HomeMy WebLinkAbout2012 CON Trauma Intervention Programs of SD - CDBG 12-13 Sub-RecipientAGREEMENT BETWEEN
CITY OF NATIONAL CITY
AND
TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO COUNTY, INC.
FOR
TRAUMA INTERVENTION PROGRAM
THIS AGREEMENT, entered this 1st day of July, 2012 by and between the Citv of National City
(herein called the "Grantee") and the Trauma Intervention Programs Of San Diego County, Inc.
(herein called the "Subrecipient.")
WHEREAS, the Grantee has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law
93-383; and
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such
funds;
NOW, THEREFORE, it is agreed between the parties hereto that;
SCOPE OF SERVICE
A. Activities: The Subrecipient will be responsible for administering the program titled,
Trauma Intervention Program in a manner satisfactory to the Grantee and consistent
with any standards required as a condition of providing these funds. Such program will
include activities eligible under the Community Development Block Grant ("CDBG")
program, as specified in Exhibit A attached and incorporated herein.
B. National Objectives: All activities funded with CDGB funds must meet one of the CDBG
program's National Objectives: benefit low- and moderate -income persons; aid in the
prevention or elimination of slums or blight; or meet community development needs
having a particular urgency, as defined in 24 CFR 570.208.
The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet
the National 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 1st day of July. 2012 and end on the 30th day of
June of 2013. The term of this Agreement and the provisions herein shall be extended to cover
any additional time period during which the Subrecipient remains in control of CDBG funds or
other CDBG assets, including program income.
III. BUDGET
Any indirect costs charged must be consistent with the conditions of Paragraph VII (C)(2) of
this Agreement. Subrecipient shall adhere to the Budget, attached as Exhibit B and
incorporated herein. Both the Grantee and the Subrecipient must approve any amendments to
the Budget in writing.
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IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under
this Agreement shall not exceed Eight Thousand Dollars ($8,000.00). Drawdowns for the
payment of eligible expenses shall be made against the Budget line items specified in
Paragraph III herein and in accordance with performance. Expenses for general administration
shall also be paid against the Budget line items specified in Paragraph III and in accordance
with performance. Payments may be contingent upon certification of the Subrecipient's
financial management system in accordance with the standards specified in 24 CFR 84.21.
Payment shall be contingent upon HUD's delivery of payment to City.
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:
Girantee
:Sliblpi.
Contact Person:
Carlos Aguirre
Contact Person:
Shay Gebler
Organization:
City of National City
Organization:
Trauma Intervention Programs of San Diego
County, Inc.
Address: 1243 National City Boulevard
National City, CA 91950-4301
Address: 2560 Orion Way
Carlsbad, CA 92010
Telephone:
(619) 336-4391
Telephone:
(760) 931-2104
Email:
caguirre@nationalcityca.gov
Email:
sgebler@tipssandiego.org
VI. GENERAL CONDITIONS
A. General Compliance: The Subrecipient agrees to comply with the requirements of
Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban
Development regulations concerning Community Development Block Grants (CDBG))
including subpart K of these regulations, except that (1) the Subrecipient does not
assume the recipient's environmental responsibilities described in 24 CFR 570.604 and
(2) the Subrecipient does not assume the recipient's responsibility for initiating the
review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to
comply with all other applicable Federal, state and local laws, regulations, and policies
governing the funds provided under this contract. The Subrecipient further agrees to
utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available.
B. "Independent Contractor": Nothing contained in this Agreement is intended to, or
shall be construed in any manner, as creating or establishing the relationship of
employer/employee between the parties. The Subrecipient shall at all times remain an
"independent contractor" with respect to the services to be performed under this
Agreement. The Grantee shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Workers'
Compensation Insurance, as the Subrecipient is an independent contractor.
C. Hold Harmless: The Subrecipient shall hold harmless, defend and indemnify the
Grantee from any and all claims, actions, suits, charges and judgments whatsoever that
arise out of the Subrecipient's performance or nonperformance of the services or subject
matter called for in this Agreement.
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D. Workers' Compensation,: The Subrecipient shall comply with all of the provisions of
the Workers' Compensation Insurance and Safety Acts of the State of California, the
applicable provisions of Division 4 and 5 of the California Government Code and all
amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the Grantee and its elected officials, officers, and
employees from and against all claims, demands, payments, suits, actions, proceedings
and judgments of every nature and description, including reasonable attorney's fees and
defense costs presented, brought or recovered against the Grantee or its elected
officials, officers, employees, or volunteers, for or on account of any liability under any
of said acts which may be incurred by reason of any work to be performed by the
Grantee under this Agreement.
Insurance & Bonding: The Subrecipient, at its sole cost and expense, shall purchase
and maintain, and shall require its subcontractors when applicable, to purchase and
maintain throughout the term of this agreement, the following insurance policies
attached as Exhibit F:
❑ 1. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
2. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of
$1,000,000 combined single limit per accident. Such automobile insurance shall include
owned, non -owned, and hired vehicles ("any auto").
3. Commercial general liability insurance, with minimum limits of
$1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and
property damage arising out of its operations under this Agreement.
4. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of Subrecipient's employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be
endorsed with a waiver of subrogation in favor of the Grantee. Said endorsement shall
be provided prior to commencement of work under this Agreement.
5. The aforesaid policies shall constitute primary insurance as to the
Grantee, its officers and employees, so that any other policies held by the Grantee shall
not contribute to any loss under said insurance. Said policies shall provide for thirty
(30) days prior written notice to the Grantee of cancellation or material change.
6. Said policies, except for the professional liability and workers'
compensation policies, shall name the Grantee and its elected officials, officers, agents
and employees as additional insureds, and separate additional insured endorsements
shall be provided.
7. If required insurance coverage is provided on a "claims made" rather
than "occurrence" form, the Subrecipient shall maintain such insurance coverage for
three years after expiration of the term (and any extensions) of this Agreement. In
addition, the "retro" date must be on or before the date of this Agreement.
8. Any aggregate insurance limits must apply solely to this Agreement.
9. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the National City Risk Manager. In the event
coverage is provided by non -admitted "surplus lines" carriers, they must be included on
the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and
otherwise meet rating requirements.
10. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the National City Risk Manager. If the Subrecipient does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the Grantee may elect to treat the failure to maintain the requisite
insurance as a breach of this Agreement and terminate the Agreement as provided
herein.
11. All deductibles and self -insured retentions in excess of $10,000 must
be disclosed to and approved by the Grantee.
The Subrecipient shall carry sufficient insurance coverage to protect contract assets from
loss due to theft, fraud and/or undue physical damage, and as a minimum shall
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purchase a blanket fidelity bond covering all employees in an amount equal to cash
advances from the Grantee. The Subrecipient shall comply with the bonding and
insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance.
F. grantee Recognition: The Subrecipient shall insure recognition of the role of the
Grantee in providing services through this Agreement. All activities, facilities and items
utilized pursuant to this Agreement shall be prominently labeled as to funding source. In
addition, the Subrecipient will include a reference to the support provided herein in all
publications made possible with funds made available under this Agreement.
G. Amendments: The Grantee or Subrecipient may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement, and are
executed in writing, signed by a duly authorized representative of each organization, and
approved by the Grantee's governing body. Such amendments shall not invalidate this
Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under
this Agreement.
The Grantee may, in its discretion, amend this Agreement to conform with Federal, state
or local governmental guidelines, policies and available funding amounts, or for other
reasons. If such amendments result in a change in the funding, the scope of services, or
schedule of the activities to be undertaken as part of this Agreement, such modifications
will be incorporated only by written amendment signed by both Grantee and
Subrecipient.
H. Suspension or Termination: In accordance with 24 CFR 85.43, the Grantee may
suspend or terminate this Agreement if the Subrecipient materially fails to comply with
any terms of this Agreement, which include (but are not limited to) the following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein,
or such statutes, regulations, executive orders, and HUD guidelines, policies or
directives as may become applicable at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner
its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the Grantee reports that are incorrect or
incomplete in any material respect.
The Grantee shall have the right, in accordance with 24 C.F.R. 85.43, to terminate this
Agreement immediately or withhold payment of invoice for failure of the SUB -RECIPIENT
to comply with the terms and conditions of this Agreement. Should the Grantee decide
to terminate this Agreement, after a full evaluation of all circumstances has been
completed, the Subrecipient shall, upon written request, have the right to an appeal
process. A copy of the appeal process will be attached to any termination notice.
If the Grantee finds that the Subrecipient has violated the terms and conditions of this
Agreement, the Subrecipient may be required to:
1. Repay all monies received from the Grantee under this Agreement; and/or
2. Transfer possession of all materials and equipment purchased with grant money to
the Grantee.
In the case of early termination, a final payment may be made to the SUB -RECIPIENT
upon receipt of a Final Report and invoices covering eligible costs incurred prior to
termination. The total of all payments, including the final payment, shall not exceed the
amount specified in this Agreement.
I. Termination for Convenience: In accordance with 24 CFR 85.44, this Agreement
may also be terminated for convenience by either the Grantee or the Sub -recipient, in
whole or in part, by setting forth the reasons for such termination, the effective date,
and, in the case of partial termination, the portion to be terminated. However, if in the
case of a partial termination, the Grantee determines that the remaining portion of the
award will not accomplish the purpose for which the award was made, the Grantee may
terminate the award in its entirety. Grantee and sub -recipient agree to provide written
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notice to the other party thirty (30) days prior to the effective date of any termination,
in whole or part, for convenience. In the event that HUD withdraws any portion of the
City's CDBG funds, the City shall not be obligated to reimburse the Sub -recipient or sub-
contractor for any activity expense incurred or otherwise. City will notify Sub -recipient or
subcontractor if such event by HUD occurs.
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 Keening
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. Reporting and Payment Procedures
1. Program Income: The Subrecipient shall report quarterly all program income (as
defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds
made available under this contract. The use of program income by the Subrecipient
shall comply with the requirements set forth at 24 CFR 570.504. By way of further
limitations, the Subrecipient may use such income during the contract period for
activities permitted under this contract and shall reduce requests for additional funds
by the amount of any such program income balance on hand. All unexpended
program income shall be returned to the Grantee at the end of the contract period.
Any interest earned on cash advances from the U.S. Treasury and from funds held in
a revolving fund account is not program income and shall be remitted promptly to
the Grantee.
2. Indirect Costs: If indirect costs are charged, the Subrecipient will develop an
indirect cost allocation plan for determining the appropriate Subrecipient's share of
administrative costs and shall submit such plan to the Grantee for approval, in a
form specified by the Grantee.
3. Payment Procedures: The Grantee will pay to the Subrecipient funds available
under this Agreement based upon information submitted by the Subrecipient and
consistent with the approved Budget and Grantee policy concerning payments. With
the exception of certain advances, payments will be made for eligible expenses
actually incurred by the Subrecipient, and not to exceed actual cash requirements.
Payments will be adjusted by the Grantee in accordance with advance fund and
program income balances available in Subrecipient accounts.
In addition, the Grantee reserves the right to liquidate funds available under this
contract for costs incurred by the Grantee on behalf of the Subrecipient.
4. Progress Reports: The Subrecipient shall submit regular Progress Reports to the
Grantee in the form, content, and frequency as required by the Grantee.
D. Procurement:
1. Compliance: The Subrecipient shall comply with current Grantee policy concerning
the purchase of equipment and shall maintain inventory records of all non -
expendable personal property as defined by such policy as may be procured with
funds provided herein. All program assets (unexpended program income, property,
equipment, etc.) shall revert to the Grantee upon termination of this Agreement.
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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 Minority -Owned Businesses (W/MBEI: 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. Eaual 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 Trauma Intervention Programs of San
Diego County, Inc.
Morrison
ayor, City of National City
AP
Cla
City Atto
1 ED AS TO FORM
1,1
ATTEST
A
Michael Dalla
City Clerk
i
Shay Gebler
Executive Di tor;
Kelly Cain
President
Subrecipient Agreement
Page 14 of 14
EXHIBIT A
SCOPE OF SERVICES
1. The Trauma Intervention Program consists of the following activities:
Overall Project Goal (Please list any additional goals or objectives on another page.)
Citizen volunteers will provide immediate support to approximately 200 individual
emotionally traumatized citizens of National City after suffering a tragic event.
Police, Fire, and medical personnel will request TIP volunteers whenever
assistance is needed.
Objective #1
Respond within 20 minutes to approximately 10-12 emergency scenes per quarter
to provide resources, emotional and practical support to traumatized citizens.
Obje+thve'#2
Assist 20-40 emergency responders quarterly be relieving them of the
responsibility of caring for the emotionally traumatized individuals, allowing them
to return to service more quickly.
Objective #3
Hold a TIP training academy and train 10-15 individuals to respond to TIP calls.
2. The following lists the staff and time commitments to be allocated to activity listed above.
Staff Member llaand Title
Hours Allocated
Elly Harris, Crisis Team Manager/National Trainer
28 hours/week
3. Billing Method: Monthly Quarterly x
Other explain:
4. List the type of supporting documentation to be provided:
Copies of employee timesheets
5. List the major/key activity milestones:
Major Activity
Milestones
Month
1
2
3
4
5
6
7
8
9
10
11
12
Examples:
Program Implementation
x
x
x
x
x
x
x
x
x
x
x
x
Provide Program Services
x
x
x
x
x
x
x
x
x
x
x
x
Agency Name:
Activity Name:
EXHIBIT B
BUDGET
Trauma Intervention Program
Crisis Intervention
Description
CDBG
BUDGET
OTHER
RESOURCES
TOTAL
BUDGET
1) Personnel (Direct labor)
23,920.00
Crisis Team Manager
5,000.00
18,920.00
2) Fringe Benefits
3) Travel
4) Supplies and Materials
Training/Supplies
1,500.00
2,000.00
3,500.00
Resources
500.00
3,500.00
4,000.00
5) Sub Total for Direct Costs
6) Indirect Costs (Overhead)
Liability Insurance
1,000.00
5,000.00
6,000.00
TOTAL
$
8,000
29, 420
37, 420
EXHIBIT C -
BOARD OF DIRECTORS/
BY LAWS
TIP
TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO COUNTY, INC.
BOARD OF DIRECTORS
2011-12
Kelly Cain, President
Lieutenant
Carlsbad Police Department
Ken Matsumoto, Vice -President
Division Chief
Oceanside Fire Department
Debbie Fountain, Treasurer
City of Carlsbad
Director of Housing and Redevelopment
Joe Young, Secretary
Lieutenant
Oceanside Police Department
Joseph Adelizzi, Member
Attorney at Law
Curt Browning, Member
Federal Police Officer
Camp Pendleton Provost Marshal's Office
David Bond, Member
Lieutenant
La Mesa Police Department
TIP
Trauma Intervention Programs of San Diego County, Inc.
ADVISORY BOARD MEMBERS
Retired Sergeant Tom Bussey
Oceanside Police Department, Retired
David Ott
City of Solana Beach, Fire Chief
Susan Lund, MFT
Heritage Clinic
Chief Alan Lanning
SD County Police Chiefs and Sheriff's Association
John Lundbiad
City of Oceanside, Management Analyst & CDBG Coordinator
Dr. Glenn Wagner, Chief Medical Examiner
San Diego County Medical Examiner's Office
Chief Kevin Crawford
Fire Chief, City of Carlsbad
Chris Saunders
Thomas Jefferson School of Law
Holly Grubs -Richardson, Esq.
Jack Feller
Councilmember, City of Oceanside
1805103
ENDORSED
FILED
iv* hr • ,v1 ••• ,••••••••7 (74 Sank-
wi Um* • (..110ornw,
JAN -
tiAkei LAG U. rzuci.w) at &lat.
ARTICLES OF INCORPORATION
(.?l• SAJ IH5Co :
The name cf thio
COUNT'C, 11:c.
11
This corporation is a nonprofit public benefit corporn
not 3rdantzed for the private gain of any person. It is organiz.
ibriprofit Public Benefit Corporation Law for chari
111
o
tratimntic events receive the emotional and practicol supoo:z !:
Immediately follo-,:inci the traumatic occurrence 1.:.y
rn.iponders and citizens nnd tochnicin
trauma intervention,
Arjont :o:
Mr. Wayne Fort
i/vrrauma Intervention Programs of San Diego County, Ino.
Carlsbad Safety Center
2560 Orion Way
Carlsbad, CA 92008
1
IV
A. This corporation is organized and oper;iteO
educational anA charitable purposes within the moaning of .-7!•:.!:ion
r.:1 the Internal Revenue Code.
E. ;:o substantial part of the activities of this corpocato:ai
consist of carrying on propaganda or otherwise attempting to
ItjisLition, and the corporation shall not participate or inter,..ono
camaign (including the publishing or distribution o(
nEehi)lt of any candidate for public office.
The property of this corporation is irrevocably dedicard to voilcit
charitable purposes and no part of the net inc000 or
corporation shall ever inure to the benefit of any director, o;':
member thereof or to the benefit of any private person. ipfln
th
dissolution or winding up of the corporation, its asotb
payment, or provision for payment, of all its debts 3Pd 1o:
corpotatin iAall be distritted to a noni;rc:
corpora7.ion which is organized and operated exclusiveiy for
.taritable purposes and which has established its ta:.: exempt
aftion 501 (c) (3) of the Internal Revenue Code.
IN wirilEs THEPEOF, or the purpose of forming the corporation lirLH;
of the State ot California, the undersigned 11,1s e.;:ocuted
incbrporation.
ync•
BYLAWS OF
TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO COUNTY, INC.
A California Public Benefit Corporation
ARTICLE I: Name, Office
,Section 1.111 Nance of the Corporation
The name of this Corporation shall be TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO
COUNTY, INC. (hereinafter referred to as the "Corporation").
Section 1.02 Principal Office
The principal executive office for the transaction of the business of the Corporation is located in the State of
( 'al itirrnia, (:'ounty of San Diego.
The Board of Directors (hereinafter referred to as the "BOD") may change the principal office from one
location to another. Any change of this location shall be noted by the Secretary on these Bylacvs opposite
this section. of this section may be amended to state the new location.
,Section 1.03 Other Of/ices
'fhe 130D or their designee may at any time establish branch or subordinate offices at any place or places
where the Corporation is qualified to do business.
ARTICLE 2: Purpose
Section 101 - Putpose
The general purpose of this Corporation is to ensure that victims of traumatic events receive the emotional
and practical support they need immediately following the traumatic occurrence.
Section 2.02 Nonpartisan Activities
I'his Corporation has been formed under the California Corporation Law for the purpose described herein at
Article 2, Section 2.01, and it shall be nonprofit and nonpartisan. No substantial part of the activities ()like
Corporation shall consist of the publication or dissemination of materials with the purpose of attempting to
influence legislation, and the Corporation shall not participate or intervene in any political campaign on
behalf of any candidate for public office or for or against any cause or measure being submitted to the people
for a vote.
The Corporation shall not, except.in an insubstantial degree, engage in any activities or exercise any pokers
that are not in furtherance of the purpose described above.
"lrairma Intervention Programs
r11..
ARTICLE 3: Membership and Meetings
,Secrimr 3-t)1 I''wing Members of the Corporation
Voting members shall consist of the members of the BOD of the Corporation. Effective July 1. 11)% and
thereafter, no voting member shall be an active program volunteer.
,Section 3,02 Honorary Members
Any individual or organization that subscribes to the purposes and basic policies of the Corporation and
whose admission will contribute to the Corporation's ability to carry out its charitable and educational
purposes may become an honorary member of the Corporation.
,Section 3.03 - Application fOr Membership to the Board of Directors
Applications for membership to the BOD shall be submitted by the Executive Director or the ROD of the
('orporation on a written form prescribed and approved by the BOD. The Executive Director shall transmit
such applications for consideration to the BOD who shall evaluate such applications in order to determine
the applicant's eligibility for membership. Membership shall be conferred upon the applicant by a simple
majority of the votes cast at a regular or special meeting of the BOD or by a simple vote though a written
ballot emailed to the members at the direction of the BOD.
Section 3.04 Application.for Honorary and Advisory Membership
I lonorary and advisory membership shall be conferred upon the individual by a simple majority ofthc votes
cast at a regular or special meeting of the BOD or by email vote.
,Section 3.05 Rights of Directors
I .ach member of the Corporation shall be entitled to one vote on each matter submitted to a vote at the
meeting of the BOD, except to the extent that the voting rights are limited or denied by the Articles of
incorporation. No member shall be entitled to any dividend or any part of the income of the Corporation or
to share in the distribution of the corporate assets upon the dissolution of the Corporation.
,Section 3.06 Rights of Honorary and Advisory Members
i lonorary and advisory members shall have all the rights and privileges of this Corporation except that they
shall not vote or hold office. No honorary member shall be entitled to any dividend or any part of the
income of the Corporation or to share in the distribution of the corporate assets upon the dissolution of the
Corporation.
1...otona Intervention Programs
. „ors
Se ctio,l 3. (7 -- Resignation of Directors, Honorary, & Advisory Members
Any BOD member or honorary member or advisory member may resign from the Corporation by ilelivt rims
a written resignation to the President, Secretary, or Executive Director of the Corporation.
,Section 3.0N Termination of Honorary Membership
Any honorary and advisory member may be removed with or without cause at any time by the affirmative
vote ofa majority of the members of the Corporation present at a meeting of the BOD. This scclirm wav he
amended or repealed only by a vote ofa majority of all members of the Corporation al a meeting of the
,Secviror 3.1)9 Annuai Meeting of the Board of Directors
'i'here shall be an annual meeting each year of the BOD of this Corporation, to he held in the ('ountn of San
Diego. State of California. The annual meeting will serve as an annual BOD evaluation to determine the
action and direction of the Corporation toward meeting it's mission and goals.
,Pion 3. I U Regular Meetings
The BOD members shall meet at a time and place determined by the BOD, with a minimum of three (. )
meetings held per year.
Section 3.11 ('ancellation of Meetings
The Executive Director, with concurrence ofa majority of the members ofthc BOD. may cancel meetings.
or change the date, time or place of meetings under special circumstances.
h'eetion 3.12 Adjournment
A majority of the members present, whether or not continuing a quorum. may adjourn any meeting of the
1101) to another time or place.
,Section 3.13 Volun/eer Liaison to the Board of Directors
Each geographical volunteer team will have the opportunity to appoint a volunteer liaison to act as a non-
voting member of the board and report back to the other TiP volunteers as to the current BOD activities.
ARTICLE; 4 — Board of Directors
,Section 1.111 Powers
(a) l'he activities. affairs and property of the Corporation shall be managed, directed and controlled. anti its
Trauma ma Intervention Programs
nv.v
a
powers executed by. and vested in, the BOD or their duly appointed representative.
(b) Select and remove the Executive Director of the Corporation; prescribe any powers and duties for
him/her that are consistent with the law, with the Articles of Incorporation, and with the Bylaws: and Iix the
compensation.
(c) Adopt, make and use a corporate seal; prescribes forms of membership cell ticates: and alter the Dorm of
the seal and certificate.
(d) Borrow money and incur indebtedness on behalf of the Corporation and cause to he executed and
delivered for the Corporation's purposes, in the corporate name, promissory notes. bonds. debentures. deeds
of'trust, mortgages. pledges, hypothecation and other evidence of debt and securities.
Section 4.112 Number, Election, Term
The ROD shall consist of at least five (5) persons who are elected for two year terms. All terms shall expire
in the month of June with one-half of the terms expiring in the even numbered years and one-half the terms
expiring in the odd numbered years. Elections of the members shall be held in June of each year \vith the
term beginning in July.
,S'eclion 4.1)3 Removal
A fIO1) member may be removed with cause at any time by the affirmative vote of majority ol'thr members
of the Corporation present at a noticed meeting of the 13OD, the notice of which shall have specified the
proposed removal. This section may be amended or repealed only by vote of a majority of all members of
the Corporation at a meeting of the BOD. A pattern of five (5) or more absences may result in their removal
front the BOD. A member for personal reasons may request a leave of absence subject to approval ol'the
1.301).
,Section 4.1)4 Vacancies
Whenever the number of BOD members shall for any reason be Tess than the authorized number_ the vacane\
may he filled by a majority of the remaining members. though less than a quorum. or by sole remaining
member.
.Section 4.05 Quorum
The quorum for the transaction of business at any properly noticed meeting of the 1OI) shall consist of a
minimum of three (3) members of which two (2) must be Officers of the BOD.fieclion .I.116 Special
Meeting o/ the Board of Directors
Special meeting of the BOD may be called by the President or Vice President and must be called by either of
them on the written request of any three (3) members or a petition signed by 20% of the members of the
l ru,11110 lillcrventiOn prOgretm,S
( orporatlon.
Sec/ion 4.0' Notice of Meeting
Notice of all meetings of the BOD, except as herein lather otherwise
up a! b Sd.iess shall
obegiven
btddremailing
nl the
emailing the same at least five (5) days before the meeting
members but such notice may be waived by any member. Each such notice shall state the general business
to be transacted, the day, time and place of such meeting and in heldthe w as rot se of specsal an eetii ngs, an and pwhose
request it was called. Regular meetings of the BOD may be
shall he determined by the member. Any business may be transacted at any regularly called mectino or the
BOD.
Section a. flh' Action by Board of
Directors without a Meeting
ng
if
bers
Any action required or permitted to be taken by tine BOD
�in including rig email.taken without a lI helwrine t leolisent � r
shall individually or collectively consent in writ g tothe action,
consents shall be filed with the minutes of hef the proceedings
of the BOD, and the action taken shall have the
same force and effect as a unanimous
voteSection -1.09 ('umpensatinnlReimbursements
The members and Officers of the Corporation shall serve as such without salary. but the 1301) may authorize
reimbursements for reasonable expenses incurred by the members or Officers in the performance of their
duties.
Section -1.1 f) .. ('ontracts with Board of Directors
No member or Officer of the Corporation shall be interested, directly or indirectly. in any eontracl relat ink to
the operations conducted by it, nor in any contract for furnishing services to it. unless (i t such contract shall
be authorized by the entire BOD majority and voting at a meeting at which the presence of such member is
not necessary to constitute a quorum and the vote of such member is not necessary for such authorization:
and (ii) the facts and nature of such interest shall have been fully disclosed or shown to the members of the
BOD present at the meeting at which such contract is so authorized.
.Section 4.11 Board Member Responsibilities
I'hc; responsibilities of the Board of Directors will include:
(a) Serve as a "Roving Ambassador" for the Corporation, to promote the Corporation wherever upportunit�
arises.
(b) tic willing to allow the Corporation to identify him or her as a Board rcmhcr fNl C(Nporith' kt'!k 1''1cRI
web .site and event programs.
Trauma Intervention Programs
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(c) Provide moral support to the staff of the Corporation, in addition to leads, contacts or introductions that
will be helpful in fundraising, volunteer recruitment, and/or program expansion.
(d) Attend the annual Advisory Board meeting, annual fundraising events, volunteer continuing education
meetings, and the other activities of the Corporation as designated by the BOD.
(e) Participate as an active committee member in support of the annual Heroes on Scene ti,ndraisimLL r\ tun
and attend the event.
(f) Recruit other appropriate Board members.
(g) Provide annual contributions to the Corporation through fundraising efforts or other means,
(h) Support the Executive Director in securing grants, fundraising, and individual and corporate
contributions.
(i) Attend monthly BOD meetings and one special annual BOD meeting.
.1'ccliun J. /2 Conflict of'interest
\in member 01 the hoard who has a financial_ personal. or official inter, si in. or coni1i0. t
appcJ •unrc of -a conflict) with any matter pending before the Board, of such , tat u:e 1.11,1,
preN ent:. or may prevent that member from acting on the matter in an irllp:il'liaf t.nati 7cr..
ofiet to the Board to voluntarily excuse him/herself and will vacate his seat and n:fro il5
discussion and vot ing on said item.
ART1(:1,F, 5: Advisory Board
Section ..01 Advisory Board
'Me BOD and the Executive Director shall work together to recruit an Advisory Board. 'Hie purpose of this
hoard will he to advise and support the BOD and Executive Director on issues which affect the Corporation.
The Advisory Board will consist of members of the community who will enhance the mission and goals or
the Corporation. The Advisory Board will not be required to meet more than once annually. There shall he
no fixed term for members of the board. There shall be no minimum or maximum numberol'menlhcrs. The
Advisory Board members may serve on committees of the BOD, and be involved in many aspects of the
Corporation, including event planning, legal issues, volunteer recruitment, publicity and fundraising.
Section 5.02 Advisory Board Member Responsibilities
The responsibilities of the Advisory Board will include to:
(a) Serve as a "Roving Ambassador" for the Corporation, to promote the Corporation wherever opportunity
arises.
/rurnnu Iniervenlion Programs
.r1rs
(b) Be willing to allow the Corporation to identify him or her as an Advisory Board member on corporate
letterhead, web site and event programs.
(e) Provide the staff of the Corporation with leads, contacts or introductions that will be helpful in
Iiindraising and/or program expansion.
(d) Attend annual Advisory Board meetings.
(e) Support the annual Heroes on Scene event.
(t) Assist in recruiting other appropriate Advisory Board members.
Ali'f`ICL t 6: Officers
Section 6.01 Tides and Ouaiificatiorzs
The Officers of the BOD shall consist ofa President, Vice President, Secretary, "hreasurcr and such other
Officers as the BOD may from time to time designate.
lien 6.02 - Duties of Officers
(a) President
"fhc President of the BOD shall preside at all meetings of the BOD of the Corporation and shall have
such other powers and duties not consistent with the Bylaws as may he assigned from time to time by
the BOD.
(h) Vice President
'the Vice President of the BOD shall possess the powers and duties of the President of the 13O1) in
such case as he or she is absent or disabled.
(c) Secretary
'Die Secretary shall have the general powers and duties usually vested in the office of Sccretary
Corporation and shall have such powers and duties not consistent with these Bylaws a, may he
assigned him or her from time to time by the BOD or the President including the powers and duties
to he (i) be custodian of all records, documents and the seal of the Corporation which are to be kept
in the principal executive office of the Corporation; (ii) affix the Corporate Seal to any instrument
requiring it and to attest the same by his or her signature when authorized by the BOD or when such
instrument shall first have been signed by the President or the Vice President or other doh
authorized officer or agent; (iii) keep the minutes of the BOD meetings and other committee
meetings, as applicable, of the Corporation to be recorded in one or more hooks provided for that
purpose, with the time and place of the holding of such meetings, how they wcre calla! and
.emu Intervention Programs
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thecothe notice given thereof, the
are presentose accordance proceedings ll
in the record (iv) provided that proper notices gvenn th the provisions of these
13ylaws.
(d).freasurer
poration
shall have
e
i he at powers
Treasurer shall be responsible
for
in the office of Treasurer o f arCorporation and shall have
general powers and duties usually
such powers and duties not consistent with these Bylaws as may be assigned to him or her from time
powers
duties to (i) care
time bym the dueOD or the yPable to the Coident, rporatioding n; (iii) deposit all monies receivlor_ receive ed in the nameco`ive
f the
receipt monies due and payable
Corporation in such banks, trust companies or other depositories as from time to time may be
designated by the Board of Directors: (ii's�havef the BOD orle thedisbursementPresidenr(iv)ofthe enterrorrhe
causees ,totbe
Corporation in accordance with the directs
entered regularly in the books to be kept by the Treasurer or under his or her direction for that
purpose a complete and correct account of all monies received and disbursed by the corporation: (y )
render a statement of the financial accounts of the Corporation to the Board of Directors ut such
times as may be requested; (vi) exhibit the books of account of the Corporation and all securities,
vouchers, papers on and documents of the Corporation in his or her custody to any member or
designee of the Board of Directors upon request; (vii) submit a full financial report to the members
of the Corporation at the annual membership meeting.
Section 6.03 Election of Officers
Officers shall be elected by the BOD, at any time, and each Officer shall hold office until he or she resigns.
is removed or is otherwise disqualified to serve, or until his or her successor shall he elected and qualified,
whichever occurs first.
,Section 6.0.1 Term al Office
All Officers shall he elected in June of each year and serve a term or one year or until their successors are
elected and qualified.
,Section 6.05 Resignation
Any Officer may resign from the office at any time by delivering a written resignation to the President_ the
Vice President or the Secretary. The acceptance of any such resignation, unless required by the terms
thereof, shall not be necessary to make the same effective.
Section 6.06- Removal
Any Officer may be removed at any time, with cause, by majority vote of the (lithely Uf .(hC MOATS' al
duly held meeting of the BOD. Proper notice specifying the proposed removal shall be given prior to any
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meeting of the BOD at which such removal shall be considered.
,Section 6,07 Vacancies
Any vacancy in an office may be filled for the unexpired portion of the term by majority vote °file IMF).
Section 6.0S Records
'there shall be maintained at the principal executive office of the Corporation all financial boots and records
of account, all minutes of the BOD meetings and other committee meetings of the Corporation. and list or
members. and copies of all other material, corporate records, hooks, documents and contracts_ All such
hooks, records. minutes, lists, documents and contracts shall be made available for inspection at an`
reasonable time during the usual business hours by any members of the Corporation. or duly authorized
representative thereof, for any lawful and proper purpose. Upon leaving office each Officer. or duly
authorized representative thereof, of the Corporation shall turn over to his or her successor or to the
President in good order, such corporate monies, books, records, minutes. lists. documents. contracts or other
property of the Corporation as have been in the custody of such officer of and during his or her term in
office.
.Scclion 6.09 - Committees
The BOD from time to time may establish other committees or auxiliaries whose membership will consist of
voting members and/or honorary or advisory members of the Corporation as designated by the 130I) Which
shall have such duties and the members of which shall hold office for such periods as the B01) from time to
time determine. The rules of procedures of such committee shall be determined from time to tine by the
BOD, and by respective committee members. All committees and committee members serve at the pleasure
of the BOD.
Section h. ltl -- Executive Committee
'l'he Executive Committee shall consist of the Officers of the BOD and may elect to hold special meetings
outside of the regular scheduled meetings in order to provide a decision for the Corporation in t;me: c,t
urgency. Officers will then inform the BOD of the meeting purpose and outcome at the next rczufar mectlnt_
of the BOD.
ARTICLE 7: Records and Reports
,Sec•1Jorr 7.0I Maintenance and Inspection of Articles and Bylaws
I he Corporation shall keep at its principal executive office the original or a copy of the Articles and Bylaws
as amended to date, which shall be open to inspection.
.Scclion 7. ill Maintenance and Inspection of Other Corporate Records
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/;
14 It ,1/t/ea, ll/N 1 '417ul'all U/1.1' f 'ode
ti,'1 tie in a-i' l
6321 ioliicyl,ln.,providedinsubdivision (c).(d).or(!),theboard shallcans•(+crnannualreporttobesenttothemember.-uu/beerdentl_'lr,l,tes,rlt,r
the clam, n/ the eet pnratfn's Iiscal year. Unless otherwise provided by the articles or by/ores and if approved hr 1/re /)nand o/ du'e,'f03 . awl ,,1 „rr a,l,l
,!arena nngnnrri+r,e ruin r sent pursuant to this section may be vent by electronic transmission he the c apnrnunn ISrc/inn 'th it hot rel,or,
m tq'f (lrritlie r/rmil the lidlowing.
tit /hr assets alit !Whit Wes. inclndint, the trustJund.v, of -the Corporation as n/'the end tythe fiscal year.
r.'I the in•ineipol elranges in assets and liabilities, including trust funds. during theJis'cal year.
t 1 1 h,• revenue or receipts o/ the Corporation, both unrestricted and restricted to particular plutnoses. for the fiscal Ivor.
ell 1 hr expenses or disbursements al The Corporation jar both genera/ and restricted purposes• during the /isru/ rear.
tit .inn enforce nl required by Section 6322.
the the report required by subdivision (a) shall be accompanied by any report thereon aJ independent 4n:conntont.s „r. it there is no seen rel•,+r/. lle'
certi/trap' o/an erlahnrired (Vice,' (tithe corporation that such statements were prepared without audit from the W.A., and records o/ the t yarna'r„11,,,+,
(ei A'ulu/n'ision to) does not apply to any Corporation which receives less than twenty -jive thousand dollars tS25.nno4 ire •'tons,,'r,•,tr„ ,,, r;•, , ,l,ls duriu,p the /i5evl rear. .
1,I) n here 11 I 'urpnrat ion has provided, pursuant to Section 5510• for regular meeting's gf lnembers less olio! Wan oanuu/h'. then lhr I.,. port ,•e jo,; e, / h r
snbl/irisiu,r tut Wed hr• ,mice to members only with the frequency with 11'lrirh regular membership meetings are required. unless the arri,'Irs 'Jr I„ -1„„ ,-
rrqurre a report more um,.
re) .Suhdirision.e gel and (dt )111.401aianding, a report with the iffiu•molion required hv.subdirisimt 1u0 slla// he ltrrni'I t'd anneal! r„
r 1 / .111 directors a/ the 1 •nrpornitort: and
I_'/ inn member who requests if At Writing.
1Il t(ulprn'ar,unu1r1,'/1f;rwriting solicits eanlrihrdionsfl•om 500 or mere persons need nut send (i,' report ulhpr',risc'rY/r1,rrtf /t- snub,/1'.'I" na Nit 0,1
dues' till oI the billowing:
• nu /, (i,'.'- with toil' Ierilh•n material used to solicit conu'ihulions a written statement' thin its latest annual report will hr ur1r1/rd
h ropiest mar be sent to the C orpnrcrlian at a name and address which is see forth in the statement.
1 /1r term "annual refute!" as. used in this ,subdivision refers to the report required by subdivision tat.
fill /'ramNir;rails a (wire n/-its fawn annual report 10 any person who requests a copy thereof. and
(list( nus,•s its aromal reparl to be published not later than 120 days Wier the close ((fits/twat tear in a ncwspuper rrl grnrral , nrrdunorl ur rl,, ,,,u,ui
iu u'lrieh its priori/url r.s'r'culire uf/ice i.s Iocated
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t
• BYLAWS OF
TRAUMA JNTERVENITON PROGRAMS OM SAN DIEGO COUNTY, INC.
A California Public Benefit Jarporation
ARTICLE 1: Name, Office
Section 1.01—Name of the Cai paration
The name of this Corgoratiott shall be TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO
COUNTY, INC (herituefierref'erred to as the "Corporat1 n").
Section 1.02 - Principal of
The principal executive office:for the transaction of the business of the Corporation is looalfed in the State of
California, County of $an Ihego. i
3•
The Board of Ilirector4 (hereinafter referred to es the `Bc Y') may change the principal office from one
location to another. Arty clralzge.-of this location shell be noted by the Secretary on these bylaws opposite
this section, or this section, may be amended to state the nev location.
Section. I.03 — Otlier Offices
The BOD or their designee may at any time establish bran b or subordinate offices at anyplace or places
where the Corporation IS qualed to do business.
ARTICLE 2: Purpose { #:
Section 2.01— Purpose
The general purpose of ads Corporation is.to ensure that vi> ims of traun do events receive the emotional
and practical support by need immediately following the aumatic occurrence.
Section 2.02 --Nonpartisan aloe vities
This Corporation 1i bee1n fohied under the California CorjprationLaw for the purpose described herein at
Article 2, Section 2.01, and it shall be nonprofit and nonpartisan. No substantial part of the activities of the
Corporation shall consist of ihe pr blication or dissemination ofmaterials with the purpose of atternpting to
influence legislation, aid the Corporation shalt not participate or intervene in any political campaign on
behalf of any candidate forpublic office or for or against au leause or measure being submitted in the people
for a vote.
;•
The Corporation shall o4t, except in an insubstantial degree, engage in any activities or exercise any powers
that are not in furtherance of the purpose described above. > `
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ARTICLE 3: Membership and Meetings
Section 3, 0.1 - Voting Members of the Corporation
Voting members shall consist of the members of the BOD of the Corporation. Effective July 1, 1996 and
thereafter, no voting member shall be an active program volunteer.
Section 3.02 - Honorary Members
Any individual or organization that subscribes to the purposes and basic policies of the Corporation and
whose admission will contribute to the Corporation's ability to carry out its charitable and educational
purposes Anay become an honorary member of the Corporation.
Section 3.03 -Application for Membership to the Board of Directors
Applications for membership to the BOD shall be submitted by the Executive Director or the HOD of the
Corporation on a written form prescribed and approved by the BOD. The Executive Director shall transmit
such applications for consideration to the BOD who shall evaluate such applications in order to determine
the applicant's eligibility for membership. Membership shall be conferred upon the applicant by a simple
majority of the votes cast at a regular or special meeting of the BOD or by a simple vote though a written
ballot entailed to the members at the direction of the BOD.
Section 3.04 - Application for Honorary and Advisory Membership
Honorary and advisory membership shall be conferred upon the individual by a simple majority of the votes
cast at a regular or special meeting of the BOD or by email vote.
Section 3.05 - Rights of Directors
Each member of the Corporation shall be entitled to one vote on each matter submitted to a vote at the
tneeting of the BOD, except to the extent that the voting rights are limited or denied by the Articles of
Incorporation. No member shall be entitled to any dividend or any part of the income of the Corporation or
to share in the distribution of the corporate assets upon the dissolution of the Corporation.
Section. 3.06 - Rights of Honorary and Advisory Members
Honorary and advisory members shall have all the rights and privileges of this Corporation except that they
shall not vote or hold office. No honorary member shall be entitled to any dividend or any part of the
income of the Corporation or to share in the distribution of the corporate assets upon the dissolution of the
Corporation.
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Section 3.07 — Resignation of Directors, Honorary, & Advisory Members
Any BOD member or honorary member or advisory member may resign from the Corporation by delivering
a written resignation to the President, Secretary, or Executive Director of the Corporation.
Section 3.08 — Termination of Honorary. Membership
Any honorary and advisory member may be removed with or without cause at any time by the affirmative
vote ofa majority ority of the members of the Corporation present at a meeting of the BOD. This section may be
amended or repealed only by a vote of a majority of all members of the Corporation at a meeting of the
BOD.
Section 3.09 — Annual Meeting of the Board of Directors
There shall be an annual meeting each year of the BOD of this Corporation, to be held hi. the County of San
Diego, State of California. The annual meeting will serve as an annual BOD evaluation to determine the
action and direction of the Corporation toward meeting it's mission and goals.
Section 3.10 —Regular Meetings
The BOD members shall meet at a time and place determined by the BOD, with a minimum of three (3)
meetings held per year.
Section 3.11-Cancellation of Meetings
The Executive Director, with concurrence ofa majority of the members of tiie BOD, may cancel meetings,
or change the date, time or place of meetings under special circumstances.
Section 3.12 —Adjournment
A majority of the members present, whether or not continuing a quorum, may adjourn any meeting of the
BOD to another time or place.
Section 3.13 — Volunteer Liaison to the Board of Directors
Each geographical volunteer team will have the opportunity to appoint a volunteer liaison to act as a non-
voting member of the board and report back to the other TIP volunteers as to the current BOD activities.
ARTICLE 4 - Board of Directors
Section 4.01 — Powers
(a) The activities, affairs and property of the Corporation shall be managed, directed and controlled, and its
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powers executed by, and vested in, the BOD or their duly appointed representative,
(b) Select and remove the Executive Director of the Corporation;; prescribe any powers and duties for
hinj/her that are consistent with the law, with the Articles of Incorporation, and with the Bylaws; and fix the
compensation.
(c) Adopt, make and use a corporate seal; prescribes forms of membership certificates; and alter the form. of
the seal and certificate,
(d) Borrow money and incur indebtedness on behalf of the Corporation and cause to be executed and
delivered for the Corporation's purposes, in the corporate name, promissory notes, bonds, debentures, deeds
of trust, mortgages, pledges, hypothecation and other evidence of debt and securities.
Section 4.02 - Number, Election, Term
The BOD shall consist of at least five (5) persons who are elected for two year terms. All terms shall expire
in the month of June with one-half of the terms expiring in the even numbered years and one-half the terms
expiring in the odd numbered years. Elections of the members shall be held in June of each year with the
term beginning in July.
Section 4.03 - RemovaI
A B OD member may be removed with cause at any time by the affirmative vote of majority of the members
of the Corporation present at a noticed meeting of the BOD, the notice of which shall have specified the
proposed removal. This section may be amended or repealed only by vote of a majority of all members of
the Corporation at a meeting of the BOD. A pattern of five (5) or more absences may result in their removal
from the BOD. A member for personal reasons may request a leave of absence subject to approval of the
BOD,
Section 4.04 - Vacancies
Whenever the number of BOD members shall for any reason be less than the authorized number, the vacancy
may be filled by a majority of the remaining members, though less than a quorum, or by sole remaining
member.
Section 4.05 - Quorum
The quorum for the transaction of business at any properly noticed meeting of the BOD shall consist of a
minimum of three (3) members of which two (2) must be Officers of the BOD.Section 4.06 - Special
Meeting of the Board ofDirectors
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Section 4.07 — Notice of Meeting
Notice of all meetings of the BOD, except as herein otl*Erwise provided, shalt be given by mailing or
emailing the same at least five (5) days before the meeting fpo the usual business or residers address of the
members but such notice may be waived by any Inez-ober..k ach such. notice shall state the tkieneral business
to be transacted, the clay, time and place of suoh meeting aid in the case of special meetings, and by whose
request it was called. Regular meetings of the 130D may a kteld withsout notice at such time and place as
'hall be determined bylherri in er. Any business may be ; at any regularly cetaccil xxteeti'og ofthe
BOD.
Section 4.08—•Action by Bo fDIrerlors without a Meeting z:
Any action required oripermitted to be taken by the BOD iaay be taken without a meeting: if all members
shalt individually or co;liective1y consent in writing to the action, including email. The written consent or
consents shalt be filed a rith the Minutes of the procerdin&qtaf the BOD, and the action. taker' shall have the
same iuree and effect 4 a mianimous vote of the members.`
Section 4.09 Compensationl. 4eimbtrrsementr
The members and Orders of floe Corporation shall serve aslsuch without salary, but -the 13O13 may authorize
reimbursements for reriponabfe expenses incurred by the ambers or Officers in the perfommance of their
duties.
Section 430 — Contracts' with ' ocurd bf Dfrectors
No member or Officer 4f tbe.Corpur'ation shall be intereste4 direetly or indirectly, in any contract relating to
the operations conducted by it nor in any contract for fiuni4l tug services to it, Unless (i) such contract shall
be authorized by the entire BOD;,majority and voting at a tnieeting at which the presence of swell member is
not necessary to constitute a q otnun and the vote of such *ember is'not necessary fors cILauthorization;.
and (ii) the facts and nature o fsucla interest shall have been}#u11y disclosed or shown to the members of the
BOD present at the muting at v4iich such contract is so authorized.
Section 4.11-= Board Member ;Responsibilities
The responsibilities of the Board of Directors will include::
(a) Serve as a "Roving4mbassador" for the Corporation, torpromote the Corporation wherever opportunity
arises.
(b) Be willing to allow the Corporation to identify him or her as a Board member on. corporate letterhead,
web site and event programs. _ .
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(c) Provide moral support tothe 'staff of the Corporation, in:addition to leads, contacts or introductions that
will be helpful in fundraising; vohuiteer recruitment, and/4 program expansion.
(d) Attend the Annual Ovisoiy Board meeting; annual funOraising events, volunteer continuing education
meetings, and the other activities of the Corporation as de ignated by the BOD.
(e) Participate as an active eomzriittee member in support df the annual Heroes on Scena'famrdraising event
and attend the event. i
(f) Recruit other•. appropriate Board members.
(g) Provide annual cbntions to the Corporation thrun 3 fundraising efforts or othermeans.
(h) Support the Executive ;pt1ector in securing grant;fundraising, and individual and corporate
contributions.
(1) Attend monthly BOp rrieetings and one special annual •1:1. OD meeting.
Section 4.12 — Conflict of Infeicest >;
Any member of the board wbb has a financial, personal, 04:official inmost in, or conflict Dior
appearance of a conflk) with; any matter pending before ttie Board, of such nature that it
prevents or may preverit that nnenibex from acting on the n4atter in an impartial manner; wiH 1
offer to the Board to vcilluntatiily excuse hiu3Jherself and will vacate his seat and refrain froan
discussion and voting on said4ten.fr
<<
ARTICLE 5: Advisory Beall
Section 5.01— Advisory.Boarc4 F=
• The 130D and the Exec}ttive Drinictor shall work together toiliecnnt an Advisory Board, The purpose ofthis
board will be to advise 4nd.suppoitthe BOA and Executive)irector on,iissnes which affeottIie Corporation
The Advisory Board will cons istof members of the commlitiity who will enhance the missiion and goals of
the Corporation. The Advisory Board will not be required t meet more than once annually-. 'There shall be
no fixed tern for members of'the;board. There shall be no rid nimum or maximum number ofinembers. The
Advisory Board meml*rs may Serve on committees of th4BOD, and be involved in many aspects of the
Corporation, includingwvent planning, legal issues, volunteer recntitnaent, publicity and f iindraising.
Section 5,02 —Advisory Board Member;Responsibilities
The responsibilities of the Advisory Board will include to:',
(a) Serve as a "Roving 4mbass,,ador" for the Corporation, to promote the Corporation wberewer opportunity
arises..
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(b) Be willing to allova the Corporation to identify hint or her as an Advisory Board member on corporate
letterhead, web site anti event programs. .
(c) Provide the staff of the;Corporation with leads, cotktacts or introductions that will be helpful in
fundraising and/or program expansion.
(d) Attend annual Advisory poard meetings.
(e) Support the annual Heroes on Scene event.
(f) Assist in recruiting `other appropriate.Advisory Board =±embers.
ARTICLE 6: Officers
Section 6.W — Titles and Quar.cations
The Officers of the BOD shall dnnsist of a President, ViettPresident,. Secretary, Treasurer and such other
Officers as the BOD May from time to time designate. t:
Section 6.02 —Duties of Oificd,r's
(a) President
The President or"the BPI? shall preside at all meeti»gs of the BOD of the Corporatic n and shall have
such other powers and'iduties not consistent with thgpylaws as :may be assigned from time to trrneby
the BOD. £:
(b) Vice President
The Vice President of the BOD shall possess the pc were and duties of the President of the BOD in
such ease as hear shes absent or disabled.
(o) Secretary
The Secretary shall have the general powers and duties usually vested in the office of Secretary of a
Corporation and shall?have such powers and din* not consistent with these Bylaws as may be
assigned him of her $cjm time to time by the B OD ell.: the President including the powers and duties
to be (i) be custadian of all records, documents aud.#he seal of the Corporation wbiclh are to be kept
in the principal execudve office of the Corporation= .(ii) affix the Corporate Seal to any instrument
requiring it andlno attest the same by his or her signature when authorized by the BOD or when such
instrument shall fast have been signed by the ,President or the Vice President or other duly
authorized officer or agent; (iii) keep the miuuteg of the BOD meetings Wad other committee
meetings, as applicable, of the Corporation to be rt corded in one or more books provided for that
purpose, with the time ..and place of the holding f such meetings, how they were called and
•
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authorized, the -'notice given thereof, the names ofti asepresent and the proceedings thereof indicated
in the record; (iv) provided that proper notices are liven in accordance with the provisions of these
Bylaws. .
(d) Treasurer
s;
. The Treasurer ?1ha11 be responsible for all funds an `securities of the Corporation and shall have the
general powerSiand duties usually vested in the office of Treasurer of a. Corporasiasi and shaillaave
such powers and duties not consistent with these Byr aws as maw be assi.gxted to hinaior her from time
to time by the $;OD or the President, including the ewers and duties to (i) care for, receive and give
receipt monies rue and. payable to the Corporation; i) depositall monies received ;loathe name ofthe
Corporation infsuch .banks, trust companies or o4 er depositories as from tisue:'to time may be
designated by the Board; of Directors; (iii) have coi8rge of the disbursement of the monies of the
Corporation in iccozdance with the directions of tht BOD or the President; (iv) enter or cause to be
entered regularly "in tie -books to be kept by the treasurer or under his or hex- direction for that
purpose a complete and correct account of all m.ortt s received and disbursed by t .ie:Corporation; (v)
reader a statement of?he financial accounts of th Corporation to the Board of (Directors at such
. times as may be requested; (vi) exhibit the books cif account of the Corporation axad all securities;
vouchers, pap* on and documents of the Corporation in his or her custody to any member or
designee of the poardpa/tractors upon request; WO submit a full fcnancial report to the members
of the Corporation at €he aim ai membership meetig.
Section 6.03 -- Election of Risers?
Officers shall be elected by the 1$OD, at any timr., and each;Qfliaer shell hold office until he or she resigns,
is removed or is othervise disqualified to serve, or until hiQor her successor shall be elected and qualified,
whichever occurs first.) t'
Section 6.04 — Term of Office
All Officers shall be elected iti Ji,trie of each year and servi;a tetfta ofone year or until their successors are
elected and qualified. , .
Section 6.05 —.Resignation
Any Officer may resig34 frou3. the. office at any time by deli ,exzng a written resignation to thre President, the
Vice President or the S'ecretary.° The acceptance of any ;lush resignation, unless required by the terms
thereof', shall not be necessary tomake the same effective. Ei
Section 6.06- Removal
Any Officer may be removed at tsny time, with cause, by xxxajority vote of the entirety of the members at a
duly held meeting of tl* BOT). Proper notice specifying the proposed removal shall be given prior to any
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meeting of 'the BOD at<whicb::suehremoval shall be considered.
Section 6 07-- Vacancies
Any vacancy in an offi$e may. b4 filled for the unexpired p rrtion of the term by majority vote ofthe BOD.
Section 6,08 •-- Records
There shall be maintaind at the principal executive office 20,£, the Corporation all financial books and records
• of account, all minutes kif the. POD meetings and other committee meetings of the Corporation, and list of
members, and copies df all other material, corporate recoils, books,, doom:cents and contracts. All such
books, records, minnttia, lists, documents and contracts ha11 be made available fir inspection at any
reasonable time diningthe utual business hours by any members off the Corporation, or duly authorized
tep„asentative 'thereof, ifor any lawful and proper.' purpo4 Upon leaving office each. Officer, or duly
authorized represeutatikre thereof, of the Corporation shag turn over to his or het sue;cessor or to the
President in good order; such eorpoxate monies; books, receids, minutes, lists, documents, (contracts racts or other
property of the Corporation as )lave been in the custody of such officer of and during hits or her term in
office. ?.
•
Section .6.09 — Committees
The BOD from time to One may bstablish other committee$ nor auxiliaries whose membership will consist of
voting members and/o0onox or advisory members oftlkie Corporation as designated bythe BOD which
shall have such duties ajad the ntajmbers of which shall hold pffire for such periods as the BUD from time to
time determine. The roles o£ r1cedures of such commit.* shall be determined front time to time by the
BOD, and by respeetiv4 connittttee members. All committles and. committee members serve at the pleasure
ofthe BOO-
Section 6.10—Executive Committee i
t-
The Executive Comniil ee shell onssist ofthe Officers oft 5e BOD and may elect to holed special meetings
outside of the regular scheduled.ineetmgs in order to profide a decision for the Corporation in Wines of
urgency- Officers will tlaeninforpr the BOD ofthe meeting purpose ar I outcome at tlae next regular meeting
of the BOD. 77
ARTICLE 7: Records and Reports"
Section 7 01— Maintenance ald Inspec$ion of Articks and Bylaws.;
The Corporation shall 14eep at its principal executive office the original or a copy of the Articles and Bylaws
as amended to date, which1:
shall be open to inspection. ;
Section 7.02 --Maintenance aqd Inspecijon of Other Corporate R cords
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The accounting books$ recoi'ds;and xnimttes of proceeditgs of the BOD and other ctommittees of the
Corporation shall be opt at midi place or places desi ted by the BOD or, in the absence of such
designation, at the principal executive office of the Corp tian. The minutes shall be kept in written or
typed form, and the accounting hooks and records sell be kept either in written or typed farm or in any other
form capable of being G onnverted into written, typed or pri4ted, form.
Section 7.03 Inspection by Bard of Directors i •
Bvexymember ofthe B;OD shall have the absolute right at alny reasonable time to inspect:all.-books, records
end documents of every kind and the physical propertiesL;of the Corporation Bird each of its subsidiary
Corporations. This insirectionby a.member may be made *person or by an agent or altmoney, and the right
of inspection includes line right to copy and niake extracts #if' documents. -
Section 7.04 --Annual Report
The president ofthe Caxpormtioilorbdslher.designee will c4se to be sent eaeliyear to the Board of Directors
an annual report of the';.Carpora ion's activities. This rep6rt will encompass all information. required by
California Corporation Code:6321 (*) as amend' i to dater.;
Section 7.05 ---Annual Audit ,
The Corporation shall1 bixe an ndependent = itr r to p x£orm ain annual audit of the: finances of the
Corporation and provide a written report to the BOD. #y;
,A.gTrCLE 8: Deposits, Che4s, Loan Contracts
Section 8.01— Deposit ofF-umfs
i'
All funds of the Corpoation z of otherwise employed_ sball''ibe deposited in such banks, tUaist companies or
other reliable depositories as the BOD from time to time nay determine.
ine.
Section 8.02 — Checks, Etc. s'
•
,Ali checks, drafts, end*ementk notes and evidences of indebtedness ofthe Corporation shall be sued by
such Officers or agents-bfthe Corporation and in such manner as the BOD from timely time may determine.
Endorsements for deposits to thecredit of the Corporation shall be made inn such manner as the BOD from
time to time pray deter ine.
Section 8.03 -- Loans _
No loans or advances 4h2l1 be, contracted on be alf of theporpora4on, and no note or other evidence of
indebtedness shall be igsued irk its name, unless and except .as authorized by a vote of idxe.BOD: Any such
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,..
authorization shall relate to specific:transactions, and may i+clude authorization to pledgyie, and security for
loans or advances so auilioxized,:any and all securities and 4ther personal property at aruy time held by the
Corporation. • , . •
Section 7.04 — Contracts c i-
....
Ile President, or any oiter Oteer or agent specially autiacIrized by the BOD, may in -the name of and on
behalf of the Corpora*„ enter into those contraots or *cute and deliver those instruments that are
specifically authorized Ipy the )3Cp. Without the express and specific authorization of tbse BOD; no officer
or other agent of -the CoporatinrI1aY enter into any contracor execaution and deliver any instilment bathe
name of and on behalf Of th00oration.
. >
ARTICLE 9: Dedication of 4ssets f. ..:
. .
Section 901 Dedication of Assets
The properties and ass4s of.thiSaonprcrfit Corporation arelirrevocably dedicated to the:fulfillment of the
objectives and purposeof tbisi CMporation as set forth in Air:tole 2, Section 2.01 hereof. No part ofthe net
earnings, properties or assets f *1 Corporaticro, on dissollition or otherwise, shall inane to the exclusive
benefit of any private person ex adividual, or any member If this Corporation except in fulfillment of said
objectives and puiposeS. Onliqi:sidatiori or dissolution, alitProperfies and assets and obligations shall be
distributed pursuant to the nonprOfit provisions of the California Corporation Cade then in effect.
1.
ARTIC1 .F. 10: Indezimificati(in of INgeMbers and Officers i!
Section 10.01 —Indemnificatio
t . . i• .
AtaYPersoil (and heirs. executersiand administrators of such,pqrson)rsade or threatened so bemade a party
to any action, suit or pioceedingilby reason of the fact that iee or she is or was a member or Officer of the
Corporation shall be ifederanlfied by the Corporation against any and all liability and the reasonable
expenses, including attorneys,' tees and disbursements 4urred by him or her (or by his or her heirs,
• executors or cuimn inistralors) in cOnnectiowith the defense r settlement °fwd.]. action, spit or proceed -ire - ,
or in connection with a4y appnce therein, except in =let‘
on to matters as to which it sball be adjudged in
such action, suit or prOeeding that such member or 0154 is liable for negligence or misconduct in the
• performance of his whir duties.: Such right of indennaifieklion shall not be deemed excffiusiye of any other
rights to which such t*ectorioriofficer (or such heirs, exeiiutors.or administrators) may be entitled apart
from this Article.
Section 1 0.02 — Insurance or ther Indemncation
The BOD shalli
have the power to (I) purchase and mantalint the Corporation's eirpens. insurance °tithe
behalf of the Corporattm and on behilIf of others to the extent that power to do so haw been or may be
granted by statute, anqii) gi4,e other indemnification to th extent permitted by law.
3
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objectives and purposes of this Corporation as set forth in Article 2, Section 2.01 hereof. No part of the net
earnings, properties or assets of this Corporation, on dissolution or otherwise, shall inure to the exclusive
benefit of any private person or individual, or any member of this Corporation except in fulfillment of said
objectives and purposes. On liquidation or dissolution, all properties and assets and obligations shall be
distributed pursuant to the nonprofit provisions of the California Corporation Code then in effect.
ARTICLE 10: Indemnification of Members and Officers
Section 10.01— Indemnification
Any person (and heirs, executors and administrators of such person) made or threatened to be made a party
to any action, suit or proceeding by reason of the fact that he or she is or was a member or Officer of the
Corporation shall be indemnified by the Corporation against any and all liability and the reasonable
expenses, including attorneys' fees and disbursements incurred by him or her (or by his or her heirs,
executors or administrators) in connection with the defense or settlement of such action, suit or proceedings,
or in connection with any appearance therein, except in relation to matters as to which it shall be adjudged in
such action., suit or proceeding that such member or Officer is liable for negligence or misconduct in the
performance of his Or her duties. Such right of indemnification shall not be deemed exclusive of any other
rights to which such Director or officer (or such heirs, executors or administrators) may be entitled apart
from this Article.
Section 10.02 — Insurance or Other Indemnification
The BOD shall have the power to (i) purchase and maintain, at the Corporation's expense, insurance on the
behalf of the Corporation and on behalf of others to the extent that power to do so have been or may be
granted by statute, and (ii) give other indemnification to the extent permitted by law.
ARTICLE 11: Amendment of Bylaws
Section 11.01 — Amendment ofBylaws
Except as otherwise provided herein, and subject to the power of the BOD to amend or repeal the Bylaws,
these: Bylaws may be altered, amended or repealed and new Bylaws may be adopted by an affirmative vote of
a majority of the member of the BOD present at any regular or special meeting, a quorum being assembled,
provided that written notice of such meeting, setting forth in detail the proposed Bylaw revisions with
explanations therefore, be given not less than five (5) days prior to such meeting.
ARTICLE 12: Miscellaneous
Section 12.01 — Fiscal Year
The fiscal year of the Corporation shall begin on July 1 of each year and shall end on June 30.
Section 12.02 — Construction
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Whenever the context so requires, the masculine shall include the feminine and neuter, and the singular shall
include the plural, and conversely. If any of the portion of these Bylaws shall be invalid or inoperative, then
so far as is reasonable and possible:
(a) The remainder of these Bylaws shall be considered valid and operative, and
(b) Effect shall be given to the intent manifested by the portion held invalid or inoperative.
Section 12.03 - Program Modifications
Any and all program modifications shall require the approval, by means of an affirmative vote., of two-thirds
(2/3) of the members present at any regular or special meeting of the BOD, a quorum being assembled.
These Bylaws of the Corporation are hereby adopted with amendments made to date, on this date.
ep-t,
Chris Saunders, President Date
Sli(410
Witne3s� Date
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(')CalOrnla Corporations Code
Section 6321
6321. (a) Except as provided in subdivision (c). (d). or (0, the board shall cause an annual report to be sent to the members not later Mon 120 days alter
Me close oftee corporation's faced year. Unless otherwise provided by the articles or bylaws and ifupproved by the board of directors, that report and
any accompanying material lent pursuant to this section may be sent by electronic transmission by the corporation (Section 20) Thai report shall contain
in appropriate detail the following:
(i) The assets and liabilities, including the trust funds, of the Corporation as of the end of the fiscal year.
(2) The principal changes In assets and liabilities., including trust funds, during the fiscal year.
(3) The revenue or receipts of the Corporation both unrestricted and restricted 10 particular purposes. for the fiscal year.
(¢) The expenses or disbursements of the Corporation. for both general and restricted purposes, during the fiscal year.
(5) Any information required by Section 6322.
(b) The report required by subdivision (a) ..hall be accompttrtied by any report thereon ofindependent accountant, or, there is no such report, the
certificate ()fan authorized OJJker of the corporation that such statements were prepared without audit from the book and records girlie corporation.
(c) Srrhdivisinn (o) does not apply to any Corporation which receives less than twenty-five thousand dollars (S25.000) in gross revenues or receipts
during the fiscal year.
(d) Where a Corporation has provided. pursuant to Section 55la, for regular meetings ofntembers less often than annually, then the report required by
subdivision (a) need be made to members only with the frequency with which regular membership meetings are required, unless the articles or bylaws
require a report more often.
(r) Subdivision. (c) and (d) notwithstanding. a report with the information required bvsubdivision (a) shalt befa^nished annually to:
(I) All directors clam Corporation; and
(2) Any member who requests it in writing.
(/) A Corporation which in writing solicits contributions from 300 or store persons need not send the report otherwise required by subdivision Mil
does all of the following:
(i) Includes with any written material used to solicit contributions o written statement that its latest annual report will be mailed upon request cvnd that
such request may he sent to the Corporation at a name and address which is set forth in the statement.
The term "annual report" as used in this subdivision refers to the report required by subdivision (a).
(i i) Promptly mails a copy of its latest annual report to env person who requests o copy thereof and
(iil) Causes its annual report to be published not later then 120 days after the close ofirsftscai year Ina newspaper ofgeneral circulation in the cannot
in which as principal executive office is located.
EXHIBIT D
TECHNICAL ASSISTANCE MATERIALS
The Sub -recipient received the following items:
1. Playing by the Rules, A Handbook for CDBG Sub -recipients on Administrative
Systems
2. Code of Federal Regulations (CFR) CDBG Section Title 24 Part 570
3. OMB Circular No. A-122: Cost Principals for Non -Profit Organizations
4. OMB Circular No. A-133: Audits of States, Local Governments and Non -Profit
Organizations
5. Quarterly/Annual Performance Reporting .Form
6. A Comprehensive Compliance and Performance Monitoring Checklist
7. Expenditure Reimbursement Claim Form
8. Qualifying Beneficiary Intake Data Form
9. Sample Sub -recipient Agreement and Exhibits (Scope of Services, Budget,
Board of Directors and By-laws, Affirmative Action Policy and Insurance
Requirements)
10. Orientation on meeting CDBG National Objectives
The 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 the CDBG webpage on the HUD
website:
http://www.hud.gov/offices/cpd/communitydevelopment/programs/entitlement
EXHIBIT E
AFFIRMATIVE ACTION POLICY
1. Provision of Program Services
a. Subrecipient shall not, on the grounds of race, religion, color, national origin,
sex, sexual preference, or handicap, exclude any person from participation in,
deny any person the benefits of, or subject any person to discrimination under
any program or activity funded in whole or in part with CDBG funds.
b. Subrecipient shall not under any program or activity funded in whole or in part
with CDBG funds, on the grounds of race, religion, color, national origin, sex,
sexual preference, or handicap:
1) Deny any facilities, services, financial aid or other benefits
provided under the program or activity; or
2) Provide any facilities, services, financial aid, or other benefits
which are different or are provided in a different form from that
provided to others under the program or activity; or
3) Subject to segregated or separate treatment in any facility in, or
in any matter of process related to receipt of any service or
benefit under the program or activity; or
4) Restrict in any way access to, or in the enjoyment of any
advantage or privilege enjoyed by others in connection with
facilities, services, financial aid, or other benefits under the
program or activity; or
5) Treat an individual differently from others in determining whether
the individual satisfies any admission, enrollment, eligibility,
membership, or other requirement or condition which the
individual must meet in order to be provided any facilities,
services, or other benefits provided under the program or
activity; or
6) Deny any opportunity to participate in a program or activity as an
employee.
c. Subrecipient may not utilize criteria or methods of administration which have
the effect of subjecting individuals to discrimination on the basis of race,
religion, color, national origin, sex, sexual preference, or handicap, or have the
effect of defeating or substantially impairing accomplishment of the objectives of
the program or activity with respect to individuals of a particular race, religion,
color, national origin, sex, sexual preference or handicap.
d. Subrecipient, in determining the site or location of housing or facilities provided
in whole or in part with CDBG funds, may not make selections of such site or
location which have the effect of excluding individuals from, denying them the
benefits of, or subjecting them to discrimination on the grounds of race, color,
national origin, or sex, or which have the purpose or effect of defeating or
substantially impairing the accomplishment of the objectives of the Civil Rights
Act of 1964 and amendments thereto:
e. In administering a program or activity funded in whole or in part with CDBG
funds regarding which the Subrecipient has previously discriminated against
persons on the grounds of race, religion, color, national origin, sex, sexual
preference or handicap, the Subrecipient must take affirmative action to
overcome the effects of prior discrimination.
f. Even in the absence of such prior discrimination, a Subrecipient in administering
a program or activity funded in whole or in part with CDBG funds should take
affirmative action to overcome the effects of conditions which would otherwise
result in limiting participation by persons of a particular race, color, national
origin, or sex. Where previous discriminatory practice or usage tends, on the
grounds of race, religion, color, national origin, sex, sexual preference, or
handicap, to exclude individuals from participation in, to deny them the benefits
of, or to subject them to discrimination under any program or activity to which
CDBG funding applies, the Subrecipient has an obligation to take reasonable
action to remove or overcome the consequences of the prior discriminatory
practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964.
g•
A Subrecipient shall not be prohibited by this part from taking any eligible action
to ameliorate an imbalance in services or facilities provided to any geographic
area or specific group of persons within its jurisdiction where the purpose of
such action is to overcome prior discriminatory practice or usage.
h. Notwithstanding anything to the contrary in Sections J. 1. (a. through h.),
nothing contained herein shall be construed to prohibit any Subrecipient from
maintaining or constructing separate living facilities or rest -room facilities for the
different sexes. Furthermore, selectivity on the basis of sex is not prohibited
when institutional or custodial services can properly be performed only by a
member of the same sex as the recipients of the services.
2. Employment Discrimination
a. Subrecipient shall not discriminate against any employee or application for
employment because of race, color, religion, sex, national origin, age, or
handicap. Subrecipient shall take affirmative action to insure that applicants are
employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, national origin, age, or handicap. Such action
shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising, layoff or
termination, rate -of -pay or other forms of compensation and selection for
training including apprenticeship. Subrecipient agrees to post in conspicuous
places, available to employees and applicants for employment, notices setting
forth the provisions of this non-discrimination clause.
b. Subrecipient shall, in all solicitations or advertisements for employees placed by
or on behalf of Subrecipient, state that all qualified applications will receive
consideration for employment without regard to race, color, religion, sex,
national origin, age, or handicap.
c. Subrecipient shall send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the CDC's contracting officers,
advising the labor union or workers' representative of Subrecipient'S
commitments under Section 202 of Executive Order No. 11246 of September
24, 1965, and shall post copies of the notices in conspicuous places available to
employees and applicants for employment.
d. Subrecipient shall comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor..
e. Subrecipient shall furnish to the CDC all information and reports required by
Executive Order No. 11246 of September 24, 1965, and by the related rules,
regulations, and orders.
f. In the event of Subrecipient'S failure to comply with any rules, regulations, or
orders required to be complied with pursuant to this Agreement, the CDC may
cancel, terminate, or suspend in whole or in part its performance and
Subrecipient may be declared ineligible for further government contracts in
accordance with procedures authorized in Executive Order No. 11246 of
September 24, 1965, and such other sanctions as may be imposed and
remedies invoked as provided in Executive Order No. 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
g.
Subrecipient shall include the provisions of Section II. J. 2. (a. through f.),
"Affirmative Action Policy/' paragraphs (1) through (6) in every subcontract or
purchase order unless exempted by rules, regulations, or order of the Secretary
of Labor issued pursuant to Section 204 of Executive Order No. 11246 of
September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. Subrecipient shall take such action with respect to any
subcontract or purchase order as the CDC may direct as a means of enforcing
such provisions including sanctions for non-compliance; provided, however, that
in the event Subrecipient becomes involved in, or is threatened with, litigation
with a subcontractor or vendor as a result of such direction by the CDC,
Subrecipient may request the United States to enter into such litigation to
protect the interests of the United States.
h. Subrecipient shall not discriminate on the basis of age in violation of any
provision of the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with
respect to any otherwise qualified handicapped individual as provided in Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). Subrecipient shall also
provide ready access to and use of all CDBG fund -assisted buildings to
physically handicapped persons in compliance with the standards established in
the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et sea.).
3. Remedies: In the event of Subrecipient'S failure to comply with any rules,
regulations, or orders required to be complied with pursuant to this Agreement, the
CDC may cancel, terminate, or suspend in whole or in part its performance and
Subrecipient may be declared ineligible for further government contracts and any
such other sanctions as may be imposed and remedies invoked as provided by law.
EXHIBIT F
Insurance
TRAUM02
OP ID: SW
'4�R�« CERTIFICATE OF LIABILITY
INSURANCE I OATE(MMIDDIYYYYi
09H 8j12
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERISI, AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. N SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In Ileu of such endorsement(s).
PRODUCER 858.481-8692
G. S. Levine Insurance
Services, Inc. 858-481-7953
10505 Sorrento Valley Rd. #200
San Diego, CA 92121
Select Accounts
NAMCON IACI
PHON.
PW(�HIC�O No. Extl: FAX
No):
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC t
INSURERA: Philadelphia Insurance Co
INSURED Trauma Intervention Programs
of San Diego County, Inc.
2560 Orion Way
Carlsbad, CA 92008
INSURER B:
INSURER C:
INSURER D :
INSURER E :
INSURFR F •
COVERA
•
•
THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED- NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
!NMI
SUER
wvn
POLICY NUMBER
POLICYEXF
SAMIDDIYYYYI
POLICY EXP
lMMI DIYYY1'i
LIMITS
A
GENERAL
X
LIABILITY
COMMERCIAL GENERAL LIABILITY
X
PHPK792447
12/15/11
12/15/12
EACH OCCURRENCE
$ 2,000,00C
PAMAGE SO RENTED
PREMISES (Ea occurrence)
$ 100,00C
CLAIMS -MADE
X
OCCUR
MED EXP (Any one person)
$ 5,00C
PERSONAL &ADO INJURY
$ 2,000,00C
GENERAL AGGREGATE
$ 4,000,00C
'�G'( GENII AGGREGATE LIMIT APPLIES PER:
I POLICY i l ,P,RrT Pi LOC
PRODUCTS - COMP/OP AGG
$ 4,000,00C
$
A
AUTOMOBILE
X
LIABILITY
ANY AUTO
ALL OWNED
—
—
X
SCHEDULED
AUTOS
NON -OWNED
AUTOS
PHPK792447
12/15/11
12/15/12
COMBINED SINS-t LIMI I
(Ea accident)
1,000,00C
BODILY INJURY (Per person)
$
BODILY INJURY Per accident)
$
PROPERTY DAMAGE
(Per accident)
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
DFD RETENTION $
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY V I N
ANY PROPRIETOR/PARTNER/EXECUTIVE ❑
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
If yes describe under
DESCRIPTION OF OPERATIONS below
N / A
WC STATIJ- OTr+
TORY LIMITS FR
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, a more space is required)
RE:AII Operations of the Named Insured
City of National City is Named as an Additional Insured per policy form.
CITYNAT
Cityof National CityTHE
Housing & Grants Division
1234 National City Blvd.
National City, CA 91950Jlai
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
4L 1 '�
ACORD 25 (2010105)
O 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
PI-GLD-HS (04/07)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY DELUXE ENDORSEMENT:
HUMAN SERVICES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
It is understood and agreed that the following extensions only apply in the event that no other specific coverage for
the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and
limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on
this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this
endorsement. For complete details on specific coverages, consult the policy contract wording.
Coverage Applicable
Limit of Insurance
Page #
Damage to Premises Rented to You
$1,000,000
2
Extended Property Damage
included
2
Non -Owned Watercraft
Less than 58 feet
2
Medical Payments
$20,000
2
Medical Payments — Extended Reporting Period
3 years
3
Athletic Activities
Amended
3
Supplementary Payments — Bail Bonds
$2,500
3
Supplementary Payment — Loss of Earnings
$500 per day
3
Employee Indemnification Defense Coverage for Employee
$25,000
3
Additional Insured - Medical Directors and Administrators
Included
3
Additional Insured — Managers and Supervisors
Included
3
Additional Insured — Broadened Named Insured
Included
3
Additional Insured — Funding Source
Included
4
Additional Insured — Home Care Providers
Included
4
Additional Insured — Managers, Landlords, or Lessors of Premises
Included
4
Additional Insured - Lessor of Leased Equipment —Automatic Status
When Required in Lease Agreement With You
Included
4
Additional Insured — Grantor of Permits
Included
4
Limited Rental Lease Agreement Contractual Liability
$50.000 limit
5
Damage to Property You Own, Rent, or Occupy
$30,000 limit
5
Transfer of Rights of Recovery Against Others To Us
Clarification
5
Duties in the Event of Occurrence, Claim or Suit
Included
5
Unintentional Failure to Disclose Hazards
Included
5
Liberalization
Included
6
Bodily Injury— includes Mental Anguish
Included
6
Personal and Advertising Injury — includes Abuse of Process,
Discrimination
Included
6
Key and Lock Replacement — Janitorial Services Client Coverage
$5,000 limit
6
Page 1 of 7
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
PI-GLD-HS (04/07)
A. Damage to Premises Rented to You
1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the
word "fire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protective
systems" where it appears in:
a. The last paragraph of SECTION 1— COVERAGES, COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions;
b. SECTION Ill - LIMITS OF INSURANCE, Paragraph 6.;
c. SECTION V — DEFINITIONS, Paragraph 9.a.
2. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the
words "Fire insurance" are changed to "insurance for fire, lightning, explosion, smoke, or leakage
from automatic fire protective systems" where it appears in:
a. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other
Insurance, Paragraph b. Excess Insurance
3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the
greater of:
a. $1,000,000; or
b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit.
This is the most we will pay for all damage proximately caused by the same event, whether such
damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective
systems or any combination thereof.
B. Extended "Property Damage"
SECTION 1— COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted and replaced by the following:
a. Expected or Intended Injury
"Bodily Injury' or "Property Damage" expected or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of
reasonable force to protect persons or property.
C. Non -Owned Watercraft
SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is amended to read as follows:
(2) A watercraft you do not own that is:
(a) Less than 58 feet long; and
(b) Not being used to carry persons or property for a charge;
This provision applies to any person, who with your consent, either uses or is responsible for the
use of a watercraft. This insurance is excess over any other valid and collectible insurance
available to the insured whether primary, excess or contingent.
D. Medical Payments - Limit Increased to $20,000. Extended Reporting Period
Page 2of7
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PI-GLD-HS (04/07)
If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part:
1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF
INSURANCE to the greater of:
a. $20,000; or
b. The Medical Expense Limit shown in the Declarations of this Coverage Part.
2. COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, the second part of
Paragraph a. is amended to read
provided that:
(2) The expenses are incurred and reported to us within three years of the date of the accident;
E. Athletic Activities
SECTION I — COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions,
Paragraph e. Athletic Activities is deleted and replaced with the following:
e. Athletic Activities
To a person injured while taking part in athletics.
F. Supplementary Payments
Under the SUPPLEMENTARY PAYMENTS - COVERAGE A AND B provision, Items 1.b. and 1.d.
are amended as follows:
1. The limit for the cost of bail bonds is changed from $250 to $2,500; and
2. The limit for loss of earnings is changed from $250 a day to $500 a day.
G. Employee Indemnification Defense Coverage
Under the SUPPLEMENTARY PAYMENTS - COVERAGES A AND B provision, the following is
added:
3. We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding.
The most we will pay for any "employee" who is alleged to be directly involved in a criminal
proceeding is $25,000 regardless of the numbers of "employees", claims or "suits" brought or
persons or organizations making claims or bringing "suits".
H. SECTION II -WHO IS AN INSURED is amended as follows:
1. If coverage for newly acquired or formed organizations is not otherwise excluded from this
Coverage Part, Paragraph 3.a. is changed to read:
a. Coverage under this provision is afforded until the end of the policy period.
2. Each of the following is also an insured:
a. Medical Directors and Administrators - Your medical directors and administrators, but only
while acting within the scope of and during the course of their duties as such. Such duties do
not include the furnishing or failure to fumish professional services of any physician or
psychiatrist in the treatment of a patient.
Page 3of7
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
PI-GLD-HS (04/07)
b. Managers and Supervisors - If you are an organization other than a partnership or joint
venture, your managers and supervisors are also insureds, but only with respect to their duties
as your managers and supervisors.
c. Broadened Named Insured - Any organization and subsidiary thereof which you control and
actively manage on the effective date of this Coverage Part. However, coverage does not
apply to any organization or subsidiary not named in the Declarations as Named Insured, if they
are also insured under another similar policy, but for its termination or the exhaustion of its limits
of insurance.
d. Funding Source - Any person or organization with respect to their liability arising out of:
(1) Their financial control of you; or
(2) Premises they own, maintain or control while you lease or occupy these premises.
This insurance does not apply to structural alterations, new construction and demolition
operations performed by or for that person or organization.
e. Home Care Providers - At the first Named Insured's option, any person or organization under
your direct supervision and control while providing for you private home respite or foster home
care for the developmentally disabled.
f. Managers, Landlords, or Lessors of Premises - Any person or organization with respect to
their liability arising out of the ownership, maintenance or use of that part of the premises
leased or rented to you subject to the following additional exdusions:
9•
This insurance does not apply to:
(1) Any "occurrence" which takes place after you cease to be a tenant in that premises.
(2) Structural alterations, new construction or demolition operations performed by or on
behalf of that person or organization.
Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement
With You — Any person or organization from whom you lease equipment when you and such
person or organization have agreed in writing in a contract or agreement that such person or
organization is to be added as an additional insured on your policy. Such person or
organization is an insured only with respect to liability for "bodily injury", "properly damage"
or "personal and advertising injury caused, in whole or in part, by your maintenance, operation
or use of equipment leased to you by such person or organization.
A person's or organization's status as an additional insured under this endorsement ends when
their contract or agreement with you for such leased equipment ends.
With respect to the insurance afforded to these additional insureds, this insurance does not
apply to any "occurrence" which takes place after the equipment lease expires.
h. Grantors of Permits — Any state or political subdivision granting you a permit in connection
with your premises subject to the following additional provision:
(1) This insurance applies only with respect to the following hazards for which the state or
political subdivision has Issued a permit in connection with the premises you own, rent or
control and to which this insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising
signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees,
hoist away openings, sidewalk vaults, street banners or decorations and similar
exposures; or
Page 4of7
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
PI-GLD-HS (04/07)
(b) The construction, erection, or removal of elevators; or
(c) The ownership, maintenance, or use of any elevators covered by this insurance.
1. Limited Rental Lease Agreement Contractual Liability
The following is added to SECTION 1— COVERAGES, COVERAGE A. BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability:
(3) Based on the named insured's request at the time of claim, we agree to indemnify the named
insured for their liability assumed in a contract or agreement regarding the rental or lease of a
premises on behalf of their client, up to $50,000. This coverage extension only applies to rental
lease agreements. This coverage is excess over any renter's liability insurance of the client.
J. Damage to Properly You Own, Rent or Occupy
SECTION 1— COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its
entirety and replaced with the following:
(1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any
other person, organization or entity, for repair, replacement, enhancement, restoration or
maintenance of such property for any reason, including prevention of injury to a person or
damage to another's property, unless the damage to property is caused by your client, up to a
$30,000 limit. A client is defined as a person under your direct care and supervision.
K. Transfer of Rights of Recovery Against Others To Us
As a clarification, the following is added to SECTION IV — COMMERCIAL GENERAL LIABLITY
CONDITIONS, Paragraph 8. Transfer of Rights of Recovery Against Others To Us:
Therefore, the insured can waive the insurer's Rights of Recovery prior to the occurrence of a loss,
provided the waiver is made in a written contract.
L. Duties in the Event of Occurrence, Claim or Suit
1. The requirement in Paragraph 2.a. of SECTION IV - COMMERCIAL GENERAL LIABILITY
CONDITIONS that you must see to it that we are notified as soon as practicable of an `occurrence"
or an offense, applies only when the "occurrence" or offense is known to:
a. You, if you are an individual;
b. A partner, if you are a partnership; or
c. An executive officer or insurance manager, if you are a corporation.
2. The requirement in Paragraph 2.b. of SECTION IV — COMMERCIAL GENERAL LIABILITY
CONDITIONS that you must see to It that we receive notice of a claim or "suit" as soon as
practicable will not be considered breached unless the breach occurs after such daim or "suit" is
known to:
a. You, if you are an individual;
b. A partner, if you are a partnership; or
c. An executive officer or insurance manager, if you are a corporation.
Page 5of7
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
PI-GLD-HS (04/07)
M. Unintentional Failure To Disclose Hazards
It is agreed that, based on our reliance on your representations as to existing hazards, if you should
unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this
Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.
N. Liberalization
If we revise this endorsement to provide more coverage without additional premium charge, we will
automatically provide the additional coverage to all endorsement holders as of the day the revision is
effective in your state.
O. Bodily Injury - Mental Anguish
SECTION V — DEFINITIONS, Paragraph 3. is changed to read:
"Bodily Injury":
a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish
resulting from any of these; and
b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any
time.
P. Personal and Advertising Iniury — Abuse of Process. Discrimination
If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise
excluded from this Coverage Part, the definition of "personal and advertising injury" is amended as
follows:
1. SECTION V— DEFINITIONS, Paragraph 14.b. is revised to read:
b. Malicious prosecution or abuse of process;
2. SECTION V— DEFINITIONS, Paragraph 14. is amended to include the following:
"Personal and advertising injury" also means discrimination based on race, color, religion, sex,
age or national origin, except when:
(1) Done intentionally by or at the direction of, or with the knowledge or consent of:
(a) Any insured; or
(b) Any executive officer, director, stockholder, partner or member of the insured; or
(2) Directly or indirectly related to the employment, former or prospective employment,
termination of employment, or application for employment of any person or persons by an
insured; or
(3) Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental,
lease or sub -lease of any room, dwelling or premises by or at the direction of any insured; or
(4) Insurance for such discrimination is prohibited by or held in violation of law, public policy,
legislation, court decision or administrative ruling.
The above does not apply to fines or penalties imposed because of discrimination.
The following additional coverage is added to A. COVERAGE 4. ADDITIONAL COVERAGES:
Page 6 of 7
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
PI-GLD-HS (04/07)
Q. Key and Lock Replacement — Janitorial Services Client Coveraae
1. We will pay for the cost to replace keys and locks at the "dents" premises due to theft or other
loss to keys entrusted to you by your "client", up to a $5,000 limit per occurrencel$5,000 policy
aggregate.
2. We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that
you or any of your partners, members, officers, "employees", "managers", directors, trustees,
authorized representatives or any one to whom you entrust the keys of a "client' for any purpose
commit, whether acting alone or in collusion with other persons.
3. The following, when used on this coverage, are defined as follows:
a. "Client" means an individual, company or organization with whom you have a written contract or
work order for your services for a described premises and have billed for your services.
b. "Employee'
1. Any natural person:
a. While in your service or for 30 days after termination of service;
b. Who you compensate directly by salary, wages or commissions; and
c. Who you have the right to direct and control while performing services for you; or
2. Any natural person who is furnished temporarily to you:
a. To substitute for a permanent "employee" as defined in Paragraph 1. above, who is
on leave; or
b. To meet seasonal or short-term workload conditions;
while that person is subject to your direction and control and performing services for you.
3. "Employee" does not mean:
a. Any agent, broker, person leased to you by a labor leasing firm, factor, commission
merchant, consignee, independent contractor or representative of the same general
character; or
b. Any "manager', director or trustee except while performing acts coming within the
scope of the usual duties of an "employee".
c. "Manager" means a person serving in a directorial capacity for a limited liability company.
Page 7of7
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
POLICY CHANGE DOCUMENT
POLICY NO.: PHPK792447
Philadelphia Indemnity Insurance Company' 19947 G.S. LEVINE INSURANCE
NAMED INSURED
Trauma Intervention Programs
of San Diego County, Inc.
MAILING ADDRESS 2560 Orion Way
Carlsbad, CA 92010-7240
POLICY PERIOD: FROM 12/15/2011 TO 12/15/2012 at
12:01 A.M. Standard Time at your mailing address shown above.
CHANGE EFFECTIVE 06/20/2012
CHANGE # 1
DESCRIPTION
In consideration of the premium reflected, the policy is amended as indicated below:
Amended:
General Liability to
$2,000,000 Per Occurrence
$4,000,000 General Aggregate
$4,000,000 Products Aggregate
Professional Liability to
$2,000,000 Each Prof Incdt Lmt
$4,000,000 Aggregate Limit
Per attached
Path ID 6362669
Total Annual Total Prorate
Additional/Return Premium $
84.00
ADDITIONAL
Additional/Return Premium $ 40.00
ADDITIONAL
COUNTERSIGNED BY
(Date) (Authorized Representative)
Insurance Policy Page 1 of 1
Change Date: 06/20/2012
Philadelphia Indemnity Insurance Company
COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS
Policy Number: PHPK792447
Agent# 19947
® See Supplemental Schedule
LIMITS OF INSURANCE
$ 4,000,000 General Aggregate Limit (Other Than Products — Completed Operations)
$ 4,000,000 Products/Completed Operations Aggregate Limit (Any One Person Or Organization)
$ 2,000,000 Personal and Advertising Injury Limit
$ 2,000,000 Each Occurrence Limit
$ 100, 000 Rented To You Limit
$ 5, 000 Medical Expense Limit (Any One Person)
FORM OF BUSINESS: NON PROFIT ORGANIZATION
Business Description: Non Profit Organization
Location of All Premises You Own, Rent or Occupy: SEE SCHEDULE ATTACHED
AUDIT PERIOD, ANNUAL, UNLESS OTHERWISE STATED: N/A
Classifications Code No.
Premium
Basis
Rates
Prem./ Prod./
Ops. Comp. Ops
Advance Premiums
Prem./ Prod./
Ops. Comp. Ops.
SEE SCHEDULE ATTACHED
TOTAL PREMIUM FOR THIS COVERAGE PART
$ 276.00
$
RETROACTIVE DATE (CG 00 02 ONLY)
This insurance does not apply to "Bodily Injury", "Property Damage", or "Personal and Advertising Injury" which
occurs before the retroactive date, if any, shown below.
Retroactive Date:
FORM (S) AND ENDORSEMENT (S) APPLICABLE TO THIS COVERAGE PART: Refer To Forms Schedule
Countersignature Date Authorized Representative
Change Date: 06/20/2012 PI-HS-003D (07/04)
PHILADELPHIA INDEMNITY INSURANCE COMPANY
HUMAN SERVICES ORGANIZATION PROFESSIONAL LIABILITY COVERAGE PART
DECLARATIONS
POLICY NO. PHPK792447
Effective Date: 12/15/2011
12:01 A.M. Standard Time
LIMITS OF INSURANCE
AGGREGATE LIMIT $ 4,000,000
EACH PROFESSIONAL INCIDENT LIMIT $ 2,000,000
BUSINESS DESCRIPTION
Form of Business: NON PROFIT ORGANIZATION
Business Description: Non Profit Organization
PREMIUM: $ 1,343.00
FORMS AND ENDORSEMENTS (Other than Applicable Forms and Endorsements Shown Elsewhere in the Policy)
Forms and Endorsements Applying to this Coverage Part and Made Part of this Policy at Time of Issue:
SEE SCHEDULE
THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD.
Includes Copyrighted Material of the Insurance Service Office, Inc Used with its Permission.
Page 1 of 1
STATE
COMPENSATION
INS U R A N C E
FUND
HOME OFFICE
SAN FRANCISCO
ALL EFFECTIVE DATES ARE
AT 12:01 AM PACIFIC
STANDARD TIME OR THE
TIME INDICATED AT
PACIFIC STANDARD TIME
ENDORSEMENT AGREEMENT
WAIVER OF SUBROGATION
1429032-12
RENEWAL
SD
PAGE 1 OF 1
EFFECTIVE AUGUST 1, 2012 AT 12.01 A.M.
AND EXPIRING AUGUST 1, 2013 AT 12.01 A.M.
TIP OF SAN DIEGO COUNTY, INC.
2560 ORION WAY
CARLSBAD, CA 92010
ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING,
IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND
WAIVES ANY RIGHT OF SUBROGATION AGAINST,
CITY OF NATIONAL. CITY
WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS
POLICY IN CONNECTION WITH WORK PERFORMED BY,
TIP OF SAN DIEGO COUNTY, INC.
IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN
PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION
OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE
EMPLOYER.
IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH
EMPLOYEES SHALL BE INCREASED BY 037..
NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE
OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS
POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE
HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR
LIMITATIONS OF THIS ENDORSEMENT.
COUNTERSIGNED AND ISSUED AT SAN FRANCISCO:
JULY 20, 2012
7L
2570
1
STATE
['O M PENSAT,ON
NSLJRANCN
FUND
ISSUE DATE: 08-01-2012
POLICYHOLDER COPY
PO. BOX 420807, SAN FRANCISCO,CA 94142-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD
NATIONAL CITY CA 91950-4301
SD
GROUP:
POLICY NUMBER: 1429032-2012
CERTIFICATE ID: 8
CERTIFICATE EXPIRES: 08-01-2013
08-01-2012/08-01-2013
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage at forded
by the policy listed herein Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
'thou. C
Authorized Representative `J President and CEO
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-01-2005 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2012-08-01 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME:
CITY OF NATIONAL CITY
EMPLOYER
SD
TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO SD
CNTY, INC. (A NON-PROFIT CORP)
2560 ORION WAY
CARLSBAD CA 92010
Y/ AA1]
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
January 14, 2013
Ms. Shay Gebler
Trauma Intervention Programs of San Diego County
2560 Orion Way
Carlsbad, CA 92010
Dear Ms. Gebler,
On July 1st 2012, an Agreement was entered between the City of National City and
Trauma Intervention Programs of San Diego County.
We are enclosing for your records a fully executed original Agreement.
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Housing & Grants