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12-07-2017 Item 16 Report Boys and Girls Club 20 year lease
CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT "c.ETING DATE: December 7, 2010 AGENDA ITEM NO. 16 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a 20-year Lease between the City and the Boys' and Girls' Club of Greater San Diego, Inc., for the land and building located at 1430 D Avenue PREPARED BY: George H. Eiser, III PHONE: Ext. 4221 EXPLANATION: Please see attached memorandum. DEPARTMENT: City Attorney APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ",TTACHMENTS: .Aemorandum Lease Resolution Mayor Ron Morrison Council Members Alejandro Sotelo-Solis Jess Van Deventer Rosalie Zarate liNConi,o. E Office of the City Attorney City Attorney Claudia Gacitua Silva Legal Counsel George H. Eiser, III Senior Assistant City Attorney Jodi L. Doucette TO: Mayor and City Council DATE: November 23, 2010 FROM: George H. Eiser, HI, Legal Counsel SUBJECT: Lease with Boys' and Girls' Club of Greater San Diego, Inc., In December, 2008, shortly after the Boys' and Girls' Club of National City ("BGCNC") merged with the Boys' and Girls' Club of Greater San Diego, Inc. ("BGCGSD"), the City entered into a month -to -month lease of its land and building at 1430 D Avenue (the "Leased Premises") with BGCGSD. In entering into the month -to -month lease, it was the understanding of the parties that a long-term lease would eventually be entered into. After many months of preparation, a proposed long-term lease has been approved by BGCGSD's representatives and is now ready for consideration by the City Council. The proposed lease, which is included with this agenda item, contains the following main points: • The term of the Lease is 20 years. • Rent is $1.00 per year. • Use of the Leased Premises is for a Boys' and Girls' Club only. • A provision for performance standards is included, which requires the Lessee to adhere to the Requirements for Membership as a Member Organization of the Boys and Girls Club of America. • Any assignment or subletting of the Lease requires the prior written consent of the City of National City. • The Lessee is responsible for routine maintenance and payment of utilities. • The Lessee is responsible for repairs, but the City must consent to all repairs or alterations costing over $5,000. • Typical insurance and indemnification requirements are included. • All signage shall be pre -approved by the City of National City. • The Lessee ie responsible for all possessory interest taxes, if any. It should be noted that for the past several years, the City has without exception inserted in all its long-term leases an optional termination provision authorizing termination of the lease by the City in the City Council's discretion, conditioned upon paying the lessee the fair market value of all lessee improvements. Such a provision typically states the following: 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Boys' and Girls' Club Lease October 26, 2010 Page Two Optional Termination by Lessor. This Lease may be terminated by Lessor, upon one year's written notice to Lessee, if Lessor determines, in its sole discretion, that the Leased Premises are needed for a public purpose. In the event of such termination, Lessor shall reimburse Lessee the Fair Market Value of all improvements installed by Lessee on the Leased Premises, as determined by an independent qualified appraiser retained by Lessor and subject to Lessee's reasonable approval. Notwithstanding anything to the contrary herein, Lessor may not exercise its option to terminate as set forth in this Section 15 during the initial five (5) years of the Lease, and may only exercise its option to terminate the Lease no sooner than the first day of the initial Option Period, if any. BGCGSD objected to the inclusion of the optional termination provision in the proposed lease, on the basis that such a provision would impede BGCGSD in its efforts to obtain grant funding from various sources. For this reason, the optional termination provision has not been included in the proposed lease. However, the City Council may direct that the provision be reinserted to reserve maximum flexibility to the City concerning the property. GEORGE H. EISER, III Legal Counsel GHE/gmo LEASE BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE BOYS & GIRLS CLUBS OF GREATER SAN DIEGO, INC. This Lease is made and entered into this 9th day of. November, 2010, (the "Commencement Date"), by and between the City of National City, a municipal corporation, hereinafter designated as "Lessor", and the Boys & Girls Clubs of Greater San Diego, Inc., hereinafter designated as "Lessee." RECITALS A. Lessee is desirous of leasing from Lessor certain real property for the purpose of maintaining a clubhouse thereon, and for promoting the physical, mental, and moral well- being of the boys and girls of the City of National City, and for boys and girls in the immediate vicinity thereof. B. The use of said property for the purpose aforementioned will promote the general welfare of all the inhabitants of the City of National City. NOW, THEREFORE, the parties hereto agree as follows: 1. Leased Premises. Lessor does hereby lease, demise and let to Lessee the real property and improvements situated in the City of National City, County of San Diego, State of California, commonly known as 1430 "D" Avenue, as more specifically described in the attached Exhibit "A", and shown on the attached Exhibit `B", which are incorporated herein by reference (the "Leased Premises"). 2. Term. The Term of the Lease shall be for a period of twenty (20) years from the date first written above. 3. Use. The above described premises are leased to Lessee by Lessor for the purpose of maintaining a Boys and Girls Club, and to be used exclusively and for no other purpose than to maintain said Boys & Girls Club, and to promote the physical, mental, and moral well-being of the boys and girls of the City of National City and territory adjacent thereto, and to provide such means of education, wholesome recreation, and proper guidance as may seem most likely and desirable for the accomplishment of the purposes herein set forth. 4. Legal Status of Lease. Lessee warrants that it is a California nonprofit corporation. 5. Rent. Lessor and Lessee acknowledge that the consideration for this Lease and any option period shall be the annual sum of One Dollar ($1.00) and the mutual benefit to be derived from Lessee's uses of the Leased Premises, as specified herein. 1 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 6. Assignment and Subletting. This Lease shall not be assigned, sublet, hypothecated, leveraged, or transferred without the prior written consent of Lessor. 7 Repairs by Lessor. Lessor shall be required to make such repairs or replacements to the Leased Premises as may be required for normal maintenance and operation, which shall include the repairs and/or replacements to all structural portions of the building located on the Leased Premises, and all walls, floors, corridors, windows, HVAC, mechanical electrical, plumbing, paving and parking, exterior windows, and other structures and equipment within and serving the Leased Premises, and such additional maintenance as may be necessary because of damages by persons other than Lessee, its agents, employees, invitees, or visitors, all in accordance with standard practices for similar commercial buildings in the San Diego, California area. Lessor shall be responsible for extermination/pest control for the Leased Premises. Without limiting the foregoing, notwithstanding anything to the contrary set forth herein, if Lessor is required to make repairs to take other corrective action in the Leased Premises by reason of Lessee's negligent acts or negligent failure to act reasonably, Lessor shall have the right to recover from Lessee the reasonable cost of the repairs or other work. 8. Repairs by Lessee. Lessee agrees to repair or replace any damage or injury done to the Leased Premises, or any part thereof, caused by Lessee or Lessee's agents, employees, invitees, or visitors, at Lessee's own cost and expense within a reasonable time after written notice from Lessor. If Lessee fails to make such repairs or replacements within a reasonable time after written notice, Lessor may, at its option, make such repairs or replacements, and Lessee shall repay the cost thereof to the Lessor as additional rent within ten (10) days of written demand. However, for any repair work, other than repair work in emergency situations, costing over Five Thousand and no/100 Dollars ($5,000.00) to be performed by Lessee or Lessee's agents, Lessee shall not perform such repair work without the prior written consent of Lessor's City Manager or designee. Any repairs or replacements in or to the Leased Premises, other than repair work in emergency situations, which would require an expenditure exceeding Five Thousand and no/100 Dollars ($5,000.00) and which constitute a "public project" under Section 20161 of the California Public Contract Code, shall be contracted for/by Lessor and let to the lowest responsible bidder after notice. 9. Routine Maintenance by Lessee. From and after the Commencement Date and during the Term, Lessee shall, at its own cost and expense, make all repairs and replacements required by this Lease, reasonable wear and use excepted, and excepting those repairs to be made by Lessor as set forth in Section 7 above. 10. Waste. Lessee shall not commit waste (property abuse, destruction, or damage) beyond normal wear and tear of the Leased Premises. 2 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 11. Improvements, Alterations, and Additions. Lessee shall not make or allow to be made any major alterations or physical additions in or to the Leased Premises which affect the structure or any other improvements and costing more than Five Thousand and no/100 Dollars ($5,000.00) without first obtaining the prior written consent of Lessor's City Manager or designee, which consent shall not be unreasonably withheld. All work shall be done by contractors approved by Lessor. Any alterations or physical additions in or to the Leased Premise that would require an expenditure exceeding Five Thousand and no/100 Dollars ($5,000.00), and which constitute a "public project" under Section 20161 of the California Public Contract Code, shall be contracted for/by Lessor and let to the lowest responsible bidder after notice. Any and all such alterations, physical additions, or improvements, when made to the Leased Premises by Lessee, shall at once become the property of Lessor and shall be surrendered to Lessor upon the termination of this Lease by lapse of time or otherwise; provided, however, this clause shall not apply to trade fixtures, equipment, or furniture owned by Lessee. Any Lessee improvements, alterations or additions shall comply with all government, local building code, permitting, and competitive bidding requirements. Lessee shall give Lessor written notice five (5) days prior to employing any laborer or contractor to perform major work on the Leased Premises so that Lessor may post a notice of non -responsibility, if allowed by law. Lessee shall not be required to remove alterations, physical additions; or improvements upon termination of this Lease 12. Utilities. Lessee will be responsible for payment of utilities, including but not limited to electric, gas, telephone, security, fire alarm, sewer, trash, and water. Lessee understands that it is responsible for the proper disposal of debris in the designated trash receptacles provided by the Lessor. No trash is to be placed in front of or on the sides of the container nor should any trash be placed on top of the lids. Lessee further understands that it will be billed accordingly for not disposing of trash in the proper manner, which includes breaking down all boxes and containers prior to being placed in the trash bins. 13. Indemnity and Insurance. a. Disclaimer of Liability. Lessor shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Lessee's construction, maintenance, repair, use, operation, or dismantling of the Leased Premises except to the extent caused by Lessor's negligence or willful misconduct. b. Indemnification. Lessee shall, at its sole cost and expense, defend, indemnify, and hold harmless Lessor and its officials, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as "indemnitees"), from and against: 3 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses, including without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants, which may arise out of or be in any way connected with Lessee's construction, maintenance, repair, use, operation, or dismantling of the Leased Premises or Lessee's failure to comply with any federal, state, or local statute, ordinance or regulation. • ii. Lessee's obligations to indemnify indemnitees under this Lease shall not extend to claims, losses, and other matters covered hereunder to the extent such claims arise out of the negligence or willful misconduct of one or more indemnitees. c. Assumption of Risk. Lessor warrants that it does not have knowledge that a dangerous condition exists at the Premises except as may be specifically set forth in this Lease. Lessee undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors, and employees (collectively for the purpose of this section), all risks of unknown dangerous conditions, if any, on or about the Leased Premises, and Lessee hereby agrees to indemnify and hold harmless Lessor against and from any claim asserted or liability imposed upon the Indemnitiees for personal injury or property damage to any person (other than from Indemnitee's negligence or willful misconduct) arising out of Lessee's construction, maintenance, repair, use, operation or dismantling of the Leased Premises or Lessee's failure to comply with any federal, state, or local statute, ordinance or regulation. d. Defense of Lessor. In the event any action or proceeding shall be brought against Lessor by reason of any matter for which Lessor is indemnified hereunder, Lessee shall, upon notice from Lessor at Lessee's sole cost and expense, resist and defend the same with legal counsel mutually selected by Lessor and Lessee, provided however, that Lessee shall not admit liability in any such matter on behalf of Lessor without prior written consent of Lessor's City Manager or designee, which consent shall not be unreasonably withheld, and provided further that Lessee shall not admit liability for, nor enter into any compromise or settlement of, any claim for which it is indemnified hereunder, without the prior written consent of Lessor, which consent shall not be unreasonably withheld. e. Notice; Cooperation and Expenses. Lessee shall give Lessor prompt notice of the making of any claim or the commencement of any action, suit, or other proceeding covered by the provisions of this paragraph. Nothing herein shall be deemed to prevent Lessor from cooperating with Lessee and participating in the defense of any litigation by Lessor's own counsel: 4 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego f. Insurance. During the term of the Lease, Lessee shall maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance: i. Worker's compensation insurance meeting applicable statutory requirements. g. ii. Commercial general liability insurance with minimum limits of Two Million and no/100 Dollars ($2,000,000.00) as the combined single limit for each occurrence of bodily injury, personal injury, and property damage. iii. At the start of and during the period of any construction by Lessee, builders all-risk insurance, together with an installation floater or equivalent property coverage covering cables, materials, machinery, and supplies of any nature whatsoever which are to be used in or incidental to the installation of improvements. iv. All policies other than for Worker's Compensation shall be written on an occurrence and not on claims made basis. v. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. vi. Lessee shall furnish certificates of insurance to Lessor before commencement of the Lease term. Named Insureds. All policies, except for worker's compensation policies, sha11 name Lessor and its officials, boards, commissions, employees, agents, and contractors, as their respective interests may appear, as additional insureds (herein referred to as the "Additional Insureds"), and a separate additional insured endorsement shall be provided. h. Evidence of Insurance. Certificates of Insurance of each insurance policy required to be obtained by Lessee in compliance with this paragraph, along with written evidence of payment of required premiums shall be filled and maintained with Lessor annually during the term of the Lease. Lessee shall immediately advise Lessor of any claim or litigation that may result in liability to Lessor. i. Cancellation of Policies of Insurance. All insurance policies maintained pursuant to this Lease shall contain the following endorsement: 5 'Lease Between City of National City and Boys and Girls Clubs of Greater San Diego At least thirty (30) days' prior written notice shall be given to Lessor by the insurer of any intention not to renew such policy or to cancel, replace, or materially alter same. Insurance Companies. All insurance shall be affected under valid and enforceable policies, insured by insurers licensed to do business by the State of Califomia or surplus carriers on the State of California Insurance Commissioner's approval list of companies qualified to do business in the State of California. All insurance carriers and surplus line carriers shall be rated A+ or better by A.M. Best Company, or as otherwise approved by Lessor's Risk Manager. k. Deductibles. All insurance policies may be written with deductibles not to exceed $50,000 unless approved in advance by Lessor's Risk Manager. Lessee agrees to indemnify and save harmless Lessor, the indemnitees, and Additional Insureds from and against the payment deductible and from the payment of any premium on any insurance policy required to be furnished by the Lease. 1. Contractors. Lessee shall require that each . and every one of its contractors and their subcontractors who perform work on the Leased Premises on behalf of Lessee to carry in full force and effect, workers' compensation, comprehensive commercial general liability, and automobile liability insurance coverages of the type which Lessee is required to obtain under the terms of this paragraph with appropriate limits of insurance. m. Responsibility after Termination. Upon termination of the Lease, each party shall remain responsible to the other for any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses, and expenses arising under the Lease which arose out of the Lease and occurred prior to such date of termination. n. Review of Limits. Once during each calendar year during the term of the Lease, Lessor may review the insurance coverages to be carried by Lessee. If Lessor determines that higher limits of coverage are necessary to protect the interests of Lessor or the Additional Insureds, Lessee shall be so notified, and shall obtain the additional limits of insurance, at its sole cost and expense. 14. Inspection. Lessor, by and through its proper officers, reserves and shall always have the right, upon reasonable notice and at a reasonable time, to enter the Leased.Premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof. 6 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 15. Removal of Personal Property. At the termination or expiration of this Lease or any renewal thereof, Lessee shall, within ninety (90) days of written request by Lessor, remove any and all personal property not owned by Lessor, placed or erected on the premises during the term thereof, or any renewal thereof, and that all expense connected with such removal shall be borne by Lessee. Lessor shall have the right to sell, destroy, remove, or otherwise dispose of any such personal property left on the premises longer than ninety (90) days after termination of this Agreement. The premises shall be left by Lessee in a clean, neat, and safe condition, and the exclusive possession and use of the property shall revert to Lessor. 16. Non -Discrimination. Lessee agrees that there shall be no discrimination against or segregation of any person or group of persons because of race, color, creed, national origin, sex, sexual orientation, ancestry, marital status, physical handicap, or medical condition in the use occupancy or enjoyment of the property, nor shall Lessee, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of users of the property. 17. Waiver. The failure or omission of Lessor to terminate this Lease for any violations of any of its terms, conditions, or covenants shall in no way be deemed to be a consent by Lessor to such violation, and shall in no way bar, stop, or prevent Lessor from terminating this Lease thereafter, either for such or for any subsequent violation of any such term, condition, or covenant. 18. Signs. Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or portion of the outside of the Leased Premises except to be of such type and color, size and style, and in such place as may be approved by Lessor. Any additional signage or changes to existing signage after the Commencement Date will require Lessee to pay for and obtain all regulatory approvals (permits) for the Leased Premises. 19. Waiver of Relocation Assistance. In consideration for the execution of this Lease by Lessor, Lessee hereby waives any claim for relocation assistance benefits to which it may otherwise be entitled under federal, state, or local law or regulations, upon vacation of the Leased Premises. 20. Americans with Disabilities Act. Upon commencement of this Lease, Lessee shall comply, at its sole cost, with requirements of ADA which provides for the removal of architectural barriers that prevent equal access to disabled persons on the interior of the Leased Premises. Through the duration of the Lease, Lessor shall comply, at its sole cost, with requirements of the ADA which provides for the removal of architectural barriers that prevent equal access to disabled persons on the exterior of the Leased Premises. Lessor warrants that the Premises will be ADA compliant at the time possession is delivered to Lessee. 7 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 21. Compliance with Environmental and Other' Laws. Lessee shall not engage in activities upon the Leased Premises, or any portion thereof, for the purpose of or anyway involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal, accidental or intentional), or any hazardous or toxic substances, materials or wastes, or any wastes regulated under any local, state, or federal law; provided, however, normal quantities and use of those hazardous or toxic substances or materials customarily used in the conduct of Lessee's permitted uses, such as paints, stains, solvents, and similar materials, may be used and stored by Lessee at the Leased Premises. Lessee shall be, and remain for the term of this Lease, in full compliance with all applicable laws governing the use and occupancy of the Leased Premises including, without limitation, the handling, manufacturing, treatment, storage, disposal, discharge, use, and transportation of hazardous or toxic substances, materials or wastes, and any wastes regulated under any local, state, or federal law. Lessee has been advised that no digging or excavation at the,site will be authorized without appropriate environmental oversight. 22. Obstruction. Except as permitted by this Lease, and except for those materials customarily used in the conduct of Lessee's permitted uses, Lessee shall not place, install, maintain, or allow any combustible materials in buildings, structures, or other improvements upon the Leased Premises, and shall not cause or allow the surface elevation therein to be changed in any way whatsoever, without prior written approval of Lessor's City Manager or designee. 23. Lessee's Obligation to Quit. Lessee shall, upon termination of this Lease, leave and peaceably and quietly surrender and deliver to Lessor the Leased Premises and all improvements, buildings, and fixtures hereon or constituting a part thereof, and any replacements or renewals thereof in a good condition, order, and repair as the same were at the Commencement Date or thereafter may have been put, reasonable wear and use excepted. Notwithstanding the foregoing or anything in this Lease to the contrary, Lessee shall have the right at any time during this Lease to remove from the Leased Premises Lessee's trade fixtures, fumiture, equipment, and personal property, provided that Lessee repairs any damage caused by such removal. 24. Termination. This Lease may be terminated as follows: a. In the event that during the term of this Lease, funding to operate the Club is either eliminated or reduced to a point so as to render continued operation of the Club impractical or impossible, Lessee may terminate the Lease upon ninety (90) days' written notice to the Lessor. b. • By Lessor upon the occurrence of one or more of the following defaults ("Defaults"), and the failure of Lessee to cure any such Default within any applicable grace period. 8 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 10 i. The failure of Lessee to provide reasonable evidence of insurance within thirty (30) days of the renewal of any policy required herein; ii. The failure of Lessee to fulfill any obligation of Lessee under this Lease which endangers or threatens life or property, where such failure continues for a period of five (5) business days following written notice from Lessor. iii. A failure by Lessee to perform any material obligation of Lessee (other than those described above), where such failure continues for a period of thirty (30) days after written notice from Lessor; provided, however, that if the nature of Lessee's failure to perform is such that more than thirty (30) days are reasonably required for its cure, then it shall not be deemed to be a Default if Lessee commences such cure within said thirty (30) day period, and thereafter diligently prosecutes such cure to completion. iv. The failure by Lessee in conducting its activities to adhere to the provisions of the Requirements for Membership as a Member Organization of the Boys and Girls Club of America, as amended from time to time, the current version of which is attached hereto as Exhibit "C" and incorporated herein by reference c. By Lessee, for Lessor's breach of any covenant, obligation, or condition contained in this Lease which is not cured within thirty (30) days immediately following written notice from the Lessee of such alleged breach, provided, however, that if the nature of Lessor's failure to perform is such that more than thirty (30) days are reasonably required for its cure, then it shall not be deemed to be a Default if Lessor commences such cure within said thirty (30) day period, and thereafter diligently prosecutes such cure to completion. d. By mutual agreement of the Parties hereto. e. By expiration of the Term. f. t Notwithstanding anything in this Lease to the contrary, upon termination of the Lease, neither Lessor nor Lessee shall have any further obligations or responsibilities under the Lease or relating to the Leased Premises, and each party shall be deemed to have released the other from any such further obligations or responsibilities without the need for further action. Notwithstanding the foregoing, each party shall remain responsible to the other for any obligations arising under the Lease which occurred prior to such date of termination. 9 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 25. Lessor Remedies upon a Lessee Default. If Lessee is in Default and has failed to cure such Default within any applicable grace period, Lessor may, at its option, perform such duty or obligation giving rise to the Default on behalf or Lessee, including but no limited to the obtaining of reasonably required insurance policies, or government licenses, permits, or approvals. The costs and expenses of any such performance by Lessor shall be due and payable by Lessee within ten (10) days of receipt of invoice therefore. If any check given to Lessee shall not be" honored by the bank upon which it is drawn, Lessor, at its option, may require all future payments to be made by Lessee to be by cashier's check. In the event of a Default which Lessee has failed to cure within any applicable grace period, or undertaken reasonable action to cure within any applicable grace period, Lessor may, with or without future notice or demand, and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such Default, terminate the Lessee's right to possession of the Leased Premises by any lawful means; continue the Lease; and /or pursue any other remedy now or hereafter available under the laws or judicial decision of the State of California. 26. Lessee's Remedies Upon a Lessor Default. Lessor shall be in default under this Lease ("Lessor Default") if Lessor fails to perform any of the obligations of Lessor under this Lease, and such failure continues for a period of thirty (30) a days after written notice from Lessee; provided, however, that if the nature of Lessor's failure to perform is such that more than (30) days are reasonably required for its cure, then it shall not be deemed to be a Lessor Default if Lessor commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. The rights and remedies of Lessee upon a Lessor Default shall be cumulative, and upon a Lessor Default Lessee may pursue any and all rights and remedies at law or in equity, whether at the same time or otherwise. 27. Hazardous Substances. Lessee shall indemnify, protect, and hold harmless Lessor and each of its respective subsidiaries from and against all costs and damages incurred by Lessor in connection with the presence, emanation, migration, disposal, release, or threatened release of any oil or other petroleum products or hazardous materials or substances on, within, or to or from the Leased Premises as a result of (i) the operations of Lessee after the Commencement Date, and (ii) the activities of third parties affiliated with Lessee or invited on the Leased Premises by Lessee after the Commencement Date and during the term of this Lease. Each party agrees that such party will promptly give written notice to the other party of any investigation, claim, demand, lawsuit, or other action by any governmental or regulatory agency or private party involving the Leased Premises and any hazardous substance or environmental law of which such party has actual notice. 28. Taxes. Lessee recognizes and understandsthat this Lease may create a possessory interest subject to property taxation, and that Lessee may be subject to the payment of property taxes levied on such interest. Lessee further agrees to pay any and all property taxes, if any, assessed during the term of this Lease, 10 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 2- pursuant to Section 107 and 107.1 of the Revenue and Taxation Code, against Lessee's possessory interest in the Leased Premises. 29. Representations and Warranties. The parties represent and warrant that they have powers adequate for the execution, delivery, and performance of their obligations under this Lease; they have taken all necessary actions required to make this Lease the valid and enforceable obligation it purports to be, and this Lease has been duly executed and delivered. 30. Severability; Choice of Law. If any provision of this Lease shall be declared to be void or unenforceable either by law or by a court of competent jurisdiction, the validity or enforceability of remaining provisions shall not thereby be affected. 31. Brokers. Each party hereto represents and warrants to the other that it has not dealt with any broker in connection with the Leased Premises or this Lease. Each party hereto hereby indemnifies and holds the other harmless from and against any liability for commissions due any broker of finder with whom such party has dealt in connection with this Lease. 32. Mailings and Noticing. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile, fax or email; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice; (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility; (iii) if mailed by registered, certified, or ordinary mail, three (3) days (five (5) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service; (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid; or (v) if given by telex, telecopy, facsimile, fax, or email, when sent. Any payment, notice, request, demand, direction, or other communication delivered or sent as specified above shall be directed to the following persons: To the Lessor: Chris Zapata, City Manager City of National City 1243 National City Boulevard National City, California 91950-4397 Email: czapatana,nationalcityca.gov Phone: 619-336-4240 Fax: 619-336-4327 11 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 13 With a copy to: Claudia G. Silva City Attorney City of National City 1243 National City Boulevard National City, CA . 91950 Email: csilva(a�nationalcityca.gov Phone: 619-336-4222 Fax: 619-336-4327 To the Lessee: Danny Sherlock President Boys and Girls Clubs, of Greater San Diego, Inc. 115 West Woodward Escondido, CA 92025 Email: dsherlockRsdyouth.org Phone: 760-746-3315 Fax: 760-740-0240 With a copy to: Laura Bright, Esq. White and Bright, LLP 970 Canterbury Place Escondido, CA 92025 Email: lbrightna,whiteandbright.com Phone: 760-747-3200 Fax: 760-747-5574 33. Entire Agreement. This Lease supersedes any prior agreements, negotiations, and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 34. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength; (ii) each party has actively participated in the drafting, preparation and negotiation of this Lease; (iii) each such party has consulted with or has.had the opportunity to consult with its own, independent counsel and such other professional advisors. as such party has deemed appropriate, relative to any and all matters contemplated under this Lease; (iv) each party and such party's counsel and advisors have reviewed this Lease; (v) each party has agreed to enter into this Lease following such review and the rendering of such advice; and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Lease, or any portions hereof, or any amendments hereto. 12 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 35. No Agency. Nothing in this Lease Agreement shall cause or imply any agency relationship or duty between Lessor and Lessee. 36. Counterparts. This Lease may be signed in counterparts. 37. Recordation. This Lease may be recorded by either party hereto. IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney 13 THE BOYS &BS OF GREATER SAN DIEG (Corporation—res of two c. porate officers) anny Sherlock President and CEO By: /" i Robert Burson Board Chairman Lease Between City of National City and Boys and Girls Clubs of Greater San Diego NOTARY ACKNOWLEDGMENT State of California ) County of San Diego ) On , 2010, before me, , a Notary Public, personally appeared RON MORRISON, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that. he executed thersame in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary State of California ) County of San Diego ) On , 2010, before me, , a Notary Public, personally appeared CLAUDIA G. SILVA, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the. State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary 14 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego NOTARY ACKNOWLEDGMENT State of California ) County of San Diego ) On 43 24 , 2010, before me, kL ` _ _+ , a Notary Public, personally appeared DANNY SHERLOCK, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary State of California ) County of San Diego ) LAURA B. BRIGHT Commission # 1824911 Notary Public • California \�? •i!% San Dingo County M Comm. E Ins Dec 22 2012 On 7) ainhe- 2010, before me, S�� I3(2A€T , a Notary Public, personally appeared ROBERT BURSON, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (ire/ Signature Signature of Notary 15 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 17- EXHIBIT "A" That portion of Blocks 3 and 4 per Map No, 552, Records of San Diego County, California, November 4, 1914, together with closed and vacated to public use portions of 14th Street, 15th Street and C Avenue, described as follows; COMMENCING at the Southeast corner of said Block 4; Thence along the Southerly prolongation of the Easterly line of said Block 4, South 17°47'04" East, 4.24 feet to the POINT OF BEGINNING; 1. Thence leaving said line, South 71 ° 56' 15" West, 249.51 feet; 2. Thence South 28° 47' 57" West, 16.17 feet; 3. Thence North 79° 32' 30" West, 9.76 feet; 4. Thence North 88° 10' 29" West, 10.10 feet; 5. Thence South 81° 39' 55" West, 10.18 feet; 6. Thence South 68° 32' 00" West, 48.87 feet; 7. Thence North 71° 20' 52" West, 29.69 feet; 8. Thence North 67° 43' 17" West, 19.80 feet; 9. Thence North 61 ° 15' 54" West, 39.52 feet; 10. Thence North 30° 13' 16" West, 15.13 feet; 11. Thence North 23° 22' 20" East, 37.88 feet; 12. Thence North 37° 26' 19" East, 69.13 feet; 13. Thence North 43° 43' 42" East, 79.18 feet; 14. Thence North 51 ° 18' 19" East, 19.29 feet; 15. Thence North 60° 34' 10" East, 128.19 feet; 16. Thence North 16° 40' 03" West, 41.65 feet; 17. Thence North 34° 52' 24" East, 27.92 feet; 18. Thence North 71 ° 34' 26" East, 89.80 feet to the Northerly prolongation of Easterly line of said Block 4; 19. Thence along said line, South 17° 47' 04" East, 266.11 feet to the POINT OF BEGINNING, Said land contains 75, 760 S.F., more or less. This legal description has been prepared by me, or under my direction, in conformance with the Professional lrand,Surveyors Act. Signature: Join R. Berggren, L.S. 6000 Lic nse Expires 12/3,1/2010 Date: January 4, 2009 18 LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE L1 S71'56'15"W 249.51' L11 S23'22'20"W 37.88' L2 S28'47'57"W 16.17' L12 N37'26'19"E 69.13' L3 S79'32'30'E 9.76' L13 N43'43'42"E 79.18' L4 S8810'29"E 10.10' L14 N51'18'19"E 19.28' L5 N81'39'55"E 10.18' L15 S60'34'10"W 128.19' L6 N68'32'00"E 48.87' L16 S16'40'03"E 41.65' L7 S71'20'52'E 29.69' L17 S34'52'24'W 27.92' L8 N67'43'17"W 19.80' L18 S71'34'26'W 89.80' L9 N61'15'54"W 39.52' L19 S17'47'04'E 266.11' L10 S30'13'16"E 15.13' BLOCK 3 L10 v BLOCK 4 POINT OF ���i COMMENCEMENT () ` CURRENT SOUTHEAST CORNER OF ( n ym \ LEASE AREA BLOCK 4 \ \-'\ POINT OF \\ , . L4 5 L3 L2 BEGINNING - NEW LEASE AREA = 75,670 SF SCALE 1"= 100' • \ IN ASSOCIATION WITH: TETRA TECH BERGGREN & ASSOCIATES LAND SURVEYING AND RIGHT OF WAY MAPPING 6046 CORNERSTONE COURT WEST jj116 SAN DIEGO, CALIFORNIA92121 (858) 824-0034 / (858) 824L0036 19 Exhibit "C" REQUIREMENTS FOR MEMBERSHIP RIGHTS AND RESPONSIBILITIES When an organization is accepted as a Member Organization of Boys & Girls Clubs of America the following rights and privileges of membership are conferred: • The right to be identified with the Boys & Girls Club Movement. • The right to receive services from Boys & Girls Clubs of America. • The right to participate in and vote at annual meetings of the National Council. Member Organizations assume the following obligations: • To fully comply with all requirements for membership and operating standards adopted by the National Council. • To act in accordance with the Constitution of Boys & Girls Clubs of America and any policies or procedures adopted by the National Council. Boys & Girls Clubs of America, the national organization, assumes the following responsibilities to its Member Organizations: • To uphold the articles and provisions of the Constitution. • To assist with the establishment of new Boys & Girls Clubs. • To provide services to further the purposes of the Boys & Girls Club Movement. Article I — Eligibility Requirements* * (The National Council passed a resolution at the August 25, 2010 meeting to allow organizations under the auspices of an umbrella organization to apply for an exemption from certain membership requirements.) Any corporation, association, or administrative committee or otherwise named governing body of responsible citizens, selected irrespective of race, color, creed, sex, age, religion, disability, or national origin may be elected to membership by the Board of Governors or Executive Committee of Boys & Girls Clubs of America if it meets the following requirements: Section 1 — Definitions A. "Member Organization" shall mean a corporation, association, administrative committee or otherwise named governing body which operates one or more Clubs in accordance with requirements and operating standards herein, and which has been admitted to membership in the Boys & Girls Clubs of America. B. "Club" shall mean a Club or Unit which meets the requirements and operating standards established herein and has been chartered by Boys & Girls Clubs of America. C. "Extension Club_' shall mean a Club meeting the requirements and operating standards set forth in Article III below and operated as an extension of a parent Club and whose members are also members of the parent Club, and are eligible to participate in its activities. Section 2 — Name It shall have as the first words in its title "Boys & Girls Club(s) of..." Section 3 - Purpose It shall include in its purpose the health, social, educational, vocational, character development and guidance of the members of the Clubs it operates. Section 4 — Organization A. It shall have a board of directors. executive committee. administrative committee or otherwise named governing body of responsible citizens and shall designate one member of such a governing body who is not an emplo ee o such Member Or anization or of the Clubs it o erates as the Chief Volunteer Officer. Such governing body shall have complete authority and control over all aspects of the Member Organizations operations. programs, finances, facilities and personnel. Boys & Girls Clubs of America shall have no authority whatsoever with respect to any such control or authority of any such governing body. B. No more than two of the members of such governing body may be employees of such Member Organization or of the Club(s) it operates. C. It shall operate one or more Clubs which meet the requirements'for membership and operating standards. Section 5 — Constitution, By-laws, Rules It shall be governed by a Constitution, by-laws or rules which are not inconsistent with the requirements for membership. Section 6 — Chief Professional Officer It shall employ a full time paid professional (the "Chief Professional Officer") who shall be responsible directly to the aforesaid governing body and shall have executive and administrative control of the activities and personnel of the Member Organization in accordance with policies and procedures established by said governing body. Each newly appointed Chief Professional Officer who has not been a Chief Professional Officer of another Member Organization shall attend a new Chief Professional Officer orientation sponsored by Boys & Girls Clubs of America within the first eight (8) months of such appointment. Section 7 — Funding It shall have funds in hand or pledged for the first year of operation, and there shall be a financial plan of funds for operation in future years. Section 8 — Service Mark It shall display the current service mark of Boys & Girls Clubs of America on the outside of its buildings and on all appropriate printed matter and comply with approved graphic standards. Article II — Operating Standards for Member Organizations Each Member Organization shall: Section 1 — Audit Cause an audit of its financial accounts to be made and reported upon annually by an independent certified public accountant and cause a copy of such audit and SAS 112 letter if issued thereof to be sent to Boys & Girls Clubs of America within nine (9) months of the close of its fiscal year and shall maintain its financial records in accordance with generally accepted accounting principles for non- profit organizations. Member Organizations with annual revenues totaling less than $250.000 may submit a review of financial statements by an independent certified public accountant in lieu of such audit. Section 2 — Compliance Comply with all applicable federal state and local laws and reporting requirements and conduct its business with high ethical standards. Section 3 — Records Keep satisfactory records of the youth served by the Clubs it operates, their activities, programs and attendance. Section 4 — Dues Pay to Boys & Girls Clubs of America annual membership dues as determined by the National Council. Section 5 - Benefits A. Make the following benefits available to its full time employees and pay at least 50 percent of the cost of such benefits: I. Comprehensive major medical coverage. II. Group life insurance. III. A retirement program which is qualified under applicable Internal Revenue Service regulations. IV. A long term disability plan. B. Maintain a salary structure that is competitive with other local organizations and agencies seeking similarly trained and experienced people. C. Review, at least annually, its employment policies and procedures and take requisite steps to achieve or maintain compliance with equal employment opportunity regulations based on applicable federal, state and local laws and regulations as are in effect from time to time. Section 6 — Liability Insurance a3 Maintain comprehensive, general liability coverage with a combined minimum single limit of coverage in the amount of at least $1 million which shall be extended to name Boys & Girls Clubs of America as an additional insured and file a certificate of insurance with Boys & Girls Clubs of America annually. Section 7 — Organizational Assessment * A. Conduct, every third year, an organizational assessment in consultation with Boys & Girls Clubs of America and utilizing its respective governing body, staff, and other appropriate entities based on "Standards of Operational Effectiveness approved by the National Council and submit a report of this assessment to Boys & Girls Clubs of America. (* The National Council passed a resolution on May 17, 2007 exempting military organizations from this requirement.) B. Maintain a rating of "operational" as defined by the "Standards of Operational Effectiveness". Such rating shall be determined and assigned by the governing body of each Member Organization. Section 8 -- Communication Maintain at least one computer capable of electronic communication with Boys & Girls Clubs of America. Section 9 — Background Checks Conduct criminal background checks of all employees and volunteers who have repetitive direct contact with children. Such checks should be of the type that would disclose. at minimum. sexual offenders and include a social security number trace and a national criminal file check. Such checks shall be conducted prior to employment and at regular intervals not to exceed twenty-four (24) months. Section 10 — Code of Ethics Establish and maintain a Code of Ethics that addresses, at minimum. conflicts of interest, records retention and whistleblower protection in accordance with best practices for non-profit organizations. All staff and board members will sign the Code of Ethics each year. Section 11 — Annual Report Render to Boys & Girls Clubs of America an annual report of its organization membership. activities. attendance. finances and cause the Chief Professional Officer and Chief Volunteer Officer to attest to compliance with the requirements for membership and operating standards. 25 Article III - Operating Standards for Clubs and Extension Clubs Each Club which meets the following operating standards may be chartered as a Club by the Board of Governors or Executive Committee of Boys & Girls Clubs of America, Section 1 — F cilities It shall have a Clubhouse or separate Club quarters which can be identified as a Club for its members. Use by any others shall not substantially limit the use of rooms, facilities and equipment by the members. It shall have sufficient floor area and room spaces, suitably equipped for carrying on a diversified and constructive program of activities. Section 2 - Unit Director Each Member Organization shall employ a Unit Director for each separate Club it operates for at least as many hours per week as such Club is in operation. The Chief Professional Officer of the Member Organization may, however, act as a Unit Director of one of such Clubs. Section 3 - Club Staff Each Club shall have and maintain sufficient paid and volunteer staff qualified in personality, character, experience, education and training for the leadership and guidance of its members. Each activity of each such Club shall be supervised by Club staff qualified to supervise such activity. Section 4 - Members Each Club shall have at least one hundred members enrolled in any twelve- month period, who shall be between the ages of 6 and 18. Each Extension Club shall have at least 50 members between the ages of 6 and 18 enrolled in any twelve-month period. Membership dues and fees shall be within the means of its members and shall not be so large as to exclude any individual from membership and participation. Section 5 — Extent of Operations Each Club shall be open and shall make activities available to its members at least ten months per year, five days per week and four hours per day. Each Extension Club shall be open and shall make activities available to its members at least eight months per year. three days per week and three hours per day. Section 6 — Activity Access • 9-CP Each Club shall be available for use by any and all members in all the days and hours such Club is open, to the extent feasible in light of the available facility and activity schedules which are subject to reasonable age and individual restrictions. a7 Section 7 — Program Each Club shall maintain a high quality program of varied and diversified activities and shall conduct an annual program assessment using standards adopted by the National Council. There shall be no instruction in or promotion of any sectarian or political belief. Section 8 — Safety Each Club facility shall be maintained in a satisfactory state of cleanliness and sanitation and shall comply with all applicable federal, state and local laws for protection and safety. 02� Membership Dues Each Member Organization shall pay dues annually to Boys & Girls Clubs of America based on its total operating expenses of the previous year. The amount of dues is determined by the following formula: CLUB OPERATING EXPENSES RATE OF DUES PAYABLE $99,999 or less 1.25 percent of the total amount. $100,000-$199,999 $1,500 plus 1 percent of the excess over $100,000 $200,000-$499,999 $2,500 plus .5 percent of the excess over $200,000 $500,000-$999,999 $4,000 plus .25 percent of the excess over $500,000 $1,000,000 — $4,999,999 $6,000 plus .25 percent of the excess over$1,000,000 Over $5,000,000 $15,000 plus .25 percent of the excess over $5,000,000 Dues are payable in full by October 1. Membership of a Member Organization may be terminated for non-payment of dues. A system of fees for special services, which are unusual and over and above those normally expected to result from the payment of dues, shall be established by the President of Boys & Girls Clubs of America with the approval of the Board of Governors. BOYS & GIRLS CLUBS OF AMEBICA STANDARDS OF ORGANIZATIONAL EFFECTIVENESS May 2006 As revised and approved by the National Council of Boys & Girls Clubs of America at its annual meeting in May 2006 Review of Compliance with Membership Requirements Is your organization in compliance with the following BGCA's Requirements for Membership? Yes No Membership Requirements Audit: Cause an audit of its financial accounts to be made and reported upon annually by an independent certified public accountant and cause a copy of such audit and management letter, if issued, thereof to be sent to Boys & Girls Clubs of America and shall maintain its financial records in accordance with generally accepted accounting principles for nonprofit organizations. Member organizations with annual revenues totaling less than $100,000 may submit a review of financial statements by an independent public accountant in lieu of such audit. Compliance: Comply with all applicable federal, state and local laws and reporting requirements and, conduct its business with high ethical standards. Records: Keep satisfactory records of the youth served by the Clubs it operates, their activities; programs and attendance. Dues: Pay to Boys & Girls Clubs of America annual membership dues as determined by the National Council. Benefits: A. Make the following benefits available to its full-time employees and pay at least 50 percent of the cost of such benefits. * Comprehensive major medical coverage. * Group life insurance. * A retirement program which is qualified under applicable Internal Revenue Service regulations. A long-term disability plan. B. Maintain a salary structure that is competitive with other local organizations and agencies. C. Review, at least annually, its employment policies and procedures and take requisite steps to achieve or maintain compliance with equal employment opportunity regulations based on applicable federal, state and local laws and regulations as are in effect from time to time. Liability Insurance: Maintain comprehensive, general liability coverage with a combined minimum single limit of coverage in the amount of at least $1 million which shall be extended to name Boys & Girls Clubs of America as an additional insured and file a certificate of insurance with Boys & Girls Clubs of America annually. Organizational Assessment . A. Conduct, every third year, an organizational assessment in consultation with Boys & Girls Clubs of America and utilizing its respective governing body, staff and other appropriate entities based on `Standards of Operational Effectiveness" approved by the National Council and submit a report of this assessment to Boys & Girls Clubs of America. B. Maintain a rating of `operational" as defined by the "Standards of Operational Effectiveness". Such rating shall be determined and assigned by the governing body of each Member Organization. Communication: Maintain at least one computer capable of electronic communication with Boys & Girls Clubs of America ' Background Checks: Conduct criminal background checks of all employees and volunteers who have repetitive direct contact with children. Such checks should be of the type that would disclose, at minimum, sexual offenders and include a social security number trace and a national criminal file check. Such checks shall be conducted prior to employment and at regular intervals, not to exceed 24 months of employment. May 2006 Page 2 of 31 Does your organization have operating policies and practices that comprise BGCA's Core Promises? Yes I No I Core Promise Safety — All Boys & Girls Club organizations should develop a comprehensive safety program to make continued improvements in three key areas: • Safe daily operations • . Crisis response preparedness • Strategic risk management planning Each Club should: • Review the organization's safety and facility policies, • Review the organization's insurance coverage, • Review existing and pending facility use agreements, • Establish an active Facilities and Property Committee which addresses safety policies and procedures, • Maintain reasonable staff ratios and provide regular staff training, • Consistently document procedures, accidents and incidents, • Establish a realistic safety budget, and • Take the long view on risk management. - The organization meets above requirements regarding safety. Impact — Commitment to Quality process The organization completed the annual Commitment to Quality impact assessment. The results from the assessment are used to improve the quality of the programs offered. Hiring Staff and Selecting Volunteers of High Character — An organization's overall standard of care should combine practical policies and procedures with a strategy to keep them current. A thorough screening process should be: • Legally compliant • Systematic • Match the level of screening with position -specific risks • Applied uniformly to the selection criteria for al candidates for a specific position Essential steps for thorough -staff screening include: • A screening policy that is compliant with current employment laws and exercises a reasonable standard of care, • Clearly written position descriptions and selection criteria, • Detailed recruitment and application processes, • An interviewing process that consists of scripted, open-ended questions and the applicants should be encouraged to ask questions, • Thorough reference checks, • Criminal background checks, which must be conducted at regular intervals not to exceed 24 months, and • Provide an orientation for new employees or volunteers during an established provisional period. There are up-to-date, written policies and procedures reviewed by counsel that address: • the organization's intent to be fair, consistent and nondiscriminatory, and to meet all legal requirements; • background checks, the consequences of providing false or misleading information and criminal or civil records that will automatically bar a person from employment or volunteer service; and • confidentiality and security of all information. There are clearly written job descriptions for each position that define: • duties and responsibilities, • education and experience, and • professional and ethical conduct required for the position. May 2006 Page ':1 Yes No Core Promise All staff and volunteer candidates are required to complete an application form that collects: • information about an applicant's work history, education and background. • waivers and statements about the Club's hiring practices. There is a defined process to gather information needed to make informed hiring and selection decisions for staff and volunteers including: • a fair and consistent process to screen resumes; • telephone interviews to pre-screen candidates; • interview questions and rating that utilize.a "Behavior -Based Interview and Selection" method to assure skills, knowledge and character needed to be successful in the position; • use of more than one interviewer during in -person interviews; • selection based on meeting job requirements, core competencies and experiences which align to requirements of the job and work environment. Reference checks to gain insight into the candidate's experience, skills and character are conducted with: • past employers; • supervisors; • co-workers; • subordinates; and • others, depending on the position. Background checks on all staff and volunteers are conducted prior to hiring and at least every 24 months after hiring. Minimally, background checks should include: • a Social Security number trace; • a national criminal record search; • a national sex offender registry search; and • additional background checks as appropriate to specific positions. There is a defined system to evaluate findings about criminal records or other concerns uncovered during the hiring process that includes: • barrier crimes that automatically bar the person from consideration; • a process for creating a review committee to evaluate hiring recommendations of staff or volunteers with criminal records that take into account: o seriousness of the crime; o length of time since last offense; o pattern of criminal activity; and o activities in which the applicant has been involved since the offense occurred. A formal introductory period for staff and volunteers is established that includes: • an employment agreement, signed by the new staff or volunteer; an organizational code of ethics signed by the new staff or volunteer; and • a formal appraisal of performance at the end of the introductory period. Financial Oversight — Successful financial management is a result of a strong joint initiative of the CVO and board, CPO and other Club staff. As part of the fmancial management process, it 's important for each person involved with the Club to understand his/her role in the process. In addition, the board should understand how the Club's financial system works, since nonprofit organizations are run differently than for -profit institutions. Each organization should establish: • Roles for the CVO and other board members, CPO and other staff, and Club volunteers, • A system for planning, developing and monitoring budgets and cash flow, • A conflict of interest policy and sign -off procedure for board and staff, • A policy for managing investments, • A risk management strategy for financial, physical and other threats, • Financial management policies and procedures, • Polices which ensure donor requirements and financial reporting guidelines are met, and • Policies for conducting financial reviews. May 2006 Page 4 of 31 Yes No Core Promise There are clearly defined roles and responsibilities for how board and staff work together to assure that the organization's finances meet all legal, ethical and business requirements. • The board protects the organization's assets and provides oversight to financial systems, budget, policies, procedures, insurance, legal and donor requirements. • Staff develop and implement financial systems and budgets and oversee day-to-day implementation of financial policies, practices and standards. There is an active board fmance committee that: • develops and monitors financial policies and practices, • reviews financial statements and reports, • develops an investment strategy, and • assures the organization has a risk management plan. The organization has policies, procedures and systems that are reviewed and monitored by the finance committee to assure sound financial practices. These include: clear limits of authority • intemal controls over expenditures • systems and procedures for: handling and processing income; collecting and reporting membership; participation and outreach data; and meeting donor, legal and financial spending and reporting requirements. • controls to ensure restricted funding and endowments are accurately monitored and appropriately spent • compliance with all local, state, federal, IRS and ERISA regulations Under the direction of the finance committee and/or audit committee, a complete financial audit is conducted by a board -appointed, independent auditor, annually. A separate audit committee is recommended for organizations with.budgets larger than $2,000,000. • The finance committee or treasurer reviews Form 990 prior to submission. • If a management letter is received, it is provided to BGCA and an appropriate response is prepared and implemented. An annual organizational budget is developed and approved by the board to assure resources are allocated to meet organizational goals and objectives. • Fundraising and administrative expenses fall between 15 to 20% of the total budget. The board develops and approves an investment management policy that assures: • investments are diversified and performance is closely monitored and • a spending rate policy provides guidelines on maximum percent of principle to be used for operating. There is an annual evaluation and update to the organization's overall risk management strategy. This includes: • a physical review of facilities and vehicles; • a review of insurance coverage; and • a review to ensure that the organization's building(s) are up to city, state and federal codes and have all required inspections and certifications. Ethics and Accountability — Building an organization committed to the highest ethical standards demands more than just following the law. It also requires fostering practices that create an environment of transparency, accountability and integrity, including: • Defining roles for the board of directors, staff and volunteers. • Developing and providing a code of ethics for employees. • Requiring a signed code of ethics for the board of directors. - • Requiring a signed code of ethics for vendors. • Maintaining a compliance, reporting, and investigation policy. - May 2006 Page `',, 1 { Yes No Core Promise There is a board -approved ethics policy with a conflict of interest statement that is signed annually by all board and staff. The policy is supported by: • training for all staff and volunteers; • an appointed ethics officer; • whistle -blower protection; and • a compliance, reporting and investigation policy. Accurate membership and participation data — It is essential that information used to monitor performance and communicate the Club's reach, participation and impact be collected, organized and presented with a high level of accuracy and credibility. Each Club must define a process for collecting, storing and organizing data and ensure the process is consistently implemented in every unit. Establish a system for collecting data by: • determining the needed information and clearly defining the terms, • developing a carefully thought-out system for collecting and recording data, • training staff to collect the information, • determining how information will be stored and how long it will be kept, and • tracking and counting youth served in membership and through community outreach. Standard Boys & Girls Club definitions are used consistently to count: • registered members, • youth served through community outreach, • attendance, and • average daily attendance. There is a tested, well thought-out system consistently applied throughout the organization for collecting and recording information about member participation on a daily basis. This system includes: • a current membership form with a parent or guardian signature on file for every Club member; • a defined policy and practice for entering and exiting the building that includes recording attendance; • a defined policy and practice for recording attendance at off -site activities; • a written record of all attendance and program participation; and •- an organizational goal of at least 25% of members participating daily. There is a tested, well thought-out system for collecting and recording youth served through community outreach on a daily basis that is consistently applied at every Club. This system includes: • a defined policy and practice for collecting and recording youth served through community outreach; • collecting and recording information daily; and _ • a written record of all attendance and program participation including name of event, date, location and total number of non-member participants. All staff are trained in every aspect of the Club's polices and practices for tracking attendance and participation'of registered members and youth served through community outreach. • Each unit has a designated staff person responsible for managing and implementing this system. • Roles for all staff are clearly defined and included in job descriptions and performance plans. • There is a board policy defining standards for accurate organizational data. There is a defined policy and procedures for how information is stored that assures: • all information can be easily retrieved by authorized staff; • there is a record retention policy of at least five years; • information about individual members is kept confidential; May 2006 Page 6 of 31 • Yes No Core Promise • all information is backed up. All data is repeatedly checked for accuracy before it is presented to anyone outside the Club or used in any marketing material. This includes: • an ongoing system for monitoring procedures to assure they are followed consistently at all units; • two people reviewing the information; and • the CPO and CVO approving all reports before information is presented outside the organization. Has a plan been developed with your organization supported by your regional service director, to respond to any standards not met? ❑ Yes ❑ No May 2006 , Page 7' I W May 2006 STANDARDS OF ORGANIZATIONAL EFFECTIVENESS (SOEs) BOARD GOVERNANCE Topic Summary Developing Operational Advancing Excellinp A. BOARD DEVELOPMENT 0 0 ❑ ODD OLIO ❑ 0 0 PROCESS There is an informal process for identifying and recruiting board members, not necessarily based on the organization's goalsand objectives. The organization has and utilizes a written, board -driven process for the identification, selection, recruitment and orientation of board members based on its goals and objectives. Individual responsibilities, as well as collective roles of board volunteers The organization utilizes a written, ongoing board development process, which includes identification, recruitment, selection, orientation, ongoing evaluation and recognition. 60% of eligible board volunteers are recognized utilizing Boys & Girls The organization has one or more board members who are Movement leaders and who share models for a written board development process, which includes identification, recruitment, selection, orientation, ongoing evaluation and recognition. are written and clearly defined. Clubs of America's National Service Recognition Awards or equivalent recognition program. SO% of alleligible board volunteers are recognized utilizing Boys & Girls Clubs of America's National Service Recognition Awards or equivalent recognition program. B. BOARD MEMBERSHIP The board has few, if any, active The board has some recognized The board consists mainly of The board consists of business and community leaders who influence business and public leaders who business and public leaders who public leaders who influence community decisions and resources. influence community decisions and influence decisions and resources decisions and resources, provide There is little board involvement that resources. The organization has a - and who are involved in meeting effective governance, generate fulfills the organization's needs. board -approved code of ethics and most of the organization's needs. needed resources and are actively conflict of interest policy on which The board has good relationships involved in meeting the individual board members sign off with local, state and federal organization's needs. The board has . _ - on an annual basis. There is a moderate level of board involvement in the appropriate areas of the organization, and the board has begun to establish a good relationship with local, state and federal government officials. government officials who understand the value of Boys & Girls Clubs. excellent relationships with local, state and federal officials. Page 8 of 31 Topic Summary Developing operational Advancing Excelling C. GOVERNANCE LEADERSHIP AND COMMITTEE STRUCTURE 0 0 0 The board has no functioning committees and/or task groups. There is little structure and minimum officer involvement. No board governance is evident. The Chief Professional Officer does not receive a formal annual performance review. ❑ 0 ❑ There are appointed committee and/or task group teams with chairs that occasionally meet and act on responsibilities. Officers are elected and involved in assigned roles. The board is in compliance with organizational by-laws. The Chief Volunteer Officer has been provided a BGCA orientation on the Core Promises and has signed a statement of understanding. A written board- driven strategic plan addressing strategic initiatives (collaboration, merger, growth with impact, etc.) is in place. The Chief Professional. Officer receives an annual written performance review. 0 0 0 The board has organized, functioning committees and/or task groups with chairs that makewritten recommendations for board action. Officers are functioning in accordance with defined leadership roles and a written succession plan for board leadership is in place. A written board -driven strategic plan is integrated into board and committee/task group meetings. The Chief Professional Officer receives a formal annual written performance review based on measurable objectives linked to the strategic plan and agreed on by the board - leadership and the Chief Professional Officer. 0 00 Committees/task groups have defined written objectives consistent with the organization's written strategic plan. Officers lead board member involvement and are given new leadership opportunities to support the organization's written board succession plan. With input from external and community stakeholders, a written strategic plan is updated and reviewed annually that includes clear benchmarks and outcomes. An evaluation of effectiveness is completed annually. D. . BOARD FINANCIAL GIVING At least 50% of board members make a personal unrestricted gift to the annual campaign. At least 75% of board members make a personal unrestricted gift to the annual campaign. The Chief Volunteer Officer personally solicits those members who are not giving. The board has been informed about the purpose and goals of"It Just Takes One." 100% of board members make a personal unrestricted gift to the annual campaign. All board members have a written annual personal giving plan. 25% of the individual board members make a written commitment to the Club's endowment program. 90% of all board members achieve - their personal giving plans. 50% of the individual board members make a written commitment to the Club's endowment program. • E. BOARD DIVERSITY - 0 0 0 The board is not diverse in its makeup or in relation to its community. • 0 ❑ El The board has some diversity in its makeup, is reflective of the community and has a plan to expand this diversity. The organization provides an annual diversity education opportunity for its board members. Diversity standards are considered in various committee functions. 0 ❑ 0 The organization conducts a formal assessment of the board's makeup and develops written plans based upon the assessment results. 0 0 ❑ The board is diverse in its makeup, is reflective of its community and has a written plan underway to maintain diversity. One or more board members are Movement leaders sharing models and best practices in valuing diversity. Q May 2006. Page £. r' Topic Summary Developing Operational Advancing Excelling F. CORPORATE DATA TRACKING There is limited tracking of data, a lack of systems, and little, if any, board and staff accountabilities. - All units use standard BGCA definitions. Signed membership forms for the current year are ' available. There is a tested and well thought-out system for daily collecting and recording of membership and participation data. All data is checked and signed off by the CVO and CPO before being used for external audiences. There is a defined system and process for tracking and counting youth served through community outreach. There is a system for collecting and recording program participation data. The Club has a board -approved organizational measurement strategy - which utilizes BGCA metrics for • participation and daily attendance. The Club has a plan to measure outcomes of targeted programs and overall Club outcome using the Outcome Measurement Tool Kit. G. BOARD MEETINGS/ ATTENDANCE ' - . • 0 0 Board meetings are not held on a regular basis. Attendance is less than 50%. Agenda is dominated by problems and crises, preventing board from dealing with substantive policy issues. - - 0 0 0 There are regular, scheduled board meetings attended by not less than 50% of the members. The Chief Professional Officer develops the agenda and reviews it with the Chief Volunteer Officer. Board business packets are prepared and delivered to all board members at least 10 days prior to a meeting. The organization develops and distributes an annual board calendar at the beginning of each year. Committees and task groups provide reports and recommendations for board action. The board conducts an annual board retreat with at least 50% of board members in attendance. 0 0 0 The board has regular, duly constituted meetings with not less than 60% attendance and with a clear focus on policy issues and decisions. Utilization of technology (i.e., teleconferencing, online meetings, etc.) to support member participation in meetings is evident. At least one meeting per year has a BOARDROOMTraining module or equivalent training. The board conducts an annual board retreat with at least 60% of board members in attendance. 100 0 The board has regular, duly constituted meetings with not less than 65% attendance, active participation and a clear focus on policy issues and decisions. There is a written plan for utilizing technology in board member communication and business meetings. At least two board meetings a year are comprised of BOARDROOM Training modules or equivalent training. The board conducts an annual board retreat with at least 65% of board members in attendance. H. STATE ALLIANCE SUPPORT AND INVOLVEMENT 100 0 The board has no awareness of the state alliance and leadership has no contact with state officials to support alliance efforts. 100 The organization is a contributing member of the state alliance; however, participation at state meetings is limited. Promotion of the alliance only happens to benefit the local organization. 100 0 Board members and professional staff promote the alliance and - actively contact state leaders to support the work of the alliance. The board and CPO assure Club involvement in statewide projects. ❑ 0 0 The board works in conjunction with the alliance leadership to gain support from state leaders. Board members have an opportunity to serve on the alliance board or committees. Board members and the CPO actively support state initiatives to enhance statewide collaboration. May 2006 Page 10 of 31 Topic Summary Developing Operational Advancing- Excelling BOARD EDUCATION AND ❑. 0 0 There is very little or no planned 0 ❑ ❑ There is board participation in Area 0 0 0 The organization has strategic board 0 ❑ ElI. Board - officers and committee chairs PARTICIPATION . education or participation by board Council events, state alliances, and representation/participation at key meet the Gold Level of the members in Boys & Girls Clubs of board leadership conferences. All Boys & Girls Clubs of America and BOARDROOMBEST program (12 America events and training. There is board members have attended a local other events including Area Council Modules) or equivalent training little use of BGCA board board member orientation and meetings, state alliances, board every three years. Board members development training tools or received and reviewed the leadership conferences and the are actively engaged; take initiative equivalent board training. The CVO BOARDROOMnew board member National Conference. Board officers and plan continuous learning is registered on beca.net. CD ROM. The CVO has received meet the Silver Level of the opportunities; share/seek best and reviewed the BOARDROOM BOARDROOMBoard Education practices and are active in planned CVO Guide and Toolldt CD ROM. Skills Training (BEST) program (8 continuing education for board Officers and committee chairs are registered on bgca.net. Modules) or equivalent training every three years. 50% of board members are registered on beca.net. volunteers. ' J. LEADERSHIP: BOARD 0 0 ❑ ❑ 0 D 0 0 ❑ 0 ❑ ❑ The technology is fully funded, SUPPORT FOR TECHNOLOGY The organization does not have a Technology Committee/Task Group to address technology in a formal The board has a Technology Committee/Task Group; however, the organization lacks a formal The organization has a written, board -approved technology plan that is integrated into the overall strategic plan staffed and part of the ongoing budget. Technology is integrated - plan. technology plan that is integrated plan. The plan includes a Web throughout all areas of the Club into the overall strategic plan. strategy, technology program for operation. Policies and procedures Resources for technology are members, Internet safety, and are in place to drive continuous allocated on an as -needed basis. A technology -based process for . tracking membership fees and participation data is monitored by the board. . acceptable use policies. system improvements and to support technology replacement cycles. Q May 2006 Page 11 31 STANDARDS OF ORGANIZATIONAL EFFECTIVENESS (SOE) HUMAN RESOURCES Top c:Summary ..- Develapiny . t Operafio time ;. ; l :anc>n Ezcellm _. _- A. CHIEF PROFESSIONAL ❑ ❑ ❑ CI ❑ ❑ ❑ ❑ El ❑ ❑ • ❑ OFFICER/ LEADERSHIP The Chief Professional Officer The CPO/leadership team possesses The CPO/leadership team The CPO/leadership team high level TEAM (CPO)/leadership team needs basic management training. basic executive competencies and leadership attributes as outlined in demonstrates effective leadership as outlined in the Professional demonstrates a of executive competency in providing the Professional Development Development System "Executive" leadership to the organization as System "Executive" Profile and the Profile and the Chief Professional outlined in the Professional Chief Professional Officer Officer Leadership Model. The Development System `Executive" Leadership Model. organization has a staff succession plan and deploys career development accordingly. Turnover is analyzed for human resource planning. The CPO has a written performance evaluation based on the strategic profile and the Chief Professional Officer Leadership Model. The organization develops a written plan and scorecard based upon the key human resource factors. The CPO is actively engaged in support of " plan that is conducted annually by designated board leadership. Movement -wide initiatives. B. JOB ❑ ❑ ❑ - 0 0 0 0 0 El ❑ ❑ ❑ CLASSIFICATION AND The organization has an informal All salaries and wages are in range Job The organization has utilized Job The organization provides monetary COMPENSATION salary administration program and is improving .of the recommended ClassificatiCompensation QUEST to create a written Classification and Compensation and non -monetary pay for MANAGEMENT committed to salaries. Salaries and wages are not within on and Management Program or equivalent Management Program that is revised performance. Reward systems are based upon board -approved strategic PROGRAM established ranges. No formal salary administration model. There is every two years; which includes up- performance standards goals and performance management system in a performance plan in place. to -date job descriptions, performance ethics that are acceptable for not -for - " place. profiles and reviews, and an organizational chart. The board has approved the salary plan with appropriate funding for merit increases and equity adjustments. A performance management plan is in place for all full-time and part-time employees. profit industry business practices. - May 2006 Page 12 of 31 ;Toprc.,Summary . =pewe 'Aii ,- fa �peYiatiiA4 ., ; Ad ,ancing,,= x .; xcellif g, C. PROFESSIONAL 0 0 0 0 ❑ ❑ "Professional ❑ ❑ 0 utilizes formal, 0 0 0 Part-time in a DEVELOPMENT There is no identifiable, consistent A Orientation Program" is in for The organization a orientation and staff participates minimum of 16 hours of training, PROCESS orientation or training for staff. _ Job profile and job descriptions are utilizedfor developing a basic plan place all staff as well as a staff development plan. The organization assures a budget written professional training program and a written, two year, professional development and full-time staff participates in a minimum of 48 hours of training of action to supportjob related allocation to support the staff career plan. Training opportunities annually. Training plans are tied to competencies. CPO completed the New Executive Orientation training development plan. When appropriate, the chief professional are identified that address the gap in staff development. Part-time staff - the written compensation plan, career tracking and succession plan. within the first year of employment. officer has completed the New Executive Orientation Program eight months after the date of employment and attends the Executive Leadership Program within two years of employment. The CPO has been provided a BGCA orientation on the Core Promises and has signed a statement of understanding. A written, annual staff development plan is in place. All eligible staff is active members of The Academy/ participates in a minimum of eight hours of training, and full-time staff participates in a minimum of 24 hours of training annually. The organization ensures that the appropriate tools, resources and professional memberships to support and train staff are in place (Professional Development System). Policies include a written, board - adopted succession -planning strategy. The organization utilizes Boys & Girls Club University at the member professional level. BGCA's Training Management System to manage and maintains records maintain records for all staff attending training. D. HUMAN RESOURCE 0 0 ❑ 0 0 0 ID ❑ 0 0 0 The has POLICIES The organization has limited written human resource policies. Background checks are not The organization maintains compliance with Equal Employment Opportunity regulations. The The organization has comprehensive, written human resource policies that are reviewed organization comprehensive, written human resourcepolicies that are reviewed and revised by external consistent with BGCA membership regulations are consistently applied and revised annually by intemal legal counsel not less than every two requirements. throughout the organization. human resource professionals and years. Background checks Background checks are performed internal legal counsel. Background (including finger printing/screening) on all staff and volunteers including checks, which include inquiry into are performed on all staff and board members at intervals not less credit, driving and sexual offender volunteers including board than every 24 months. Records of databases, are performed on all staff volunteers within 12 months of arrests (not just convictions) are and volunteers including board initial service and re -checks are obtained for new employees prior to members at intervals not less than performed on an annual basis. The hiring. The organization provides every 12 months. The organization organization has access to an online ongoing training and legal updates provides ongoing training and legal HR advisor or service. Records of for supervisors. updates for all staff. There is a arrests (not just convictions) are ' - written succession plan for the CPO and other key staff. obtained for new employees prior to hiring. 7 May 2006 Page 1'- :31 op 8iiiiimary.._ ,, r pevelopi g, O0'6'64ondi ' Advancing xceffinp E. ETHICS - _ 0 El ❑ The organization does not have a code of ethics for staff 0 0 ❑ The organization has a board- approved code of ethics statement for staff and board which addresses conflicts of interest, financial reporting, professional conduct, confidential and proprietary information, political activities, government relations and fundraising. El El The organization has a board- approved code of ethics statement for staff, board and vendors which addresses conflicts of interest, financial reporting, professional' conduct, confidential and proprietary information, political activities, govemment relations and fundraising. 0 0 The Club has defined organizational values and has developed policies and training to carry them out. F. HII2ING PRACTICES El El❑ The organization does not have current written job descriptions for all staff and does not use a set of board approved procedures for hiring and screening full, part-time staff, and volunteers. ❑ El❑ The organization has current written job descriptions for all staff and utilizes a board approved, written set of legally compliant procedures for listing, screening, hiring, selection, and orientation of all paid staff and volunteers. ❑ 0 . 0 The organization utilizes QUEST to create an up-to-date human resource package for full-time and selected part-time employees who include: a job based Behavior Based Interview and Selection guide. External counsel reviews and provides recommendations on hiring practice procedures. 0 0 0 The organization performs a written assessment to insure a direct alignment with its strategic plan and mission outcomes, to job listings, screening process interview questions, job profiles, and performance/career planning. G. DEPLOYMENT OF TECHNOLOGY FOR STAFF .. - El El El The organization provides limited technology to staff. Most key staff has an email address and is registered on www.beca.net. Most El El The organization's leadership and key staff have a computer workstation with high-speed Internet access and a full package of productivity software such as Microsoft Office. All full-time staff has an email address and is registered on www.bgca.net. Full- El III All full-time staff has daily access to a current generation computer workstation with high-speed Internet access and a full package of productivity software such as Microsoft Office in their work area. A written technology plan exists. All staff has an email address and is registered on www.beca.net. All staff has and utilizes a personal locker and profile on QUEST. 0 III All staff computers throughout the organization are networked and have operational Internet access. The organization has a dedicated IT support professional to oversee technology. The written technology plan is updated every year and adopted by the board. A technology upgrade/replacement plan is in place. staff has basic Internet skills/ training. - time staff has completed a written technology assessment and have access to BGCA's QUEST Knowledge Management System. H. STAFF DIVERSITY _ El❑ 0 The organization's staff makeup does not reflect the community's diversity and there are no plans in place to change the situation. El El The board is supportive and recognizes the importance of diversity. The organization has plans to address identifiable gaps regarding diversity and has an increased awareness about the value of a diverse staff. El ID El The organization conducts a formal assessment of staff composition, Club climate and develops written plans based upon assessment results. The board approves written strategies and action plans in support of the organization's diversity initiative, monitoring and managing progress and results. El ❑ 0 The diversity plan is monitored by the board and updated annually to reflect emerging trends, opinions and feedback from staff, volunteers and community. May 2006 Page 14 of 31 IoticSummar} ; Aevel�pin> , OpeEntioria� ,.- ,' ,Advancing E+xcellinp I. COMPETITIVE BENEFITS 0 0 The organization does not pay 50% of the cost of minimum and essential benefits. 0 0 O. The organization pays more than 50% of minimum and essential benefits. ❑ 0 0 The organization pays at least 80% of the costs for minimum and essential benefits. Part-time staff has access to a benefits package that includes health benefits. 0 ❑ 0 The organization pays more than 80% of the costs for minimum and essential benefits for staff and dependents and offers other incentives such as a dental/vision plan and personal leave. The organization contributes to a benefit plan for part-time staff. J. STAFF PARTICIPATION IN BOYS & GIRLS CLUBS OF AMERICA EVENTS AND PROGRAMS ❑ 0 0 There is limited participation in Boys & Girls Clubs of America's training events and conferences. The CPO and other key staff are members of the Academy. - - El 0 0 Staff participates in core training events as outlined in requirements for the Professional level of the Academy of Boys & Girls Club Professionals. The CPO attends either an Administrative Conference and/or the National Conference annually. All full and part-time youth development professionals have completed the 3 basic training sections of BGCA's Gear UP! CD ROM. ❑ 0 0 100% of eligible staff participates in the Administrative/Leadership Conference, National Conference or Youth Development Conference annually. 75% of eligible staff is members of and active in the Academy of Boys & Girls Club Professionals at the Memberlevel. 50% of eligible staff, including the - chief professional officer, is members of the Academy at the Professional level. 0 0 0 90% of all eligible staff is members of the Academy of Boys & Girls Club Professionals and 75% of all eligible staff are members of the Academy at the Professional level. The CPO and other key staff have achieved the Distinguished level in the Academy of Boys &.Girls Club Professionals. Staff is actively engaged in support of Movement - wide initiatives and serves on BGCA task forces and planning committees. Key staff is members of external and internal professional organizations. K. TECHNOLOGY SKILLS . ❑ 0 0 Appropriate Club staff has only a basic skill level for using technology. 0 0 0 Appropriate Club staff have received training to use basic productivity software, the Internet and other applications (i.e.: membership management, donor management, financial management, etc.) important to their job function(s). 0 0 0 Appropriate Club staffutilizes technology to enhance their effectiveness and efficiency in all major components of their job. The Club has a technology training plan for staff and provides competency- based testing of skills. 0 ❑ 0 The Club has a written technology training plan for staff that is budgeted and adopted by the board of directors. All full-time staff is regularly tested for IT skill competency. May 2006 Page 1Y -11 STANDARDS OF ORGANIZATIONAL EFFECTIVENESS (SOE) RESOURCE DEVELOPMENT To' ic,Siiiinnarv " peuefo` n pt O 'pet i -' _ Aduancin' - Ezcellin A. RESOURCE DEVELOPMENT STRATEGY/. The organization does not have a Resource Development (RD) Committee. The organization's fundraising is erratic with experimentation, poor results and is overly dependant on a single source of funding. There is no written RD plan. Active cultivation of new donors and prospect identification and classification are non-existent. Funding meets the organisation's needs for the current year but is highly dependant on one source of funding. There is a Resource Development Committee that coordinates an RD plan which includes a strategy on how to cultivate new donors. Board members are engaged in classifying prospects for their capacity, ability andpropensity to invest in the Club. No more than 40%.of funding comes from a single source. The board of directors has approved a written 3-year resource development plan that clearly illustrates no over -dependency on any one source of funding. Board members are actively engaged in cultivating new prospects. The Club regularly uses research to classify current donors and obtain new donors. No more than 30% of funding comes from a single source. The board.of directors has a 3 to 5- year written resource development plan that is integrated into the organization's strategic plan and includes strategies for multi -year funding, individual and major gifts, endowment and planned giving. The organization regularly screens its donor database to identify the potential of increased giving. No more than 20% of funding comes from a single source. DIVERSIFIED FINANCIAL SUPPORT • _ - B. RESOURCE DEVELOPMENT INFRA -STRUCTURE . - ❑ 0 0 The Chief Professional Officer is the only person supporting the resource development effort. There is no database to collect and track donor information and gifts. _ 0 0 ❑ Besides the Chief Professional Officer there is/are staff who has/have resource development accountabilities included in his/her job description. There is a written organizational case statement that documents the need for support. The organization maintains accurate personal and participation donor data electronically and tracks it over multiple years. - 0 ❑ ❑ The organization has specialized staff to support the resource development plan. Staff and board members receive ongoing training to support building their resource development knowledge. The organization has an electronic donor management software application that generates reports. The organization uses the database system to instantly generate reports on donors and campaigns for increased fundraising success. ❑ ❑ 0 The organization has dedicated staff, such as a director of development, to support- the resource development plan. The organization uses donor management analytical tools and reports to increase fundraising success through targeted solicitation. The donor management software is fully integrated with financial management software. C. INDIVIDUAL AND MAJOR GIVING (EXCLUDING SPECIAL EVENTS) 0 0 ❑ The organization receives support from individuals including alumni, but does not have a comprehensive plan to ensure that requests to individuals are coordinated and strategic. Board members are not involved in personalized solicitations. At least 50% of Board members support events and some make personal unrestricted gifts to the annual campaign. 0 0 0 A comprehensive plan for individual support includes an annual giving program that recognizes and celebrates individuals. At least 50% of board members are actively involved in personalized solicitations. Less than 75% of board members make personal unrestricted gifts to the annual campaign. - - 0 0 0 A written comprehensive plan for individual support includes a multi- year, annual giving strategy that ensures strong individual support. A minimum of 15% of the budget comes from individuals as unrestricted gifts. A minimum of 75% of board members are actively involved in personalized solicitations. 100% of board members make personal unrestricted gifts to the annual campaign. ❑ ❑ 0 The organization has a comprehensive strategy for cultivating support from individuals that includes an annual campaign, and other measures to increase giving from individuals. A minimum of 20% of the budget comes from individuals. 100% of board members are actively involved in personalized solicitations. May 2006 Page 16 of 31 Topic Suiiimary .pe'v'elo Ii g r Operational dvancinp xcelliflp D. SPECIAL EVENTS ❑ ❑ 0 The organization conducts no ❑ 0 0 The organization conducts special- 0 0 0 ' The organization conducts well ❑ 0 ❑ The organization conducts well special events. events; but planning is limited, committee roles are not clearly planned special events that maximize return on investment. The planned special events generating 15% of the organization's annual defined and the events are staff- driven. committee roles are well defined, and strategies regarding leadership operating budget. The visibility of the organization is enhanced by the - - recruitment, cultivation, and fundraising are written and well events, and high -profile volunteers comprise the committee's ' - defined. There is an intentional plan membership. Attendees are . to cultivate attendees to become annual donors. regularly recruited for ongoing organizational participation. E. GOVERNMENT ❑ ❑ 0 0 0 0 0 0 0 0 0 0 The has a keen FUNDING _ The organization does not receive government funds, nor does it have The organization has an understanding of the availability of The organization actively pursues local, state and federal funding organization understanding of the potential of the knowledge or contact base to government funding and has opportunities. It has good government funding. The Club does pursue such funding. Members of inquired about strategies to access knowledge of proposal writing and an excellent job of leveraging the board have little if any access to such funding. It understands the knows how to market services that government dollars to match income key individuals with government need to improve in this area, but has the Club provides. The organization from private sources. Members of resources at their disposal. had little success to date. Members is using govemment funds to the board have a wide range of of the board have some access to leverage additional private funding. contacts within key government those controlling government The organization is a contributing offices and have used such contacts resources. member of its state alliance. - Members of the board have developed relationships with those controlling government resources and have ongoing communications with Boys & Girls Clubs of to secure government funding. The organization is actively involved in the Alliance and supports national government relations initiatives. America. The organization receives a minimum of 5%, but no more than 25% of its income from a single government source. May 2006 Pagel' 11 Topic Suini ary e e o s Onerarional AdV 11011p ` �zcellinp ___. F. PLANNED GIVING AND ENDOWMENT BUILDING .... The organization has no endowment policies or procedures in place. There are no formal programs for the development or promotion of planned gifts or major gifts to the endowment. Y . A staff member spends 5 to 10% of time to run a basic planned giving program. Gift acceptance policies for securities, bequests and beneficiary designations are in place. There is a formalized planned giving recognition program in place including a Heritage Club (or deferred giving society). 25% of the board participates in the Heritage Club. A planned giving prospect list has been identified and a solicitation plan is in place. A simple marketing plan has been established. A system for record keeping is established. A staff member spends 10 to 25% of time to market and solicit planned gifts. 25% of the board members have designated the Boys & Girls Club for a planned gift. There are comprehensive gift acceptance policies in place, which include real estate, gift annuities, and charitable trusts. 50% of the board participates in an organizationally sponsored planned giving program; such as in the Heritage Club. The Club markets planned giving in Club publications. The Club has a marketing plan that includes advanced gifts. A staff member spends 25 to 50% of time to market and solicit planned gifts. 75% of the board participates in the organization's planned giving program, such as the Heritage Club. The Club has an aggressive marketing plan, which includes direct mail and marketing to allied professionals. The organization has established named endowment funds and solicits outright gifts to the endowment. G. STEWARDSHIP AND RECOGNITION ❑ 0 0 The organization has no written policies to support and implement recognition and stewardship. There is little communication with donors besides an acknowledgment letter. 0 CI The organization has written acknowledgment policies. Donors receive an annual report, which at minimum documents sources of funds, uses of funds, giving levels, photos of youth, a summary of the year's highlights, and relevant activities of the organization. 0 0 0 The organization has written gift acceptance and recognition policies. Donors receive 3 to 4 pieces of communication throughout the year demonstrating the Club's impact. Staff regularly visits with top donors. CI ❑ 0 A written yearly plan for stewardship is in place to document how board and staff are to be involved in the stewardship process. Top donors receive personal stewardship visits from board members -and top donors are engaged with the organization. H. FOUNDATIONS - 0 0 0 The organization does not have a strategic plan for writing proposals or for securing grants and is unable _. to consistently deliver program outcomes. 0 0 0 The organization receives funding from various foundations. There is an informal effort to attract foundation funding. - 0 0 0 The organization has a written plan for attracting funding from foundations. The plan includes annual solicitations and is incorporated as part of the organization's resource development plan. The organization delivers the program outcomes defined in foundation proposals. 5% of the Club's annual operating income comes from foundations. 0 0 0 The organization has a plan for securing grants from private and corporate foundations and does an excellent job of delivering the program outcomes listed in its proposals: Board members have relationships with key foundation leaders and staff and are able to leverage resources for the organization, resulting in a minimum 10% of Club annual operating income being generated from foundations. May 2006 Page 18 of 31 owe Suninn y Aevelopiii' , Operational :�c vanemp Xeellinp . I. BUSINESS SUPPORT 0 0 The organization receives little or no N 0 0 ❑ The organization receives a 0 ❑ The organization has a strategy as a 0 0 The organization receives a support from businesses, including minimum of 5% of its annual part of its resource development plan minimum of 15% (includes in -kind cause -related marketing income. operating income from businesses through which it receives a gifts) of its annual operating income (including income derived from minimum of 10% (includes in -kind from businesses (including income cause -related marketing). gifts) of its annual operating income from businesses (including income derived from cause -related marketing. derived from cause -related marketing. CA May 2006 Page 1 '31 STANDARDS OF ORGANIZATIONAL EFFECTIVENESS (SOE) FINANCIAL MANAGEMENT Topic Summary ' eve1bpiit>z _. - Op`ekattonal. -= • ; Adhanclnpw ; Eicelling A. FINANCIAL • ❑ ❑ ❑ ❑ 0 0 0 ❑ 0 0 ❑ ❑ CONTROLS AND There are no evident systems in place The organization complies with all The board has a standing Finance Legal procedures are monitored and RECORD KEEPING to ensure compliance with applicable local, state and federal regulations. Committee which addresses the reviewed by staff and board local, state and federal financial The board has an active Finance audit, investments and insurance leadership annually. Staff adheres regulations. Committee in place. Key staff is matters related to the organization. to operational practices. The trained in the organization's.. internal control standards and The board monitors the compliance of all contracts or agreements on an financial policies are updated and revised every 2 years utilizing systems. There is an adequate ongoing basis. The organization has external expert counsel. Staff system to specify and assure a separate functioning Audit receives ongoing training for compliance with industry Committee that manages contracts implementation. The organization standards related to length of time with accounting and/or CPA files for maintains an internal auditing for retention and maintenance of financial, inventory, personnel, and warranty records. The - organization has sound financial policies and procedures with which all staff is familiar. audit purposes. system. The organization has a system adequate to maintain the compliance and precaution of all contracts of agreements. B. FINANCIAL 0 0 ❑ 0 0 0 0 0 ❑ 0 ❑ . ' ❑ ACCOUNTABILITY The financial planning and The organization receives an audit The organization receives an The organization receives a , management program is limited and not clearly understood. A written by an independent Certified Public Accountant and provides a copy of unqualified audit report. The organization has and utilizes management letter from an independent CPA with no material financial management assessment is such to Boys & Girls Clubs of accounting software to record and findings. The board has a completed and the America. The organization has report income and expenses in freestanding Audit Committee staff/organizational needs are identified and aligned to an action taken corrective action on recommendations) from the accordance with generally accepted accounting principles. responsible for the appointment, compensation and oversight of an plan for correction. management letter. The external auditor. The Audit organization files a 990 and/or A133 (if required). The organization puts their audit services out to bid at least every five years. A copy of the organization's 990 is sent to - Committee reviews the external auditor's reports and, where applicable,' implements timely and appropriate corrective action. BGCA, posted on the organization's Web site, and copies are available to the public. May 2006 Page 20 of 31 Topic Summary Developing' Operations[ Advancing , Excelling C. FINANCIAL STABILITY - 0 ❑ ❑ The organization has experienced an operating deficit in the last 3 consecutive years. The organization has long-term debt and no written plan to address the debt. ❑ ❑ 0 A board -approved budget is in place. If the organization has long-term, moderate debt, a written plan is in place to address it. - 0 0 0 The organization has reserves equal to 6 months' operating budget. -A board -approved budget is in place. - 0 ❑ ❑ The organization has reserves equal to its annual operating budget, excluding any restricted endowment funds. The organization has no operating deficit in the lasts years. The organization has no long-term operational debt. D. BUDGET PROCESS 0 0 0 Budget figures are unrealistic and continually revised. The board is not involved in the budget development process. 0 0 0 Income and expense budget projections are based on historical data and strategic plan priorities, not on percentage increases. There is board participation in budget development with board approval at least 30 days before the start of the next fiscal year. 0 0 ❑ The organization has a realistic annual budget sufficient to support organizational goals and objectives. Appropriate committees make income and expense projection recommendations that result in a budget which addresses priorities in the strategic plan. • 0 ❑ 0 The board is involved in developing a long-range (at least 3-year) budget to support the organization's strategic direction focusing on capacity, growth and program. E. EXPENDITURES 0 ❑ 0 There are no evident systems in place to control expenditures within budget. ❑ 0 0 The organization has systems in place to control expenditures. The board provides ongoing oversight to assure organization's expenditures are within budget. A process exists to educate and inform the board of directors of organizational expenditures. No more than 20% of expenditures are for management/general and fundraising. The organization has adequate processes to allocate staff time to functional categories. 0 0 ❑ Cash flow projections are developed and reviewed monthly utilizing accepted accounting practices. Prompt correctiveaction is taken in response to projected or significant variations from budgets. No more than 16 to 19% of expenditures are for management/general and fundraising. • ❑ 0 0 No more than 15% of expenditures are for management/general and fundraising. May 2006 Page '31 Topic,Snmmary Developinp Operational Advancing _ Exeellinp• F. FINANCIAL DATA TRACKING - • ❑ ❑ ❑ The organization does not track financial data electronically. ❑ ❑ ❑ The organization accurately tracks income and expenses electronically. Data is secured and backed up on a regular basis. _ ❑ 0 0 The organization uses fund accounting software, and generates appropriate financial statements monthly to accurately track, manage and report on funds from multiple sources, across multiple budget periods. Monthly financial statements are reviewed by management and the board to help make decisions. Financial statements/reports are provided to BGCA on a regular basis as required. 0 ❑ 0 Fund accounting software is fully integrated with donor management software. The system is configured to accommodate staff in remote locations that need access to accounting information over a wide area network (WAN). Financial data is secured and backed up onta regular basis and, is kept off site. G. INSURANCE AND RISK MANAGEMENT ❑ 0 0 Organization lacks adequate insurance coverage or reserve funds. 0 0 0 The organization has adequate insurance coverage meeting all membership requirements and names Boys & Girls Clubs of America as an additional insured. 0 0 0 The organization has a written risk management plan, which incorporates adequate insurance coverage. - - 0 0 0 The organization independently reviews and prices insurance coverage for adequacy at least every 2 years. H.INVESTMENT MANAGEMENT ❑ 0 0 Organization lacks policies guiding the management of their restricted funds/investments. - ❑ 0 ❑ - The organization has restricted funds/investments and has written investment policies and objectives to guide their management. Investments are diversified and performance is monitored quarterly by the Investment Committee and reported to the Board. The organization uses income. in accordance with board policies and donor requirements. . 0 0 0 The organization's written investment policies address well defined goals and objectives, risk tolerance, asset allocation, disposition of undesignated funds, spending rules, and gift acceptance guidelines. An independent review of strategy and performance is conducted on an annual basis by a noncommissioned professional. ❑ ❑ 0 An independent investment manager is employed to manage the organization's portfolio in . accordance with policy and - objective statements. The investment manager has the ability to manage and administer charitable gift vehicles. May 2006 Page 22 of 31 . STANDARDS OF ORGANIZATIONAL EFFECTIVENESS (SOE) IMPACT ASSESSMENT/PROGRAM 3Topie S++ummarp Dei'elopmp~,' _Operational v Adancling Excelling A. SAFE AND POSITIVE ❑ 0 El 0 ❑ ❑ 0 ❑ Club in the ❑ O. 0 The Club consistently meets all ENVIRONMENT Some program areas are open without adult supervision. Updated bulletin All program areas are staffed continually by a responsible adult. Updated bulletin The meets all statements operational category and practices in the area of safe and boards and member pictures are not boards, posters, and member pictures are consistently implements 75% of the positive environment and provides consistently displayed. Members have limited knowledge of the rules and are not engaged in helping to reinforce positive behavior. Staff, volunteers, and junior staff are not clearly identifiable and do not have training in emergency procedures. displayed. Members are knowledgeable of rules and are expected to promote and help reinforce positive behavior. All staff is clearly identifiable, is aware of the Club's atmosphere and safety, and is trained in emergency procedures. practices in the area of safe and positive environment. added value through local practices. B SUPPORTIVE 0 ❑ ❑ 0 0 ❑ 0 0 ID in 0 ID The Club meets all RELATIONSHIPS Staff knows the names of regular Club members. There is no planned attempt Staff blows names, interests, and family situations of regular members. Staff The Club meets all statements the operational category and consistently practices in the area of supportive to ensure every member develops ensures that regular Club members have consistently implements 75% of the relationships and provides added relationships with at least one staff a relationship with at least one staff practices in the area of supportive value through local practices. . _ member. Limited attention is spent on the transition of new members and staff do not view themselves as role models for members. Limited time is spent developing peer -to -peer relationships at the Club and there are fewspaces available for small groups or quiet pursuits. member. Staff members are trained in informal guidance techniques, conflict resolution, decision -making, and goal setting. All members go through a new member orientation. Staff discusses the progress of new members in weekly staff meetings. All staff is positive role models for members and friendships are encouraged and supported at the Club. relationships. . Several areas of the Club encourage small -group interactions and quiet conversations. Page 2 S1 Foplc Sumina'ry Develo1 m Operation al Ad ancmp= 'Excellmip' C. OPPORTUNITIES AND EXPECTATIONS ❑ ❑ ❑ Little time is spent planning the overall Club program. The Club provides limited opportunities in the five -core program areas. Few computers are available for member use and Internet access is not available. Members do not receive a consistent, strong message about the importance and expectation of character, citizenship, leadership, health, and wellness, avoidance of risk behaviors, academic success, graduation, post -secondary education, and career plans. Members .. do not have a choice in how they spend their time at the Club. ❑ 0 0 Staff meet regularly and work together to develop and implement a daily, weekly, monthly, and yearly program calendar that ensures a range of activities in all five -core program areas for all age groups. A technology center with quality equipment is available, staffed and well utilized throughout operating hours. A wide variety of strategies are used to express high expectations for all members' character, citizenship, leadership, health, wellness, avoidance of risk behaviors, academic success, graduation, post -secondary education, and career plans. Members are able to choose what activities they engage in while at the Club. 0 0 0 The Club meets all statements in the operational category and consistently implements 75% of the practices in the area of opportunities and expectations. 0 0 0 The Club consistently meets all practices in the area of opportunities and expectations and provides _ added value through local practices. a D. FUN . _ ❑ 0 0 Fun, interest -based activities are restricted to the gymnasium and games room. The Club has adequate space for its program needs, but the building - lacks attractive features for young people. Staff members implement activities and programs exactly as prescribed; there are no modifications to attract or retain the interest of young people. 0 0 0 Fun, interest -based activities have been scheduled for all areas of the Club. Program areas of the Club are organized and designed to be attractive to all members. The infusion of fun, interest- based activities into all program areas is discussed in weekly staff meetings. All staff members have a ready supply of "on -the -spot" fun games. 0 0 ❑ The Club meets all statements in the operational category and consistently implements 75% of the practices in the area of fun. 0 0 0 The Club consistently meets all practices in the area of fun and provides added value through local practices. E. RECOGNITION' 0 0 0 Staff members acknowledge the presence of young people by speaking to as many young people as they can as they walk through the Club. Major awards and accomplishments are prominently displayed. The Club provides extrinsic rewards to encourage program participation and celebrate program completion. 0 0 ❑ Staff members meet on a weekly basis to discuss successes and shortcomings in participation of youth. Staff members strategize on the best ways to reward or redirect young people's behavior. The staff has an established system for regularly displaying and updating members' work and achievement and of providing extrinsic rewards and assisting young people in developing intrinsic motivations to participate in program and attain outcomes. ❑ 0 0 The Club meets all statements in the operational category and consistently implements 75% of the practices in the area of recognition. ❑ 0 ❑ The Club consistently meets all practices in the area of recognition and provides added value through local practices. 01 (at May 2006 Page 24 of 31 (IU May 2006 Tp -. -- ary �I eve own r Operahortal Adac np xceIliny F. OVERALL CLUB OPERATIONS AND SUPPORT ❑ ❑ 0 Club operates on average at less than 75% of optimal daily attendance, less than 30% of members participate two or more times per week throughout the year, and there are no membership recruitment or retention plans. The Club has minimum operating hours and some members are unable to participate because of fees. The Club collects membership information and daily attendance. There are few partners and limited community events take place at the Club. Parents seldom participate in Club activities. 0 0 ID Club operates on average at 75% to 85% of optimal daily attendance, 31%to 45% of members participate two or more tunes per week throughout the year, and there are written membership recruitment and retention strategies. The Club operates six days per week and at least five hours per day and membership and program fees exclude some members, but scholarships are provided. The Club has an ongoing system for measuring and assessing the reach and impact of the Club. Club has outstanding community partnerships and hosts a number of ongoing community meetings and special events. Parents are encouraged to be involved in the Club. ID El The Club meets all statements in the operational category and consistently implements 75% of the practices in the area of overall Club operations and support. 0 ' • 0 0 The Club consistently meets all practices in the area of overall Club operations and support and provides added value through local practices. G. TEENS The Club has dedicated hours and a modest budget for teen programming. The. Club's teen program is a version of the core program experience for all members. There is little involvement of teens in the development and implementation of programs and activities. There are regular opportunities for teens to provide service to their Club. Teens with innate ' leadership abilities are provided ongoing opportunities to utilize and The Club has dedicated program hours or space as well as an annual budget for teen programs that reflects a commitment to serve significant numbers of teens. The Club provides a unique experience for all members. Teens are engaged in the development and implementation of programs and activities. There is an active, year-round junior staff program for teenagers. There is an ongoing process, via Club programs and activities, to develop new teen leaders in the Club. The Club meets all statements in the operational category and consistently implements 75% of the practices in the area of teens. The Club consistently meets all practices in the area of teens and provides added value through local practices. . A. TRANSITIONS - - El El There are no policies for how members enter and exit the building. The front entry is not distinguished by check -in- desk staff. Members are not greeted as " they enter the building and membership cards are not required. The Club does not conduct a new member orientation and there are few program schedules on display. 0 0 0 The Club has defined policies on how members enter and exit the building. The entry area isclearly defined and . staffed. Members are greeted by first name as they enter the building and must present a membership card to gain entry. The organization conducts an orientation for new members and daily, weekly, and monthly schedules are posted in a prominent location and at the entrance of each program area - 0 0 0 The Club meets all statements in the operational category and consistently implements 75% of the practices in the area of transition. - 0 0 0 The Club consistently meets all practices in the area of transitions and provides,added value through local practices. Page 2.`.-`431 STANDARDS OF ORGANIZATIONAL EFFECTIVENESS (SOE) MARKETING AND COMMUNICATIONS Tic°Sumn ary ' Aevelopxn•p -,Operational - Advancing E celIinp A. BOARD INFLUENCE AND INVOLVEMENT ❑ ❑ 0 No board or staff leaders of the organization are involved on other community boards or groups. " - 0 ❑ 0 There is limited involvement by Club board and staff leaders on other community boards -and groups. 0 0 0 • The organization has (board and staff) representation on issues affecting youth through community boards, commissions and civic organizations. 0 0 0 The organization has active board and staff representation on various community boards, commissions and civic organizations that affect decisions and influence/advocate for youth issues. B. IMAGE ❑ 0 • 0 Facilities, vehicles and other Club assets are poorly maintained and often used in a manner that does not reflect a positive image. 0 0 ❑ Facilities, vehicles and other Club assets are maintained and utilized in a manner that generally reflects a positive image. 00 El The organization's facilities, vehicles and other Club assets are maintained and utilized in a manner that reflects a positive image. The organization uses external market resources to support and develop its image. ❑ 0 The organization's facilities, vehicles and other Club assets are maintained and utilized consistent with written guidelines and training and in a manner that always reflects a strong positive image. The Club measures external market research and implements plans for improvements. C. MEDIA RELATIONS 0 0 ❑ There is little or no attempt to maintain contact with local media representatives. - - 0 0 0 The organization has periodic or occasional contact with local media representatives for publicity and advertising purposes. - 0 0 • 0 The organization has regular, planned contact with local media representatives for publicity and advertising purposes. The organization has a written plan for ongoing contact with local media representatives and maintains a local media list. 0 0 0 . The organization maintains and reviews a written plan for ongoing contact with all local media, both for publicity and advertising. The plan maximizes media exposure and results are published in quarterly report to the board. D. BOYS &GIRLS CLUBS OF AMERICA MARKETING MATERIALS • 0 El The organization does not use Boys Girls Clubs of America marketing materials or they are used with very materials poor adaptation. 0 0 0 The organization uses Boys & Girls Clubs of America public service announcements sporadically. The organization does not coordinate media requests with other Boys & Girls Club organizations in'the same media market. 0 0 0 The organization regularly uses Boys & Girls Clubs of America public service announcements and marketing materials. The. organization coordinates with other Boys & Girls Club organizations in the same media market, and localizes ads only as appropriate. 0 ❑ 0 The organization uses Boys'& Girls Clubs of America public service announcements and marketing materials. Local campaigns are created and implemented to augment and complement Boys & Girls Clubs of America advertising materials. ( May 2006 Page 26 of 31 Cr May 2006 =`y Topic=SuinSna`ry De'ielopiiif Operational A.dvarieliip �xceI1ing E. MARKETING STRATEGY ❑ ❑ • ID The organization has no Marketing and Communications Committee and little, if any, activity underway to promote awareness of and support for its Club(s). ❑ 0 • The organization has a Marketing and Communications Committee that meets occasionally to plan and implement efforts to gain recognition and support for its Club(s). The organization utilizes Boys & Girls Clubs of America's advertising, public service announcements and other marketing materials. 0 0 0 The organization has a Marketing and Communications Committee which meets regularly and has developed and implemented a written strategy to gain recognition and support for its Club(s) as "The Positive Place for Kids," including a written plan for targeting appropriate publics. 0 ❑ 0 The organization has an active Marketing and Communications Committee leveraging outside resources to assist in developing and implementing an'aggressive written strategy and plan for positioning its Club(s) for community/brand recognition and support as "The Positive Place for Kids," with written outcome measures resulting in income streams for the organization. . F. COMMUNIC. TIONS/PUBLIC RELATIONS CAMPAIGN 0 0 0 The organization has no public relations/communications program. 0 0 0 There is a limited communications program, which includes utilization of appropriate media to reach the public. 0 0 0 The organization implements a year- round written communications/ public relations program including utilization of appropriate media to reach each public; allocation of budget; and evaluation of total program. 0 0 0 The organization implements a comprehensive written communications/public relations program including utilization of appropriate media to reach each public, allocation of at least 5% of budget and evaluation of the total program. G. PROMOTIONAL MATERIALS REFLECT POPULATION SERVED ID❑ ❑ Promotional materials do not reflect • diversity of the organization. 0 0 0 Promotional materials occasionally reflect diversity of youth. 0 .❑ ElElEl❑ Promotional materials usually reflect diversity of the youth and staff. Promotional materials always reflect diversity of the youth, staff and board. H. CRISIS MANAGEMENT PLAN ❑ 0 ❑ There is uncertainty as to who speaks for the organization and with what message. - ❑ ❑ ❑ There is a written crisis management plan. The chief professional officer (CPO) usually speaks for the organization. 0 0 0 The organization has a designated spokesperson with written guidelines for responding to crises that are clearly understood by board and staff members. ❑ ❑ 0 The organization has a written crisis management plan approved by the board that is clearly understood by board and staff members. Response to crises is reviewed and rehearsed at least annually. I. BOYS & GIRLS CLUBS OF AMERICA'S GRAPHIC STANDARDS ❑ 0 0 Adherence to graphic standards is limited. 0 0 0 The current service mark of Boys & Girls Clubs of America is displayed on the outside of its building and on all appropriate printed matter and complies with approved graphic standards. 0 . ❑• 0 Vendors, staff, and board members receive annual orientation and training on graphic standards. 0 ❑ 0 Staff and board share best practices and adherence to graphic standards with the Movement. • Page •,' 31 TopicSumniary Developing Operational Ad ancing, Excelling J. INTERNET ❑ ❑ ❑ ❑ ❑El ❑ 0 0 0 0 The high UTILIZATION AND The organization lacks a functioning, professionally The organization maintains a basic Web site that is updated at least The organization's Web site contains essential, accurate organization maintains a - quality, regularly updated Web site. developed Web site. quarterly. There is little use of information about Club programs Email inquiries from the public are MANAGEMENT available marketing materials. The and events and is updated monthly. answered promptly. Resources are organization meets Boys & Girls There is a designated staff person or downloaded and used. A cost - Clubs of America's graphic volunteer to update and maintain the benefit analysis is conducted standards and the site contains a link to www.bgca.org. organization's Web site. National marketing materials are regularly downloaded and used. annually. "1 yl May 2006 Page 28 of 31 STANDARDS OF ORGANIZATIONAL EFFECTIVENESS (SOE) FACILITIES Topic Summary pevelopinp: Operational Advaneing Excelling A. SAFETY 0 0 ❑ Club personnel are not easily identified. Configuration of building makes it difficult to supervise youth. Building and grounds do not appear secure. There is no emergency plan in place. The facility has a basic security system in place. ❑ 0 0 The board has established a committee to ensure Club safety and maintenance. Club staff is easily identified. There is controlled access to the building. Building(s) is/are regularly inspected by the fire marshal. There is good visibility into all activity spaces. A written crisis plan is available to all staff. Buildings and grounds are free of common hazards. Emergency exit doors are unblocked, clearly marked, alarmed, and operable. El 0 Clothing or ID easily identifies Club staff. There is controlled access to property and buildings. The organization has an electronic security system that is monitored extemally. 0 ❑ 0 Entrance routes are observable and controllable at all times. There is walk -by visibility into all program areas as well as video and/or staff monitoring capabilities intemally and externally. The organization provides documented crisis response training for all staff. B. STRATEGICALLY LOCATED 0 0 ❑ Facilities are located in an area that is clearly inappropriate for access by Large numbers of youth. 0 0 0 Facilities are located in a marginally effective area for reaching a large number of youth.- 0 ❑ 0 The organizations facilities are located so as to reach and serve a large number of targeted youth. 0 • 0 ❑ The organization's facilities are strategically located so as to reach and serve a large number of targeted youth. The organization conducts a periodic review to assure continued location appropriateness. C. ADEQUACY OF FACILITIES ❑ 0 0 The organization operates poorly equipped, limited facilities only capable of housing a marginally varied and diversified program. 0 0 ❑ The organization operates. limited facilities that are adequately equipped and capable of housing a varied and diversified program. 0 0 0 The organization operates facilities that are adequately equipped and capable of housing a varied, diversified program. 0 0 0 The organization operates optimally equipped facilities capable of housing a varied and diversified program.. D. MAINTENANCE OF FACILITIES 0 0 0 Facilities are believed to be safe, but are not regularly cleaned or repaired to remain functional. 0 0 0 All components of building, grounds, equipment and furnishings are cleaned regularly and operate properly in accordance with Local codes, applicable laws and ordinances. 0 0 0 The organization has a written maintenance schedule for cleaning, for repairing and replacing equipment and furnishings as needed. 0 ❑ ID The organization has a written, multi -year preventive maintenance plan and upgrade schedule. . cp May 2006 Page 2s?` 31 Topic amniary Aevelopinp opera oral Advancing J,xce'llnp E. AGE APPROPRIATE- NESS ❑ 0 0 Facilities attract children and teens, but there is no apparent effort to address different age groups' needs by providing age -appropriate equipment and furniture. - . 0 0 ID Program areas are functional for both children and teens with shared space but distinct equipment. Games, toys, books and furniture for each age group are available and in good repair. 0 ❑ Program areas are dedicated for two age groups (6 to 12 and 13 to 18). Games, toys and books for each age group are available and in good repair. Furniture is kid/teen friendly. 0 0 0 Within each program area there are. dedicated spaces for 3 main age groups (6 to 9, 10 to 13, and 14 to 18). Games and toys for each age group are available and in good repair. Furniture is available in 3 sizes to accommodate most members. Pertinent information is displayed at eye levelof target audience. F. CLUB ENVIRONMENT. ❑ 0 ❑ Program spaces are inadequate in size/proportion for use. Decor is drab, outdated, mismatched or disorganized. ' 0 ❑ 0 Entire facility is clean and well lit. Program spaces are of adequate size for function. Color scheme may be out of date but clean. Light levels and sound controls are adequate for tasks; temperature is appropriate. 00 . ID 00 • 0 Program spaces are inviting, are of adequate size and proportion and support several different furniture arrangements for different learning styles. The color scheme is fun and child -friendly and planned to enhance environment. Light sources exceed recommended standards and include abundant natural light. Sound levels andtemperature are conducive to fun and learning. Program spaces are of adequate size and proportion and can be used for multiple functions Color scheme is fun and child -friendly, and there is a sense of order in the space without it being rigid. Light levels, sound control and temperature support the Club environment. G. FINANCIAL RESERVES FOR MAINTENANCE ID 0 0 There is no plan or provision for major repairs and improvements to facilities and equipment. ❑ ❑ 0 The organization usually finds funding for major repairs and improvements, sometimes at the cost of operating income or with costly delays. 000 The organization has access to funds for major repairs and improvements to facilities and equipment. The organization has a designated facilities reserve fund. 00❑ The organization has designated adequate financial reserves for the maintenance and replacement of facilities and equipment. A. PLANNED MAINTENANCE 10❑ 0 The planned maintenance program, if any, is superficial and sporadic, responding primarily to urgent • conditions. 100 0 There is an informal planned maintenance program characterized by frequent inspections of major facilities and equipment. ID .0 0 The organization has a systematized, ongoing planned maintenance program. 0 ID The organization has a written planned maintenance program, - complete with schedules and accountability assignments. ul May 2006 Page 30 of 31 a Ta P is Suminary Dereloput O�erahonal' Adua ran ExeelFing I. FACILITY/ EQUIPMENT USAGE POLICY - ❑ ❑ ❑ There are no established policies for the use of facilities by others during non -Club hours. ❑ 0 0 The organization has policies regarding the use of facilities by others during non -Club hours. _ ❑ 0 El The organization has established written policies for use of its facilities by others during non -Club hours. 0 0 The organization has formal, comprehensive policies for the use of its facilities and equipment by others that are reviewed annually by the board in line with budget considerations. J. GENDER INCLUSION AND ACCESSIBILITY Facilities and equipment favor one gender. Facilities and equipment are generally reflective of gender needs in appropriate balance and are gradually improving. An effort is made to mainstream disabled children as needed. 0 Facilities and equipment are reflective of gender needs, and a written plan is being implemented - for needed changes. 00❑ Facilities and equipment reflect full and equal consideration for girls and boys. A written plan is in place to make the building compliant with the Americans with Disabilities Act. O May 2006 • Page '. 31 • ACORD CERTIFICATE OF LIABILITY INSURANCE DPI- BOYS&-1. DATE(MM/DD/YYW) 12/01/10 PRODUCER North County Insurance 350 W. 9th Ave. Suite 106 P.' 0. Box 907 • ' Escondido CA 92033-0907 Phone:760-745-9511 Fax:760-745-9157 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS.CERTIFICATE DOES NOT AMEND, EXTEND OR • ALTER. THE COVERAGE AFFORDED BY THE POLICIES BELOW. )NSURERSAFFORDINGCOVERAGE NAIC# INSURED Boys & Girls Clubs of Greater San Diego 115 W. Woodward Avenue Escondido CA 92025-2638 INSURERA: phi l adalpnia indemnity Ina. Co INSURERB: INSURER C: INSURER D: INSURERS: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED70 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR INSRC TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD%YYIE POLICY ))N LIMITS A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY PHPK593327 07/01/10 -07/01/11' EACH OCCURRENCE. 5 10 00000 PREMI9E9(Eaawtenca) s100000 MEDEXP(Any one person) 55000 1 CLAIMS MADE © OCCUR PERSONAL &ACV INJURY 51000000 • GENERAL AGGREGATE $ 3000000 PRODUCT S- COMP/OP AGG $3000000 � GEML h AGGREGATE LIMIT APPL�IEIS PER: l POLICY n JET ILOC AUTOMOBILE _^ _ _NON LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS -OWNED AUTOS COMBINED SINGLE LIMIT— (Ea accident) 5 BODILY INJURY (Per person) BODILY INJURY (Per accident): $ PROPERTYGE accident) 5(rr GARAGELIABILRY ANY AUTO AUTO ONLY -EA ACCIDENT 5 OTHER THAN EA ACC 5 AUTO ONLY: AGG 5 A EXCESSIOMBRELIA LIABILITY OCCUR ■ CLAIMS MADE DEDUCTIBLE RETENTION 510, 000 PHPK593327 07/01/10 07/01/11 EACH OCCURRENCE $4,000,000 AGGREGATE 5 5 - 5 5 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICEFUMEMBER EXCLUDED? IIy 5.6escribeondet SPECIAL PROVISIONS below ITORV LIMITS I FIN EL, EACH ACCIDENT 5 EL. DISEASE -EA EMPLOYEE 5 E.L. DISEASE •POLICY LIMIT 5 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS *10 Days notice in the event Certificate holder named as 1430 D Ave., National City, ADDED BY ENDORSEMENT/ policy is cancelled additional insured CA 91950-4532 SPECIAL PROVISIONS for non payment of premium. as respects to location at CERTIFICATE. HOLDER CANCELLATION City of National City, Its O£ficers,Agents & Employees Attn: George Eiser 1243 National City Blvd National City CA 91950-4301 SHOULD ANY OF THE ABOVE OESCRIBEO'POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENOEAVDR TO MAIL *30' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO in) SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. PU7NORIZERE �RESIC'TA ACORD 25 (2001/08) ©ACORD CORPORATION 1988 b / ��p( "L"` .�""&"^b Y {' A:r y1 ACORD ®*`®: .'Y , AND CONVEYS �^ Spa DATE (MMIDD/YY) D lz/ol/lo THIS IS'EVIOENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, . RIGHTS AND PRIVILEGES AFFORDED. UNDER THE POLICY. ALL THE PRODUCER ITAa 760-745-9511 /760-745-915 COMPANY Philadelphia Indemnity Ins. Co Philadelphia Ins. Companies 27101 Puerta Read #200 Mission Viejo CA 92691 . North County Insurance 350 W. 9th Ave..'Suite 106 P. 0. Box 907. Escondido CA 92033-0907 House Account CODE: I SUB CODE: CUENCY STOMER IDN: BOYS&-1 INSURED Boys & Girls Clubs of Greater San Diego 115 W. Woodward Avenue ' Escondido CA 92025-2638 LOAN NUMBER POLICY NUMBER PHPK593327 EFFECTIVE DATE - 07/01/10 EXPIRATION DATE CONTINUED UNTIL 07/01/11 El TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: an1'kM aa'.-s' "w,,,, Pf g. 54,'7 0- [S �2; m r Lu c �ff 3: s :T " �s"`ab¢"i �f"+t r' @ '%i x 'LOCATIONIDESCRIPTION • 001 1430 D Ave National, City. CA 91950-4532 SCOP,ERI{GW IN iO n,l ; r s' tg�nt:u ' `xmm COVERAGE/PERILS/FORMS . ' AMOUNT OFINSURANCE �'1, DEDUCTIBLE • BLANKET BUILDINGS, SPECIAL FORM, REPLACEMENT COST 30,244,592 1000 RE{IAfii1S, isa(,U`d I�.Sfd aI,�Sipn��tl�.��.�,d POLICY IS CANCELLED NATIONAL CITY, ITS *10 DAYS NOTICE OF CANCELLATION IN THE EVENT THE FOR NON PAYMENT OF PREMIUM. LOSS PAYEE: CITY OF OFFICERS, AGENTS AND EMPLOYEES AS ADDITIONAL INSUREDS. E7,F- ,....a'-,,�.„,.,'w2w�. Fs',s radi...r�,s;.'t`k'c`-3. FOR EACH POLICY IDENTIFIED THE POLICY THAT WOULD BY LAW. ERANIgli ,N( THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST • WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS ORAS REQUIRED PERIOD. SHOULD.THE BELOW *30 DAYS AFFECT THAT raaPKIe_ UJONO ARV' al. -TAW, MORTGAGEE X LOSS PAYEE . NAME AN,D ADDRESS • CITY OF NATIONAL CITY SEE ABOVE ATTN:GEORGE EISER 1243 NATIONAL CITY.BLVD NATIONAL CITY CA 91950-4301 _ ADDITIONAL INSURED LOAN# AUTHDRIZED REPRESENTATIVE y 4',6'_ . FA,CORDi2703,(92M�ttaifMk.41M' sae'`. A.SiZaW.--','lMil a' 64Pa9B, APVI T'1ITIMP .3.1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). • DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 26 (2001/08) Philadelphia Indemnity Insurance Company Additional Insured Schedule Policy Number: PHPK593327 Additional Insured Penske Truck Leasing Co., LP and it;s partners Truck Rental Services 1355 Linda Vista Dr San Marcos, CA 92078-3804 CA2001 - CA - Veh #6 1990 IHC Bus-.1HVBBZ27N6MH3085B8 CA2001 - CA - Veh #7 1991 IHC Bus - 1HVBBZ7N8MH308592 CA2001 - CA - Veh #8 1997 DODGE Ram - 2B4HB15X0VK551234 CA2001 - CA - Veh #9 2000 DODGE Ram Van - 2B5WB35Y01K508482 CA2001 - Commercial Automobile Additional Insured City of National City Its Offices, Agents & Employees Attn: Ginny Orcutt 1243 National City Blvd National City, CA 91950-4301 CG2011 - CA - Loc #23 - 334 (YMCA/YWCA/SIMILAR INSTITUTION) Additional Insured Boys & Girls Club of America 4201 Long Beach Blvd Ste,101 Long Beach, CA 90807-2010 CG2010 - CA - Loc #23 - 334 (YMCA/YWCA/SIMILAR INSTITUTION) Page 7 of 12 (03 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A 20-YEAR LEASE BETWEEN THE CITY AND THE BOYS' AND GIRLS' CLUB OF GREATER SAN DIEGO, INC., FOR THE CITY -OWNED LAND AND BUILDING LOCATED AT 1430 D AVENUE WHEREAS, in December, 2008, shortly after the Boys' and Girls' Club of National City merged with the Boys' and Girls' Club of Greater San Diego, Inc., ("BGCGSD"), the City entered into a month -to -month lease with BGCGSD of its land and building at 1430 D Avenue (the "Property") with the understanding that a long-term lease would eventually be entered into; and WHEREAS, BGCGSD and the City are now desirous of entering into a long-term lease for the Property for the purpose of maintaining a clubhouse thereon, and for promoting the physical, mental, and moral well-being of the boys and girls cif the City of National City, and for boys and girls in the immediate vicinity; and WHEREAS, the term of the Lease will be for a period of 20 years with an annual payment to the City of $1.00; and WHEREAS, the use of the Property for the purpose of a Boys' and Girls' Club will promote the general welfare of all the inhabitants of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Lease with the Boys' and Girls' Club of Greater San Diego, Inc., for the land and building located at 1430 D Avenue. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of December, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO. FORM: Claudia G. Silva City Attorney RESOLUTION NO. 2010 — 273 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A 20-YEAR LEASE BETWEEN THE CITY AND THE BOYS' AND GIRLS' CLUB OF GREATER SAN DIEGO, INC., FOR THE CITY -OWNED LAND AND BUILDING LOCATED AT 1430 D AVENUE WHEREAS, in December, 2008, shortly after the Boys' and Girls' Club of National City merged with the Boys' and Girls' Club of Greater San Diego, Inc., ("BGCGSD"), the City entered into a month -to -month lease with BGCGSD of its land and building at 1430 D Avenue (the "Property") with the understanding that a long-term lease would eventually be entered into; and WHEREAS, BGCGSD and the City are now desirous of entering into a long-term lease for the Property for the purpose of maintaining a clubhouse thereon, and for promoting the physical, mental, and moral well-being of the boys and girls of the City of National City, and for boys and girls in the immediate vicinity; and WHEREAS, the term of the Lease will be for a period of 20 years with an annual payment to the City of $1.00; and WHEREAS, the use of the Property for the purpose of a Boys' and Girls' Club will promote the general welfare of all the inhabitants of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Lease with the Boys' and Girls' Club of Greater San Diego, Inc., for the land and building located at 1430 D Avenue. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of December 10. on Morrison, Mayor ATTEST: Mich R. Dalla City Clerk ED AS TO FORM: Cli=11.ia G. Silva Ci y Attorney Passed and adopted by the Council of the City of National City, California, on December 7, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City Of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-273 of the City of National City, California, passed and adopted by the Council of said City on December 7, 2010. City Clerk of the City of National City, California By: Deputy NOTE TO FILE 11-08-11 IN THE MATTER OF: Resolution of the City Council authorizing the Mayor to execute a 20-year Lease between the City and the Boys' and Girls' Club of Greater San Diego for the land and building located at 1430 D Avenue. Please note the following: ABOVE RESOLUTION HAS BEEN RESCINDED BY RESOLUTION NO. 2011-183 ADOPTED ON AUGUST 16, 2011 ORIGINATING DEPARTMENT: _ CDC _ Housing & Grants X City Attorney _ Human Resources City Manager _ MIS Community Svcs. _ Planning Engineering _ Police Finance Public Works Fire NTF