person:
Carlos Aguirre
Contact Person:
Diane Takvorian
Organization:
City of National City
Organization:
Environmental Health Coalition
Address: 1243 National City Boulevard
National City, CA 91950-4301
Address:
2727 Hoover Avenue, Suite 202, National
City, Ca 91950
Telephone:
(619) 336-4391
Telephone:
(619)474-0220 Ext. 112
Email:
caguirre@nationalcityca.gov
Email:
DianeT@environmentalhealth.org
VI. GENERAL CONDITIONS
A. General Compliance: The Subrecipient agrees to comply with the requirements of
Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban
Development regulations concerning Community Development Block Grants (CDBG))
including subpart K of these regulations, except that (1) the Subrecipient does not
assume the recipient's environmental responsibilities described in 24 CFR 570.604 and
(2) the Subrecipient does not assume the recipient's responsibility for initiating the
review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to
comply with all other applicable Federal, state and local laws, regulations, and policies
governing the funds provided under this contract. The Subrecipient further agrees to
utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available.
B. "Independent Contractor": Nothing contained in this Agreement is intended to, or
shall be construed in any manner, as creating or establishing the relationship of
employer/employee between the parties. The Subrecipient shall at all times remain an
"independent contractor" with respect to the services to be performed under this
Agreement. The Grantee shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Workers'
Compensation Insurance, as the Subrecipient is an independent contractor.
C. Hold Harmless: The Subrecipient shall hold harmless, defend and indemnify the
Grantee from any and all claims, actions, suits, charges and judgments whatsoever that
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arise out of the Subrecipient's performance or nonperformance of the services or subject
matter called for in this Agreement.
D. Workers' Compensation: The Subrecipient shall comply with all of the provisions of
the Workers' Compensation Insurance and Safety Acts of the State of California, the
applicable provisions of Division 4 and 5 of the California Government Code and all
amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the Grantee and its elected officials, officers, and
employees from and against all claims, demands, payments, suits, actions, proceedings
and judgments of every nature and description, including reasonable attorney's fees and
defense costs presented, brought or recovered against the Grantee or its elected
officials, officers, employees, or volunteers, for or on account of any liability under any
of said acts which may be incurred by reason of any work to be performed by the
Grantee under this Agreement.
Insurance & Bonding: The Subrecipient, at its sole cost and expense, shall purchase
and maintain, and shall require its subcontractors when applicable, to purchase and
maintain throughout the term of this agreement, the following insurance policies
attached as Exhibit F:
❑ 1. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
2. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of
$1,000,000 combined single limit per accident. Such automobile insurance shall include
owned, non -owned, and hired vehicles ("any auto").
3. Commercial general liability insurance, with minimum limits of
$1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and
property damage arising out of its operations under this Agreement.
4. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of Subrecipient's employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be
endorsed with a waiver of subrogation in favor of the Grantee. Said endorsement shall
be provided prior to commencement of work under this Agreement.
5. The aforesaid policies shall constitute primary insurance as to the
Grantee, its officers and employees, so that any other policies held by the Grantee shall
not contribute to any loss under said insurance. Said policies shall provide for thirty
(30) days prior written notice to the Grantee of cancellation or material change.
6. Said policies, except for the professional liability and workers'
compensation policies, shall name the Grantee and its elected officials, officers, agents
and employees as additional insureds, and separate additional insured endorsements
shall be provided.
7. If required insurance coverage is provided on a "claims made" rather
than "occurrence" form, the Subrecipient shall maintain such insurance coverage for
three years after expiration of the term (and any extensions) of this Agreement. In
addition, the "retro" date must be on or before the date of this Agreement.
8. Any aggregate insurance limits must apply solely to this Agreement.
9. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the National City Risk Manager. In the event
coverage is provided by non -admitted "surplus lines" carriers, they must be included on
the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and
otherwise meet rating requirements.
10. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the National City Risk Manager. If the Subrecipient does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the Grantee may elect to treat the failure to maintain the requisite
insurance as a breach of this Agreement and terminate the Agreement as provided
herein.
11. All deductibles and self -insured retentions in excess of $10,000 must
be disclosed to and approved by the Grantee.
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The Subrecipient shall carry sufficient insurance coverage to protect contract assets from
loss due to theft, fraud and/or undue physical damage, and as a minimum shall
purchase a blanket fidelity bond covering all employees in an amount equal to cash
advances from the Grantee. The Subrecipient shall comply with the bonding and
insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance.
F. Grantee Recognition: The Subrecipient shall insure recognition of the role of the
Grantee in providing services through this Agreement. All activities, facilities and items
utilized pursuant to this Agreement shall be prominently labeled as to funding source. In
addition, the Subrecipient will include a reference to the support provided herein in all
publications made possible with funds made available under this Agreement.
G. Amendments: The Grantee or Subrecipient may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement, and are
executed in writing, signed by a duly authorized representative of each organization, and
approved by the Grantee's governing body. Such amendments shall not invalidate this
Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under
this Agreement.
The Grantee may, in its discretion, amend this Agreement to conform with Federal, state
or local governmental guidelines, policies and available funding amounts, or for other
reasons. If such amendments result in a change in the funding, the scope of services, or
schedule of the activities to be undertaken as part of this Agreement, such modifications
will be incorporated only by written amendment signed by both Grantee and
Subrecipient.
H. Suspension or Termination: In accordance with 24 CFR 85.43, the Grantee may
suspend or terminate this Agreement if the Subrecipient materially fails to comply with
any terms of this Agreement, which include (but are not limited to) the following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein,
or such statutes, regulations, executive orders, and HUD guidelines, policies or
directives as may become applicable at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner
its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the Grantee reports that are incorrect or
incomplete in any material respect.
The Grantee shall have the right, in accordance with 24 C.F.R. 85.43, to terminate this
Agreement immediately or withhold payment of invoice for failure of the SUB -RECIPIENT
to comply with the terms and conditions of this Agreement. Should the Grantee decide
to terminate this Agreement, after a full evaluation of all circumstances has been
completed, the Subrecipient shall, upon written request, have the right to an appeal
process. A copy of the appeal process will be attached to any termination notice.
If the Grantee finds that the Subrecipient has violated the terms and conditions of this
Agreement, the Subrecipient may be required to:
1. Repay all monies received from the Grantee under this Agreement; and/or
2. Transfer possession of all materials and equipment purchased with grant money to
the Grantee.
In the case of early termination, a final payment may be made to the SUB -RECIPIENT
upon receipt of a Final Report and invoices covering eligible costs incurred prior to
termination. The total of all payments, including the final payment, shall not exceed the
amount specified in this Agreement.
I. Termination for Convenience: In accordance with 24 CFR 85.44, this Agreement
may also be terminated for convenience by either the Grantee or the Sub -recipient, in
whole or in part, by setting forth the reasons for such termination, the effective date,
and, in the case of partial termination, the portion to be terminated. However, if in the
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case of a partial termination, the Grantee determines that the remaining portion of the
award will not accomplish the purpose for which the award was made, the Grantee may
terminate the award in its entirety. Grantee and sub -recipient agree to provide written
notice to the other party thirty (30) days prior to the effective date of any termination,
in whole or part, for convenience.
VII. ADMINISTRATIVE REOUIREMENTS
A. Financial Management
1. Accounting Standards: The Subrecipient agrees to comply with 24 CFR 84.21-28
and agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation for
all costs incurred.
2. Cost Principles: The Subrecipient shall administer its program in conformance with
OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost
Principles for Educational Institutions," as applicable. These principles shall be
applied for all costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record KeeDing
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
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include, but are not limited to: making final payments, disposing of program assets
(including the return of all unused materials, equipment, unspent cash advances,
program income balances, and accounts receivable to the Grantee), and determining
the custodianship of records. Not withstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the Subrecipient has control
over CDBG funds, including program income.
6. Audits & Inspections: All Subrecipient records with respect to any matters
covered by this Agreement shall be made available to the Grantee, grantor agency,
and the Comptroller General of the United States or any of their authorized
representatives, at any time during normal business hours, as often as deemed
necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
Any deficiencies noted in audit reports must be fully cleared by the Subrecipient
within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to
comply with the above audit requirements will constitute a violation of this contract
and may result in the withholding of future payments. The Subrecipient hereby
agrees to have an annual agency audit conducted in accordance with current
Grantee policy concerning subrecipient audits and OMB Circular A-133.
7. Additional Documentation: Subrecipient agrees to provide a list of its Board of
Directors and Corporate By -Laws, Exhibit "C", and any additional documents, as
required in Exhibit "D," "E," and "F" attached and incorporated herein.
C. Reportina 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. Proaress 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.
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2. OMB Standards: Unless specified otherwise within this agreement, the
Subrecipient shall procure all materials, property, or services in accordance with the
requirements of 24 CFR 84.40-48.
3. Travel: The Subrecipient shall obtain written approval from the Grantee for any
travel outside the metropolitan area with funds provided under this Agreement.
E. Use and Reversion of Assets:
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and
570.504, as applicable, which include but are not limited to the following:
1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any
accounts receivable attributable to the use of funds under this Agreement at the
time of expiration, cancellation, or termination.
2. Real property under the Subrecipient's control that was acquired or improved, in
whole or in part, with funds under this Agreement in excess of $25,000 shall be used
to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five
(5) years after expiration of this Agreement [or such longer period of time as the
Grantee deems appropriate]. If the Subrecipient fails to use CDBG-assisted real
property in a manner that meets a CDBG National Objective for the prescribed
period of time, the Subrecipient shall pay the Grantee an amount equal to the
current fair market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Such payment shall constitute program income to the Grantee. The Subrecipient
may retain real property acquired or improved under this Agreement after the
expiration of the five-year period [or such longer period of time as the Grantee
deems appropriate].
3. In all cases in which equipment acquired, in whole or in part, with funds under this
Agreement is sold, the proceeds shall be program income (prorated to reflect the
extent to that funds received under this Agreement were used to acquire the
equipment). Equipment not needed by the Subrecipient for activities under this
Agreement shall be (a) transferred to the Grantee for the CDBG program or (b)
retained after compensating the Grantee [an amount equal to the current fair
market value of the equipment less the percentage of non-CDBG funds used to
acquire the equipment].
VIII. RELOCATION, REAL PROPERTY ACOUISITION AND ONE -FOR -ONE HOUSING
REPLACEMENT
The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at
49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing
the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the
HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation
policies. [The Grantee may preempt the optional policies.] The Subrecipient shall provide
relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are
displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-
assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances,
resolutions and policies concerning the displacement of persons from their residences.
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.
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2. Nondiscrimination: The Subrecipient agrees to comply with the non-
discrimination in employment and contracting opportunities laws, regulations, and
executive orders referenced in 24 CFR 570.607, as revised by Executive Order
13279. The applicable non-discrimination provisions in Section 109 of the HCDA are
still applicable.
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 Minoritv-Owned Businesses (W/MBE): The Subrecipient will use
its best efforts to afford small businesses, minority business enterprises, and
women's business enterprises the maximum practicable opportunity to participate in
the performance of this contract. As used in this contract, the terms "small business"
means a business that meets the criteria set forth in section 3(a) of the Small
Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one (51) percent owned and controlled by
minority group members or women. For the purpose of this definition, "minority
group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or
Spanish -heritage Americans, Asian -Americans, and American Indians. The
Subrecipient may rely on written representations by businesses regarding their
status as minority and female business enterprises in lieu of an independent
investigation.
3. Access to Records: The Subrecipient shall furnish and cause each of its own
subrecipients or subcontractors to furnish all information and reports required
hereunder and will permit access to its books, records and accounts by the Grantee,
HUD or its agent, or other authorized Federal officials for purposes of investigation
to ascertain compliance with the rules, regulations and provisions stated herein.
4. Notifications: The Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the agency contracting officer, advising
the labor union or worker's representative of the Subrecipient's commitments
hereunder, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
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5. Equal Employment Opportunity and Affirmative Action (EEO/AA)
Statement: The Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of the Subrecipient, state that it is an Equal
Opportunity or Affirmative Action employer.
6. Subcontract Provisions: The Subrecipient will include the provisions of
Paragraphs 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. Employment Restrictions
1. Prohibited Activity: The Subrecipient is prohibited from using funds provided
herein or personnel employed in the administration of the program for: political
activities; inherently religious activities; lobbying; political patronage; and nepotism
activities.
2. Labor Standards: The Subrecipient agrees to comply with the requirements of the
Secretary of Labor in accordance with the Davis -Bacon Act as amended, the
provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.)
and all other applicable Federal, state and local laws and regulations pertaining to
labor standards insofar as those acts apply to the performance of this Agreement.
The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C.
874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29
CFR Part 5. The Subrecipient shall maintain documentation that demonstrates
compliance with hour and wage requirements of this part. Such documentation shall
be made available to the Grantee for review upon request.
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property containing less than eight (8) units, all
contractors engaged under contracts in excess of $2,000.00 for construction,
renovation or repair work financed in whole or in part with assistance provided under
this contract, shall comply with Federal requirements adopted by the Grantee
pertaining to such contracts and with the applicable requirements of the regulations
of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the
payment of wages and ratio of apprentices and trainees to journey workers;
provided that, if wage rates higher than those required under the regulations are
imposed by state or local law, nothing hereunder is intended to relieve the
Subrecipient of its obligation, if any, to require payment of the higher wage. The
Subrecipient shall cause or require to be inserted in full, in all such contracts subject
to such regulations, provisions meeting the requirements of this paragraph.
3. "Section 3" Clause
a. Compliance: Compliance with the provisions of Section 3 of the HUD Act of
1968, as amended, and as implemented by the regulations set forth in 24 CFR
135, and all applicable rules and orders issued hereunder prior to the execution
of this contract, shall be a condition of the Federal financial assistance provided
under this contract and binding upon the Grantee, the Subrecipient and any of
the Subrecipient's subrecipients and subcontractors. Failure to fulfill these
requirements shall subject the Grantee, the Subrecipient and any of the
Subrecipient's subrecipients and subcontractors, their successors and assigns, to
those sanctions specified by the Agreement through which Federal assistance is
provided. The Subrecipient certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3" requirements
and to include the following language in all subcontracts executed under this
Agreement:
"The work to be performed under this Agreement is a project
assisted under a program providing direct Federal financial
assistance from HUD and is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701). Section 3 requires that to the
Subrecipient Agreement
Page 9 of 14
greatest extent feasible opportunities for training and
employment be given to low- and very low-income residents of
the project area, and that contracts for work in connection with
the project be awarded to business concerns that provide
economic opportunities for low- and very low-income persons
residing in the metropolitan area in which the project is located."
The Subrecipient further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including
reduction and abatement of lead -based paint hazards), housing construction, or
other public construction project are given to low- and very low-income persons
residing within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to low- and very low-income
persons within the service area of the project or the neighborhood in which the
project is located, and to low- and very low-income participants in other HUD
programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead -based paint
hazards), housing construction, or other public construction project to business
concerns that provide economic opportunities for low- and very low-income
persons residing within the metropolitan area in which the CDBG-funded project
is located; where feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low-income residents within the
service area or the neighborhood in which the project is located, and to low- and
very low-income participants in other HUD programs.
The Subrecipient certifies and agrees that no contractual or other legal
incapacity exists that would prevent compliance with these requirements.
b. Notifications: The Subrecipient agrees to send to each labor organization or
representative of workers with which it has a collective bargaining agreement
or other contract or understanding, if any, a notice advising said labor
organization or worker's representative of its commitments under this Section
3 clause and shall post copies of the notice in conspicuous places available to
employees and applicants for employment or training.
c. Subcontracts: The Subrecipient will include this Section 3 clause in every
subcontract and will take appropriate action pursuant to the subcontract upon
a finding that the subcontractor is in violation of regulations issued by the
grantor agency. The Subrecipient will not subcontract with any entity where it
has notice or knowledge that the latter has been found in violation of
regulations under 24 CFR Part 135 and will not let any subcontract unless the
entity has first provided it with a preliminary statement of ability to comply
with the requirements of these regulations.
D. Conduct
1. Assignability: The Subrecipient shall not assign or transfer any interest in this
Agreement without the prior written consent of the Grantee thereto; provided,
however, that claims for money due or to become due to the Subrecipient from
the Grantee under this contract may be assigned to a bank, trust company, or
other financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to the Grantee.
2. Subcontracts:
a. Approvals: The Subrecipient shall not enter into any subcontracts with any
agency or individual in the performance of this contract without the written
consent of the Grantee prior to the execution of such agreement.
b. Monitoring: The Subrecipient will monitor all subcontracted services on a
regular basis to assure contract compliance. Results of monitoring efforts shall
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. Lobbying Certification: This certification is a material representation of
fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S.C. Any
person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each
such failure.
6. Copyright: If this contract results in any copyrightable material or inventions, the
Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive
and irrevocable license to reproduce, publish or otherwise use and to authorize
others to use, the work or materials for governmental purposes.
7. Religious Activities: The Subrecipient agrees that funds provided under this
Agreement will not be utilized for inherently religious activities prohibited by 24
CFR 570.200(j), such as worship, religious instruction, or proselytization.
X. ENVIRONMENTAL CONDITIONS
A. Air and Water: The Subrecipient agrees to comply with the following requirements
insofar as they apply to the performance of this Agreement:
• Clean Air Act, 42 U.S.C. , 7401, et seq.;
• Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and information, as
well as other requirements specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder;
• Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as
amended.
B. Flood Disaster Protection: In accordance with the requirements of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities
located in an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance Program
is obtained and maintained as a condition of financial assistance for acquisition or
construction purposes (including rehabilitation).
C. Lead -Based Paint: The Subrecipient agrees that any construction or rehabilitation of
residential structures with assistance provided under this Agreement shall be subject to
HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B.
Such regulations pertain to all CDBG-assisted housing and require that all owners,
prospective owners, and tenants of properties constructed prior to 1978 be properly
notified that such properties may include lead -based paint. Such notification shall point
out the hazards of lead -based paint and explain the symptoms, treatment and precautions
that should be taken when dealing with lead -based paint poisoning and the advisability
and availability of blood lead level screening for children under seven. The notice should
also point out that if lead -based paint is found on the property, abatement measures may
be undertaken. The regulations further require that, depending on the amount of Federal
funds applied to a property, paint testing, risk assessment, treatment and/or abatement
may be conducted.
D. Historic Preservation: The Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic
Preservation Procedures for Protection of Historic Properties, insofar as they apply to the
performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that
are included on a Federal, state, or local historic property list.
Subrecipient Agreement
Page 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
Mayor, City of National City
APP 1I ED A . O FORM
Claudia G. Silv
City Attorney
ATTEST
i
it
Michael Dalla
City Clerk
Name of Organization
lane Takvorian
Executive Director
Shirleen Freeman
Associate Director of Administration
Subrecipient Agreement
Page 14 of 14
EXHIBIT A
SCOPE OF SERVICES
1. The Making National's City "Healthy Homes" Energy Efficient program consists of
the following activities:
Overall' 'Project Goal (Please list any additional: goals or objectes on another page.)
To improve the housing quality and affordability of 50 privately owned rental units occupied
by low-income residents by increasing their energy efficiency.
Recruit 50 privately owned rental units to participate in the Energy Efficiency project.
• EHC will review the list of 198 completed units that previously participated in the
National City "Healthy Homes" program and prioritize those that did not previously
received weatherization.
• EHC will then contact the rental property owners to encourage them to enroll their
rental units into our project and schedule energy efficiency assessments with the
participating rental units. (It is possible that the original tenants have moved, but
the owner is still interested in participating. In this case the tenant will receive
healthy homes information in addition to the energy efficiency work.) EHC will first
contact potential rental property owners by phone to schedule a visit to explain the
program, and provide rehabilitation counseling offering other energy retrofit
programs that will complement the work done through this grant program (rebates,
SDG&E, etc and assistance in filling out applications any forms, if needed). The goal
will be to encourage rental property owners to do additional energy retrofits/rehab to
improve living conditions while helping them retain tenants.
• EHC will contact potential rental occupants by phone, but may have to make home
visits to schedule the energy assessment.
'P=4 .. �4W��ii•1�: 9 af+W^'IKYR•W� h
�.�.. .�4�.Y�. i.` '£`".�.✓�.e A�$kr. xxC 44 Y S, r,n'$?'^`. { di 1 eli' �b3 v ( '+ "a/.}
Provide energy efficiency assessments and rehabilitation counseling for the 50 recruited
rental units (up to 60 energy efficiency assessments may be completed in anticipation of
units that may cancel). An energy efficiency assessment consists of:
• a physical inspection of the unit using a standard assessment tool by EHC staff and
community promotoras;
• brief overview of healthy homes information previously provided;
• education on reading a utility bill, understanding their energy use, and conserving
energy (we will request authorization to allow us to review their SDG&E energy use
records);
• information on the relationship between energy use/generation and climate change;
• energy efficiency incentives (e.g., light bulbs, low -flow shower head);
• a customized energy savings plan based on the assessment;
• re -verification of income eligibility and completion of the enrollment process;
• Green & Healthy Property Maintenance recommendations to rental property owners
and action plan customized for each participating rental property owner.
Refer 50 recruited rental units to the MAAC Project for minor energy efficiency retrofits and
weatherization/rehab work. EHC will
• Assist in obtaining a signed application/agreement between Landlord and MAAC for
50 rental units; units to be weatherized by MAAC do not have to be completed
during grant period. A copy of the weatherization agreement between landlord and
MAAC for 50 rental units is acceptable. A copy of agreement will be provided to City
of National City.
• Obtain a copy of MAAC Project's Weatherization Scope of Work and provide copy to
City of National City
• Help participants complete the MAAC Project application
• Serve as a Tenant and Landlord Liaison between the participant and/or rental
property owner and the MAAC Project during the grant period
['Objjlve
Folloit
Rentallal
Follow up with the 50 recruited rental units approximately 3 months after the completion of
the weatherization/ rehabilitation work is completed. The follow-up visit will include the
following:
• Follow up with the rental property owners on referrals (did they receive additional
services, which ones, were they satisfied with the service)
• Review Green & Healthy Property Maintenance Recommendations and Action Plan
with Rental Property Owners
• Monitor to ensure that the weatherization is completed
• Conduct a quality assurance questionnaire with rental property owners
2. The followin lists the staff and time commitments to be allocated to activit listed above.
Leticia Ayala, Associate Director of Programs (Project
Manager)
Silvia Leon, Community Organizer (Project Coordination)
499
864
3. Billing Method: Monthly X Quarterly
Other explain:
4. List the type of supporting documentation to be provided:
Rental Property Owner Landlord Rehab Consultation Documents
• Green & Healthy Property Maintenance Cost Efficient Recommendations
• Energy Efficiency Rebate/Assistance Programs
• Resources/Products list
• Action Plan/Checklist
• Follow-up Form
• Energy Service Agreement Form between MAAC and Participating
Landlords (Commitment which includes 2 year affordability restriction)
• MAAC Project's Summary Assessment Form
Evidence of expenditures
5. List the major/key activity milestones:
Major Activity
Milestones
Month
1
2
3
4
5
6
7
8
9
10
11
12
Examples:
Hire Staff
Program Implementation (Recruitment)
X
X
X
Provide Program Services (First Visit)
X
'X
X
X
X
X
X
Provide Program Services (Follow -Up Visit)
X
X
X
X
X
X
X
X
EXHIBIT B
BUDGET
Agency Name: Environmental Health Coalition
Activity Name: Making National Citv's "Healthy Homes" Energy Efficient Round II
CDBG
OTHER
TOTAL
Description
BUDGET
RESOURCES
BUDGET
1) Personnel (Direct labor)
Associate Director
$10,915.00
Project Manager
$18,382.00
Community Organizer
$6,106.00
2) Fringe Benefits
$9,559.00
3) Travel
$1,600.00
4) Supplies and Materials
Educational materials and low-cost
incentives
$4,000.00
Duplication
$800.00
Training
$2,000.00
Energy assessment equipment
$4,000.00
promotoras
$8,000.00
5) Sub Total for Direct Costs
$65,362.00
6) Indirect Costs (Overhead)
$14,665.00
TOTAL
$80,027.00
$ -
$
-
EXHIBIT C -
BOARD OF DIRECTORS/
BY LAWS
ENVIRONMENTAL HEALTH COALITION BOARD OF DIRECTORS
May 2011
Officers
President
Margaret Godshalk
2143 Cleveland Avenue
National City, CA 91950
619-477-6764(H)
619-336-8303(W)
mgodsh(i%sdcoe.k12.ca.us
National School District
Vice -President
Clarice Gaylord
501 Via Presa
San Clemente, CA 92672
949-361-0369 (H)
cgaylord( msn.com
Secretary/Treasurer
Dan McKirnan
1404 Law Street
San Diego, CA 92109
858-273-2527 (H)
858-945-1905 (C)
mckirnan@yahoo_com
President Emeritus
Beatriz Barraza
7581 Hazard Center Drive
San Diego, CA 92108
619-293-0774 (H)
619-990-1032 (C)
bbarraza(ci,-san _rr. com
Treasurer Emeritus
Tony Pettina
2250 Camino de la Reina, #207
San Diego, CA 92108
619-683-2085 (H)
619-336-1140 (W)
619-474-1210 (F)
tony@environmentalhealth.org
SD Community College District
Board of Directors
David DiDonato
1103 Paseo Marguerita
Chula Vista, CA 91910
619-656-9650 (H)
D.DiDonato@cox.net
Lorena Gonzalez
3717 Camino del Rio S.
San Diego,CA 92108
619-228-8101 x 1 (W)
l eonzalez@ unionves.org
AFL CIO (SD Labor Council)
Ruth Heifetz
5441 Taft Avenue
La Jolla, CA 92037
858-459-2160 (H)
858-534-4613 (W)
858-534-7517 (F)
(Please leave messages @ work #)
nceifetz(n?ucsd.cdu
UCSD School of Medicine
Carmen Gutierrez Hernandez
2840 East 15th Street
National City, CA 91950
619-479-4139 (H)
OW
Sharon Kalemkiarian
2517 Angell Avenue
San Diego, CA 92122
619-234-8585,Ext.115 (W)
800-495-1452 (P)
619-301-5459 (C)
SharonK(aabcklaw.com
skalemki a san.rr.com
Maria Martinez
2068 Main Street, Apt 158
San Diego, CA 92113
619-237-0564 (H)
1111
Enrique Medina
3361 28th Street
San Diego, CA 92104
619-297-1469 (W)
619-297-7210 (H)
emcdina(aMulse-poinLcom
Alliance Consulting International
Jose Medina
321 Civic Center Drive
National City, CA 91950
619-474-7463 (H)
619-847-4357 (C)
Mrlatin07(a,,hotmail.com
EHC Staff Representative
Maria Moya
BYLAWS OF
THE ENVIRONMENTAL HEALTH COALITION
a California Nonprofit Public Benefit Corporation
ARTICLE 1. OFFICES
SECTION 1. PRINCIPAL OFFICE
The principal office of the corporation for the transaction of its business
is located in San Diego County, California.
SECTION 2. CHANGE OF ADDRESS
The county of the corporation's principal office can be changed only by
amendment of these Bylaws and not otherwise. The Board of Directors may, however,
change the principal office from one location to another within the named county
by noting the changed address and effective date below, and such changes of ad-
dress shall not be deemed an amendment of these Bylaws:
DATED: , 19
DATED: , 19
DATED: , 19
SECTION 3. OTHER OFFICES
The corporation may also have offices at such other places, within or with-
out the State of California, where it is qualified to do business, as its business
may require and as the Board of Directors may, from time to time, designate.
ARTICLE 2. PURPOSES
SECTION 1. OBJECTIVES AND PURPOSES
The primary objectives and purposes of this corporation shall be:
To integrate the work of all groups that are concerned with environmental
and occupational causes of disease in the health care system;
To generate public discussion on the environmental and occupational causes
of disease;and
To increase the awareness of health care professionals of the environmental
and occupational causes of diseases and their impacts on the treatment of disease.
The Environmental Health Coalition will accomplish these purposes by means
of the following objectives:
Development and implementation of educational programs to inform citizens
1
of the problems related to toxic substances.
Development and implementation of educational programs to instruct .health
professional as to the relationship of toxic substances to serious illness.
Development of research regarding hazardous waste and toxic substances in
San Diego County.
Development of a coalition of groups, organizations and individuals com-
mitted to responsible toxic substance control.
ARTICLE 3. MEMBERS
SECTION 1. DETERMINATION AND RIGHTS OF MEMBERS
The corporation shall have only two classes of members, organizational
and individual. No member shall hold more than one membership in the corpor-
ation. Except as expressly provided in or authorized by the Articles of Incor-
poration or Bylaws of this corporation, all memberships shall have the same
rights, privileges, restrictions and conditions.
SECTION 2. QUALIFICATIONS OF MEMBERS
Any individual or organization concerned with the specific purposes of
the corporation is qualified to become a member of this corporation.
SECTION 3. ADMISSION. OF MEMBERS
Applicants shall be admitted to membership on making application therefor
in writing and payment of their first annual dues, as specified in the following
sections of this Bylaw.
SECTION 4. FEES, DUES AND ASSESSMENTS
(a) The annual dues payable to the corporation by members shall be in such
amount as determined by resolution of the Board of Directors.
(b) Memberships shall be nonassessable.
SECTION 5. NUMBER OF MEMBERS
There is no limit on thenutnber of. members the corporation may admit.
SECTION 6. MEMBERSHIP BOOK
The corporation shall keep a membership book containing the name and address
of each member. Termination of the membership of any member shall be recorded in
the book, together with the date of termination of such membership. Such book
shall be kept at the corporation's principal office and shall be available for
inspection by any Director or member of the corporation during regular business
hours.
SECTION 7. NONLIABILITY OF MEMBERS
2
A member of this corporation is not, as such, personally liable to the
debts, liabilities, or obligations of the corporation.
SECTION 8. NONTRANSFERABILITY OF MEMBERSHIPS
No member may transfer for value a membership or any right arising there-
from. All rights of membership:cease upon the member's death.
SECTION 9. TERMINATION OF MEMBERSHIP
(a) Grounds for Termination. The membership of a member shall terminate
upon the occurrence of any of the following events:
(1) Upon his or her notice of such termination delivered to the Pres-
ident or Secretary of the corporation personally or by mail, such membership
to terminate upon the date of delivery of the notice or date of deposdt in the
mail.
(2) Upon a determination by the Board of Directors that the member has
engaged in conduct materially and seriously prejudicial to the interests or pur-
poses of the corporation.
(3) Upon a failure to renew his or her membership by paying dues on or
before their due date, such termination to be effective thirty (30) days after
a written notification of delinquency is given personally or mailed to such
member by the Secretary of the corporation. A member may avoid such termination
by paying the amount of delinquent dues within a thirty (30)-day period following
the member's receipt of the written notification of delinquency.
(b) Procedure for Expulsion. Following the determination that a member
should be expelled under subparagraph (a)(2) of this section, the following pro-
cedure shall be implemented:
(1) A notice shall be sent by first-class or registered mail -to the last
address of the member as shown on the corporation's records, setting forth the
expulsion and the reasons therfor. Such notice shall be sent at least fifteen
(15) days before theproposed effective date of the expulsion.
(2) The member being expelled shall be given an opportunity to be heard,
either orally or in writing, at a hearing to be held not less than five (5) days
before the effective date of the proposed expulsion. The hearing will be held
by the Board of Directors in accordance with the quorum and voting rules set forth
'in these Bylaws applicable to the meetings of the Board. The notice to the member
of his or her proposed expulsion shall state the date, time, and place of the
hearing on his or her proposed expulsion.
(3) Following the hearing, the Board of Directors shall decide whether
or not the member should in fact be expelled, suspended, or sanctioned in some
other way. The decision of the Board shall be final.
(4) Any person expelled from the corporation shall receive a refund of
dues already paid. The refund shall be prorated to return only the unaccrued
balance remaining for the period of the dues payment.
SECTION 10. RIGHTS ON TERMINATION OF MEMBERSHIP
3
All rights of a member In the corporation shall cease on termination of
membership as herein provided.
ARTICLE 4. MEETINGS OF MEMBERS
SECTION 1. PLACE OF MEETINGS
Meetings of members shall be held at the principal office of the corporation
or at such other place or places within .or without the State of California as
may be designated from time to time by resolution of the Board of Directors.
SECTION 2. ANNUAL AND OTHER REGULAR MEETINGS
The members shall meet annually on the fourth Wednesday of May in each year.,
at 4:00 P.M., for the purpose of electing Directors and transacting other business
as may come before the meeting. Cumulative voting for the election of Directors
shall not be permitted. Voting shall be carried out as designated in Article 4
Section 7 of these Bylaws, with voting being by ballot only. The annual meeting
of members for the purpose of electing Directors shall be deemed a regular meeting
and any reference in these Bylaws to regular meetings of members refers to this
annual meeting.
Other regular meetings of the members shall be held on the fourth Wednesday
of each month, at 4:00 P.M.
SECTION 3. SPECIAL MEETINGS OF MEMBERS
(a) Persons Who May Call Special Meetings of Members. Special meetings of
the members shall be called by the Board of Directors, the Chairperson of the
Board, or the President of the corporation. In addition, special meetings of the
members for the purpose of the removal of Directors and election of their re-
placements may be called by five percent (5%) or more of the members.
SECTION 4. NOTICE OF MEETINGS
(a) Time of Notice. Whenever members are required or permitted to take
action at a meeting, a written notice of the meeting shall be given by the Sec-
retary or the corporation not less than ten (10) nor more than ninety.(90) days
before the date of the meeting to each member who, on the record date for the
notice of the meeting, is entitled to vote thereat.
(b) Manner of Giving Notice. Notice of a members' meeting or any report
shall be given either personally or by mail or other means of written communica-
tion, addressed to the member at the address of such member appearing on the books
of the corporation or given by the member to the corporation for the purpose of
notice; or if no address appears or is given, at the place where the principal
office of the corporation is located or by publication of notice of the meeting
at least once in a newspaper of general circulation in the county in which the
principal office is located. Notice shall be deemed to have been given at the
time when delivered personally or deposited in the mail or sent by telegram or
other means of written communication.
(c) Contents of Notice. Notice of a membership meeting shall state the place,
date, and time of the meet-ing and (1) in the case of a special meeting, the gen-
eral nature of the business to be transacted, and no other business may be trans-
4
acted, or (2) in the case of a regular meeting, those matters which the Board,
at the time notice is given, intends to present for action by the members. Sub-
ject to any provision to the contrary contained in these Bylaws, however, any
proper matter may be presented at a regular meeting for such action. The notice
of any meeting of members, at which Directors are to be elected shall include the
names of all those who are nominees at the time notice is given to members.
(d) Notice of Meetings Called by Members. If a special meeting is called by
members as authorized by these Bylaws, the request for the meeting shall be sub-
mitted in writing,.. specifying the general nature of the business proposed to be
transacted and shall be delivered personally or sent by registered mail or by
telegraph to the Chairperson of the Board, President, Vice -President or Secretary
of the corporation. The officer receiving the request shall promptly cause notice
to be given to the members entitled to vote that a meeting will be held, stating
the date of the meeting. The date for such meeting shall be fixed by the Board
and shall not be less than ten (10) nor more than ninety (90) days after the re-
ceipt of the request for the meeting by the officer. If the notice is not given
within five (5) days after the receipt of the request, persons calling the meeting
may give the notice themselves.
(e) Waiver of Notice of Meetings. The transactions of any meeting of members,
however called and noticed, and wherever held, shall be as valid as though taken
at a meeting duly held after regular call and notice, if a quorum is present in
person, and if, either before or after the meeting, each of the persons entitled
to vote, not present in person, signs a written waiver of notice or a consent to
the holding of the meeting or an approval of the minutes thereof. All such waivers,
consents and approvals shall be filed with the corporate records or made a part
of the minutes of the meeting. Waiver of notices or consents need not specify
either the business to be transacted or the purpose of any regular or special
meeting of members, except that if action is takenorproposed to be taken for
approval of any of the matters specified in subparagraph (f) of this section, the
waiver of notice or consent shall state the general nature of the proposal.
(f) Special Notice Rules for Approving Certain Proposals. If action is pro-
posed to be taken or is taken with respect to the following proposals, such action
shall be invalid unless unanimously approved by those entitled to vote or unless
the general nature of the proposal is stated in the notice of meeting or in any
written waiver of notice:
(1).Removal of directors without cause;
(2) Filling of vacancies on the Board by the members;.
(3) Amending the Articles of Incorporation; and
(4) An election to voluntarily wind up and dissolve the corporation
SECTION 5. QUORUM FOR MEETINGS
A quorum shall consist of One -Third (33%) of the voting members of the cor-
poration.
The members present at a duly called and held meeting at which a quorum is
initially present may continue to do business notwithstanding the loss of a quorum
at the meeting due to a withdrawal of members from the meeting provided that any
action taken after theloss of a quorum must be approved by at least a majority of
of the members required to constitute a quorum.
5
When a meeting is adjourned for lack of a sufficient number of members at
the meeting or otherwise, it shall not be necessary to give any notice of the
time and placeof the .adjourned meeting or of the business to be transacted at
such meeting other than by announcement at the meeting at which the adjournment.
is taken of the time a place of the adjourned meeting. Notice of the adjourned
meeting shall be required, however, if the. adjournment is for more than forty-
five (45) days from the date of the original meeting.
In the absence of a quorum, any meeting of the members may be adjourned
from time to time by the vote of a majority of the votes represented in person
at the meeting, but no other business shall be transacted at such meeting.
Notwithstanding any other provision of this Article, if this corporation
authorizes members to conduct a meeting with a quorum of less than one-third
(1/3) of the voting power, then, if less than one-third (1/3) of the voting
power actually attends•a regular_ meeting, in person, then no action may be taken
on a matter unless the general nature of the matter was stated in the notice of
the regular meeting.
SECTION 6. MAJORITY ACTION AS MEMBERSHIP ACTION
Every act or decision done or made'by a majority of voting members present
in person at a duly held meeting at which a quorum is present is the act of the
members, unless the law, the Articles'of Incorporation of this,corporation, or
these Bylaws require a greater number.
SECTION 7. VOTING RIGHTS
Each individual member is entitled to one vote and each organizational is
entitled to one vote on each matter submitted to a vote by the members. Voting
at duly held meetings shall be by voice vote. Election of Directors, however,
shall be by ballot.
SECTION 8. PROXY VOTING
Members entitled to vote shall not be permitted to vote or act by proxy,
and no provision in the Bylaws referring to proxy voting shall be construed to
permit any member to vote or act by proxy.
SECTION 9. CONDUCT OF MEETINGS
Meetings of members shall be presided over by the Chairperson of the Board,
or, if there is no Chairperson, by the President of the corporation or, in his
or her absence, by the Vice -President of the corporation or, in the absence of
all of these persons, by the Chairperson chosen by a majority of the voting members,
present in person. The Secretary of the corporation shall act as Secretary of all
meetings of members, provided that in his or her absence, the presiding officer
shall appoint another person to act as Secretary of the meeting.
Meetings shall be governed by Roberts' Rules of Order, as such rules may
be revised from time to time, insofar as such rules are not inconsistent with or
conflict with these Bylaws, with the Articles of incorporation of this corporation,
or with any provisions of law.
SECTION 10. ACTION BY WRITTEN BALLOT WITHOUT A MEETING
6
Any action which may be taken at any regular or special meeting of members
may be taken without a meeting if the corporation distributes a written ballot
to every member entitled to vote on the matter. The ballot shall set forth the
proposed action, provide an opportunity to specify approval or disapproval of each
proposal, provide that where the person solicited specifies a choice with respect
to any such proposal the vote shall be cast in accordance therewith, and provide
a reasonable time within which to return the ballot to the corporation. Ballots
shall be mailed or delivered in the manner required for giving notice of meetings
specified in Section 4(b) of this Article.
All written ballots shall also indicate the number of responses needed to
meet the quorum requirement and, except for ballots soliciting votes for the
election of Directors, shall state the percentage of approvals necessary to pass
the measure submitted. The ballots must specify the time by which they must be
received by the corporation in order to be counted.
Approval of action by written ballot shall be valid only when the number of
votes cast by bailot within the time period specified equals or exceeds the quorum
required to be present at a meeting authorizing the action, and the number of ap-
provals equals or exceeds the number of votes that would be required to approve
the action at a meeting at which the total number of votes cast was the same as
the number of votes cast by ballot.
Directors may be elected by written ballot. Such ballots for the election
of Directors shall list the persons nominated at the time the ballots ar mailed
or delivered. If any such ballots are marked "withhold" or otherwise marked in
a manner indicating that the authority to vote for the election of Directors is
withheld, they shall not be counted as votes either for or against the election
of a Director.
A written ballot may not be revoked after its receipt by the corporation or
its deposit in the mail, whichever occurs first.
SECTION 11. REASONABLE NOMINATION AND ELECTION PROCEDURES
This corporation shall make available to members reasonable nomination and
election procedures with respect to the election of Directors by members. Such
procedures shall be reasonable given the nature, size and operations of the cor-
poration, and shall include:
(a) A reasonable means of nominating persons for election as Directors.
(b) A reasonable opportunity for nominee to communicate to the members the
nominee's qualification's and the reasons for the nominee's candidacy.
(c) A reasonable opportunity for all nominees to solicit votes.
(d) A reasonable opportunity for all members to choose among the nominees.
Upon the written request by any nominee for election to the Board and the
payment with such request of the reasonable costs of mailing (including postage)
the corporation shall, withing ten (10) business days after such request (provided
payment has been made) mail to all members or such portion of them that the nom-
inee may reasonably specify, any material which the nominee shall furnish and
which is reasonably related to the election, unless the corporation within five
7
(5) business days after the request allows the nominee, at the corporation's
option, the right to do either of the following: (1) inspect and copy the re-
cord of all member's names, addresses and voting rights, at reasonable times,
upon five (5) business days' prior written demand upon the corporation, which
demand shall state the purpose for which the inspection rights are requested; or
(2) obtain from the Secretary, upon.written demand and payment of a reasonable
charge, a'.list of the names, addresses and voting rights of those members entitled
to vote for the election of Directors, as of the most recent record date:.for which
it has been compiled or as of any date specified by the nominee subsequent to the
date of demand. The demand shall state the purpose for which the list is re-
quested and the membership list shall be made available on or before the later of
ten (10) business days after the demand is received or after the date specified
therein as the date as of which the list is to be compiled.
If this corporation publishes any material soliciting votes for any nominee
for Director in any publication owned or controlled by the corporation, it shall
make available to all other nominees, in the same issue of the publication, an
equal amount of space, with equal prominence, to be used by the other nominees
foe a purpose reasonably related to the election.
Generally, any person who is qualified to be elected to the Board of Directors
shall be nominated at the annual meeting of members held for the purpose of e-
lecting .Directors by any member present at the meeting in person. However, if the
corporation has five hundred (500) or more members, any of the additional nomi-
nation procedures specified in subsections (a) and (b)-of Section 5521 of the
California Nonprofit Corporation Law may be used to nominate persons for election
to the Board of Directors.
If this corporation has five thousand (5,000) or more members, then the
nomination and election procedures specified in Section 5522 of the California
Nonprofit Corporation Law shall be followed by this corporation in nominating and
electing persons to the Board of Directors.
ARTICLE 5. DIRECTORS
SECTION 1. NUMBER
The corporation shall have seven (7) Directors and collectively they shall
be known as the Board of Directors. The number may be changed by amendment of
this Bylaw, or by repeal of this Bylaw and adoption of a new Bylaw, as provided
in these Bylaws.
SECTION 2. POWERS
Subject to the provisions of the California Nonprofit Public Benefit Corpor-
ation Law and any limitations in the Articles of Incorporation and Bylaws relating
to action required or permitted to be taken or approved by the members, of this
corporation, the activities and affairs of this corporation shall be conducted
and all corporate powers shall be exercised by or under the direction of the
Board of Directors.
SECTION 3. DUTIES
It shall be the duty of the Directors to:
8
(a) Perform any and all duties imposed on them collectively or individually
by law, by the Articles of Incorporation of this corporation, or by these Bylaws.
(b) Appoint and remove, employ and discharge, and, except as otherwise pro-
vided in these Bylaws, prescribe the duties and fix the compensation, if any,
of all officers, agents and employees of the corporation.
(c) Supervise all officers, agents and employees of the corporation to
assure that their duties are performed properly.
(d) Meet as such times and places as required by these Bylaws.
(e) Register their addresses with the Secretary of the corporation, and no-
tices of meetings mailed or telegraphed to them at such addresses shall be valid
notices thereof.
SECTION 4. TERMS OF OFFICE
Each Director shall hold office until the. next annual meeting for election
of the Board of Directors as specified in these Bylaws, and until his or her
successor is elected and qualifies.
SECTION 5. COMPENSATION
Directors shall serve without compensation except that they shall be allowed
and paid their actual and necessary expenses incurred in attending Directors
meetings. In addition, they shall be allowed reasonable advancement or reimburse-
ment for expenses incurred in the performance of their regular duties as specified
in Section 3 of the Article. Directors may not be compensated for rendering ser-
vices to the corporation in any capacity other than Director unless such other
compensation is reasonable and is allowable under the provisions of Section 6 of
this Article.
SECTION 6. RESTRICTION REGARDING INTERESTED DIRECTORS
Notwithstanding any other provision of these Bylaws, not more than forty-
nine percent (49%) of the persons serving on the Board may be interested persons.
For the purposes of this Section, "interested persons" means either:
(a) Any person currently being compensated by the corporation for services
rendered it within the previous twelve (12) months, whether as a full- or part-
time officer or other employee, independent contractor, or otherwise, excluding
any reasonable compensation paid to a Director as Director; or
(b) any brother, sister, ancestor, descendant, spouse, brother-in-law, sister-
in-law, son-in-law, daughter-in-law, mother-in-law, or father-in-law of any such
person.
SECTION 7. PLACE OF MEETINGS
Meetings shall be held at the principal office of the corporation unless
otherwise provided by the Board or at such place within or without the State of
California which has been designated from time to time by resolution of the Board
of Directors. In the absence of such designation, any meeting not held at the
principal office of the corporation shall be valid only after all Board members
have been given written notice of the meeting as hereinafter provided for special
n
meetings of the Board. Any meeting, regular or special, may be held by conference
telephone or similar communications equipment, so long as all Directors partici-
pating in such meeting can hear one another.
SECTION 8. REGULAR AND ANNUAL MEETINGS
Regular meetings of Directors
of each month at 4;00 P.M.
SECTION 9. SPECIAL MEETINGS
Special meetings of the Board
of the Board, the President, the V
Directors, and such meetings shall
State of California, designated by
in the absence of such designation
shall be held on•the second (2nd) Wednesday
of Directors may be called by the Chairperson
ice -President, the Secretary, or by any two
be held at the place, within or withoutthe
the person or persons calling the meeting, and
, at the principal office of the corporation.
SECTION 10. NOTICE OF MEETINGS
Regular meetings of the Board may be held without notice. Special meetings
of the Board shall be held upon four (4) days' notice by first-class mail or
forty-eight (48) hours' notice delivered personally or by telephone or telegraph.
If sent by mail or telegram, the notice shall be deemed to be delivered on its
deposit in the mails or on its delivery to the telegraph company. Such notices
shall be addressed to each Director at his or her address as shown on the books
of the corporation. Notice of the time and place of holding an adjourned meeting
need not be given to absent Directors if the ttme and place of the adjourned
meeting are fixed at the meeting adjourned and if such adjourned meeting is held
no more than twenty-four (24) hours from the time of the original meeting. Notice
shall be given of any adjourned regular or special meeting to Directors absent
from the original meeting if the adjourned meeting is held more than twenty-four
(24) hours from the time of the original meeting.
SECTION 11. CONTENTS OF NOTICE
Notice of meetings not herein dispensed with shall specify the place, day
and hour of the meeting. The purpose of any Board meeting need not be specified
in the notice.
SECTION 12. WAIVER OF NOTICE AND CONSENT OF HOLDING MEETINGS
The transactions of any meeting of the Board, however called and noticed or
wherever held, are as valid as though the meeting had been duly held after proper
call and notice, provided a quorum, as hereinafter defined, is present and pro-
vided that either before or after the meeting each Director not present signs a
waiver of notice, a consent to holding the meeting, or an approval of the minutes_
thereof. All such waivers, consents, or approvals, shall be filed with the cor-
porate records or made a part of the minutes of the meeting.
SECTION 13. QUORUM FOR MEETINGS
A quorum shall consist of four (4), being a majority of the Board of Directors.
Except as otherwise provided in these Bylaws or in the Articles of Incorpor-
ation of this corporation, or by law, no business shall be considered by the
Board at any meeting at which a quorum, as hereinafter defined, is not present,
10
and the only motion which the Chair shall entertain at such meeting is a motion
to adjourn. However, a majority of the Directors present at such meeting may
adjourn from time to time until the time fixed for the next regular meeting of
the Board.
When a meeting is adjourned for lack of a quorum, it shall not be necessary
to give any notice of the time and place of the adjourned meeting or of the bus-
iness to be transacted at such meeting, other than by announcement at the meeting
at which the adjournment is taken, except as provided in Section 10 of this Article.
The Directors present at a duly called and held meeting at which a quorum
is initially present may continue to do business notwithstanding the lossof a
quorum at the meeting due to a withdrawal of Directors from the meeting, provided
that any action thereafter taken must be approved by at least a majority of the
required quorum for such meeting or such greater percentage as may be required
by law, or the Articles of Incorporation or Bylaws of this corporation.
SECTION 14. MAJORITY ACTION AS BOARD ACTION
Every act or decision done or made by a majority of the Directors present
at a meeting duly held at which a quorum is present is the act of the Board of
Directors, unless the Articles of Incorporation or Bylaws of this corporation,
or provisions of the California Nonprofit Public Benefit Corporation Law, par-
ticularly those provisions related to appointment of committees (Section 5212)
approval of contracts or transactions in which a Director has a material finan-
cial interest (Section 5233) and indemnification of Directors (Section 523Be),
require a greater percentage or different voting rules for approval of a matter
by the Board.
SECTION 15. CONDUT OF MEETINGS
Meetingsof the Board of Directors shall be presided over by the Chair-
person of the Board, or, if no such person has been so designated or, in his
or her absence, the President of the corporation or, in his or her absence, by
the Vice -President of the corporation or, in the absence of each of these persons,
by a Chairperson chosen by a majority of the Directors present at the meeting.
The Secretary of the corporation shall act as Secretary of all meetings of the
Board, provided that in his or her absence, the presiding officer shall appoint
another person to act as Secretary of the meeting.
Meetings shall be governed by Roberts' Rules of Order, as such rules may
be revised from time to time, insofar as such rules are not inconsistent with
or in conflict with these Bylaws, with the Articles of Incorporation of this
corporation, or with provisions of law.
SECTION 16. ACTION BY UNANIMOUS WRITTEN CONSENT WITHOUT MEETING
•
Any action required or permitted to be taken by the Board of Directors
under any provision of law may be taken without a meeting, if all members
of the Board shall individually or collectively consent in writing to such
action. Such written consent or consents shall be filed with the minutes of
the proceedings of the Board. Such action by written consent shall have the
same force and effect as the unanimous vote of the Directors. Any certificate
or other document filed under any provision of law which relates to action so
taken shall state that the action was taken by unanimous written consent of
the Board of Directors without a meeting and that the Bylaws of this corporation
authorize the Directors to so act, and such statement shall be prima facie
evidence of such authority.
SECTION 17. VACANCIES
Vacancies on the Board of Directors shall exist (1) on the death, resignation,
or removal of any Director, and (2) whenever the number of authorized Directors.
is increased.
The Board of Directors may declare vacant the office of a Director who has
been declared of unsound mind by a final order of court, or convicted of a felony,
or been found by a final order or judgment of'any court to have breached any duty
under Section 5230 and following of the California Nonprofit Public Benefit
Corporation Law.
If this corporation has any members, then, if the corporation has less
than fifty (50) members, Directors may be removed without cause by a majority
of all members, or, if the corporation has fifty (50) or more members, by vote
of a majority of the votes represented at a membership meeting at which a quorum
is present.
Any Director may resigneffective upon giving whitten notice to the Chair-
person of the Board, the President, the Secretary or the Board of Directors,.
unless the notice specifies a later time for the effectiveness of such resig-
nation. No Director may resign if the corporation would then be left without
a duly elected Director or Directors in charge of its affairs, except upon
notice to the Attorney General.'
Vacancies on the Board may be filled by a majority of Directors then in
office, whether or not less than a quorum, or by a sole remaining Director.
The members of the corporation may elect a Director at any time to fill any
vacancy not filled by the Directors.
A person elected to fill a vacancy as provided in this Section shall hold
office until the next annual election of the Board of Directors or until his
or her death, resignation or removal from office.
SECTION 18. NON -LIABILITY OF DIRECTORS
The Directors shall not be personally liable for the debts, liabilities,
or other obligations of the corporation.
SECTION 19. INDEMNIFICATION BY CORPORATION OF DIRECTORS, OFFICERS EMPLOYEES
AND OTHER AGENTS
To the extent that a person, who is, or was, a Director, officer, employee
or other agent, of this corporation has been successful on the merits in defense
of any civil-, criminal, administrative or investigative proceeding brought to
procure a judment against such person by reason of the fact that he or she is,
or was, an agent of the corporation, or has been successful in defense of any
claim, issue or matter, therein, such person shall be indemnified against expenses
actually and reasonably incurred by the person in connection with such proceeding..
If such person either settles any such claim or sustains.a judgment against
him or her, then indemnification against expenses, judgments, fines, settlements
and other amounts reasonably incurred in connection with such proceedings shall
be provided by this corporation but only to the extent allowed by, and in accord-
ance with the requirements of Section 5238 of the California Nonprofit Public
Benefit Corporation Law.
12
SECTION 20. INSURANCE FOR CORPORATE AGENTS
The Board of Directors may adopt a resolution authorizing the purchase
and maintenance of insurance on behalf of any agent of the corporation (in-
cluding a Director, officer, employee or other agent of the corporation) against
any liability other than for violating provisions of law related to self -dealing
(Section 5233 of the California Nonprofit Public Benefit Corporation Law) asserted
against or incurred by the agent in such capacity or arising out of the agent's
status as such, whether or not the corporation would have the power to indemnify
the agent against such liability under the provisions of Section 5238 of the
California Nonprofit Public Benefit Corporation Law.
ARTICLE 6. OFFICERS
SECTION 1. NUMBER OF OFFICERS
The officers of this corporation shall be a President, a Secretary and
a chief financial officer who shall be designated the Treasurer. The corpor-
ation may also have, as determined by the Board of Directors, a Chairperson of
the Board, one or more Vice -Presidents, Assistant Secretaries, Assistant Treasurers,
or other officers. Any number of offices may be held by the same person except
that neither the Secretary nor the Treasurer may serve as the President or
Chairperson of the Board.
SECTION 2. QUALIFICATION, ELECTION, AND TERM OF OFFICE
Any person may serve as officer of this corporation. Officers shall he
elected by the Board of Directors, at any time, and each officer shall hold
office until he or she resigns or is removed or is otherwise disqualified to
serve, or until his or her successor bhal1 be elected and qualified, whichever
occurs first.
SECTION 3. SUBORDINATE OFFICERS
The Board of Directors may appoint such other officers or agents as it
may deem desirable, and such officers shall serve such terms, have such authority,
and perform such duties as may be prescribed from time to time by the Board
of Directors.
SECTION 4. REMOVAL AND RESIGNATION
Any officer may be removed, either with or without cause, by the Board
of Directors, at any time. Any officer may resign at any time by giving
written notice to the Board of Directors or to the President or Secretary of
the corporation. Any such resignation shall take effect at the date of the
receipt of such notice or at any later date specified therein, and unless
otherwise specified therein, the acceptance of such resignation shall not be
necessary to make it effective. The above provisions of this Section 'shall be
superseded by any conflicting terms of a contract which has been approved or
ratified by the Board of Directors related to the employment of any officer
of the corporation.
13
SECTION 5. VACANCIES
Any vacancy caused by the death, resignation,removal, disqualification,
or otherwise, of any officer shall be filled by the Board of Directors. In the
event of a vacancy in any office other than that of President, such vacancy.
may be filled temporarily by appointment by the President until such time
as the Board shall fill the vacancy. Vacancies occurring in the offices
of officers appointed at the discretion of the Board may or may not be filled
as the Board shall determine.
SECTION 6. DUTIES OF PRESIDENT
The President shall be the chief executive officer of the corporation and
shall, subject to the control of the Board of Directors, supervise and control
the affairs of the corporation and the activities of the officers. He or
she shall perform all duties incident to his or her office and such other
duties as may be required by law, by the Articles of Incroporation of this
corporation, or by these Bylaws, or which may be prescribed from time to time
by the Board of Directors. Unless another person is specifically appointed
as Chairperson of the Board of Directors,he or she shall preside at all meetings
of the Board of Directors. If applicable, the President shall preside at all
meetings of the members. Except as other wise expressly provided by law, in
the name of the corporation, execute such deeds, mortgages, bonds, contracts,
checks, or other instruments which may from. time to time be authorized by the
Board of Directors.
SECTION 7. DUTIES OF VICE-PRESIDENT
In the absence of the President, or in the event of his or her inability
or refusal to act, the Vice -President shall perform all the duties of the
President, and when so acting shall have all the powers of, and be subject to
all the restrictions on, the President. The Vice -President shall have other
powers and perform such other duties as may be prescribed by law, by the
Articles of Incorporation, or by these Bylaws, or as may be prescirbed by the
Board of Directors.
SECTION 8. DUTIES OF SECRETARY
The Secretary shall:
Certify and keep at the principal office of the corporation the original,
or a copy of these Bylaws as amended or other wise altered to date.
Keep at the principal office of the corporation or at such other piece
as the Board may determine, a book of minutes of all meetings of the Directors,
and if applicable,. meetings of committees of Directors and of members, recording
therein the time and place of holding, whether regular or special, how called,
how notice therof was given, the namesof those present or represented at the
meeting, and the proceedings thereof.
See that all notices are duly given in accordance with the provisions of
these Bylaws or as required by law.
Be custodian of the records and of the seal of the corporation and see
that the seal is affixed to all duly executed documents, the execution of
which on behalf of the corporation under its seal is authorized by law or by
these Bylaws.
Keep at the principal office of the corporation a membership book con-
taining the name and address of each and any members, and, in the case where
any membership has been terminated, he or she shall record such fact in the
membership book together with the date on which suchmembership ceased.
Exhibit at all reasonable times to any Director of the corporation, or to
his or her agent or attorney, on request therfor, the Bylaws, the membership
book, and the minutes of the proceedings of the Directors of the corporation.
In general, perform all duties incident to the office of Secretary and such
other duties as may be required by law, by the Articles of Incorporation of
this corporation, or by these Bylaws, or which may be assigned to him or her
from time to time by the Board of Directors.
SECTION 9. DUTIES OF TREASURER
Subject to the provisions of these Bylaws relating to the "Execution of
Instruments, Deposits and Funds, `.' the Treasurer shall:
Have charge and custody of, and be responsible for, all funds and securities
of the corporation, and deposit all such funds in the name of the corporation
in such banks, trust companies, or other depositories as shall be selected by
the Board of Directors.
Receive, and give receipt for, monies due and payable to the corporation
from any source whatsoever.
Disburse or cause to be disbursed the funds of the corporation as may
be directed by the Board of Directors, taking proper vouchers for such dis-
bursements.
Keep and maintain adequate and correct accounts of the corporation's
properties and business transactions, including accounts of its assets,
liabilities, receipts, disbursements, gains and losses.
Render to the President and Directors, whenever requested, an account of
any or all of his or her transactions as Treasurer and of the financial condition
of the corporation.
Prepare, or cause to be prepared, and certify, or caused to be certified,
the financial statements to be included in any required reports.
In general, perform all duties incident to the office of Treasurer and
such other duties as maybe required by law, by the Articles of Incorporation
of the corporation, or by these Bylaws, or which may be assigned to him or
her from time to time by the Board of Directors.
SECTION 10. COMPENSATION
The salaries of the officers, if any, shall be fixed from time to time
by resolution of the Board of Directors, and no officer shall be prevented
from receiving such salary by reason of the fact that he or she is also a
Director of the corporation, provided, however, that such compensation paid
a Director for serving as an officer of this corporation shall only be allowed
if permitted under the provision of ARTICLE 5, Section 6, of these Bylaws. In
all cases, any salaried received by officers of this corporation shall be
reasonable and given in return for services actually rendered the corporation
which relate to the performance of the charitable or public purpose. of this
corporation.
ARTICLE 7. •COMMITTEES
SECTION 1. EXECUTIVE COMMITTEE
The Board of Directors. may, by a majority vote of Directors then in office,
designate two (2) or more of its members .(who may also be serving as officers
of this corporation) to constitute an Executive Committee and delegate to such
Committee any of the powers and authority of the Board In the management of
the business and affairs of the corporation, except with respect to:.
(a) The approval of any action which, under law or the provisions of
these Bylaws, requires the approval of the members or of a majority of all
of the members.
(b) The filling of vacancies on the Board or on any committee which has
the authority of the. Board.
(c) The fixing of compensation of the Directors for serving on the Board
or on any committee.
(d) The amendment or repeal of any resolution of the Board which by its
express terms is not so amendable or repealable.
(e) The amendment or repeal of Bylaws or the adoption of new Bylaws.
(f) The appointment of committees of the Board or the members, thereof.
(g) The expenditure of corporate funds to support a nominee for Director
after there are more people nominated for Director than can be elected.
(h) The approval of any transaction to which this corporation is aparty
and in which one or more of the Directors has a material financial interest,
except as expressly provided in Section 5233(d)(3) of the California Nonprofit
Public Benefit Corporation Law.
By a majority vote of its members then in office, the Board may at any
time revoke or modify any or all of the authority so delegated, increase or.
decrease but not below two (2) the number of its members, and fill vacancies
therein from the members of the Board. The Committee shall keep regular
minutes of its proceeding, cause them to be filed with corporate records, and
report the same to the Board from time to time as the Board may require.
SECTION 2. OTHER COMMITTEES
The corporation shall have such other committees as may from time to time
be designated by resolution of the Board of Directors. Such other committees
may consist of persons who are not also members of the Board. These additional
committees shall act in an advisory capacity only to the Board and shall be
clearly titled as "advisory" committees.
SECTION 3. MEETINGS AND ACTION OF COMMITTEES
Meetings and action of committees shall be governed by, noticed, held
and taken in accordance with the provisions of thes.e Bylawsconcerning meetings
of the Board of Directors, with such changes in the context of such Bylaw
provisions as are necessary to substitute the committee and its members for
the Board of Directors and its members, except that the time for regular meetings
of committees may be fixed by resolution of the Board of Directors or by the
committee. The time for special meetings of committees may also be fixed by
the Board of Directors. The Board of Directors may also adopt rules and regulations
pertaining to the condut of meetings of committees to the extent that such rules
and regulations are not inconsistent with the provisions of these bylaws.
ARTICLE 8. EXECUTION OF INSTRUMENTS, DEPOSITS AND FUNDS
SECTION 1. EXECUTION OF INSTRUMENTS
The Board of Directors, except as other wise provided in these Bylaws, may
by resolution authorize any officer or agent of the corporation to enter into
any contract or execute and deliver any instrument in the name of and on behalf
of the corporation, and such authority may be general or confined to specific
instances. Unless so authorized, no officer, agent, or employee shall have any
power or authority to bind the corporation by any contract or engagement or to
pledge its credit or to render it liable monetarily for any purpose or in any
amount.
SECTION 2. CHECKS AND NOTES
Except as otherwise specifically determined by resolution of the Board of
Directors, or as otherwise required by law, checks, drafts, promissory notes,
orders for the payment of money, and other evidence of indebtedness of the
corporation shall be signed by the Treasurer and countersigned by the President
of the corporation.
SECTION 3. DEPOSITS
All funds of the corporation shall be deposited from time to time to the
credit of the corporation in such banks, trust companies, or other depositories
as the Board of Directors may select.
SECTION 4. GIFTS
The Board of Directors may accept on behalf of the corporation any contribu-
tion, gift, bequest, or device for the charitable or public purposes of this
corporation.
ARTICLE 9. CORPORATE RECORDS, REPORTS AND SEAL
SECTION 1. MAINTENANCE OF CORPORATE RECORDS
The corporation shall keep at its principal office in the State of California:
(a) Minutes of all meetings of Directors, committees of the Board, and of all
meetings of members, indicating the time and place of holding such meetings,
whether regular or special, how called, the notice given, and the names of those
present and the proceedings therof.
(b) Adequate and correct books and records of account, including accounts
of its properties and business transactions and accounts of its assets, liabilities,
receipts, disbursements, gains and losses.
(c) A record of its members, indicating their names and addresses and the
class of membership held by each member and the termination date of any member-
ship.
(d) A copy of the corporation's Articles of Incorporation and Bylaws as
amended to date, which shall be open to inspection by the members of the
corporation at all reasonable times during office hours.
17
SECTION 2. CORPORATE SEAL
The Board of Directors may adopt, use, and at will alter, a corporate. seal.
Such seal shall be kept at the principal office of the corporation. Failure
to affix the seal to corporate instruments, however, shall not affect the
validity of any such instrument.
SECTION 3. DIRECTOR'S INSPECTION RIGHTS
Every Director shall have the absolute right at any reasonable time to
inspect and copy all books, records and documents of every kind and to inspect
the physical properties of the corporation.
SECTION 4. MEMBERS' .INSPECTION RIGHTS
Each and every member shall have the following inspection rights, for a
purpose reasonably related to such person's interest as a member:
(a) To inspect and copy the record of all members' names, addresses and
voting rights, at reasonable times, upon (5) business days' prior wirtten
demand on the corporation, which demand shall state the purpose for which the
inspection rights are requested.
(b) To obtain from the Secretary of the corporation, upon written demand
and payment of a reasonable charge, a list of the names, addresses and voting
rights of those members entitled to vote for the election of Directors as of
the most recent record date for which the list has been compiled or as of the
date specified by the member subsequent to the date of demand. The demand shall
state the purpose for which the list is requested. The membership list shall
be made available on or before the later of ten (10) business days after the
demand is received or after the date specified therein as of which the list
is to be compiled.
(c) To inspect at any reaonsable time the books, records, or minutes of
proceedings of the members or of the Board or committees of the Board, upon
written demand on the corporation by the member, for a purpose reasonably
related to such person's interests as a member.
SECTION 5. RIGHT TO COPY. AND MAKE EXTRACTS
Any inspection under the provisions of this Article may be made in person
or by agent or attorney and the right to inspection includes the right to copy
and make extracts.
SECTION 6. ANNUAL REPORT
The Board shall cause an annual report to be furnished not later than one
hundred and twenty (120) days after the close of the corporation's fiscal year
to all Directors of the corporation and, if thiscorporation has members, to
any member who requests it in writing, which report shall contain the following
information in appropriate detail:
(a) The assets and liabilities, including the trust funds, of the corpor-
ation as of the end of the fiscal year.
18
(b) The principal changes in assets and liabilities, including trust funds,
during the fiscal year.
(c) The revenue or receipts of the corporation, both unrestricted and
restricted to particular purposes, for the fiscal year.
(d) The expenses or disbursements of the corporation, for both general
and restricted purposes, during the fiscal year.
(e) Any information required by Section 7 of this Article.
The annual report shall be accompanied by any report thereon of independent
accountants, or, if there is no such report, the certificate of an authorized
officer of the corporation that such statements were prepared without audit
from the books and records of the corporation.
If this corporation has more than one hundred (100) members or more than
ten thousand dollars ($10,000) in assets at any time during the fiscal year,
this corporation shall automatically send the above annual report to all members,
in such manner, at such time, and with such contents, including an accompanying
report from independent accountants or certification of a corporate officer,
as specified by the above provisions of this Section relating to the annual
report.
SECTION 7. ANNUAL STATEMENT OF SPECIFIC TRANSACTIONS TO MEMBERS
Because this corporation has members and provides them with an annual report
to all members according to the provisions of Section 6 of this Article, then
such annual report shall include the information required by this Section. ff
an annual report is not required to be sent to the members, then this corporation
shall mail or deliver to all members a statement within one hundred and twenty
(120) days after the close of its fiscal year which briefly describes the amount
and circumstances of any indemnification or transaction of the following kind:
(a) Any transaction in which the corporation, or its parent or its sub-
sidiary was a party, and in which either of the following had a direct or indirect
material financial interest:
(1) any director or officer of the corporation, or its parent
or subsidiary (a mere common directorship shall not be considered a material
financial interest); or
(2) any holder of more than ten percent (10%) of the voting power of
the corporation, its parent or its subsidiary.
The above statement need, only be provided with respect to a transaction
during the previous fiscal year involving more than forty thousand dollars
($40,000) or which was one of a number of transaction with the same person
involving, in the aggregate, more than forty thousand dollars ($40,000).
Similarly, the statement need only be provided with respect to indemnifications
or advances aggregating more than ten thousand dollars ($10,000) paid during the
previous fiscal year to any Director or officer, except that no such statement
need be made if such indemnification was approved by the members pursuant to
Section 5238(e)(2) of the California Nonprofit Public Benefit Corporation Law.
19
Any statement required by this Section shall breifly describethe names
of the interested persons involved in such transactions, stating each person's
relationship to the corporation, the nature of such person's interest in the
transaction and, where practical, the amount of such interest; provided, that
in the case of a transaction with a partnership of which such person is a partner,
only the interest of the partnership need be stated.
ARTICLE 10. FISCAL YEAR
SECTION 1. FISCAL YEAR OF THE CORPORATION
The fiscal year of the corporation shall begin on the first day of July and
end on the last day of June in each year.
ARTICLE 11. BYLAWS
SECTION 1. AMENDMENT
Subject to any provision of law applicable to the amendment of Bylaws of
public benefit nonprofit corporations, these Bylaws, or any of them, may be
altered, amended, or repealed and new Bylaws adopted as follows:
(a) subject to the power of the members, to change or repeal them, by
approval of the Board of Directors unless the Bylawamendment would materially
and adversely affect the rights of members, as to voting or trasfer, provided,
however, if this corporation has admitted any members, then a Bylaw specifying
or changing the fixed number of Directors, or changing from a fixed to variable
Board or vice versa, may not be adopted, amended, or repealed except as provided
in subparagraph (b) of this section.
ARTICLE 12. AMENDMENT OF ARTICLES
SECTION 1. AMENDMENT OF ARTICLES BEFORE ADMISSION OF MEMBERS
Before any members have been admitted to -the corporation, any amendment
of the Articles of Incorporation may be adopted by approval of the Board of
Directors.
SECTION 2. AMENDMENT OF ARTICLES AFTER ADMISSION OF MEMBERS
After members, have been admitted to the corporation, amendment of the
Articles of Incorporation may be adopted by the approval of the Board of
Directors and by the approval of the members of this corporation.
SECTION 3. CERTAIN AMENDMENTS
Notwithstanding the above Sections of this Article, this corporation shall
not amend its Articles of Incorporation to alter any statement which appears
in the original Articles of Incorporation and of the names and addresses of the
first. Directors of this corporation nor the name and address of its initial
agent, except to correct an error in such statement or to delete either statement
after the corporation has filed a "Statement by a Domestic Non-Proft Corporation"
pursuant to Section 6210 of the California Nonprofit Corporation Law.
20
ARTICLE 13. PROHIBITION AGAINST SHARING
CORPORATE PROFITS AND ASSETS
SECTION 1. PROHIBITION AGAINST SHARING CORPORATE PROFITS AND ASSETS
No member, Director, officer, employee, or other persor connected with this
corporation, or any private in2ividual, shall receive at any time any of the
net earnings or pecuniary profit from the operations of the corporation, provided,
however, that this provision shall not prevent payment to any such person or
reasonable compensation for services performed for the corporation in effecting
any of its public or charitable purposes, provided that such compensation is
otherwise permitted by these Bylaws and is fixed by resolution of th Boaard of
Directors; and no such person or persons shall be entitled to share in the
distribution of, and shall not receive, any of the corporate assets on dis-
solution of the corporation. All members, of the corporation shall be deemed to
have expressly consented and agreed that on such dissolution or winding up of
the affairs of the corporation, whether voluntarily or involuntarily, the assets
of the corporation, after all debts have been satisfied, then remaining in the
hands of the Board of Directors, shall be distributed as required by the Articles
of Incorporation of this corporation and not otherwise.
WRITTEN CONSENT OF DIRECTORS ADOPTING BYLAWS
We, the undersigned, are all of the persons named as the initial Directors
in the Articles of Incorporation of the Environmental Health Coalition, a California
nonprofit corporation, and, pursuant to the authority granted to the Directors
by these Bylaws to take action by unanimous written consent without a meeting,
consent to, and hereby do, adopt the foregoing Bylaws, consisting of 21 pages,
as the Bylaws of this corporation.
Dated:
CERTIFICATE
This is to certify that the foregoi
Bylaws of the corporation named in the
duly adopted by the Board of Directors
forth above.
Dated:
ng is a true and correct copy of the
title thereto and that such Bylaws were
of said corporation,.on the date set
-./1 tofu(
Secretary
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: KA
'IL`�.,.'�"z1p' CERTIFICATE OF LIABILITY INSURANCE
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06/17/11
THIS CERTIFICATE 1S 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. TIBB CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: M the cedlficate holder is an ADDITIONAL INSURED, the polioy(I!st must bs endorsed, if SUBROGATION IS WAIVED, subject to
the lemma and conditions of the policy, certain policies may require an endowment. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsementis).
PRODUCER 888-462 2200
Wat.Adge insurance Services 8!M•4a2.6004
10717 Soninto Valley Rd.
San Diego, CA 92121
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CERTI TENDER
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CITY OF NATIONAL CITY
RISK MANAGER
1243 NATIONAL CITY BLVD
NATIONAL CITY. CA 91960•4397
NCCITYI
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE MILL BE DELIVERED N
ACCORDANCE WREN THE POLICY PROVISIONS.
AUTHORIZED RgRE$!MTA nV
Jeffrey H. Byroads
ACORD 26 (2009/09)
0 1988-2009 ACORD CORPORATION. All rlahta reserved.
The ACORD name and logo are registered maMla of ACORD
POLICY NUMBER:
COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL. LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional insured Person(*) Or OrganIzatton(s)
Any person or organization that you are required to add as an additional insured on this policy, under
a written contract or agreement currently In effect, or becoming effective during the term of this policy.
The additional Insured status will not be afforded with respect to liability arising out of or related to
your activities as a real estate manager for that person or organization.
Information required to complete this Schedule, If not shown above, will be shown in the Declarations.
Section II — Who Is An Insured Is emended to in-
clude as an additional insured the person(s) or organi-
zation(s) shown in the Schedule, but only with respect
to liability for "body injury", "property damage" or
"personal and advertising Injury" caused, In whole or
in part, by your ads or omissions or the acts or omis-
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A. In the performance of your ongoing operations; or
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CERTHOLDER COPY
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 BUBO-4301
SD
GROUP:
FCLICY NUMBER: 0683511-2011
CERTIFICATED 22
CERTIFICATE EXPIRES: 04-01-2012
04-01-2011/04-01-2012
THIS CERTIFICATE SUPERSEDES AND CORRECTS
CERTIFICATE A 20 DATED 04-01-2011
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 10 days advance written notice to the employer.
We will also give you 10 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 Fs subject to all the terms. exclusions, and conditions, of such policy.
Authorized Representative
President and CEO
EMPLOYER'S LIABILITY LINIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENOORSEMEItIT P0016 ENTITLED ADDITIONIL INSURED EMPLOYER EFFECTIVE 2004-04-01 Is
ATTACHED TO AND FORS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED:
CITY OF NATIONAL CITY
ENDORSEMENT 12570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2011-07-06 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NNY E;
CITY OF NATIONAL CITY
EMPLOYER
ENVIRONMENTAL HEALTH COALITION (A NON-PROFIT
CORP.) DOA:ENVIRONMENTAL HEALTH COALITION
5600 PACIFIC HLVD 0 203
HUNTINGTON PARK CA 80255
iREV.e-201D4
[JAN,QN]
PRINTED : 07-08-2011
SD
aX
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 COBG 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
Michael R. Della, City Clerk
PROVED A _ TO FORM:
G. Sil ':; 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
D
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
$
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 6560,971.00 and 575,167 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
Activity 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
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
Clty of National City Development Services Department
Pedestrian Safety and Accessibility Enhancements for National City Public Library- National
Clty Blvd. and E. 15th St.
$
120,00D 00
0
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
$
144,251.80
nia
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
n/a
City of National City Community Development Department
Housing Development Fund
$
572,500.00
n/a
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.
211)
City Jerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
't o :: - \ -
MEETING DATE: May 3, 2011
AGENDA ITEM NO. 16
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 (HUD). (Community Development, (lousing
and Grants)
PREPARED BY: Carlos J. Aguirre, (619) 336-43916k DEPARTMEN om ,ity D-. -lopment
APPROVED BY
EXPLANATION:
The Annual Action Plan for FY 2011-2012 outlines how the City plans to expend $986,238 in federal Community
Development Block 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
Resolution is based on new estimates released by IIUD on April 25, 2011. Activities in lower rank that were not covered by
_tie 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.
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED: (i
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=��o. 'd0�1
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. Diane Takvorian
The Environmental Health Coalition
2727 Hoover Avenue, Suite 202
National City, CA 91950
Dear Ms. Takvorian,
On July 1st, 2011, an Agreement was entered between the City of National City
and The Environmental Health Coalition.
We are enclosing for your records a fully executed original agreement.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Housing & Grants Division