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HomeMy WebLinkAbout2006 09-19 CC CDC AGENDA PKTAgenda Of A Regular Meeting National City City Council Agenda of a Regular Meeting Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — September 19, 2006 - 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. Pledge of Allegiance to the Flag by Mayor Nick Inzunza Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at 336-4228 to request a disability -related modification or accommodation. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interprefacidn en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. I Council Requests That All CeII Phones And Pagers Be Turned Off During City Council Meetings OPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us CITY COUNCIL PRESENTATIONS COUNCIL AGENDA 9/19/06 Page 2 1. Employee of the Month Program — Fire Captain Donald Miner 2. Update on Marina Gateway Hotel and Commercial Project — Ivar Leetma, MRW Group CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be' removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 3. Approval of the minutes of the Regular City Council/Community Development Commission meeting of August 1, 2006. (City Clerk) 4. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 5. Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with D-Max Engineering Inc., in the amount of $200,000 in order to continue providing the City with engineering and environmental services and assist implementing National Pollutants Discharge Elimination System (NPDES) permit requirements. (Engineering) 6. Resolution of the City Council of the City of National City to approve, accept, and record Cypress Glen Condominiums Subdivision map located on Cypress north of Sweetwater Road (S-2004-13). (Engineering) COUNCIL AGENDA 9/19/06 Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City adopting an amended Conflict of Interest Code which incorporates by reference the Fair Political Practices Commission's standard model Conflict of Interest Code, and rescinding Resolution No. 2004-168. (City Attorney) 8. Resolution of the City Council of the City of National City approving a revised Policy Number 109 of the City Council Policy Manual pertaining to reimbursement elected and appointed officials and City employees for actual and necessary expenses incurred in the performance of their official duties, to comply with the requirements of the AB 1234. (City Attorney) 9. Resolution of the City Council of the City of National City authorizing the Mayor to execute the 2006-07 Community Development Block Grant (CDBG) agreements between the City of National City and various community organizations within the City. (Community Development Commission) 10. Temporary Use Permit — Cruise for the Cause hosted by the American Red Cross at Plaza Bonita on Saturday, September 30, 2006 from 10 a.m. to 3:30 p.m. with no waiver of fees. (Building & Safety) 11. WARRANT REGISTER # 8 (Finance) Ratification of Demands in the amount of $1,293,906.00 12. WARRANT REGISTER # 9 (Finance) Ratification of Demands in the amount of $1,240,517.93. PUBLIC HEARING 13. Public Hearing — Tentative subdivision map for the division of one 23,917 square foot property into three lots at 1821 & 1827 "C' Avenue. (Applicant: Ziba Ghaziaskari) (Case File No. S-2006-14) (Planning) COUNCIL AGENDA 9/19/06 Page 4 ORDINANCE FOR INTRODUCTION 14. An Ordinance of the City Council of the City of National City adding Chapter 10.48 to the National City Municipal Code mandating responsible beverage service training for sellers and servers of alcoholic beverages at on -sale licensed establishments. (City Attorney/Police) NEW BUSINESS 15. Marketing and cultural resource analysis for National City's historical and cultural buildings. (Community Services) 16. Restoration of City Services/Position Recruitments and City Manager Reorganization Plan. (City Manager/Human Resources) 17. National City Transit Monthly Transit Report for September — 2006. (John P. Webster, Sr., Vice President -General Manager, National City Transit) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 18. Ratifications of Expenditures of the Community Development Commission: Expenditures for the period of 08/22/06 through 09/05/06 of $1,043,858. (Community Development Commission/Finance) NON CONSENT RESOLUTIONS 19. Resolution of the Community Development Commission of the City of National City approving a Design Concept Plan by Palm Plaza Associates, LLC for development of a 1.07-acre parcel located at 1640 East Plaza Boulevard. (APN #557-410-20) in National City, California. (Community Development Commission) COUNCIL AGENDA 9/19/06 Page 5 NON CONSENT RESOLUTIONS (Cont.) 20. Resolution approving a second amendment to the Term Sheet that was entered into between Willow Partners, LLC and the Community Development Commission (CDC) of National City and appropriating $722,000 from the Project Area Housing Fund for the Plaza Apartment Project located at 1535 East Plaza Boulevard in National City, California. (Community Development Commission) NEW BUSINESS 21. Report: Community Development owned parcels at 1820 G Street, 1441 Harding Avenue, and 405 18th Street, National City, California. (Community Development Commission) • MAYOR AND CITY COUNCIL CLOSED SESSION 1. Public Employee Performance Evaluation — Government Code Section 54957 Title: City Manager 2. Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9 (c) One Potential Case ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday - October 3, 2006 - 6:00 p.m. - Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE City of National City Human Resources Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM September 5, 2006 TO Chris Zapata, City Manager FROM Alfredo J. Lopez III, Director of Human Resources SUBJECT EMPLOYEE OF THE MONTH PROGRAM ITEM #1 9-19-06 The Employee of the Month Program communicates the City's appreciation for outstanding performance. In so doing, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the work environment and community. The employee to be recognized in September 2006 is Fire Captain Donald Miner. By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, September 19, 2006, to be recognized for his achievement and service. Attachment (1) xc: Captain Donald Miner Chief Roderick Juniel Councilmember Natividad Human Resources - Office File AJL:Im Performance Recognition Program (2) ® Recycled Paper City of National City Performance Recognition Award Nomination Form I nominate Captain Donald Miner for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc.). Do not exceed 150 total words. Please be as specific as possible when giving your examples. Donald Miner is nominated due to his devotion and dedication to the Department and the community we service. Don is always willing to help. His concern for our seniors and children is very evident through his vigilance in looking out for their wellbeing. Don was instrumental in the implementation of the TeleStaff system. Don spent countless hours on training, troubleshooting and implementing TeleStaff. Don willingly takes on assignments in an effort to enhance the efficiency of the Department. Don worked on and developed several tracking systems to evaluate constant staffing, Joint Apprenticeship Committee (JAC) training hours. He also assisted in the development of a tracking system to monitor the training requirements of the Department. Don's dedication motivates him to always be looking forward. He arrives early and stays late to dedicate time to his projects. It's Don's nature to devote himself to the Department and the people of National City. FORWARD COMPLETED NOMINATIONS TO: National City Performance Recognition Program Personnel Director Nominated by. Roderick Juniel, Fire Chief Signatures, Date: September 5, 2006 NC PersDept Form 2003 ITEM #2 9/19/06 UPDATE ON MARINA GATEWAY HOTEL AND COMMERCIAL PROJECT - IVAR LEETMA, MRW GROUP - ITEM # 3 9/19/06 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF AUGUST 1, 2006. (CITY CLERK) ITEM #4 9/19/06 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption • It is recommended that the City Council approve the following motion as part, of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at thismeeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL AGENDA STATEMENT September 19, 2006 MEETING DATE 5 AGENDA ITEM NO. JTEM TITLE Resolution authorizing the Mayor to execute an agreement with ll-Max hngmeenng inc., in the amount of $200,000 in order to continue providing the City with engineering and environmental services and assist implementing National Pollutants Discharge Elimination System (NPDES) Permit requirements. PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT. 4387 EXPLANATION See attached explanation. ( Environmental Review N/A N MIS Approval Financial Statement / Approved By: C,I „ . ct� This agreement is for contract cost with a "Not to Exceed" amount of $200,000. finance Dir or Funds are available in Account No.125-421-222-299. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1. Resolution Resolution No. 2. Proposed Agreement Form (3 original copies) A-200 (Rev. 7/03) RE: Resolution of the City of National City Council authorizing the Mayor to execute an agreement with D-Max Engineering, Inc. in the amount of $200,000 in order to continue providing the City with engineering and environmental services and assist implementing National Pollutants Discharge Elimination System (NPDES) Permit requirements. Based upon requirements of the adopted National Pollutants Discharge Elimination System (NPDES) permit No. CAS107758, Order 2001-01, and the City's Jurisdictional Urban Runoff Management Program (JURMP), the City is committed to continued its efforts in various aspects of this program and maintain its compliance with the permit requirements. The program consists of the implementation of the Municipal, Industrial, Commercial, Residential, Land Use Planning for New Development/Redevelopment, Construction, Illicit Connection/Illegal Discharge, Education, Public Participation, and Program Assessment components as outlined in the City's JURMP. On August 16, 2005, by the City Council Resolution No.2005-177, a contract agreement was executed between the City and D-Max Engineering to continue assisting the City in implementation of the annual NPDES program (05-06). D-Max Engineering has been providing quality services and implementing the City's NPDES program on schedule in a professional manner. This firm is familiar with the City's current NPDES program, storm drain system, and the State Permit requirements. Staff is recommending D-Max Engineering to continue providing the as- needed services for this year's NPDES program (06-07). The proposed scope of work is consistent with the requirements of the NPDES permit and commitments made by the City in its JURMP. The contract before Council for approval is for the general environmental and engineering services for this program, and includes the following tasks: • Coordinate the program. • Revise Documents for New Permit Requirements. • Update the City's Jurisdictional Urban Runoff Management Program (JURMP). • Continue Developing Data Management and GIS. • Assist the City to Comply with its Inspections Program. • Assist the City to Implement Standard Urban Storm -water Mitigation Plan (SUSMP). Implement Dry Weather Analytical Monitoring and Field Screening and Follow up Investigations. • Prepare JURMP Annual Report/Develop Assessment of Program Effectiveness. 1 • Assist the City in Implementing its Watershed Urban Runoff Management Program (WURMP). • Assist the City in Performing its Training and Education Programs. • Provide other related Storm Water Quality Services. D-Max Engineering has proposed a plan, outlined in Exhibit "A", to implement this year's program. The work can be accomplished through a new contract agreement. The final scope of work is attached as part of agreement that is being presented to the Council for approval. The fee for performing the work is a "Not to Exceed" amount of $200,000. 2 RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH D-MAX ENGINEERING, INC., IN THE AMOUNT OF $200,000 IN ORDER TO CONTINUE PROVIDING THE CITY WITH ENGINEERING AND ENVIRONMENTAL SERVICES AND ASSIST IMPLEMENTING NATIONAL POLLUTANTS DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT REQUIREMENTS WHEREAS, the City desires to employ a contractor to continue providing the City with engineering and environmental services, and to assist implementing National Pollutant Discharge Elimination System ("NPDES") permit requirements; and WHEREAS, the City has determined that D-Max Engineering, Inc. is a professional engineering and environmental consulting firm, and is qualified by experience and ability to perform the services desired by the City, and D-Max Engineering, Inc. is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an agreement with D-Max Engineering, Inc. in the amount of $200,000 in order to continue providing the City with engineering and environmental services, and assist implementing National Pollutants Discharge Elimination System Permit requirements. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of September, 2006 Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. THIS AGREEMENT is entered into this 19th day of September, 2006, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and D-Max Engineering, Inc., (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide the City with the engineering and environmental services for implementing the National City's National pollutants Discharge Elimination System (NPDES) program, and Jurisdictional Urban Runoff Management Program (JURMP). WHEREAS, the CITY has determined that the CONTRACTOR is a Professional Engineering and Environmental consulting firm, and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project, The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a Revised April 2005 corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10 % from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Mr. Din Daneshfar hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRA- CTOR. Mr. Arsalan Dadkhah thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the Project Manager. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit"C". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be ui Treasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the 2 Revised April 2005 CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current 3 Revised April 2005 City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES. PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous 4 Anril 2005 places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, Toss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 5 Revised April 2005 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree- ment. employees. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party a3 ising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have ;end recover of and from the other party all costs and expenses of suit, including attorneys' fees. 6 Revised April 2005 For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 7 Revised April 2005 20. NOTICES. 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 or fax; 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, five (5) days (ten (10) 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 or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Arsalan Dadkhah Project Manager/Principal D-Max Engineering, Inc. 7220 Trade Street, Suite 119 San Diego, CA 92121 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it 8 Revised April 2005 has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely. manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. Exhibit A — Scope of Services Exhibit B — Cost Summary Exhibit C — Progrm Schedule F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, 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 9 Revised April 2005 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. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. 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 Agreement, (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 Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement 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 Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY D-MAX ENGINEERING, INC. (Corporation - signatures of two corporate officers)) (Partnership - one signature) (Sole proprietorship - one signature) By: By: �/ e4 ),441"w" " Nick Inzunza, Mayor (Name) APPROVED AS TO FORM: George H. Eiser, III City Attorney (Title) By: &/./.0..4 laafZe/ (Name) Sazile1-7 (Title) 10 Revised April 2005 D-Max Engineering, Inc. Consultants in Water & Environmental Sciences August 31, 2006 Din Daneshfar City of National City Engineering Department 1243 National City Boulevard National City, CA 91950 Dear Mr. Daneshfar: a - Please be advised that I serve as the President and the Secretary of D-MAx Engineering, Inc., a California corporation. I am legally authorized to sign documents on behalf of the company as the President and the Secretary. Sincerely, D-M,ox Engineering, Inc. Arsalan Dadkhah, Ph.D., P.E. President rri pro rr rrl rr' �7 7J rn c;ri r1 -v 7220 Trade Street ■ Suite 119 ■ San Diego, CA 92121 ■ (858) 586-6600 ■ Fax (858) 586-6644 AM taAliit EXHIBIT A SCOPE OF SERVICES The scope of services for this project will include but are not limited to the following tasks. Project Coordination. Provide all project coordination necessary to perform the work for the City's National Pollutant Discharge Elimination System (NPDES) program implementation. Project coordination will include monthly project status meetings with the City of National City and other related agencies for the duration of this contract. Also included in the program coordination are • Management of the program kick-off meeting and all necessary meetings with other concerned and involved agencies and community groups. • Management of all project -related meetings, including agenda and meeting minute preparation and distributions. • Assisting the City with coordination and correspondence with the RWQCB regarding National City's storm water program. Data Management and GIS. In order to facilitate annual reporting, and to manage the JURMP inspection program on a day-to-day basis, data must be tracked and stored in a reliable, easy -to -use manner. This includes data from the City's construction, industrial, commercial, and municipal programs. D-MAx has created three separate Microsoft Access databases for the City: one each for construction inspections, industrial/commercial inspections, and a variety of municipal activities. As the City Engineering Department has recently created a tracking database including information about a variety of permits, D-MAx will also work with the City to determine how that tracking database can best be integrated with the databases that D-MAx has created for the City. D-MAx will also assist the City in designing solutions for relating the data from various databases, including the use of geographic information systems (GIS). Additional tracking capabilities for the City's education and SUSMP programs may be added as well. The new Municipal Permit will likely require the development of a database to track location and maintenance of SUSMP treatment control BMPs. D-MAx will also regularly provide the City with copies of the databases it maintains. In addition to database management, D-MAx will also assist the City in analyzing business license listings to determine JURMP prioritizations for new industrial and commercial businesses in the City. Those businesses will then be flagged for inspection in accordance with the procedure listed in the JURMP. We will further assist the City in designing and implementing revised procedures for prioritizing facilities in the City, in Pcordance with new Municipal Permit guidelines for facility prioritization. Assist in Compliance Inspection Program. We will assist the City's compliance inspection team with the following services: • Conducting construction field inspections IN A MI SINIEW11!'aA • Conducting industrial and commercial field inspections • Conducting follow-up, complaint, or other special inspections • Data entry into databases for these inspections SUSMP Implementation and Document Preparation. We will assist the City in with implementation of the Standard Urban Storm Water Mitigation Plan (SUSMP) program as follows. Note that review of SUSMP and Storm Water Pollution Prevention Plan (SWPPP) documents are included under a different contract. • Assist with required revisions to the City's SUSMP Ordinance and related ordinances, including developing a SUSMP manual • Assist in complying with requirements of the SUSMP • Conduct coordination meetings with various City departments and assist in refinement of the SUSMP process • Review erosion and sediment control plans • Assist in selecting and implementing BMPs • Conduct educational presentations as required in Section 9 of the City's JURMP and/or the Municipal Permit • Prepare SUSMPs and construction SWPPPs for City Capital Improvement Projects Dry Weather Analytical Monitoring and Field Screening. This task will include conducting one round of field screening in accordance with the requirements of the RWQCB Municipal Permit. The objective of this program is to detect and eliminate illicit connections and illegal discharges (IC/IDs) in order to minimize the negative impacts of human activities on receiving water bodies. The City of National City has identified 15 primary monitoring stations where data will be collected during the dry weather analytical and field screening monitoring program. This task will include the following: Visual Observations: Visual observations include looking for evidence of dry weather flows such as staining, corrosion, sediment, surrounding vegetation, algae, mosquito larvae, insects, rodents and other animals in the vicinity of the outfall. . Field Analysis: At each site the flow and its temperature will be measured, and a sample will be taken for field analyses of the following parameters: • Specific conductance • Temperature • Turbidity • pH • Reactive Phosphorus • Nitrate Nitrogen • Ammonia Nitrogen • Surfactants (MBAS) 2 DM /Sib. Analytical Monitoring: Water samples from 25 percent of the sites where ponded or flowing water is observed, will be collected and submitted to a California Department of Health Services certified laboratory for analysis of the following constituents: • Total hardness • Surfactants (MBAS) • Oil and grease • Diazinon and Chlorpyrifos • Cadmium (Dissolved) • Copper (Dissolved) • Lead (Dissolved) • Zinc (Dissolved) • Enterococcus bacteria • Total Coliform bacteria • Fecal Coliform bacteria Preparation of a Summary Report: At the conclusion of the field screening program, a report will be prepared to summarize the observations and the results of the study. The report will include our interpretation of the field data and test results as to the possible presence of IC/IDs. Notes: If the dry weather monitoring program is conducted after the adoption of the new Municipal Permit, monitoring for trash will also be required. Additionally, it is possible that dissolved copper will be monitored during field screening, not analytical monitoring. Follow -Up Investigations. During the dry weather field screening program if field investigations do not reveal a specific source of contamination, or if the results of the laboratory analysis indicate presence of pollutants in excess of action levels, further investigation will be conducted which may include the following steps: • Tracing flows or discharges upstream • Conducting field screening sampling • Contacting dischargers • Sampling for laboratory analysis • Documenting source investigations At the conclusion of the follow-up investigations, a summary report will be prepared summarizing the findings, conclusions and recommendations. Note that if this program is conducted after the adoption of the new Municipal Permit, follow-up investigations based on laboratory analytical results will likely be required within two business days of receiving the lab results. That change is likely to result in additional costs due to invreased difficulty with coordinating field crew logistics on short notice. 3 I*L Preparation of JURMP Annual Report / NPDES Program Effectiveness Assessment. As a requirement of the Municipal Permit, the City must produce an annual report. to the RWQCB detailing the activities that have been conducted during the previous reporting period to reduce pollutants in urban runoff. The JURMP Annual Report serves to document the activities that the City has conducted during the past reporting period of July 1, 2003 through June 30, 2004. In order to prepare the required report we will conduct the following: Coordinate Information Transfer with City personnel Contacting several City departments to acquire information on the program implementation and special activities carried out through the year. We will have initial meetings with responsible personnel at each department to prepare a plan for receiving information regarding the implementation of the City's JURMP. We will stay in contact with the City's departments thereafter. Pertinent information will be acquired under this task to be used in the report. Prepare Annual JURMP Report This task includes the preparation of the Annual JURMP Report in accordance with the Municipal Permit Section I. This includes addressing the following: • Comprehensive Description of Activities Land -Use Planning Construction Existing Development Education Illicit Discharge Detection and Elimination Public Participation Assessment of JURMP Effectiveness Fiscal Analysis • Documentation/Accounting of Activities Illicit Discharges Report Inspections Conducted Enforcement Actions Education Efforts • Public Participation Mechanism • JURMP Revisions • Special Investigations • Fiscal Analysis • Ineffective Management Measures • Identification of Water Quality Improvements • Assessment of Program Effectiveness. o The County of San Diego in association with assessment work group has developed some methodologies for assessing the effectiveness of the storm water program. These methodologies require gathering 4 !!A and presenting all the information of the Copermittee's activities including BMPs and identifying expected effects on the storm water pollution prevention. We will assist the City to evaluate the effectiveness of the City's program in accordance with the County and work group proposed methodologies. Document Revisions for New Permit Requirements. The new Municipal Permit will require revisions to the City's JURMP. D-MAx will assist the City with identifying which areas of the JURMP need revision and developing new programs or revising existing programs to meet the new requirements. This process will require considerable coordination and discussion with City staff to ensure that program modifications are as practical, efficient, and effective as possible. We will also assist the City with making required revisions to the SUSMP Ordinance and related City codes necessitated by the reissuance of the Municipal Permit. The new Municipal Permit will likely also require significant revisions to the WURMP document, including development of new watershed strategies. We will assist the City by working with the other watershed Copermittees to select and develop watershed activities that will meet the new Municipal Permit requirements. We will also help the City integrate overall, watershed wide approaches into the City's existing programs. Training and Education. D-Max will conduct educational workshops at the City's request to target audiences identified in Section 9 of the JURMP document. Educational content will cover a variety of topics related to storm water quality and watershed concepts listed in Section 9.2 of the JURMP and be tailored to each specific audience. Suggested workshops and target audiences include the following: Planning and Public Works/Engineering Departments The goal of this workshop will be to inform the Planning and Engineering Departments of general concepts listed in Section 9.2 and to address new Permit requirements relevant to each department. The Permit requires changes in land -use planning and engineering aspects of new development and redevelopment projects within the City, including the implementation of the City's SUSMP. The workshop will be targeted towards public works employees and will also cover the general concepts of Section 9.2, and further address changes in public works operations required by the Municipal Permit. Such changes include construction site management requirements and implementation and maintenance of best management practices. Construction Inspectors The educational workshop for construction inspectors will include general concepts listed in Section 9.2 and additionally cover such topics as BMP implementation and maintenance, good housekeeping measures, site inspections and inspection frequency. School Students We will assist the City in providing training workshops for school students. The topics for these workshops include the source of pollutants, the impact 5 1111RIVI IN /MI AO Wet IMbi'lLt116 of pollutants on the receiving water bodies and BMPs to prevent the pollutions. Educational Materials We will assist the City in developing educational materials such as pamphlets, calendars, articles for newsletter or websites, or fact sheets. These materials may to be targeted at the development community, City residents, industrial and commercial businesses, City staff, or other audiences. The new Municipal Permit is anticipated to require additional education related to watershed concepts and watershed pollutants of concern. Watershed Urban Runoff Management Program. City of National City is located within the San Diego Bay watershed. The Municipal Permit requires each Copermittee to collaborate with other Copermittees within its watershed to identify and mitigate the highest priority water quality issues/pollutants in the watershed. D-MAx will coordinate with the watershed Copermittees on behalf of the City of National City and fulfill the group requirements per the City instructions. In each of the last three years, we have assisted the City by helping write the San Diego Bay WURMP Annual Reports, and the City has been listed as among the primary authors of those annual reports. Representing the City in Various Meetings. D-MAx will represent the City of National City in various meetings including those with other Copermittees, the Regional Board, and/or Regional Workgroups. Other Storm Water Services. It has been our experience with other local municipalities and with the City of National City that storm water related situations arise from time to time that require immediate or expert action. For example, additional services related to the Paleta Creek/7th Street Channel TMDL, which is currently under development, may be required. D-MAx will be pleased to provide any other as -needed, on -call services to the City of National City that have not been identified above. 6 A ALAI EXHIBIT B COST SUMMARY & FEE SCHEDULE We propose to complete the aforementioned services on a time and materials basis (not to exceed $200,000 total) in accordance with the attached schedule of fees. Our estimated costs are listed below Task Description Estimated Cost Project Coordination $15,000 Data Management and GIS $18,000 Assist in Compliance Inspection Program $20,000 SUSMP Implementation and Document Preparation $15,000 Dry Weather Analytical Monitoring and Field Screening $15,000 Follow -Up Investigations $8,000 Preparation of JURMP Annual Report / NPDES Program Effectiveness Assessment $20,000 Document Revisions for New Permit Requirements $25,000 Training and Education $25,000 Watershed Urban Runoff Management Programs $15,000 Representing The City in Various Meeting $6,000 Other Storm Water Services $18,000 TOTAL $200,000 SCHEDULE OF FEES January 1, 2006 This Schedule of Fees will be adjusted periodically. The new fee schedule will apply to all existing and new work. LABOR Classification Hourly Rate Clerk* Word Processor* Drafter* Technician* Senior Technician* Staff Scientist/Engineer Assitant Project Scientist/Engineer Project Scientist/Engineer Senior Scientist/Engineer Principal Scientist/Engineer $ 45 55 60 55 70 85 95 105 115 130 * Overtime (in excess of 8 hours per day) and weekend hours will be charged at 1.5 times the above rates for non-exempt personnel. Field and hourly services will be charged portal to portal from our office, with a two- hour minimum. Appearance as expert witnesses at court trials, mediation, arbitration hearings and depositions will be charged at $200/hour. Time spent preparing for such appearances will be charged at the above standard hourly rates. OTHER CHARGES Subcontracted services, such as subconsultants, outside testing, drilling, and surveyors, will be charged at cost plus 15%. Other project -specific costs, such as rentals, expendable or special supplies, special project insurance, permits and licenses, shipping, subsistence, tolls and parking, outside copying/printing, etc., will be charged at cost plus 15%. Client will be responsible for any applicable taxes in addition to the fees due for Services. The mileage charge for personal vehicles used on projects will be the current rate as established by the Internal Revenue Service. Company -owned vehicles will be charged at a rate of $0.52 per mile. EXHIBIT C PROJECT SCHEDULE Tasks SEP 2006 OCT 2006 NOV 2006 DEC 2006 JAN 2007 FEB 2007 MAR 2007 APR 2007 MAY 2007 JUN 2007 JUL 2007 AUG 2007 Project Coordination Data Management 1 Assist in Compliance Inspection Program Dry Weather Analytical Monitoring and Field Screening Follow -Up Investigations Preparation of JURMP Annual Report l NPDES Program Fffectiveness Assessment Document Revisions for New Permit Requirements ' 'raining and Education Watershed Urban Runoff Management Programs Representing the City in Various Meetings Cider Storm Water Services City of National City, California COUNCIL AGENDA STATEMENT diEETING DATE September 19, 2006 6 AGENDA ITEM NO. (ITEM TITLE Resolution of the City Council of the City of National City to approve, accept, and record Cypress Glen Condominiums Subdivision map located on Cypress North of Sweetwater Road (S- 2004-13) PREPARED BY Adam Landa EXPLANATION DEPARTMENT Engineering EXT. 4394 Jackson Pendo Development Company, the owner of the Cypress Glen Condominiums Subdivision, has submitted a final map for the property located on Cypress Avenue for the City Council's approval, acceptance, and filing with the County Recorder. The final map consists of 39 residential condominium units. The Planning Commission, on January 10, 2006, has reviewed and approved the tentative map. The City Council approved the tentative map by Resolution No. 2005-20 on February 1, 2005. The Engineering and Planning Department have also approved the final map. There are no street dedications on this map. CEnvironmental Review x N/A (-Financial Statement N/A >STAFF RECOMMENDATION MIS Approval Approved By: Finance Director Account No. Adopt the Resolution BOARD / COMMISSION RECOMME ATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Subdivision Map Resolution No. glen A-200 (Rev. 7/03) . CYPRESS (ALEN, IN THE CITY OF NATIONAL CITY FOR CONDOMINIUM PURPOSES BEING A SUBDIVISION OF: A PORTICN CF QUARTER SECTION 109 OF RA CAD DE LA NACION, IN THE MINTY CF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THETECF OF SAID RANC}D MADE BY MORILL, P. 166, CH FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. THIS IS A MAP OF A CONDO/BARDPROJECT AS DEFINED IN SECTION 1350 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA AND IS FILED PURSUANT TO THE SUBDIVISIOV MAP ACT. SUBDIVISION GUARANTEE FOR THIS SBDIVISION FURNISHED BY LAWYERS TITLE COMPANY ORDER NO. 136920158-54 DATED NATIONAL CITY MAP NO. S-2004-13, CASE FILE NO. S-2004-13 AND IS-2004-10, APPROVED BY CITY COUNCIL RESOLUTION NO. 2005-20. SOILS REPORT PREPARED BY PACIFIC SOILS ENGINEERING. INC, AS WORK ORDER 401090, DATED FEBRIURY 24, 2006. STATE CF CALIFORNIA COUNTY OF, S.S. UN ON BEFORE iE PERSONALLY APPEARED PERSONALLY KNOWN To LE (CR PROVED TO ME ON TEE BASIS. OF SATISFACTORY EV1CONCE) TO BE THE PERSONS) WHOSE NAMES) IS/ARE SUBSCRIBED TO T!£ WITHIN INSTRUMENT AND AOQAILECCED TO HE THAT (HE/SHE/THEY) EXEUJTED THE SAW IN (HIS/HER/T}EIR) AUDORIZED CAPACITIES, AND THAT BY (HIS/HER/THEIR) SIGNATURES (S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY LPON BEHALF OF WHICI THE PERSCN(s) ACTED. EJE(IJTED THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL SIGNATURE PRINT NAME NOTARY PUBLIC IN AND FCR SAID COUNTY AND STATE PRINCIPAL PLACE OF BUSINESS IS MINTY CF SAN DIE60 uY CONISSION EXPIRES STATE (F CALIFORNIA COUNTY OF S.S. ON BEFORE M_, PERSONALLY APPEARED PERSONALLY IOD!N TO ME (OR PROVED TO M= ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND AOONALED6m TO NE THAT (HE/SHE/THEY) EX WTED THE SAME IN (HIS/HER/THEIR) AUTHORIZED CAPACITIES. AND THAT BY (HIS/HER/THEIR) SIGNATURES (S) ON THE INSTRUMENT THE PERSO6(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(s) ACTED. EXECUTED THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL SIGNATURE PRINT NAME NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE PRINCIPAL PLACE CF BUSINESS I5 COUNTY OF SAN DIEGO NY -"MISSION EXPIRES COUNTY TREASURERS CEF(TFICATE STATE OF CALIFORNIA COURT OF ON ORE PERSONALLY APPEAL NE, TIE BASIS OF SATISFACTORY MOWN TO Y EVIDENCE) TO BE (OR PROVED TO LE PORSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AHD AQ NOILED6m TO ME THAT (l /SE/THEY) EXECUTED THE SANE IN (HIS/HER/TFEIR) AUTHORIZED CAPACIe•N (S), OOS/E CITY SHPW BEHALF(OF WWHHICH THE PERSONS) ACTED, DOMED THE IISTRIAENT. WITNESS NY HARD AN OFFICIAL SEAL SICNAILRE PRINT NAME NOTARY PUILIC IN AND FOR SAID COUNTY AND STATE PRINCIPAL RACE OF BUSINESS IS COUNTY DF SAN DIEGO MY COMMISSION EXPIRE STATE CF CALIFORNIA COUNTY OF ON EEFNE ME PERSONALLY APPEARED *OWN TO O ME CN RE BASIS OF SATISFACTORY EVIDENCE) TO TO BE (OR PROVED TPEASON(S) WHOSE ►(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRtAe4T MO AQONWI.EDffp TO HE THAT CAPACITIES, MD THAT ) EXECUTED (HHIIS/HER/T}EIR) SIGNA1I,1iE.S (5) DN AUTHORIZED THE SAE IN (HIS/HER/THEIR) INSTRUMENT THE PQRSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE FE7RSSON(S) ACTED, DEOITED Tit INSTRUMENT. WITNESS MY HMO AND OFFICIAL SEAL SI6NAl1AE PRINT NUE NOTARY PUBLIC IN AND FOR SAID COUNTY AND STALE PRINCIPAL PLACE BUSINESS I5 COUNTY CF SAN DIEGO MY COINISSIDN �€ MAP NO SHEET 1 OF 5 SHEETS SURVEYOR'S STATEMENT I, 6. HOHARD DYE, A LICENSED LAND SURVEYOR, OF THE STI CALIFORNIA. HEREBY CERTIFY THAT THIS MAP WAS PREPARED MY DIRECTION AND IS BASED UPON A FIELD SURVEY 1N CONE( REQUIREMENTS OF TI-E SUBDIVISION MAP ACT AND LOCAL ORD1 REQUEST OF CYPRESS GLEN. LL.C. A CALIFORNIA LIMITED LII IN MAY. 2005. AND ALL MONUMENTS ARE OF THE CHARACTER POSITIONS SHOWN HEREON, AND I WILL SET ALL OTHER MOM CHARACTER AND AT THE POSITIO6 INDICATED BY. 11F I.r WITHIN 30 WAYS AFTER COMPLETION OF THE REQUIRED IMPRO1 ALL SUCH NONU,ENTS ARE OR WILL BE SUFFICIENT TO ENABLE TO EE RETRACED (SEE LEGEND ON SHEET ND. 2). 1 HEREBY STATE THAT THIS MAP SUBSTANTIALLY COHFORNIS TC OR CONDITIONALLY APPROVED TENTATIVE MAP. IF ANY. 6. L.S. 4068 MY REGISTRATION EXPIRES 6-30-08 CRY ENGINEER'S STATEMENT I HEREBY STATE THAT THIS MAP WAS EXAMINED BY IA DIRECT SPERVISION. THAT TIE SUBDIVISION IS TIE SAME AS IT APPEARED ON TIE TENTATIVE MAP AND ALTERATIONS THEREOF. THAT ALL RE PROVIS. SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA. AND OF ANY LOCAL ORDINANCE OF SAID CITY APPLI( TIME OF THE APPROVAL OF THE TENTATIVE MAP HAVE 1 WITH, AND THAT I AM SATISFIED THAT SAID MAP 1' CORRECT. TIARAS A. JUNES - H-01 LI IY EN6!It6 L.S. 6622. EXPIRES 12-31-07 DATE TAX DEPOSIT CERTIFICATE 1. THOMAS J. PASTUSZ A. Q J ( OF TPE BOARD OF 9.PERV1 SAN DIEGO COUNTY. HEREBY CERTIFY THAT THE PIWNVISIaS C SUBDIVISION MAP ACT (DIVISION 2 OF TITLE 7 OF IRE COME THE STATE DF CALIFORNIA) REGARDING (A) MOWS FAIR t RTIF TI04 CF TFE,A ?LS PC:* 1¢ YIIICIP :oe toeai. dFt.S • burr THOSE MQT YET PAYABLE, 1140mAS .1. Awn iota 11 WW re Te duo" A' invig .,rw S\SIFP Opran Gbn\U'M. \PIYS.Oy (GI) CYPRESS .2o' 2 N17'4T57" 71 7'57" 95.00 STREET 00.0o• _I —4-- 107'47'57•W 100.77' t 2V122228G^+PB26 :1'm uuu� ,2V-1 w$gWA 1'280$ p 33.28'34• M 63.22'26' Ro±W_{ OltitAlStE�>CCa 18� WNxx JNODU :9 q!c tIN m8 410 �G56.61 cw.iimuUowtg e8888SS888$88888 6 Nw1SON�q y pp m,t4 wJp.pv �{ v Vq r ] N26.07'2 E J N63.20'O6'M zzg ririsrri nisi s In s 22l ri of m ri YY ri s 3Z In s ZZy PI ri >p>p s PIlri zqj ' 4 111111111111111111f111111 I. .tarogre qq N0�01o8f4J- pp� �4 + v 3gYWS6Y]SAJdq{Nw+qNT, 1 LI6 \- — — "— — \!� NOj. 5 \ ` f �R�T , N� fU ,i_N19'4534"W 151 to, .,21 10 le II 1II� Im IN2z7'22a•w ia)- 1 1 11 1 I 15 GI1 I 1 11 NII-•i- 1 1r is LLzi_I i ©LS 11222313..4_W (R)_.�. -I-m Ilc> I� I" I 14192,126"W (R) 1 N19'51.26•WJR, 17'61'37"W (R) N18'51'20"W (R) JN17'47'57'W 5000' CA pp-0 Yo0 C y o wee9 D N r1 y ys' �n � ,A 4 -zia \ N19-51'26"W (R) 1 1� I / i n 4/`\ N`pb� I U 94 (ye 9v o \4 y \i h i CAV u0 F7 VI N17.47'srw 56213' MAP NO. ry22"30' 24_904 Nv'4TS.' 212 _3_, 2NiR)--a o5 h E'LY LINE 00 dd4 A dd5 (PETIPEMDICIIM) N17'47'57•W 582.13' E'LT LINE OF dd6 M dd7 (PARA/111) o� N17'47'S7' SEE s-E3=-T 5 FOR PROPOSED PRIVATE ROAD, ACCESS 010 UTILITIES EAeR 3.79' \ 0 7' 47'57' 95.00' N17.47'S7'11 100.00' CYPRESS WATER EASEMENT DATA O DELTA/BRG RADIUS LENGTH I N 17.4757. W - 6227 2 N 2115030 E - 33.85' 3 N 62.4011' W - 3039' 4 N 17.48'II' W - 1.75' 5 N 17148'II' W - 3143' 6 N 17.48'11. W 7 N 17-481P W - p9O0' 8 N 17.4811' W - 10456 9 N 17-4811' W - 6844' 10 N 62.481I' W - 1253' II N 70'08'34' E - 8674' 1 STREET WATER EASEMENT DATA Q DELTA/SRC RADIUS LENGTH 12 N 70.08'34' E - 1339' 13 D- 0238'58' 510.00' 2358' 14 N 6T29'36. E - 7322 E D- 0238'58' 490.00' 2266 16 N 70.08'34' E - 34.80' 17 N 7211'44 E - 15.00' 18 N 7211'44 E - 30.00 19 N 7211'44 E - 15.00 20 N 7211,14 E - 15.00' 9 N 721T44 E - 15.00 22 N 19'032b' W - 15.00 IN17'48'11-9 SHEET 4 OF 5 SHEETS EASEMENT DATA: O 6' UTILITY EASDENT TO SAN DIEGO G. AND ELECTRIC OCIPANY. BOM'1501, PAGE 27B 14 DEEDS. RECORDED JILY 16, 1929. 20ROAD E441FNT TO MRHR M. IRMEL. ET AL, BOOK 1527. PAGE 366 O.R_. RECORDED OILY 29. 1943. © 15' UTILITY EASEMENT TO CALIFORNIA WATER COMPANY. BOOK 1451, PAGE 408 O.R., RECORDED FEERUARY I. 1943. 4O 20' ROAD EA6flENT TO THE 00*340Y OF SAN DIEGO, BOO( 2360, PAGE 15 O.R., RECORDED FEBRUARY 26, 1947. © UTILITY EASEMENT TO SAN DIEGO GAS AD ELECTRIC COMPMIT. BOO( 2597, PAGE 89 O.R., REFOR[ED CEO-MBER 30, 1947. (IA0IGCLasED t101R) © INTENNONALLY OMITTED O 12' UTILITY EASEIENT TO SAN DIEGO GAS AND ELECTRIC COPES', DOCK 7721. PAGE 436 O.R.. RECORDED JJE 17, 11159. ® UTILITY EAEEIENT TO SAN DIEGO GAS A0 ELECTRIC CO PANY. BOOK 5503, PAGE 1 D.R.. TECOmEED JAAJARY 20. 1955. (UOI90.OSED WIDTH) 0 2' UTILITY EA98ENT TO SW DIEGO C050.1OATED GAS MO ELECTRIC COPANY. BOOK 1433, PAGE 360 DF DEEDS, RECCFCED MARCH 5. 1926. INTENTIONALLY °A1TTED © 20' ROAD EASEMENT TO T6E CDI2J1Y OF SAN DIEGO, BOCK 2333, PAGE 494 O.R.. REC08ED FEBRUARY 28, 1947. ® UTILITY EA6FJ04T TO SAN DIEGO GAS AO p.Ey1RIG C0411114Y. BOOK 2593, PAGE 363 O.R., FECOTCED OECEMBER 26, 1947. (UNDISCLOSED WIDTH) ® IMFNT10N1LLY OMITTED 0 5' UTILITY EAMENI TO SAN DIEGO 6A5 AD ELECTRIC NU'ANY. MCC 7721, PAGE 358 O.R., RECORDED ..ARE 17, 1959_ ® 20' UTILITY EASEMENT TO SWEETWATER AUUv1ITY RATER DISTRICT. DOOWENT NO. 2006-0136619 O.R. D FEBRUARY 28. 2006. 40 60 120 GRAPHIC SCALE Snipes -Dye associates dHl englnesrs and land surveyors 6348 CENTER OWE STE. G. LA MESA, CA 91942 111196046 (619) 697-9234 FAA (619) 160-2DJ3 CALIF. 0000. INDEX 178-1743 TM 2004-13 A CCR, 1. 1/4 gD, 32ND STREET (340.91' Ra095. 13488) R_0.5. 13468;� SEE DETAIL 'G MA? I?JJ DIFFERENCE DET4EEN dal k dd2 1.48 Faro 3/4' IRON PIPE WITH DISC STAMPED 'SD CO ENG' PER 13/40 k R.0_c. 13488 N72'12'03TE 25.00'zm 3/4" IRON PIPE WITH DISC. ILLEGIBLE. ACCEPTED AS S11D6N R4 R.0.S. 13740 SEE DETAIL Ira.° 3/4' IRON PIPE, °PEN, PER R.O.S. 13486, REPLACED PER LEGEND (N 18'27'00' W 13.03' dd2) (13.03') 13.03' ('.R. .18 Snipes -Dye associates civil engineers and ia,W surveywc 8348 CENTER DRIVE. 51E G LA MESA CA 91G42 TELEPHONE (619) 68"/-9i34 FA% (918) 464-1903 5 67'27'50' W 140.36' dd2 67'27'50' E 140.36') 1468'03'S2"E 140.37'� 120.31'(120.31') 20.46' (20.05' CALc) Nw CAR. ce dd5 MAP NO. N72'OC,S6'£ 1327,36' (N72'01'04'E 1327.26' 0AI.0 N.S. P3) - _ -803,40' (803.80' dal, dd2 E d03) 492.89' (442.67 5EE DETAIL 'H' FOUNT 3/4' IRON PIPE WITH CONCRETE, NO TAG, ACCEPTED AS Sh8NN U1 H.0.5. 13486 120.00 0,0C' (140.00 dd1) N70"20'03E 120.00' 20,00' FLUE 3/4" IRON PIPE 8890 015C sTAIPED "L5 3549' PER R.0.5. 13480, REPLACED PER LEGEND 120.00' N70"20'03'E (120.00' dd1) 8 0'20'03'E 443.09' 521.5�8 9� I L11E PARN I F1 TO W'LY LIE OF 1/4 SEA. 109 -1I I PER dd0 6 dd7 NE CDR. N17'47'57"w W' (50.00' ad1) FOLAJD 3/4' IRON PIPE WITH DISC STAMPED 'LS 3540', ND RECORD, REPLACED PER LEGEND FOND 1/2' REBAR, RECORD 8i 8 --SEE DETAIL 'F' ,.-5'LY LINE OF dd N'LT LINE OF dd2 WE DETAIL "I" 11C.12 N70'20'03' FOUNO 3/4" IRON PIPE. BENT, NO TAG, ACCEPTED AS SHOWN /GN R.O.S. 2167, B.D.S. 13486 A R.0.5. 13740 2 LOT 1 -U1O CONCRETE gpF �NONA9ENT, NO ^ RECORD gz o "SEE DETAIL "E' 120.09'� 90.. CET' '�r SEE AIL'0 ag POMO 3/4" IRON O PIPE, OPEN, ACCEPTED ,$o /AS SHOWN ON R.O.S. 13488 (.0m=�aa aan._, - SL _: } ^Q ',.---SEE DETAIL "C- 4% 8."-^ 0 m== as - - C"- ,_ .___ ,�Sa DETAIL 'B' n FC(ND 3/4' IRON PIPE WITH CONCRETE AND TACK, TAG ILLEGIBLE. ACCEPTED A S.E. CDR. OF SANDERS DEED (SEE NOTE 2). REPLACED PER LEGEND FOUND RUSTED 3/4' !RCN PIPE, OPEN, ACCEPTED AS SHOWN ON R,0.5. 2167, REPLACED PER LEGEND 423.98' 444.04' (443.94') N66'03'52'E 446.37' (N07'27'50"E 446.45') N'LY LIE OF dd5 E'LY LI'E OF EE4 RA 1/4. 1/4 SEC.109 444.04 2.33 N68.03'52'E 446.37 FUIw0 3/4" IRON PIPE WITH OOEILRETE MO TACK. TAG ILLEGIN.E. ACCB1ED A5 S.E. DOR. OF SNEERS DEED (SEE NOTE 2), REPLACED PER LEGE40 N44'55'57'E SHOT 3 OF 5. . S N18.58'OS'Wm Z 0.26' _ m - DART E3) (� 110 I ''UL1E pERFEWIC(LAR TO N'LY LINE OF SEC. 109 PER dd4 k d45 DETAIL 'A' NJ SCALE DETAIL'D' NO SCALE N11.58'48'w ��f1 FOUND 3/4' IRON PIPE 0.79' FOIAD 1/2' REBAR NO RUM N22'00 53 II SEE DETAIL 'A' II WITH DISC STA4FED 8 LS 3549' PER R.O.S. N70"20 fEPLACEO PER _ 1MEND DETAL NO SCALE EOM) 3/4' IRON PIPE. GEM, NO TAG, ACCEPTED A5 SHOWN ON R.D.S. 2167, R.0,5. 13488 A R.0.5. 13740 -120.09' DETAIL NO SCALE NOTES 0 Ia DETAIL 'B' No CJi F FOL40 WNCRE(E IA RAF3.T, NO RECORD N42'16'15'W DETAL'E' NC SCALE FOND 3/4" IRON PIPE WITH C0* 1E, ND TAG. ACCEPTED AS SHAM EN R.O.s. 134W "E 144.00' 120.00' N11'39'49'E DETAL "0 10 SCALE 120.00 S DETAIL NO SCALE FNrO 3/4' IRON / 'PIPE, OP0N, ACCEPTED AS si f 6 13488 N12.25.30'W / ( 1. FOR TIE PINPOS6 OF THIS SLAYEY TEE 90AAFNJITD CIE 65 CYPRESS ST, AS SHIN4 4ERE011 15 AGCLP1ED AS 1E LCCATION OF A LIRE THAT IS PARALLEL WITH AND 361' MEASURED AT RIGHT AN9LE5 PRQN TIE ESIFf0Y LIKE OF 1/4 SEC, 109. 2. P4210 3/4" IRON PIPE WITH D]l0NE1E PAL TACK. TAG ILLEGIBLE. ACCEPTED AS HE E CDR, OF d06 AW ddl. PER 41d6 AND dd7 SAID CDR. 15 ON A LINE PARALLEL WIT/4 1E 'FLY L1E OF 1/4 SC. 109. 3. NOTHING TOTED FOR TIE E CDR. OF dd4 k d,5. PER dd4 E dO5 DEED SAID CW. 15 ON A LIE FFAPD01CILM 10 1E NYY LIM CF 1/4 SEC. 109. 50 DETAIL 'J' D $ULE 50 1OD 150 CALIF. COW➢. INDEX 17B-1743 lRAA41C SCN.E TM 2004-13 Z ?n 55gg PAbghgi eT10:14 it eLgigiar Niglf �' al J Z n r t R. G� . Q z ;b b a � LLG 1"rr% W�b� =g:4 a=E44 co v, � 6s g h hb E bba �Naa b 4 Ugbh=:0 l'f p WO x b� 2a6 bN aab At t aM _gig M b as S$ N i pF r F N PPP- y 1 ailg l 1 g=QQx 'fit p104 roVn gNPO NO Roibt d its gN t wa\.�xa\ion =.=,✓<s ,p vox\s3Jwsbs MAP NO PROCEDURE OF SURVEY DATA. Ot - 8=.'34' 36" 1. =R3.5n' (6=09'3'33" L=53.56' R.O.S. 15704 k R.O.S. 13488) 0- 3=34'29'44" 1=301.03' (6-34'29'14' 1.5000.96' 5.0,5. 15704 k 6.0.5. 13408) 0- 3=0'04' 22' R=500.00 L=384.61' (6=44"03'47' L=394.52' R.O.S. 15704 k R.O.S. 134E8) ;ay.,. • I =38'4.55' R.0.5. 2167 k 4.S. 773) C)- 360.91' (361.00) (361.00' MA 2233 k R.S. 809) (N 72'00'33' E 360.91' R.O.S. 13488) FOUND 3/4' IRON PIPE STAMPED 'LS 2675" PER M 773, R.0.S. 13488, R.O.S. 13740, k ACCEPTED AS INTERSECTION R.O.S. 15704. ACC'D AS REPLACEAENT FOR OF N'LY LIME DF 1/4 GRANITE NON. AT N/W CCR. OF 1/4 SEC. 109 SEC. 109 k E'LY LINE OF PER MAP 109, 4AP 2233, R.I.S. 2167 k N'l.Y 361. OF 1/4 SEC N.S. 873 1 1 9, MEASURED AT RIGHT N W_ COr9_ 1/4 SEC. 10�� )(32ND STREET)/ (20.00' 13-0.5 e) 20 Y'LT LINE 1/4 511 SEC. 109 1 91' (340.91' R.0.5 803.8 88 I I p I < < _ - _ 20' w JAldAP 122' 2,• N 0'20'03'E 120.00' O ZC' `g N70'20'03'E 6 6 1�110.12' are w U STATION 'R0514492 PT 208' FOOD LEAD AND TACK 1N CONCRETE WALK, NO TAG. LOCATE` AT HE S.E. CODER OF EEO DRIVE AND 161H STREET. / W1827656.76 E76310034.70 / 1Y EL=217.85' BOO 6y1pf1g �A9/ Eti dam% 49 4;/t1E.41 y(N 72'01▪ '04' E 1327.28' CALL Y.S. 773) (803.80' 8,4 , 862 1' �m 56'E 327.38' 442.89(442.6-)- - - D'20'03'E 140.00' T C.R. 13.03' 1818 3- (64 +fv/ b pryry 2 NI 08 35"E o` O 90.1E' 0• ACCT. AS INIERSECTIDN OG CENT 6L1E OF N.S. 773 C. LIE') k E'LY LIME Ri W'LT 361' OF 1/4 SEC. 109, AEASl8E0 AT RIGHT ANGLES o M -n , z 1'02'E 140.537' N.W. 1/4, 1/4 'SEC. 1., LY LINE 1/4 SEC. 1W 523.5B `Jf ', SEC. 1109 MAP 155 - - - - - J - - N 67 16'46 E 96-8168 - -- - 9682.81' 1010 F010 1' IRON PIPE STAMPED 'DIV. HWY.' PER R.O.S. 13188 k Y.S. 773 100 0 GRARH1C SCALE 200 SHIFT 2 OF 5 SHtt l b LEC0ND O - Do'CIES SET 2' A 24' IRON PIPE TARN BRASS DISC STAMPED 'LS 4068' ULESS OTHERWISE NOTED RSMIND M-10 R.O.S.S. 13488. R.O.S.R.O..55. 13740 kk R.O.S.R.0.5. 15704, ESS 9666 DTIERII ACTED. CZ"- CODTES FDLW 3/4' IRON PIPE WITH DISC STAMPED 'LS 2412' PER R.0.5. 2167. _ . LEAD • AD DISC IN CENTER. ACCEPTED AS AS ME CDR. OF PM 1/44 OF 1/4 SECC.10 . PER u4P 166, MAW 1763, IMP 22233, Y.S. 773, R.O.S. 13486 6 R.O.S. 15704. ♦ - DENOTES FOUR MOMENT AS NOTED HEREON. ( )- DENOTES REGG07 DATA PER R.O.S. 2167. U165 OTHERWISE NOTED. dd1- DENOTES RECORD DATA PER DEED PECCROE0 APR1L 20. 2004 AS 00C. W2004-03433833. O.R. ad2- DENOTES RECORD DATA PER DEED (ECOROED A1IGST 25, 20D4 AS DOD. /2004-0809701, D.R. dd3- COMES RELYMA DATA PER DEED BEWRDE0 ALIG ST 25, 2004 AS DX. 12004-0809702, O.R. da4- OETPTES RECORD DATA FFR D® RECORDED WY 5. 1891 IN DEED BC0I' 179/79, O.R. ad6- MOTES RECORD DATA PER DEED REODRCED JIVE 13, 1906 1N DEED BOG( 387/383. O.R. dd6- DENOTES REM%)AmDEEDTA PER DERECORDED OCTOBER 2, 1934 IN 0 BOCK ES5/300. adl- DENOTES RECORD DATA PER DEED RECORDED BECOW£R 14, 1927 IN DEED BOO( 1718/243. O.R. BASIS OF RE BASIS 9F 6AR1WS FOR THIS SURVEY IS THE NA083, Z0E 6. GRID BEARING ff11FF14 STATION-R0614492 PT. 181' A10 STATION RoS14492 PT. 208'. (B0114 HAVING A CALIFORNIA C90AINATE VALUE OF FIRST CRDOR ACCURACY OR BETTER). SAID STATICIL0 ME PUBLISH. IN THE SW DIEGO (PUNT' HRICHT/11 ONTROL BOOK. I.E. N 86'00'47' 1 09»1ED BEARINGS ROB RE5ETE110E IMPS OR DEEDS 0947 E MAY NOT E IN 'MOWS OF SAID S6I014. TAE C0616IAAGRID FACTOR AT STATION NIIS 1.00001390 NCE = DISTANCE 2 CONBIIEDGRID FACTOR. TRID 4PNVERGFHIE ANGLE AT STATION 'R0914492 PT. 2®' _ -00'26'57.73' MAJ SCALE 5167I04 '86514497 PT 181' FOLIO) 2.25' CAL5RAS BRASS DISC STAMPED 54 4.2 1888'. LOCATED AT TIE TOP OF CUT RAN( SOUTH SIDE OF SOUTH BAY PARKWAY NV 54 51 OF MOWN DRIVE. 300 N=1824505.80 EB317565.76 EL 5.67' Snipes -Dye &maculate. U 4I en9in4!a5 and lane surveyors 8316 09)1FR OPEC SHE. G. U NESA, CA 81912 1ELE39DRE (619) 597-9234 FAX (619)® -203.' CALIF. COORD. INDEX 176-1743 •MMM! MA NO 906 F TM 2004-13 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 19, 2005 AGENDA ITEM NO. 7 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT qF INTEREST CODE, AND RESCINDING RESOLUTION NO. 2004-168 PREPARED BY George H. Eiser, III p (Ext. 4221) EXPLANATION DEPARTMENT City Attorney Please see attached memorandum. Environmental Review ✓ N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Proposed resolution A-200 (9/99) TO: FROM: SUBJECT: City of National City Office of the City Attorney 1243 National City Boulevard., National City, George H. Eiser, III • City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: Mayor and City Council City Attorney Proposed Amendment of Conflict of Interest Code CA 91950-4301 (619) 336-1615 DATE: August 31, 2006 The Political Reform Act (the "Act") requires various city officials to file annual statements of economic interests. Those required to file statements may be divided into two groups — those required to file under Government Code Section 87200 (mayors, council members, planning commissioners, city managers, city attorneys, and those who manage public investments), and those required to file under Government Code Section 87300. The reporting requirements of the Section 87200 filers are established by state law. The reporting requirements of the Section 87300 filers are established by conflict of interest codes adopted by each city. Additionally, those individuals who must file a statement under the conflict of interest code is prescribed by such code. The criteria for determining whether an officer, employee, board member or commissioner should file a statement of economic interests under a conflict of interest code are set forth in Section 18700 of Title 2 of the California Code of Regulations, and in Section 82019 of the Government Code. Essentially, if an individual's duties involve making or participation in the making of governmental decisions that may have a material effect upon a financial interest of that individual, then the individual is subject to the reporting requirement. Section 87306.5 of the Act requires that no later than October 1 of each even -numbered year, the code reviewing body (the City Council is the "code reviewing body" for all agencies in the city, including the CDC) shall cause a review of its conflict of interest code to occur, and for the code to be amended if necessitated by changed circumstances. The City Council last amended the City's Conflict of Interest Code on September 21, 2004, pursuant to Resolution No. 2004-168. At the present time, it is my recommendation that the Code be amended to reflect changes in various designated positions in the City and CDC Staff, as follows: CITY Assistant Civil Engineer Associate Civil Engineer Residential Building Inspector Commercial Building Inspector Street Maintenance Supervisor Sewer Maintenance Supervisor Added Added Added Added Added Added ® Recycled Paper Proposed Amendment of Conflict of Interest Code August 31, 2006 Page 2 CITY (Continued) Facilities Maintenance Supervisor Added MIS Manager Added Deputy Director of Human Resources Added Senior Accountant Added Recreation Superintendent Added Nutrition Manager Added Assistant Chief of Police Deleted Building Inspector/Plan Checker Deleted Assistant Director of Public Works/Engineering Deleted Director of Parks and Recreation Deleted Parks Superintendent Deleted CDC Project Manager Added Redevelopment Project Manager Added Senior Project Manager Added Senior Economic Development Manager Added Housing Program Manager Added Project Area Committee Deleted Deputy Director of Redevelopment Deleted Deputy Director of Community/Economic Development Deleted GEORGE H. EISER, III City Attorney GHE/gmo Attachments DESIGNATED POSITION 1. Mayor, Councilmembers/Chairman, 2. Members of the Community Development Commission 3. City Manager 4. City Attorney/Community Development Commission Attorney */ 5. City Treasurer 6. Director of Finance 7. Financial Services Officer */ 8. Planning Commission 9. Advisory and Appeals Board 1, 2, 7 10. Assistant City Attorney/Senior Assistant City Attomey 1, 2, 7 11. Assistant City Manager 1, 2, 7 12. Assistant Civil Engineer 1, 2, 7 13. Battalion Chief 1, 2, 7 14. City Clerk 1, 2, 7 15. City Engineer 1, 2, 7 16. City Librarian 1, 2, 7 17. Civil Service Commission 1, 2, 7 18. Code Conformance Officer 1, 2, 7 19. Commercial Building Inspector 1, 2, 7 20. Community and Police Relations Commission 1, 2, 7 21. Community Services Director 1, 2, 7 22. Deputy City Attorney 1, 2, 7 23.. Deputy Director of Finance/Administration, Community 1, 2, 7 Development Commission 24. Deputy Director of Human Resources 1, 2, 7 25. Director of Building and Safety 1, 2, 7 26. Director of Human Resources 1, 2, 7 27. Director of Planning 1, 2, 7 28. Director of Public Works 1, 2, 7 29. Executive Director, Community Development Commission 1, 2, 7 30. Facilities Maintenance Supervisor 1, 2, 7 DISCLOSURE CATEGORIES w/ Designated Positions Page 2 31. Fire Chief 32. Housing and Community Development Committee 33. Housing Program Manager, Community Development Commission 34. Library Board of Trustees 35. MIS Manager 36. Nutrition Manager 37. Police Captain 38. Police Chief 39. Principal Librarian 40. Principal Planner 41. Project Manager, Community Development Commission 42. Public Arts Committee 43. Purchasing Agent 44. Recreation Superintendent 45. Redevelopment Project Manager, Community Development Commission 46. Residential Building Inspector 47. Risk Manager 48. Senior Accountant 49. Senior Economic Development Manager, Community Development Commission 50. Senior Project Manager, Community Development Commission 51. Sewer Maintenance Supervisor 52. Street Maintenance Supervisor 53. Traffic Engineer 54. Transit Director 1,2,7 1,2,7 1,2,7 1,2,4,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 55. Consultants: If designated in their contracts, for the categories specified in their contracts by the City Council, the CDC Board, City Manager, Executive Director or Purchasing Agent. *1 These positions file disclosure statements as required by Government Code Sections 87200- 87210. They are listed here for disqualification purposes only. See Government Code Section 87200 for disclosure requirements. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE, AND RESCINDING RESOLUTION NO. 2004-168 WHEREAS, the Political Reform Act, Government Code Sections 81000, et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act of 1974 after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government Code Sections 11370, et seq.; and WHEREAS, the City of National City has determined that the attached Appendix accurately sets forth those positions which should be designated and the categories of financial interests which should be made reportable. NOW, THEREFORE, BE IT RESOLVED that except for Section 9.5 thereof pertaining to state officers and employees, the terms of 2 Cal. Code of Regulations Section 18730, attached hereto as Exhibit "A," and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the City of National City. BE IT FURTHER RESOLVED that Resolution No. 2004-168 is hereby rescinded. PASSED and ADOPTED this 19th day of September, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Page 1 1 of 1 DOCUMENT BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright ® 2006 by Barclays Law Publishers All rights reserved * THIS DOCUMENT IS CURRENT THROUGH REGISTER 2006, NO. 28, JULY 14, 2006 * TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 2. DISCLOSURE 2 CCR 18730 (2006) § 18730. Provisions of Conflict of Interest Codes (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formula- tion of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code section 87300 or the amendment of a conflict of interest code within the meaning of Government Code section 87306 if the terms of this regulation are substituted for terms of a con- flict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of report- able items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections 81000, et seq. The requirements of a conflict of interest code are in addition to other re- quirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Gov- ernment Code section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section I. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commis- sion (2 Cal. Code of Regs. sections 18100, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic inter- ests. (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code section 87200 if they are designated in this code in that same capacity or if the geographical jurisdic- tion of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated conflict of interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Government Code section 87200; and E XHI B'T. \\ 9, Pr Page 2 2 CCR 18730 (C) The filing officer is the same for both agencies.n 1 Such persons are covered by this code for disqualification purposes only. With respect to all other designated em- ployees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic in- terests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's con- flict of interest code.n2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days af- ter leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any deci- sion of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business posi- tions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomi- nation, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. 2 CCR 18730 Page 3 (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of as- suming office whichever is later, or for a board or commission member subject to Government Code section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to 2 Cal. Code Regs. section 18754. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business po- sitions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: . (A) Investment and Real Property Disclosure. When an investment or an interest in real propertyn3 is required to be reported,n4 the statement shall contain the following: 1. A statement of the nature of the investment or interest; 2. The name of the business entity in which each investment is held, and a general description of the business activ- ity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property equals or exceeds two thousand dollars ($ 2,000), exceeds ten thousand dollars ($ 10,000), exceeds one hundred thousand dollars ($ 100,000), or exceeds one million dollars ($ 1,000,000). (B) Personal Income Disclosure. When personal income is required to be reported,n5 the statement shall contain: 1. The name and address of each source of income aggregating five hundred dollars ($ 500) or more in value, or fifty dollars ($ 50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2. A statement whether the aggregate value of income from each source, or in the case ofa loan, the highest amount owed to each source, was one thousand dollars ($ 1,000) or less, greater than one thousand dollars ($ 1,000), greater than ten thousand dollars ($ 10,000), or greater than one hundred thousand dollars ($ 100,000); 3. A description of the consideration, if any, for which the income was received; 4. In the case ofa gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case ofa loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. (C) Business Entity Income Disclosure. When income ofa business entity, including income ofa sole proprietor- ship, is required to be reported,n6 the statement shall contain: I. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($ 10,000). (Di i3usiness Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. 2 CCR 18730 Page 4 (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an in- vestment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of in- come or gifts from that source on his or her statement of economic interests. This section shall not apply to any part- time member of the governing board of any public institution of higher education, unless the member is also an elected official Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $ 360. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $ 360 in a calendar year from any single source, if the member or em- ployee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (f), and (g) of Government Code section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness cre- ated in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transac- tion, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or candidate for elective office. Page 5 2 CCR 18730 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($ 500) at any given time. 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($ 500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, par- ent -in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise ex- empted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for de- fault has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a. The date the loan was made. b. The date the last payment of one hundred dollars ($ 100) or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars ($ 250) during the previous 12 months. (B) This section shall not apply to the following types of loans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken rea- sonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on rea- sonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of, proving that the decision for not taking collec- iior; was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. (9) Section 9. Disqualification. 2 CCR 18730 Page 6 No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a rea- sonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth two thousand dollars ($ 2,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth two thousand dollars ($ 2,000) or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($ 500) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $ 360 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the ex- tent his or her participation is legally required for the decision to be made. The fact that the vote of a designated em- ployee who is on a voting body is needed to break a tie does not make his or her participation legally required for pur- poses of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, par- ticipate in making, or use his or her official position to influence any governmental decision directly relating to any con- tract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($ 1,000) or more. (10) Section 10. Disclosure of Disqualifying Interest. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code section 83114 and 2 Cal. Code Regs. sections 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code sections 81000- 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Gov- ernment Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code section 91003. 2 CCR 18730 Page 7 n 1Designated employees who are required to file statements of economic interests under any other agency's con- flict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code section 81004. n2 See Government Code section 81010 and 2 Cal. Code of Regs. section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. n3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the princi- pal residence of the filer. n4 Investments and interests in real property which have a fair market value of less than $ 2,000 are not invest- ments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. n5A designated employee's income includes his or her community property,jnterest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. n6lncome of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure cate- gories of the filer. AUTHORITY: Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-87302, 89501, 89502 and 89503, Government Code. HISTORY: 1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14). Certificate of Compliance in- cluded. 2. Editorial correction (Register 80, No. 29). 3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2). 4. Amendment of subsection (b)(7)(B)I. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5). 5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46). 6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16). 7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46). 8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28-90; operative 9-27-90 '',eg )0, No. 42). 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8- 7-•92; operative 9-7-92 (Register 92, No. 32). 2 CCR 18730 Page 8 10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6). 11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93. oe 12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Reg- ister 94, No. 1). 13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17). 14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code sec- tion 11343.4(d) (Register 95, No. 1 I). 15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13). 16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.I)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43). 17. Amendment of subsections (6)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35). 19. Editorial correction of subsection (a) (Register 98, No. 47). 20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11-99 pursuant to Govern- ment Code section 11343.4(d) (Register 99, No. 20). 21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1-2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49). 22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001. Submitted to OAL for filing pur- suant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Admin- istrative Procedure Act rulemaking requirements) (Register 2001, No. 2). 23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regula- tions only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7). 24. Amendment of subsections; (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Admin- istrative Procedure Act rulemaking requirements) (Register 2003, No. 3). 25. Editorial correction of 24 (Register 2003, No. 12). Page 9 2 CCR 18730 26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33). 27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4- 2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1). 28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41). APPENnTX CONFLICT OF INTEREST CODE FOR THE CITY OF NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY I. PI TR POSE. This Code is adopted pursuant to the provisions of Government Code Section 87300, P.t Seq, to provide for the disclosure or prevention of all foreseeable potential conflicts of interest; to provide affected persons with clear and specific statements of their duties under the Code; and to differentiate between designated persons with different powers and responsibilities. The requirements hereof are in addition to the other requirements of the Political Reform Act and other state and. local laws pertaining to conflicts of interest, including the general prohibition against conflicts of interest found in Government Code Section 87100. lI. CTFNF?RAI, PRC)VTSTONS. A. When a person is required to disclose investments and sources of income, that person must disclose investments in business entities and sources of income which do business in the jurisdiction, or have done business in the jurisdiction within the past 12 months (Initial Statement • and Assuming Office Statement) or calendar year • (Anne Statement). In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. B. When a person is required to disclose interests in real property, that person must disclose real property that is located in whole or in part within the boundaries of the City of National City. C. When a person is required to disclose business positions, that person must disclose positions of director, officer, partner, trustee, employee, or any position of management in organizations or enterprises operated for profit. DISCI.OSTJRp The persons listed below have been designated as those persons who make and participate in the making of decisions which may foreseeably have a material effect on financial interests within their required disclosure categories as defined in 2 Cal. Code of Regulations Section 18730 and its subsequent amendments. The persons listed below are required to file the initial, annual, and leaving office statements of financial interest required by this Code for the types of interests in the categories set forth in the column "Disclosure Categories" opposite the column "Designated Positions." 1 The Disclosure Categories are: CATEGORY 1:. Investments and sources of income. CATEGORY 2: Interests in real property. CATEGORY 3: Investments, interests in real property and sources of income subject to the regulatory, permit or licensing authority of the department. CATEGORY 4: Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. CATEGORY 5: Investments in business entities and sources of income of the type which, within the past 12 months or calendar, year, whichever is applicable, have contracted with the City of National City or the Community Development Commission of the City of National City to provide services, supplies, mate- rials, machinery or equipment. CATEGORY 6: Investments in business• entities and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the person's department to provide services, supplies, materials, machinery or equipment CATEGORY 7:. Business positions. The persons designated as those persons who make and participate in the making of decisions which may foreseeably have a material effect on financial interests with their required disclosure categories as defined in 2 Cal. Code of Regulations Section 18730 and its subsequent amendments are: DESIGNATED POSITION 1. Mayor, Councilmembers/Chairman, Members of the Community Development Commission 2. City Manager 3. City Attorney/Community Development Commission Attorney 4. City Treasurer ./ 5. Director of Finance 6. Financial Services Officer =/ 7. Planning Commission «/ 8. Advisory and Appeals Board 1, 2, 7 9. Assistant City Attorney/Senior Assistant City Attomey 1, 2, 7 10. Deputy City Attorney 1, 2, 7 11. Assistant City Manager 1, 2, 7 12. Executive Director, Community Development Commission 1, 2, 7 13. Project Manager, Community Development Commission 1, 2, 7 14. Redevelopment Project Manager, Community Development 1, 2, 7 Commission 15. Senior Project Manager, Community Development Commission 1, 2, 7 16. Senior Economic Development Manager, Community 1, 2, 7 Development Commission 17. Deputy Director of Finance/Administration, Community 1, 2, 7 Development Commission 18. Housing Program Manager, Community Development 1, 2, 7 Commission 19. Police Chief 20. Police Captain 21. City Clerk 22. City Librarian 23. Civil Service Commission 24. Code Conformance Officer 25. City Engineer 26. Assistant Civil Engineer 27. Associate Civil Engineer 28. Director of Building and Safety 29. Residential Building Inspector 30. Commercial Building Inspector 31. Director of Planning DISCLOSURE CATEGORIES *1 */ */ *1 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 Designated Positions Page 2 32. Director of Public Works 33. Street Maintenance Supervisor 34. Sewer Maintenance Supervisor 35. Facilities Maintenance Supervisor 36. MIS Manager 37. Fire Chief 38. Battalion Chief 39. Housing and Community Development Committee 40. Library Board of Trustees 41. Director of Human Resources 42. Deputy Director of Human Resources 43. Principal Librarian 44. Principal Planner 45. Purchasing Agent 46. Risk Manager 47. Senior Accountant 48. Traffic Engineer 49. Transit Director 50. Community and Police Relations Commission 51. Community Services Director 52. Recreation Superintendent 53. Nutrition Manager 54. Public Arts Committee 55. Consultants: If designated in their contracts, for the categories specified in their contracts by the City Council, the CDC Board, City Manager, Executive Director or Purchasing Agent. 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,4,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 */ These positions file disclosure statements as required by Government Code Sections 87200- 87210. They are listed here for disqualification purposes only. See Government Code Section 87200 for disclosure requirements. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 19, 2006 AGENDA ITEM NO. 8 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A REVISED POLICY NUMBER 109 OF THE CITY COUNCIL POLICY MANUAL PERTAINING TO REIMBURSEMENT ELECTED AND APPOINTED OFFICIALS AND CITY EMPLOYEES FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES, TO COMPLY WITH THE REQUIREMENTS OF AB 1234 PREPARED BY George H. Eiser, III p DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Please see attached memorandum. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Memorandum Proposed resolution Proposed City Council Policy 109 Resolution No. A-200 (9/99) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A REVISED POLICY NUMBER 109 OF THE CITY COUNCIL POLICY MANUAL PERTAINING TO REIMBURSEMENT OF ELECTED AND APPOINTED OFFICIALS AND CITY EMPLOYEES FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES, TO COMPLY WITH THE REQUIREMENTS OF AB 1234 WHEREAS, the City Council finds that it is in the best interests of the City that elected and appointed officials, as well as City employees, remain informed and trained in activities, developments and professional trends affecting the affairs of the City, and that attendance at institutes, hearings, meetings, conferences, training sessions or other similar gatherings is of substantial benefit to the City and its citizens; and WHEREAS, public resources should only be used when there is a substantial benefit to the City; and WHEREAS, the substantial benefit derived from attendance at institutes, hearings, meetings, conferences, training sessions and other similar gatherings, includes: a) The opportunity to discuss the community's concerns with state and federal officials; b) Participating in regional, state and national organizations whose activities affect the City; c) Improvement of officials' or employees' skill and information levels; and d) Promotion of public service and morale; and WHEREAS, the City Council accordingly finds that it is appropriate for the City to reimburse elected and appointed officials and City employees for actual and necessary expenses that they incur in the performance of official duties, including attendance at institutes, hearings, meetings, conferences, training sessions and other similar gatherings; and WHEREAS, Government Code Section 36514.5 specifically allows City Council members to be reimbursed for actual and necessary expenses incurred in the performance of their official duties; and WHEREAS, AB 1234, effective January 1, 2006, added Sections 53232.2, 53232.3 and 53232.4 to the California Government Code, to provide that if a local agency reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties, then the governing body shall adopt a written policy, in a public meeting, specifying the types of activities that qualify a member of the legislative body to receive reimbursement of expenses relating to travel, meals, lodging, and other actual and necessary expenses; and WHEREAS, "legislative body", within the meaning of AB 1234, includes members of the Planning Commission and of other non -employee members of boards, commissions and committees; and Resolution No. 2006 — September 19, 2006 Page 2 WHEREAS, Section 53232.4 of the Government Code provides that penalties for misuse of public resources or falsifying expense reports in violation of expense reporting policies may include, but are not limited to, the following: a) The loss of reimbursement privileges. b) Restitution to the local agency. c) Civil penalties for misuse of public resources pursuant to Section 8314. d) Prosecution for misuse of public resources, pursuant to Section 424 of the Penal Code. WHEREAS, existing Policy No. 109 of the City Council Policy Manual sets forth standards and procedures for reimbursement of City employees for expenses incurred in the performance of their official duties; and WHEREAS, an amendment to existing Policy No. 109 of the City Council Policy Manual has been proposed to provide regulations for elected and appointed officials and for City employees on the use and expenditure of City resources, as well as to provide the standards against which those expenditures will be measured. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves a revised Policy Number 109 of the City Council Policy Manual, dated September 19, 2006, pertaining to reimbursement of elected and appointed officials and City employees for actual and necessary expenses incurred in the performance of their official duties. PASSED and ADOPTED this 19th day of September, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City Office of the City Attorney 1243 National City Boulevard., National City, CA 91950-4301 George H. Eiser, ill • City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 TO: Mayor and City Council DATE: September 5, 2006 FROM: City Attorney SUBJECT: Policy for Reimbursement for Expenses Incurred in Performance of Official Duties to Comply with the Requirements of AB 1234 For many years, the City has had in effect several policies governing the reimbursement of City employees for costs which they incurred in .the performance of official duties. These policies were mandatory for all employees, but only advisory with respect to the City Council. AB 1234, effective January 1, 2006, adds Sections 53232.2, 53232.3, and 53232.4 to the California Government Code. These. sections provide that if a local agency reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties, then the governing body shall adopt a written policy, in a public meeting, specifying the types of occurrences that qualify a member of the legislative body to receive reimbursement of expenses relating to travel, meals, lodging, and other actual and necessary expenses. "Legislative body" within the meaning of AB 1234 includes members of the Planning Commission and other non -employee members of boards, commissions, and committees. Attached is proposed policy which is intended to comply with the requirements of AB 1234. The proposed policy would apply to the City Council, other elected City officials, all board and commission members, and all City employees. The proposed policy would supersede all existing City policies pertaining to reimbursement for expenses. GEORGE fI. EISER, III City Attorney GHE/gmo Attachment ar ® Recycled Paper CITY COUNCIL POLICY TITLE: Reimbursement for Expenses Incurred in the POLICY 109 Performance of Official Duties NUMBER: ADOPTED: September 19, 2006 AMENDED OR REVISED: Page 1 of 13 Purpose Government Code Sections 53232.2, 53233.3, and 53233.4, enacted pursuant to AB 1234, require the governing body of a local agency to adopt a written policy addressing reimbursement for travel and training expenses incurred in the performance of official duties. The City Council deems it desirable to adopt a uniform policy applicable to City employees, board and commission members, members of the City Council and other elected officials, governing reimbursement for such expenses. The purpose of this administrative policy is to establish uniform policies and procedures concerning expenses incurred by members of the City Council, board or commission members, and City employees while traveling or attending events on City business. I. Policy A City Councilmember, elected official, board or commission member or City employee who is required to travel in the performance of their duties or to attend an authorized meeting, conference or seminar which is of direct benefit to the City shall be reimbursed for reasonable expenses incurred, including transportation, meals, lodging and other incidental expenses directly related tosuch official City business. Expenses specifically disallowed for reimbursement include purchase of personal use items, alcoholic beverages and entertainment. Expenses incurred by members of the employee's family are not reimbursable, except in the case of executives, board and commission members, City Councilmembers, or elected officials, the incremental cost of a double occupancy room accommodation at meetings with formal spouse programs is reimbursable. A. Transportation. The following modes of transportation may be allowed for the purpose of traveling on City business: TITLE: Reimbursement for Expenses Incurred in the POLICY 109 Performance of Official Duties NUMBER: ADOPTED: September 19, 2006 AMENDED OR REVISED: Page 2 of 13 1. Air Travel. The City shall obtain an exclusive travel management company for the Ctiy's air travel requirements to better monitor air travel costs, to simplify procurement of air passage and to avail of discounts when available. The Purchasing Department shall periodically obtain proposals for an exclusive travel management services, evaluate the proposals and make a recommendation for Council approval. Upon selection of an exclusive travel management company, individuals shall purchase plane tickets from such specified travel agency. Allowance for air travel will be actual roundtrip via coach or tourist class accommodation. Receipts for air passage must be retained for submission with the Travel Expense Report. 2. Personal car. With specific approval from the department head or the City Manager, personal cars may be used for out-of-town travel. Reimbursement shall be based on actual mileage used for the official travel. Any mileage used for personal purposes or otherwise not directly related to official City business shall be deducted from total miles traveled to arrive at the net reimbursable mileage. Reimbursement shall be at the prevailing IRS standard mileage rate. When use of a personal vehicle is authorized, individuals shall adequately account for their use of the personal vehicle on a daily basis on the Expense Report. Total reimbursable transportation expense through use of a personal car shall in no case exceed the allowable expense of transportation by air when one is available to such destination. 3. City -owned vehicle. Use of City -owned vehicle shall be authorized when this mode of transportation can be demonstrated as the most economical means available. For determining advisability of usage, employees shall be supplied with estimated cost of travel via a City -owned vehicle by Public Works upon request. Use of a City -owned vehicle shall not be authorized when the estimated cost exceeds the authorized cost of air travel. When use of a City -owned vehicle is authorized, individuals shall adequately account for their use of the City -owned vehicle on a daily basis in the Travel Expense Report. Individuals shall be charged at the prevailing IRS standard mileage rate for every mile of personal use of the City -owned vehicle. The cost of personal use of a City -owned vehicle shall be deducted from the total allowable travel expenses. TITLE: Reimbursement for Expenses Incurred in the POLICY 109 Performance of Official Duties NUMBER: ADOPTED: September 19, 2006 AMENDED OR REVISED: Page 3 of 13 Individuals are authorized to pay for emergency repairs of a City -owned vehicle while on out-of-town travel. All receipts for such repairs must be retained and forwarded to Public Works for approval prior to reimbursement. B. Lodging. 1. General provisions. Reimbursement will be made for the cost of lodging required to conduct the assigned City business. Dated receipts and meeting and travel schedules must be retained for submission with the Travel Expense Report. Lodging will be allowed for the night"prior to the commencement of the meeting if the time set for the start of the meeting requires the individual to leave home prior to 6 a.m. of the day of the meeting. Lodging will be allowed for the night following the meeting if the employee could not have arrived home prior to 12:00 midnight following the meeting. Lodging in connection with separate, consecutive meetings or conferences shall be permitted if it is Tess costly than returning to the city for the nights between the meetings. In instances where an individual has the option to travel by air and the individual opted to travel by car, reimbursement for lodging shall be allowed on the same basis as if the individual traveled by air. 2. Rate of reimbursement. Lodging reimbursement shall be based on the single room rate charged at the headquarters hotel for the conference or the hotel most proximate to the site of the meeting. If the hotel has different rates for single room accommodation, the individual shall be entitled to reimbursement for no more than the second least expensive rate. In the event the individual occupies a more expensive room accommodation (e.g. multiple occupancy), they will be reimbursed at the rate for single occupancy. The employee shall have the hotel indicate on thebill whether the room is for single or a multiple occupancy and the equivalent single occupancy rate if the accommodation is other than single occupancy. If the rate for single occupancy cannot be verified from the bill or receipt, the individual shall be reimbursed at 80% of the rate indicated on the bill. City Councilmembers, board and commission members, elected officials and executives may be reimbursed at the double occupancy rate when accompanied by their spouses to conferences with a formal spouse program. TITLE: Reimbursement for Expenses Incurred in the POLICY 109 Performance of Official Duties NUMBER: ADOPTED: September 19, 2006 AMENDED OR REVISED: Page 4 of 13 C. Meals. Reimbusement for meals shall be on the basis of actual cost. All meal receipts must be retained for submission with the Travel Expense Report. In the event an individual seeking reimbursement is unable to submit meal receipts, reimbursement shall be at the prevailing IRS standard daily meal allowance rate. If meals are included in the registration fee or when three meals are not required during partial days of travel, the prevailing IRS standard daily meal allowance rate shall be broken down according to the following percentages: Breakfast 25% Lunch 35% Dinner 40% Total 100% For information regarding the current prevailing IRS standard daily meal allowance rate, the Finance Director should be consulted. In claiming reimbursement, time of commencement and termination of travel need to be accounted for. Reimbursement for breakfast is not allowed on the day of departure unless the trip starts prior to 7:00 a.m. Reimbursement for dinner is not allowed on the day of return unless the trip ends later than 8:00 p.m. D. Registration Fees. Fes charged for registration at a conference or meeting which an individual is authorized to attend are reimbursable. Receipts or other acceptable evidence of the amount of the fees, such as a copy of the conference program/invitation setting forth the fee rates, shall be retained for submission with the claim form. E. Incidental Expenses. 1. Taxi and Bus Fares. Reimbursement will be allowed for taxi, bus fare or other transportation costs when such transportation is necessary in the conduct of City business. No receipts need be provided for such expenses, except for individual charges exceeding $10.00. Such expenses shall be itemized on the Travel Expense Report. TITLE: Reimbursement for Expenses Incurred in the POLICY 109 Performance of Official Duties NUMBER: ADOPTED: September 19, 2006 AMENDED OR REVISED: Page 5 of 13 2. Communications. Telephone and telegraph charges will be reimbursed for official calls and wires only. Unofficial calls charged to the hotel bill should be identified and deducted from the total hotel bill. 3. Parking, garage, and toll charges. Parking, garage, and toll expenses will be reimbursed when an automobile is used for transportation. 4. Tips, gratuities, and services fees. Customary tips of up to 20 percent will be permitted on reimbursable items. Tips shall be itemized on the claim form. 5. Miscellaneous. All items of expense not included in any of the other categories but which nonetheless can be clearly identified as incidental to the undertaking of city business shall also be allowed reimbursement. Examples of such expenses are public stenographer fees, duplicating expenses and the cost of publications of value of the city being distributed at conference. F. P.O.S.T. Expenses. Expenditures in training Police Department personnel under the P.O.S.T. Program shall be authorized and reimbursed by the City in accordance with established P.O.S.T. guidelines. In case of conflict between the P.O.S.T. guidelines and this policy, the P.O.S.T. guidelines shall prevail but only in the case of expenditures properly reimburseable under the P.O.S.T. Reimbursement Program. G. Cash Advance. It is encouraged that individuals use their own money or credit cards to finance the trip and then claim reimbursement upon their return. If in the judgment of a department manager, estimated expenses for a contemplated out -of -city travel is too high to expect the individual to finance the trip and be reimbursed upon their return, the department manager may authorize advance payment or a maximum of $200 to the employee. An advance in excess of $200 must have the approval of the City Manager. Approval of cash advance does not constitute approval for expenditure of the amount so advanced. All actual expenditures must be justified and approved based on limits and allowances set by this policy. TITLE: Reimbursement for Expenses Incurred in the POLICY 109 Performance of Official Duties NUMBER: ADOPTED:. September 19, 2006 AMENDED OR REVISED: Page 6 of 13 II. PROCEDURES A. Reimbursement of Business Travel Expenses. The individual shall submit a signed `Travel Expense Report" to the department director after completion of travel. Such report shall show the details of official business expenses incurred and should be accompanied by supporting documents required under this policy. The department director shall review the report for compliance with this policy and affix their signature to signify approval. The "Travel Expense Report" must be forwarded to the Finance Department within three (3) working days upon return. City Councilmembers and members of boards and commission shall submit the Travel Expense Report to the City Manager for approval. B. Air. Allowance for a•ir travel will be actual rountrip via coach or tourist class accommodation. Travel Expense Reports will be accompanied by air passage receipts when filed. C. Personal Car. Individuals shall account for use of their vehicle on a daily basis through use of a Travel Expense Report, which is to be submitted when filing a claim. D. City -owned Vehicle. Authorized personal use of a City vehicle will be accounted for on a Travel Expense Report, which will be submitted when filing for reimbursement. Individuals will be charged the prevailing IRS standard mileage rate for each mile, and shall be deducted from the total allowable travel expenses. Emergency repair receipts must be submitted to Public Works for approval prior to reimbursement. E. Lodoinq. Receipts indicating date and occupancy status, accompanied by meeting and travel schedules much be submitted with the Travel Expense Report when filing a claim. TITLE: Reimbursement for Expenses Incurred in the POLICY 109 Performance of Official Duties NUMBER: ADOPTED: September 19, 2006 AMENDED OR REVISED: Page 7 of 13 F. Meals All meal receipts will be submitted with the Travel Expense Report. If unable to submit receipts, the prevailing IRS standard daily meal allowance rate shall be reimbursed. G. Registration Fees. Receipts, or other acceptable evidence of the amount paid, must be submitted with the Travel Expense Report. H. Incidental Expenses. Incidental expenses shall be itemized on the Travel Expense Report, and receipts shall be provided when appropriate and possible. I. Cash Advance. Approved requests for travel advances shall be submitted to the Finance Department at least ten (10) working days before the start of travel. Funds will be released no earlier than three (3) working days prior to the trip departure date. The Fianance Department shall deduct from the total expenses claimed, any expense item found to be inconsistent with this policy, and shall furnish the employee with an itemized list of items disallowed. Any amont due the emoployee shall be paid within ten (10) working days from receipt by the Finance Department of the Travel Expense Report. Attachement: Travel Expense Report (Appendix "A"). III. Alternative Proof of Payment for Training Expenses. A. Individuals periodically request alternative proof of payment methods for mimburseable training expenses, (i.e., registration/tuition fees), advanced, when receipts or cancelled checks are not available. TITLE: Reimbursement for Expenses Incurred in the POLICY 109 Performance of Official Duties NUMBER: ADOPTED: September 19, 2006 AMENDED OR REVISED: Page 8 of 13 B. As an exception, only when receipts are impractical to obtain, a combination of: 1. Course announcement specifying the amount of fees, and 2. A document issued by the training institution indicating attendance or completion of the course by the employee may be used in place of receipt/cancelled check for reimbursemetn purposes. IV. Use of City Credit Card. This Section establishes the City's basic policies and procedures for using credit cards in making service purchases on behalf of the City and payng for travel expenses when on City business. Every year, City staff attend job -related training and conferences, which are usually required by state mandates. In order to make airline and hotel reservations, a credit card number must be provided to guarantee the reservations. A. Statement of Policy. 1. Finance will issue City credit cards to designated individuals as approved by the City Manager, or his/her designee. The set credit card limit is $5,000. The City Manager may also set "per transaction" limits at his/her discretion. 2. Credit cards may never be used to circumvent established competitive purchasing procedures. 3. Credit cards shall only be used in paying for authorized travel and training expenses. Credit cards shall be checked out from an assigned department representative before travel/training, and the card will be returned after each use. The credit card is not approved for permanent placement with an individual. TITLE: Reimbursement for Expenses Incurred in the POLICY 109 Performance of Official Duties NUMBER: ADOPTED: September 19, 2006 AMENDED OR REVISED: Page 9 of 13 4. Individuals may not use City credit cards for personal expenses even if the intent is to reimburse the City later. Charging personal expenses on City credit cards is a misuse of City funds and a serious breach of the City's Civil Service Rules, and may be unlawful. Doing so, even if the itnent is to reimburse the City later, will result in disciplinary action, up to and including termination. B. Responsibilities. 1. Cardholder. Purchase services .on behalf of the City in accordance with these guidelines. Collect and surrender to the City Manager or his/her designee all transaction receipts. 2. City Manager or Designee. Authorize issuance of credit cards and set credit limits; develop and implement departmental procedures to ensure that payments are appropriately reviewed and approved, processed in a timely manner and that all supporting documentation is retained, reconciled to monthly statements and attached to payment vouchers; and oversee implementation of these guidelines. Implement procedures to insure that credit cards will be kept in a secure area when not in use by cardholders. Notify Finance Department of all changes in cardholders. 3. Finance Department. Establish relationship with issuing bank, issue credit cards as requested by City Manager or his/her designee in accordance with these guidelines; process credit card payment vouchers in accordance with the City's accounts payable policies and procedures; ensure that the monthly statement is paid in full on a timely bases; help resolve billing disputes; replace lost or stolen cards; and maintain an accurate list of all current cardholders. 4. Human Resources Department. Retrieve credit cards from employees separating from the City. C. Procedures 1. Requesting Credit Cards. After first obtaining the approval of the City Manager or his/her designee, department heads should submit credit card requests to Finance via memorandum or email to approve credit card limits. TITLE: Reimbursement for Expenses Incurred in the POLICY 109 Performance of Official Duties NUMBER: ADOPTED: September 19, 2006 AMENDED OR REVISED: Page 10 of 13 2. Criteria. Credit cards will only be issued to designated individuals. Department heads should consider the following factors in obtaining credit cards approved from the City Manager or his/her designee: • Ability to hold the individual accountable for. purchases made on the credit card. • Department heads should consider added discretion in authorizing designated individual's use of credit card and the increased potential for abuse in approving credit cardholders. 3. Cardholder Agreement. Before receiving a credit card, an individual will sign a "Credit Cardholder Use Agreement" (Appendix "B") setting forth the individual's obligation under this program. 4. Timely Payment. Within their respective departments, department heads are responsible for ensuring that each credit card statement (along with appropriate supporting documentation reconciled to the statement) is submitted to Finance for payment in a timely manner. Any late processing by a cardholder will be brought up to the department head's attention, and after review of circumstances, the Director of Finance will recommend to the department head appropriate follow-up action, including cancellation of card privileges. In such circumstances, the department head should also consider imposition of disciplinary action on the cardholder. 5. Disputed Charges. Cardholders are responsible for ensuring that vendor and issuing bank are notified immediately of any disputed charges. Departments should pay the statement in full, including disputed amounts, to avoid finance charges and late fees; when resolved, this will result in a credit to the account on the next monthly statement. 6. Standard Process for Payment. The City's standard accounts payable system will be used in processing monthly credit card statements for payment. Supporting documentation for credit card payments should be the same as for any other accounts payable item. This means that original invoices (or receipts) along with credit card receipts must be retained, reconciled to the credit card statement and attached to the payment voucher. TITLE: Reimbursement for Expenses Incurred in the POLICY 109 Performance of Official Duties NUMBER: ADOPTED: September 19, 2006 AMENDED OR REVISED: Page 11 of 13 7. Credit Card Processing Fees. There will be a nominal processing fee by the issuing bank. This charge is the department's cost responsibility. 8. Lost of Stolen Cards. Cardholders are responsible for ensuring that the issuing bank and the Department of Finance are notified immediately if the card is lost or stolen. Failure to do so may result in making the cardholder responsible for any fraudulent use of the card. 9. Disciplinary Action. Within their respective departments, department heads are responsible for all disciplinary action surrounding misuse of credit cards, including requesting cancellation of card privileges. 10. Return of the Card Upon Request or Termination. Cardholders will immediately surrender their credit card upon request of their department head. The Human Resources Department is responsible for retrieving the credit card when an employee separates from the City. Use of the credit card for any purpose after its surrender or employee termination is prohibited. SUMMARY This Policy cannot cover every issue, exception or contingency that may arise in obtaining reimbursement for travel and training expenses incurred in the performance of official duties, and in the use of City credit cards. Individuals are expected to exercise good judgment and show proper regard for economy when traveling in conjunction with official City business. Any expense for which an individual requests reimbursement should directly and manifestly relate to the conduct of City business and, in the event of an audit, should leave no doubt that such expenditure is in fact reasonable and necessary in the conduct of City business. Accordingly, the basic standard that should always prevail is to use common sense and good judgment in the use and stewardship of City resources. This Policy shall supersede all previously -adopted policies and procedures pertaining to reimbursement for travel and training expenses and to the use of City credit cards, including Instruction Nos. 3.03, 3.04, 3.05 and 3.14 of the City Administrative Manual. This Policy satisfies the requirements of Government Code Sections 53232.2 and 53233.3. TITLE: Reimbursement for Expenses Incurred in the POLICY 109 NUMBER: Performance of Official Duties ADOPTED: September 19, 2006 AMENDED OR REVISED: TRAVEL EXPENSE REPORT NAME DEPT PURPOSE OF TRAVEL. Page 12 of 13 DAY OF WEEK REIMBURSABLE DATE OF TRIP _ EXPENSE TOTALS MEALS: BREAKFAST LUNCH DINNER OTHER MEALS TIPS : BREAKFAST LUNCH DINNER OTHER MEALS HOTEL CHARGES PARKING FEES CAR RENTAL/TAXI CHARGES TOLL CHGS/TELEPHONE USE BUS/AIR FARE OTHER EXPENSES: ITEMIZED MILEAGE : ENDING MILEAGE BEGINNING MILEAGE LESS:PERSONAL MILES TOTAL MILEAGE The items listed on this report are expenses which are normally al owed as travel expenses. My special items should be explained on the reverse side of this orm. Give names and business connection of any person(s) whose expenses were paid for by the city. Indicate with an • any expenses that do not have original receipts. PLEASE ATTACH ORIGINAL RECEIPTS TO THIS TRAVEL EXPENSE REPORT/REQUEST FOR WARRANT. GRAND TOTAL OF EXPENSES CASH ADVANCE DUE CITY DUE TRAVELLER S S S S I certify that the foregoing Travel Expense Report Ls correct and that all expenses listed above are true expenditures incurred on official city business. Signature Date Oeparment Head Approval Date Account Number TOTAL REQUEST FOR WARRANT Amount TITLE: Reimbursement for Expenses Incurred in the Performance of Official Duties POLICY 10 NUMBER: ADOPTED: September 19, 2006 AMENDED OR REVISED: Page 13 of 13 CITY OF NATIONAL CREDIT CARDHOLDER USE AGREEMENT Employee: Department: The above named employee (Cardholder) of the City of National City has been issued a City credit card. The Cardholder has been provided with a copy of the City's credit card policy, and hereby agrees to comply with all terms and conditions ,set forth therein, including but not limited to: 1. Official Use Only, City creditcards are for official City use only. Charging personal expenses on City cards is a misuse of City funds and a serious breach of the City's Civil Service Rules, and maybe unlawful. Doing so even if the intent is to reimburse the City later -will result in disciplinary action, up to and including termination, Minor incidental expenses as component part of a larger billing -such as personal telephone calls or video rentals on a hotel bill may be allowed if reimbursed at the time the credit card billing is submitted for payment. 2. Timely, Accurate and Supported Payments. Credit card payments will be processed on a timely basis, and adequate supporting documentation (such as order forms, receipts, invoices and credit card Receipts) will be retained for all charges and attached to payment vouchers. 3. Disputed Charges. The vendor and issuing bank will be notified immediately of any disputed charges. 4. Lost or Stolen Cards. The issuing bank and the Department of Finance will be notified immediately of a lost or stolen card. Failure to do so could make the Cardholder responsible for any fraudulent use of the card. 5. Surrender Upon Request or Separation. The credit card will be immediately surrendered upon retirement, termination or upon request of the department head. Use of the credit card for any purpose after its surrender is prohibited. 6. Credit Card Limit. The credit limit of this card is $ 7. Other Restrictions. Cardholder Signature Date Approved: Department Head Date Distribution: Original -Cardholder Personnel File Copies -Finance, Department Head, Cardholder RETURN OF CITY CREDIT CARD UPON SEPARATION FROM CITY EMPLOYMENT I HEREBY SURRENDER the credit card issued to me by the City of National City to the Personnel Department. I declare that all outstanding charges on the credit card are for official City business and will be paid through established procedures. Cardholder Signature Date Personnel Department Date City of National City COUNCIL AGENDA STATEMENT MEETING DATE: September 19, 2006 AGENDA ITEM NO. 9 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE 2006-07 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS BETWEEN THE CITY OF NATIONAL CITY AND VARIOUS COMMUNITY ORGANIZATIONS WITHIN THE CITY PREPARED BY: LETICIA QUINTERO DEPARTMENT CITY MANAGER'S OFFICE On May 2, 2006 the City Council approved the Community Development Block Grant (CDBG) funds for public service programs, community enhancement projects, and City capital improvement programs. The U.S. Department of Housing and Urban Development requires a written contract between the City and each Subrecipient of CDBG funds. The contracts cover the period from July 1, 2006 to June 30, 2007. Each contract has several exhibits attached which are incorporated into the contract. The attachments to the agreements are: Exhibit A- Program Delivery & Levels of Services, Exhibit B- Staffing, Exhibit C- Budget, Exhibit D- Board of Directors, Exhibit E- Certificate of Good Standing, and Exhibit F- Affirmative Action Policy. The CDBG agreements are for the following organizations for the projects and amount stated: Boys & Girls Club of National City Community Youth Athletic Center Trauma Intervention Program Stein Farm Transportation Services Program Development Program Team Bathroom Facility $15,725 $20,000 $8,000 $10,000 J Environmental Review Not applicable to this report. Financial Statement The City Council's adopted allocations were incorporated into the City and CDC 2006-07 Fiscal Year Budgets. STAFF RECOMMENDATION City Council to adopt the Resolution. BOARD/COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS (Listed Below) Resolution No. 2006- RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FY 2006-07 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS BETWEEN THE CITY OF NATIONAL CITY AND VARIOUS COMMUNITY ORGANIZATIONS WITHIN THE CITY WHEREAS, the City participates in the Community Development Block Grant and a principal goal of which is to fund projects and services which will benefit low-income National City households; and WHEREAS, the City Council held a Public Hearing on March 21, 2006, to review and receive public comment on the draft Annual Plan for fiscal year 2006-07; and WHEREAS, on May 5, 2006, the City Council of the City of National City approved the CDBG final Annual Plan for fiscal year 2006-07; and WHEREAS, the City is desirous of having certain services for the benefit of low- income households performed by the subrecipients; and WHEREAS, the subrecipients warrant and represent that they are experienced and staffed in a manner such that they can prepare and deliver the services required by the City within the timeframe herein provided all in accordance with the terms and conditions of the contracts; and WHEREAS, in the event that HUD should withdraw the City's CDBG funding, the City is not obligated to compensate the subrecipients for program expenditures. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of National City hereby authorizes the Mayor to execute the Community Development Block Grant (CDBG) agreements for Fiscal Year 2006-07 with various community organizations for the purpose and amount stated in "Exhibit 1", and incorporated hereto. Said Agreements are on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of September, 2006 ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor EXHIBIT 1 Boys & Girls Club of National City Community Youth Athletic Center Trauma Intervention Program Stein Farm Transportation Services Program Development Program Team Bathroom Facility $15,725 $20,000 $8,000 $10,000 Subrecipient Agreement By and Between the City Of National City and Boys & Girls Club of National City for Transportation Program THIS AGREEMENT, entered this 19th day of September, 2006 by and between the City Of National City (herein called the "Grantee") and Boys & Girls Club (herein called the "Subrecipient"). WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE A. Activities: The Subrecipient will be responsible for administering the CDBG 2006 Transportation • Program in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. «Description» Such program will include activities eligible under the Community Development Block Grant program as specified in Exhibit "A", attached and incorporated herein. B. National Objectives: All activities funded with CDGB funds must meet one of the CDBG program's National Objectives: benefit low- and moderate -income persons; aid in the prevention or elimination of shims or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 670.208 The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet the National Objective of serving Low Income Persons. Levels of Accomplishment — Goals and Performance Measures: The levels of accomplishment may include such measures as units rehabbed, persons or households assisted, or meals served, and should also include time frames for performance. Refer to Exhibit "A" for levels of program services. D. Staffing: Subrecipient shall be responsible for staff and time to be allocated to each activity, as set forthin Exhibit B, attached hereto and incorporated herein. E. Performance Monitoring: The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated II. TIME OF PERFORMANCE: Services of the Subrecipient shall start on the 1" day of July, 2006 and end on the 30'' day of June of 2007 in the case of Public Services and in the case of Capital Improvements end on June 30, 2009. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. Subrecipient Agreement Page 1of13 ITI. BUDGET: Any indirect costs charged must be consistent with the conditions of Paragraph VII (C)(2) of this Agreement. Subrecipient shall adhere to the budget breakdown, attached as Exhibit "C" and incorporated herein. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient. IV. PAYMENT: It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall riot exceed $15.'725. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84,21. V. NOTICES: Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: i.. Contact Person: Leticia Quintero, Economic Development Specialist II Contact Person: Kim Rhode, Executive Director Organization: City of National City Organization: Boys & Girls Club of National City Address: 140 East 12th Street, Suite B National City, CA 91950 Address: 1430 D Avenue National City, CA 91950 Telephone: (619) 336-4568 Telephone: (619) 477-5445 Email: luintero@ci.national-city.ca.us Email: krohde@becnc.org VI. GENERAL CONDITIONS A. General Compliance: The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient's environmental responsibilities described in 24 CER 570.604 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. "Independent Contractor": Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. Subrecipient Agreement Page 2 of 13 2. C. Hold Harmless: The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers' Compensation: The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. E. Insurance & Bonding: The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84,31 and 84.4s, Bonding and Insurance. F. Grantee Recognition: The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available finding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of sex -vices, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient. H. Suspension or Termination: In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect. The Grantee shall have the right, in accordance with 24 C.F.R. 85.43, to terminate this Agreement immediately or withhold payment of invoice for failure of the SUB -RECIPIENT to comply with the terms and conditions of this Agreement. Should the Grantee decide to terminate this Agreement, after a full evaluation of all circumstances has been completed, the SUB -RECIPIENT shall, upon written request, have the right to an appeal process. A copy of the appeal process will be attached to any termination notice. If the Grantee finds that the SUB -RECIPIENT has violated the terms and conditions of this Agreement, the SUB -RECIPIENT may be required to : 1. Repay all monies received from the Grantee under this Agreement; and/or 2. Transfer possession of all materials and equipment purchased with grant money to the Grantee. Subrecipient Agreement Page 3 of 15 3 In the case of early termination, a final payment may be made to the SUB -RECIPIENT upon receipt of a Final Report and invoices covering eligible costs incurred prior to termination. The total of all payments, including the final payment, shall not exceed the amount specified in this Agreement. I. Termination for Convenience: In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Sub -recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. Grantee and sub -recipient agree to provide written notice to the other party thirty (80) days prior to the effective date of any termination, in whole or part, for convenience. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 2. . Accounting Standards: The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 5. Cost Principles: The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. Documentation and Record Keeping 1. Records to be Maintained: The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24, CFR 670.502, and 24 CFR 84.21-28; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention: The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement .for a period of four (4) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later. Client Data: The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, hut not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. Subrecipient Agreement Page 4of is Disclosure: The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by the State and for Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs: The Subrecipient's obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits & Inspections: All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and OMB Circular A-133. 7. Additional Documentation: Subrecipient agrees to provide a list of its Board of Directors, By - Laws, a Certificate of Good Standing, and any additional documents, as required in Exhibit "D" and "E", attached and incorporated herein. C. Reporting and Payment Procedures Program Income: The Subrecipient shall report quarterly all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Grantee at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. Indirect Costs: If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 3. Payment Procedures: The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. with the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient. 4. Progress Reports: The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee. 2_ Subrecipient Agreement Page 5of]3 D. Procurement: Compliance: The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement. 2. OMB Standards: Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. 3. Travel: The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets: The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (6) years after expiration of this Agreement [or such longer period of time as the Grantee deems appropriate]. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the Grantee deems appropriate]. 5. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. VIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT: The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the I-ICD Act; and (c) the requirements in 24 CFR .570.506(d) governing optional relocation policies. [The Grantee may preempt the optional policies.] The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project The Subrecipient also agrees to comply with :applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights Subrecipient Agreement Page 6 of 15 Compliance: The Subrecipient agrees to comply with local and state civil rights ordinances here and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 2. Nondiscrimination: The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 4. Land Covenants: This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate Section 504: The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action Approved Plan: The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds, consistent with the policy in Exhibit "F", attached hereto and incorporated herein. 2. Women- and Minority -Owned Businesses (W/MBE): The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation- s. Access to Records: The Subrecipient shall furnish and cause each of its own suhrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, IIUD or its agent, or other authorized Federal. officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Subrecipient Agreement Page 7 of 13 1 4. Notifications: The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative • of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions: The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. C. Employment Restrictions Prohibited Activity: The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards: The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor .standards insofar as those acts apply to the performance of this Agreement, The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal.requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Cause a. Compliance: Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall he a condition of the Federal financial assistance provided under this contract and - binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Subrecipient Agreement Page 8ofls Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a . program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 8 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible,. priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications: The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c- Subcontracts: The Subrecipient will include this Section 8 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may he Subrecipient Agreement Page 9 of 13 assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts: a. Approvals: The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. b. Monitoring: The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content: The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process: The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. 3. Hatch Act: The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest: The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved_ c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph,. a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. 5_ Lobb, in : The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Subrecipient Agreement Page 10 of 13 10 Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: Lobbying Certification: This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright: If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Activities: The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 370.200(j), such as worship, religious instruction, or proselytization. X. ENVIRONMENTAL CONDITIONS A. Air and Water: The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: • Clean Air Act, 42 U.S.C. , 7401, et seq.; • Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; • Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection: In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U S-C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint: The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG- assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of Subrecipient Agreement Page 11 of 13 I I blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation: The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 4io) and the procedures set forth in 36 CFR Part S00, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. XI. SEVERABILITY: If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. XII. SECTION HEADINGS AND SUBHEADINGS: The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. XIII. WAIVER: The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XIV. INTERPRETATION OF THE AGREEMENT: The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. The Agreement does not limit any other rights or remedies available to the Grantee. The SUB -RECIPIENT shall be responsible for complying with all local, state, and federal laws whether or not said laws are expressly stated or referred to herein. Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not containing such revision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are severable. XV. ATTORNEY'S FEES: In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out .of, this Agreement, or to recover damages for the breach thereof the party prevailing in any such action or proceeding shall be entitled to recover from the non -prevailing party all reasonable attorney's fees, costs, and expenses incurred by the prevailing party. XVI. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement. Subrecipient Agreement Page 12 of 13 r2 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF NATIONAL CITY Nick Inzunza Mayor, City of National City APPROVED AS TO FORM George Eiser City Attorney ATTEST City Clerk Attachments Exhibit "A" Exhibit `B"- Exhibit "C"- Exhibit "D"- Exhibit "E"- Exhibit "F"- BOYS & GIRLS CLUB OF NATIONAL CITY Executive Director Program Delivery & Levels of Service Staffing Budget Board of Directors & Bylaws Certificate of Good Standing Affirmative Action Policy Subrecipient Agreement Page 13 of 13 13 Exhibit "A" (Statement of Work) The Boys & Girls Clubs of National City has been meeting the educational, emotional, social and physical needs of youths ages 6 —18 for the last 57 years! Our Mission Statement is simple and profound: To provide quality programs for the children of National City which enhance self-esteem, lead to lifetime relationships and interests, develop interpersonal skills and complement the family unit, in a safe and nurturing environment. Last year, over 1,900 of these needy youth enjoyed programs and services at the Boys & Girls Clubs of National City. All activities including game room / recreational fun, computer lab sessions, tutoring / homework periods, arts and craft / ceramic classes and athletics are included in a one year, $40 membership. Scholarships ARE available for those who cannot afford a membership. NO ONE is turned away for inability to pay. The Club is open from 2:30 in the afternoon till 6:30 in the evening, Monday through Friday. During School Intersessions, we open at 7:00 in the morning. At any one time there may be as many as 500 children in our building, all supervised by caring and knowledgeable stag members. We are The Positive Place For Kids!! All 2006 CDBG funds received by the Boys & Girls Clubs of National City will be turned over to the National School District to partially offset the costs of our After — School Transportation Program. This program makes the Club an after — school bus stop at all ten elementary schools allowing children to ride the school bus to the Club. !s Exhibit "B" (Staffing) There is no Boys & Girls Clubs -of National City staffing. All 2006 CDBG funds received by the Boys & Girls Clubs of National City will be turned over to the National School District to partially offset the costs of our After — School Transportation Program. This program makes the Club an after — school bus stop at all ten elementary schools allowing children to ride the school bus to the Club. l(o Exhibit "C" (Budget) On behalf of our Board of Directors, I respectfully request a gift of $15,725 to fully fund The After — School Transportation Program for School Year 2005 — 2006. This cost is based on a 185 day school year at $85 per day per bus (185 X $85/day = $15,725). Program Budget: Total: $ 15,725 (Include only those expenses directly related to the program for which funding is requested). CDBG OTHER FUNDS Salaries/Benefits: $ $ Rent/Utilities: $ $ Equipment/Supplies: $ $ Other School Bus Contract : $15,725 $ Other $ $ Other $ $ Subtotals: $15,725 $ 17 Exhibit "D" (Board of Directors) President Jess E. Van Deventer, J & S Investments 1st Vice President Mlle Pruitt, Owner -General Manager Briar Co. Home: 267-3317 2"d Vice President Not identified at this time Secretarv/Treasurer Jim Poe, Probation Officer, Retired County of San Diego Past President Frank Parra, Supervisor/Operations Rural Metro Corporation Wesley Braddock, Principal Sweetwater Union High School Ronald Detzer, Attorney at Law Senior Law Center Rod Donohoo, Attorney at Law San Diego, CA Dr. Adolfo Gonzales, Chief of Police National City Police Department Lucida Barton, Allstate Insurance Company Rod Juniel, Fire Chief National City Fire Department Albert Mendivil, Principal Olivewood Elementary School Ralph Mora, Principal Sweetwater Adult High School Kile Morgan, Jr., Chairman Ponderosa Homes Tim Patten, University Community Medical Center Vince Reynolds, Retired Steve South, Chief Operating Officer, EDCO Dixon Smith, Capt, USN Commanding Officer NAVSTASD Victoria `Vicky' Waters, Retired jq BY-LAWS OF BOYS AND GIRLS CLUBS OF NATIONAL CITY, CALIFORNIA, INC. A California Non -Profit Public Benefit Corporation ARTICLE ONE NAME The name of this corporation is BOYS AND GIRLS CLUBS OF NATIONAL CITY, CALIFORNIA, INC. ARTICLE TWO PRINCIPAL OFFICE The principal office for the transaction of the business of the corporation ("principal executive office") is located in National City; California. The directors may change the principal executive office from one location to another from time to time, upon proper motion and approval to do so. Any change of this location shall be noted by the secretary on these by-laws, opposite this section, or this section may be amended to state the new location. ZARTICLE THREE Section 1. OBJECTIVES AND PURPOSES. The objectives and purposes of this corporation shall be: 1. To provide behavior guidance and to promote the physical and mental health, social, educational, vocational and character development of boys and girls; to receive, invest and disburse funds, and to hold property for the purposes of the corporation. 2. To assure that no part of the income or assets of this corporation shall inure to the benefit of any private individual or member. 3. To assure that this corporation shall have no capital stocks, its object and purpose being solely of a benevolent character, and not for individual pecuniary gain or profit to its members. 1 4. To receive gifts and contributions of real and personal property from the United States of America or any agency thereof, from the State of California, or any subdivision, or from any other person, firm or corporation. 5. To act as trustee under any trust or endowment incidental to the objectives of the corporation, and in connection therewith, to receive, hold, administer and expend funds and real and personal property of every kind and character whatsoever subject to such trust or endowment. Section 2. ACTIVITIES AND PROGRAMS. Separate activities and programs for boys shall be managed by the Board of Directors. Separate activities and programs for girls shall be managed by the Board of Directors. The corporation shall maintain a separate accounting for each activity and program. ARTICLE FOUR NONPARTISAN ACTIVITIES This corporation has been formed under the California Non - Profit Public Benefit Corporation Law for public benefit purposes described above, and it shall be non-profit and non -partisan. No substantial part of the activities of the corporation shall consist of the publication or dissemination of material with the purpose of attempting to influence legislation, and the corporation shall not participate or intervene in any political campaign on behalf or any candidate for public office or for or against any cause or measure being submitted to the people for a vote. The corporation shall not, except in an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of .the purposes described above. ARTICLE FIVE DEDICATION OF ASSETS The properties and assets of this non-profit corporation are irrevocably dedicated to charitable purposes. No part of the net earnings, properties, or assets of this corporation, on dissolution or otherwise, shall inure to the benefit of any private person or individual, or any member or director of this corporation. On dissolution or liquidation, all properties and assets and obligations shall be distributed and paid over to the Boy's Club of America, Inc.,, Girl's Club of America, Inc., or to such other non-profit charitable corporation or corporations as 2 may be selected by the board of directors of this corporation, as shall at that time qualify as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1954, as amended, or corresponding provisions of any subsequent federal tax laws, so that the business properties and assets of this corporation shall, in such event be used for and devoted to the purpose of providing benefits for Boy's Club and Girl's Club activities. ARTICLE SIX MEMBERS Section 1. CLASSIFICATION OF MEMBERS. The corporation shall have one class of members only, and each member shall have equal voting and other rights. No person shall hold more than one membership in the corporation. Section 2. ADMISSION FEES, ANNUAL DUES AND ACTIVITIES FEES. The admission fees, annual dues and activities fees payable to the corporation by members shall be in such amounts as shall be determined by resolution of the Board of Directors in which such charges shall be within the reasonable means of the members to pay. ARTICLE SEVEN HONORARY BOARD MEMBERSHIP Section 1. QUALIFICATIONS. Any natural person, eighteen years of age or older, of good moral character, and dedicated to the purpose of this corporation shall be eligible for honorary board membership upon acceptance of his or her application by the board of directors. Such member shall be known as an Honorary Board Member. Section 2. TERMINATION OF MEMBERSHIP. The membership of any honorary board member shall terminate upon the resignation of the member, or upon the 30th day of June following the board's acceptance of the honorary board member's application under Section 1 above. An honorary board member may be re-elected for successive one-year terms, ending on June 30 of each following year, upon the vote of the board of directors, without reapplication under Section 1 above. 3 a Section 3. TRANSFER OF MEMBERSHIPS. No honorary board member may transfer for value, or any other consideration, or at all, a membership or any right arising from it. All rights of membership cease upon the member's death. Section 4. HONORARY MEMBERSHIPS. The board of directors or its designee may confer the honorary title of "Associate Member," or any other title as it may select, on any person, natural or corporate, who has expressed an interest in the purposes of this corporation, but these titles shall not confer or imply any right in any such person to vote for the election of a director or directors, or on a disposition of any assets of the corporation or on a merger or on a dissolution. Section 5. PLACE OF MEETING. Meetings of the honorary board membership shall be held at - any place within or outside of the State of California as designated by -the board of directors. In the absence of any such designation, members' meetings shall be held at the principal executive office of the corporation. ARTICLE EIGHT MEETINGS OF BOARD MEMBERS Section 1. PLACE OF MEETING. Meetings of the board membership shall be held at any place within or outside of the Sta'_e of California as designated by the board of directors. In the absence of any such designation, members' meetings shall be held at the principal executive office of the corporation. Section 2. ANNUAL MEETING. The annual meeting of members shall be held in September or October and at such time as determined by the board of directors, upon notification to the members as provided for in Section 4 of this Article Seven. Section 3. SPECIAL MEETING. (a) Authorized persons who may call meeting. A special meeting of the members may be called at any time by any of the following: the board of directors, the president or five or more members. (b) Calling meeting by members. If a special meeting is called by members other than the president, the request shall be submitted by such members in 4 writing, specifying the general nature of the business proposed to be transacted, and shall be delivered personally or sent by registered mail or by telegram or other facsimile transmission to the president, any vice-president, or the secretary of the corporation. The officer receiving the request shall cause notice to be promptly given to the members entitled to vote, in accordance with the provisions of Section 7 of this Article VII, that a meeting will be held, and the date of such meeting, which date shall be not less than 30 days nor more than 90 days following the receipt of the request. The persons requesting the meeting may give the notice. Nothing contained in this subsection shall be construed as limiting, fixing, or affecting the time when a meeting of members may be held when the meeting is called by action of the board of directors. Section 4. NOTICE OF MEMBERS' MEETINGS. (a) General notice contents. All notices of meetings of members shall be sent or otherwise given in accordance with paragraph (c) not less than 10 nor more than 90 days before the date of the meeting. The notice shall specify the place, date, and hour of the meeting and (i) in the case of special meeting, the general nature of the business to be transacted, and if no other business is to be transacted, or (ii) in the case of the annual meeting, those matters which the board of directors, at the time of giving the notice, intends to present for action by the members. (b) Notice of certain agenda items. If action is proposed to be taken at any meeting for approval of any of the following proposals, the notice shall also state the general nature of the proposal. Member action on such items is invalid unless the notice or written waiver of notice states the general nature of the proposal(s): (i) removing a director without cause; (ii) filling vacancies on the board of directors by the members; (iii) amending the articles of incorporation; (iv) voluntary dissolution of the corporation. (c) Manner of giving notice. Notice of any meeting of members shall be given either personally or by first-class mail, telegraphic or other written communication, charges pre -paid, addressed to each -ember either at the address of that member appearing on the books of the corporation or the address given by the member to the corporation for the purpose of notice. If no address appears on the corporation's books and no other address has been given, notice shall be deemed to have been given if either (i) notice is sent to that member by first-class mail or telegraphic or other written communication to the corporation's principal executive office, or (ii) notice is published at least once in a newspaper of general circulation in the county where that office is located. Notice shall be deemed to have been given at the time when delivered personally or deposited in the mail or sent by telegram or other means of written communication. Section 5. QUORUM. (a) Percentage required. Fifty percent (50%) of the members shall constitute a quorum for the transaction of business at a meeting of the members. (b) Loss of quorum. The members present at a duly called or duly held meeting at which a quorum is present may continue to transact business until adjournment, notwithstanding the withdrawal of enough members to leave less than a quorum, if any action taken (other than adjournment) is approved by at least a majority of the members required to constitute a quorum. Section 6. ADJOURNED MEETING. Any members' meeting, annual or special, whether or not a quorum is present, may be adjourned from time to time by the vote of the majority of the members represented at the meeting, either in person or by proxy. But in the absence of a quorum, no other business may be transacted at that meeting, except as provided for in this Article. Section 7. VOTING. (a) Eligibility to vote. Persons entitled to vote at any meeting of members shall be members as of the date determined in accordance with Section 10 of this Article VII, subject to the .provisions of the California Non -Profit Corporation Law. (b) Manner of casting votes. Voting may be by voice or by ballot provided that any election of directors must be by ballot if'demanded by any member before the voting begins. (c) Cumulative voting. Each member entitled to vote at any election of directors shall not have the right to cumulate his vote. (d) Only majority of members represented at meetingrequired, unless otherwise specified. If a quorum is present, the affirmative vote of the majority of the members represented at the meeting, entitled to vote, and voting on any matter (other than 6 25` the election of directors) shall be the act of members, unless the vote of a greater number or voting by classes is required by California Non -Profit Corporation Law or by the articles of incorporation. Section 8. WAIVER OF NOTICE OR CONSENT BY ABSENCE. (a) Written waiver or consent la absence. The transaction of any meeting of members, either annual or special, however, called or noticed, and wheresoever held, shall be as valid as though taken at a .meeting duly held after regular call and notice. If a quorum is present, either in person or by proxy, and if, either before or after the meeting, each person entitled to vote, whowas not present in person or by proxy, signs a written waiver of notice or a consent to a holding of the meeting, or an approval of.the minutes, a meeting shall be valid. The waiver of notice or consent need not specify either the business to be transacted or the purpose of any annual or special meeting of members, except that if action is taken or proposed to be taken for approval or any of those matters specified in Section 4(b) of Article VII, the waiver of notice or consent shall state the general nature of the proposal. All such waivers, consents, or approvals shall be filed with the corporate records or made a part of the minutes of the meeting. Section 9. ACTION WRITTEN CONSENT WITHOUT A MEETING. General. Any action that may be taken at any annual or special meeting of members may be taken without a meeting and without prior notice if written ballots are received from a number of members at least equal to the quorum applicable to a meeting of members. All such written ballots shall be filed with the secretary of the corporation and maintained in the corporate records. All solicitations of ballots shall indicate the time by which the ballot must be returned to be counted. Section 10. RECORD DATE FOR MEMBERS' NOTICE, VOTING AND GIVING CONSENT. (a) To be determined by board of directors. For the purpose of determining which members are entitled to receive notice of any meeting, to vote, or to give consent to cor-porate action without a meeting, the board of directors may fix, in advance, a "record aate," which shall not be less than 30 days nor more than 90 days before any such action without a meeting. Only members of record on the date so fixed are entitled to notice, to vote , or to give consent, as the case may be, notwithstanding any transfer of any membership on the books of the corporation after the record date, except as otherwise provided in the articles of incorporation, the agreement, or in the California Non -Profit Corporation Law. (b) Failure of board to determine date. (i) Record date for notices or voting. Unless fixed by the board of directors, the record date for determining those members entitled to receive notice of, or to vote at, a meeting of members, shall be the next business day preceding that date on which notice is given, or if notice is waived, the next business day preceding that day on which the meeting is held. (ii). Record date for written consent to action without meeting. Unless fixed by the board, the record date for determining those members entitled to vote by ballot on corporate action without a meeting, when no prior action by the board has been taken, shall be the day on which the board adopts the resolution relating to that action. (iii) "Record Date" means as of close of business. For purposes of this paragraph (b), a person holding membership as of the close of business on the record date shall be deemed a member of record. Section 11. PROXIES. (a) Right of members. Every person entitled to vote shall have the right to do so eith'ar in person or by one or more agents authorized by a written proxy, signed by the person and filed with the secretary of the corporation. A proxy shall be deemed signed if the member's name is placed on the proxy (whether by manual signature, typewriting, telegraphic transmission., or otherwise) by the member of the member's attorney in fact. (b) Revocability. A validly executed proxy that does not state that it is irrevocable shall continue in full force and effect unless (i) revoked by the member executing it, before the vote cast pursuant to that proxy, by a writing delivered to the corporation stating that the proxy is revoked by a subsequent proxy executed by such member, or-(ii) written notice of the death or incapacity of the maker of the proxy is received by the corporation before the vote pursuant to that proxy is counted; provided, however, that no proxy shall be valid after the expiration of 11 months from the date of the proxy, unless otherwise provided in the proxy. The revocability of a proxy 27 that states on its face that it is irrevocable shall be governed by the provisions of the Califonria Non - Profit Corporation Law. (c) Form of solicited proxies. In any election of directors, any form of proxy that is marked by a member "withhold," or otherwise marked in a manner indicating that the authority to vote for the election of directors is withheld, shall not be voted either for or against the election of a director. Failure to comply with this paragraph shall not invalidate any corporate election taken, but may be the basis for challenging the proxy at a meeting. (d) Effect of member's death. A proxy is not revoked by the death or incapacity of the maker or the termination of a member as a result thereof unless, before the vote is counted, written notice of the death or incapacity is received by the corporation. ARTICLE NINE ELECTION OF DIRECTORS Section 1. NOMINATIONS. (a) Nominating corttmittee. The president shall appoint a committee to select qualified candidates for election to the board of directors, which nominating committee shall make its report before the date of the election. The secretary shall forward to each member the notice of said meeting required by Article VII,- Section 4, with a list of candidates nominated, by office. (b) Nomination from the floor. If there is a meeting to elect directors, any member present at meeting, in person or by proxy, may place namPesG in nomination. Section 2. VOTE REQUIRED TO ELECT DIRECTORS. Candidates receiving the highest number of votes shall be elected as directors. ARTICLE TEN DIRECTORS Section 1 POWERS. (.a) General corporate powers. The business and affairs of the corporation shall be managed and all 9 corporate powers shall be exercised, by or under the direction of the board of directors. (b) Specific powers. Without prejudice to these general powers, the -directors shall have the power to: (i) Select and remove all officers, agents, and employees of the corporation; prescribe any powers and duties for them that are consistent with law, with the Articles of Incorporation, and with these by-laws; and fix their compensation. (ii) Change the principal executive office or the principal business office in the State of California from one location to another; cause the corporation to be. qualified to do business in any other state, territory, dependency or country and conduct business within or outside the State of California; and designate any place within or outside the State of California for the holding of any directors' meeting or meetings. (iii) Adopt, make and use a corporate seal and alter the form of said seal. (iv) Borrow money and incur indebtedness on behalf of the corporation and cause to be executed and delivered for the corporation's purposes, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, and other evidence of debt and securities. Section 2. NUMBER AND QUALIFICATIONS OF DIRECTORS. The authorized number of directors shall be as determined by the directors from time to time, but in no event .shall the authorized number be less than ten nor more than forty. Directors need not be residents of the State of California and may be any natural person eighteen years of age or older, of good character, and dedicated to the purposes of this corporation. Section 3. ELECTION AND TERM OF OFFICE OF DIRECTORS. Directors shall be elected at each annual meeting of the members, to hold office until the next annual meeting. However, if any annual meeting is not held or the directors are not elected at any annual meeting, they may be elected at any special members' meeting held for that purpose. Each director, including a director elected to fill a vacancy or elected at a special meeting, shall hold office until expiration of the term for which 10 elected and until successor directors have been elected and qualified. Section 4. REMOVAL. (a) Events causing removal. A director shall be removed on the occurrence of the following: (i) the death or resignation of the director, (ii) the declaration by resolution of the board of directors of removing.a director who has been declared of unsound mind by an order of court or conviction of a felony or had been found by final order or judgment of any court to have breached a duty under Article 3 (commencing with Section 5230 of the California Corporation Code), or (iii) the vote of a majority of the members to remove a director, or (iv) being removed automatically by being absence from four (4) consecutive board of directors meetings., excluding an approved leave of absence. (b) Resignations. Except as provided in this paragraph, any director may resign, which resignation shall be effective on giving written notice to the president, the secretary or the board of directors, unless the notice specifies a later time for the resignation to become effective. No director may resign when the corporation would then be left without a duly elected director or directors in charge of its affairs. (c) Filling vacancies. Vacancies on the board may be filled by a majority of the directors then in office, whether or not less than quorum. For purposes of the foregoing, a vacancy shall include an additional directorship caused by an increase in the number of directors under Section 2 of this Article IX. (d) No vacancy on reduction of number of directors. No reduction of the authorized number of directors shall have the effect of removing any director before the director's term of office expires. (e) Restriction on interested directors. None of the persons serving on the board of directors at any time may be interested persons. Section 5. PLACE OF MEETING; MEETINGS SY TELEPHONE. Meetings of the board of directors may be held at any place within or outside the State of California that has been designated from time to time by resolution of the board. In the absence of such designation, meetings of the board shall be held at the principal executive office of the corporation. In addition, meetings of the board shall be held at any place within 11 . or outside the State of California that has been designated in the notice of the meeting. Notwithstanding the above provisions of this section, a meeting of the board of directors may be held at any place consented to in writing by all the board members, either before or after the meeting. If consents are given, they shall be filed with the minutes of the meeting. Any meeting may be held by conference telephone or by similar communication equipment, so long as all directors participating in the meeting can hear one another, and all such directors shall be deemed to be present in person at such meetings. Section 6. MEETINGS. Meetings of the board of directors shall be held without call or, notice at such times as shall from time to time be fixed by the board of directors. Meetings of the board of directors for any purpose may also be called at any time by the president, or any vice-president, the secretary, or any two directors. Section 7. NOTICE OF MEETINGS. (a) Manner of giving. Unless not required under other provisions of these by-laws, notice of the time and place of meetings shall be given to each director by one of the following methods: (i) by personal delivery or written notice; (ii) by first-class mail, postage prepaid; -(iii) by telephone communication, either directly to the director or to a person at the director's office who would reasonably be expected to communicate such notice promptly to the director; or (iv) by telegram, -charges prepaid. All such notices shall be given or sent to the director's address or telephone number as shown on the records of the. corporation. (b) Time requirements. Notices sent by first- class mail shall be deposited into a United States mail box at least four (4) days before the time set for the meeting. Notices given by personal delivery, telephoned or given to the telegraph company must be at least forty-eight (48) hours before the time of the meeting. (c) Notice contents. The notices shall state the time and place for the meeting. However, it need not specify the purpose of the meeting, or the place of the meeting, if it is to be held at the principal executive office of the corporation. 12 3! Y Section 8. QUORUM. Fifty percent (50%) of the directors then in office, but not less than five (5) directors shall constitute a quorum for the transaction of business, except to adjourn as provided in Section 10 of this Article IX. Every act or decision done or made by a majority of the board of directors present at a meeting duly held at which a quorum is present, shall be regarded as the act of the board of directors, subject to other provisions of the California Non — Profit Corporation- Law, especially those provisions. relating to (i) approval of contracts or transactions.in which a director has a direct or indirect material financial interest; (ii) appointment of committees; and (iii) indemnification of directors. A meeting at which a quorum is initially present may continue to transact business, notwithstanding thewithdrawal of directors, if any action taken is approved by at least a majority of the required quorum for that meeting. Section 9. WAIVER OF NOTICE. The transactions of any meeting of the board of directors, however called and noticed or whereever held, shall be as valid as though taken at a meeting duly held after regular call and notice if (i) a quorum is present, and (ii) either before or after the meeting, each of the directors not present signs a written waiver of notice, a consent to holding the meeting, or an approval ofthe minutes. The waiver of notice or consent need not specify the purpose of the meeting. All waivers, consents, and approvals shall be filed with the corporate records or made a part of the minutes of the meeting. Notice of a meeting shall also be deemed given to any director who attends the meeting without protesting before or at its commencement about the lack of adequate notice. Section 10. ADJOURNMENT. A majority of the directors present, whether or not constituting a quorum, may adjourn any meeting to another time and place. Section 11. NOTICE OF ADJOURNMENT. Any action required or permitted to be taken by the board of directors may be taken without a meeting, if all members of the board, individually. or collectively, consent in writing to that action. Such actions by written consent shall have the same force and effect as an unanimous vote of the board of directors. Such written consent shall be filed with the minutes of the proceedings of the board. 13 Section 12. ACTION WITHOUT MEETING. Any action required or permitted to be taken by the board of directors may be taken without a meeting, if ALL members of the board, individually or collectively, consent in writing to that action. Such action by written consent shall have the same force and effect asan unanimous vote of the board of directors.• Such written consent or consents shall be filed with the minutes of the proceedings of the board. Section 13. FEES AND COMPENSATION OF DIRECTORS. Directors and members of committees may not receive any form of compensation whatsoever. ARTICLE ELEVEN COMMITTEES Section 1. COMMITTEES OF DIRECTORS. The board of directors may, by resolution adopted by a majority of the directors then in office, designate one or more' committees, each consisting of two or more directors, to serve at the pleasure of the board. Any committee, to the extent provided in the resolution of the board, shall have all the authority of the board, except that no -committee, regardless of board resolution, may: (a) Take any final action on matters which, under the Non -Profit Corporation Law of California, also requires members' approval or approval of the outstanding shares; (b) Fill vacancies on the board of directors or in any committee; (c) Fix compensation of the directors for serving on the board or on any committee; (d) Amend or repeal By -Laws or adopt new By - Laws; (e) Amend or repeal any resolution of the board of directors which by its express terms is not so amendable or repealable; (f) Appoint any other committees of the board of directors or the members of these committees; (g) Expend corporate funds to support a nominee for a director after there are more people nominated for director than can be elected.; 14 33 (h) Approve any transaction (i) to which the corporation is a party and one or more di -rectors have a material financial interest, or (ii) to which the corporation is a party and one or more of its directors or between the corporation or any person in which one or more of its directors have a material financial interest. Section 2. EXECUTIVE COMMITTEE. (a) Theexecutive committee shall consist of the president, vice-president, treasurer, secretary and three other appointed members of the regular board. (b). The executive committee shall make recommendations to the board on matters discussed by the executive committee relating to or affecting the activities of the board and to report on any action taken. In an emergency, the executive committee shall have the power to act. Executive committee members will not sit as ex-officio members of the nominating committee. (c) A quorum shall consist of four (4) persons. Section 3. MEETINGS AND ACTION OF COMMITTEES. Meetings and actions of committees shall be governed by, and held and taken in accordance with, the provisions of Article IX of these By -Laws concerning meetings of directors, with such changes in the context of thos By -Laws as are necessary to substitute the committee and its members for the board of directors and its members, except that the time for meetings of the committees may be' determined either by resolution of the board of directors or by resolution of the committee. Meetings of the committees may also be called by resolution of the board of directors. Notice of meetings of the committees shall be given to all members of the committee and to any and all alternate members, who shall have the right to attend all meetings of -the committee. Minutes shall be kept of each meeting of any committee and shall be filed with the corporate records. The board of directors may adopt rules for the government of any committee not inconsistent with the provisions of these By -Laws. ARTICLE TWELVE OFFICERS Section 1. OFFICERS. The officers of the corporation shall be a president, a secretary, and a treasurer. The corporation may also have at the discretion of the board of directors, one or more vice- 15 presidents, and such other officers as may be appointed in accordance with the provisions of Section 3 of this Article XI. Section 2. ELECTION OF OFFICERS. The officers of the corporation, except those appointed in accordance with the provisions of Section 3 of this Article, shall be chosen from time to time by the board of directors, and each shall serve at the pleasure of the board of directors. Section 3. SUBORDINATE OFFICERS. The board of directors may appoint, and may authorize the president to, appoint, any other officer that the business of the corporation may require.. Said appointee shall have the title, hold office. for a specified period of time, and have the authority of the office and duties as specified in the By -Laws or as determined from time to time by the board of directors. Section 4. REMOVAL OF OFFICERS. Subject to the rights, if any, of an officer under any contract of employment, any officer may be removed, with or without good cause, by the board of directors, at any time at any. meeting of the board, except in case of an officer chosen by the board of directors, by an officer on whom such power of removal may be conferred by the board of directors. Section 5. RESIGNATION OF OFFICERS. Any officer may resign at any time by giving written notice to the corporation. Any resignation shall take effectat the date of the receipt of that notice or any later time specified in that notice; and, unless otherwise specified in that notice, the acceptance of the resignation shall not be necessary to make it effective. Any resignation is without prejudice to the rights, if any, of the corporation under any contract to which the officer is a party. Section 6. VACANCIES IN OFFICE. A vacancy in any office because of death, resignation, removal, disqualification or any other cause shallbe filled only in the manner prescribed in thse By -Laws for regular appointments to that office. Section 7. RESPONSIBILITIES OF OFFICERS. (a) President. The president shall, subject to the control of the board of directors, generally supervise, direct and control the business and the officers of the corporation. He or she shall preside at all meetings of the members and at all meetings of 16 3S the board of directors. He or she shall have such other powers and duties as may be prescribed by the board of directors or the By -Laws. (b) Vice-president. In the absence or disability of the president, the vice-presidents, if any, in order of their rank as fixed by the board of directors, shall perform all the duties of the president, and when so acting shall have all the power of, and be subject to all the restrictions upon, the president. The vice-president shall have such other powers and perform such other duties as from time to time may be prescribed for them respectively, by the board of directors or the president. (c) Secretary. The secretary shall attend to the following: (i) Book of minutes. The secretary shall keep or cause to be kept, at the principal executive office or such other place as the board of directors may direct, a book of minutes of all meetings and actions of the directors and committees of directors, with the time and place of holding, whether noticed or not, and, -if not noticed, how authorized, the notice given, the names of those present at such meetings, and the proceedings of such meetings. (ii) Director records. The secretary shall keep, o•r cause to be kept, at the principal executive office, as determined by resolution of the board of directors, records of the directors, showing the names of all directors and their addresses. (iii) Notices, seal and other duties. The secretary shall give or cause to be given, notice of all meetings of the board of directors required by the By -Laws to be given. He or she shall have such other powers and perform such other duties as may be prescribed by the board of directors or the By -Laws. (d) Treasurer. The chief financial officer shall attend to the following: (i) Books of account. The treasurer shall keep and maintain, or cause to be kept or maintained, adequate and correct books and records of accounts of the properties and business transactions of the corporation, including accounts of its 33(o assets, liabilities, receipts, disbursements, gains, losses, capital, retained earnings, and other matters customarily included in financial statements. The books of account shall be open to inspection by any director at all reasonable times. (ii) Deposit and disbursement of money and valuables. The treasurer shall cause to be deposited all money and other valuables in the name. of and to the credit of the corporation with such depositories -as may be designated by the board of directors; shall disburse the funds of the corporation as may be ordered by the board of directors; shall render to the president and the board of directors, whenever they request it, an account of all of the transactions and of the financial condition of the corporation; and shall have other powers and perform such other duties as may be prescribed by the board of directors or the By -Laws. (iii) Bond. If required by the board of directors, the treasurer shall give the corporation a bond in the amount and with the. surety or sureties specified by the board for faithful performance of the duties of his office and for restoration to the corporation of all its books, papers, vouchers, money, and other property of every kind in his possession or under" his control on his death, resignation, retirement or removal from office. ARTICLE THIRTEEN EXECUTIVE DIRECTOR Section 1. APPOINTMENT. The board of directors shall appoint an executive director of the corporation, fix his/her salary and compensation, and prescribed the term of his/her employment. Section 2. DUTIES. The executive director shall manage the day-to-day affairs and direct the work and employees of the corporation, subject to, and in accordance with the direction of the board of directors; shall prepare budgets of expenses for the approval of the board of directors, and shall be authorized to incur expenses in accordance with the approved budget, or as directed by the board 1R of directors. The executive director shall attend all meetings of the board of directors, unless otherwise directed by the board of directors, and shall be an ex-officio member of all committees. The executive director shall from time to time make reports of the work and affairs of the corporation to the president and the board of directors at its meetings, and shall have other powers and duties as directed by the board of directors. ARTICLE FOURTEEN INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER AGENTS Section 1. DEFINITIONS. For the purpose of this Article, (a) "Agent" means any person who is or was a director, officer, employee, or other agent of this corporation, or is or was serving at the request of this corporation as a director, officer, employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust, or other enterprise, or was a director, officer, employee, or agent of a foreign or -domestic corporation or of another enterprise at the request of the predecessor corporation; (b) "Proceeding" means any threatened, pending, or completed action or proceeding, whether civil,. criminal, administrative, or investigative; and, (c) "Expenses" means and includes, 'without limitations, all attorney's fees, costs and any other expenses incurred in the defense of any claims or proceedings against an agent by reason of his position or relationship as agent and all attorney's fees, costs and other expenses incurred in establishing a right to indemnification under this Article. Section 2. SUCCESSFUL DEFENSE BY AGENT. To the extent that an agent of this corporation. -has been successful on the merits in the defense of any proceeding referred to in this Article, or in the defense of any claim, or matter therein, the agent shall be indemnified against expenses actually and reasonably incurred by the agent in connection with the claim. If an agent either settles any such claim or sustains a judgment rendered against him, then the provisions of Sections 3 through 5 shall determine whether the agent is entitled to indemnification. 19 Section 3. ACTIONS BROUGHT BY PERSONS OTHER THAN THE CORPORATION. Subject to the required findings to be made pursuant to Section 5 below, this corporation shall indemnify any person who was or is a party, or is threatened to be made a party, to any proceeding other than an action brought by, or on behalf of, this corporation, or by an officer, director or person granted related status by the Attorney General, or by the Attorney General on the ground that the defendant director was or is engaging in self — dealing within the meaning of California Corporations Code Section 5233, or by the Attorney General or a person granted status by the Attorney General for any breach of duty relating to assets held in charitable trust, by reason of the fact that such person is or was an agent of this corporation, for all expenses, judgments, fines, settlements, or other amounts actually and reasonably incurred in connection with the proceedings: Section 4. ACTION BROUGHT BY OR ON BEHALF OF THE CORPORATION. (a) Claims settled out of court. If any agent settles orotherwise disposes of a threatened or pending action brought by or on behalf of this corporation, with or without court approval, the agent shall receive no indemnification for either amounts paid pursuant to the terms of the settlement or other disposition or for any expenses incurred in defending against the proceeding. (b) Claims and suits awarded against agent. This corporation shall indemnify any person who wasor is a party or is threatened to be made a party to any threatened, pending or completed action brought ry or - on behalf of this corporation by reason of the fact that the person is or was an agent of this corporation, for all expenses actually and reasonably incurred in connection with the defense of that action, provided that both of the following are met: (i) The determination of good faith conduct required by Section 5 below, must be made in the manner provided for in that section; and, (ii) Upon application, the court in which the action was brought must determine that, in view of all the circumstances of the case, the agent should be entitled to indemnity for the expenses incurred. If the agent is found to be so entitled, the court shall determine the appropriate amount of expenses to be reimbursed. 20 3? Section 5. DETERMINATION OF AGENT'S GOOD FAITH CONDUCT. The indemnification granted to an agent in Sections 3 and 4 above is conditioned on the following: (a) Required standard of conduct. The agent seeking reimbursement must be found, in the manner provided below, that he acted in good faith, in a manner he believed to be in the best interest of this corporation, and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use in similiar circumstances. The termination of any proceeding by judgment, order, settlement, conviction, or on a plea of nolo contendere or its equivalent shall not, of itself, creat a presumption that the person did not act in good faith or in a manner which he reasonably believed to be in the best interest of this corporation or that he had reasonable cause to believe that his conduct was unlawful. In the case of a criminal proceeding, the person must have had no reasonable cause to believe that his conduct was unlawful. (b) Manner of determination of Good faith conduct. The determination that the agent did act in a manner complying with Paragraph (a) above shall be made by: (i) the board of directors by a majority vote of a quorum consisting of directors who are not parties to the proceeding; or (ii) the court in which the proceeding is or was pending. Such determination may be made on application brought by this corporation or the agent or the attorney or other person rendering a defense to the agent, whether or not the application by the agent, attorney, or other person is opposed by the corporation. Section 6. LIMITATIONS. No indemnification or advance shall be made under this Article, except as provided for in Sections 2 or 5(b)(ii), in any circumstances when it appears: (a) That the indemnification or advance should be inconsistent with a provision of the articles, a resolution of the directors, or an agreement in effect at the time of the accrual of the alleged cause of action asserted in the proceeding in which the expenses were incurred or other amounts were paid, which prohibits or otherwise limits indemnification; or, (b) That the indemnification would be inconsistent with any condition expressly imposed by a court in approving a settlement. 21 Section 7. ADVANCE OF EXPENSES. Expenses incurred in defending any proceeding may be advanced by this corporation before the final disposition of the proceeding on receipt of an undertaking by or on behalf of the agent to repay the amount of the advance unless it is determined ultimately that the agent is entitled to be indemnified as authorized in this Article. Section 8. CONTRACTUAL RIGHTS OF NONDIRECTORS AND NONOFFICERS. Nothing contained in this Article shall effect any right to indemnification to which persons other than directors and officers of this corporation; or any subsidiary hereof, may be entitled by contract or otherwise. Section 9. INSURANCE. The board of directors may adopt a. resolution authorizing the purchase and maintenance of insurance on behalf of any agent of the corporation against any liability asserted against or incurred by the agent in such capacity or..arising out of the agent's status as such, whether or not this corporation would have the power to indemnify the agent against that liability under the provisions of this section. Section 10. FIDUCIARIES OR CORPORATE EMPLOYEE. BENEFIT PLAN. This Article does not apply to any proceeding against any trustee, investment manager, or other fiduciary of any employee benefit plan in that person's capacity as such, even though that person may also be an agent of the corporation as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trustee, investment manager, or other fiduciary may be entitled by contract or otherwise, which shall be enforceable to the extent permitted by applicable law. Section 1. ARTICLE FIFTEEN RECORDS, REPORTS AND FISCAL YEAR INSPECTION RIGHTS. Any member of the corporation may: (a) Inspect and copy the records of members' names and addresses and voting rights during usual business hours on five days' prior written demand on the corporation, stating the purpose for which the inspection rights are requested; and, (b) Obtain from the secretary of the corporation, on written demand and on the tender of the secretary's usual charges for such a list, if any, a list of names and addresses of the members who are entitled to vote for the election of directors, and their voting rights, as of the most recent record date for which that list has been compiled, or as of a date specified by the member after the date of demand. .The demand shall state the purpose for which the list is requested. This list shall be made available to any such member by the secretary on or before the date requested in the demand, but not later than ten (10) days from the date the demand is received. Any inspection and copying under this section may.be made in person or by an agent or attorney of the member and the right of inspection includes the right. to copy and make extracts. Section 2. MAINTENANCE AND INSPECTION OF ARTICLES AND BY - The corporation shall keep at its principal executive office, or if its principal executive office is not in the State of California, at its principal business office i as ea state, the original or a copy of the Articles and By - "date, which shall be open to inspection by the members at any and all reasonable times during office hours. If the principal executive office of the corporation is outside the State of California and the corporation has no principal business office in this state, the secretary shall, on the written request ofany y member, furnish to that member a copy of the Articles and By - as amended. to date. Section 3. MAINTENANCE AND INSPECTION OF OTHER CORPORATE RECORDS. The accounting books, records, and minutes of proceedings of the members and the board of directors and any committee(s) of the board of directors shall be kept at such place or places designated by the board of directors, or, in the absence of such designation, at the principal executive office of the corporation. The minutes shall be kept either in written or typed form, and the accounting books and records shall be kept either in written or typed form or in any other form capable pmbleTof of being converted into written, typed, or printed 'tes and accounting books and records shall be open to inspection on the written demand of any member, at any reasonable time during usual business hours, for a purpose reasonably related to the member's interest as a member. The inspection may be made in person or by an agent or attorney, and shall include the right to copy and make extracts. LAWS. Section 4. INSPECTION BY DIRECTORS. Every director shall have the absolute right at any reasonable time to inspect all books, records, and documents of every kind and the physical properties of the corporation and each of its subsidiary corporations. This inspection by a director may be in person or by an agent or attorney, and the right of inspection includes the right to copy and make extracts of documents. Section 5. ANNUAL REPORTS TO MEMBERS. The annual report to members referred to in the California Non -Profit Corporation Law is expressly dispensed with, but nothing in these By -Laws shall be interpreted as prohibiting the board of directors from issuing such annual or other periodic reports to any person as the board considers appropriate. However, the corporation shall provide to the board of directors, and to those members who request it in writing, within 120 days of the close of its fiscal year, a report containing the following information in reasonable detail: (a) The assets and liabilities, including the trust funds, of the corporation as of the end of the fiscal year; (b) The principal changes in assets and liabilities, including trust funds, during the fiscal year; (c) The revenue or receipts of the corporation, both unrestricted and restricted to particular. purposes, for the fiscal year; (d) The expenses or disbursements' of the corporation, for both general and restricted purposes, during the fiscal year; and, (e) Any information required by California Corporation Code Section 6322. Section 6. FISCAL YEAR. The fiscal year shall be from July 1 through June 30. ARTICLE SIXTEEN CONSTRUCTION AND DEFINITIONS Unless the context requires otherwise, the general provisions, rules of construction, and definition s in the California Non -Profit Corporation Law shall govern the construction of these By -Laws. Without limiting the generality of the above, the masculine gender includes the feminine and 'a Exhibit "E" Certificate of Good Standing Boys & Girls Club of National City attended the Community Development Block Grant Technical Assistance Workshop on June 13, 2006 and received the following items: ■ Playing by the Rules, A Handbook for CDBG Subrecipients on Administrative Systems ■ CFR Title 24- Housing and Urban Development, CDBG Regulations ■ Quarterly and End of the Year Reporting Forms ■ Compliance and Performing Monitoring Tool ■ Expenditure Reimbursement Claim Form ■ Income Data Form Qualifying Clientele ■ Beneficiary Data Summary- Definitions and Guidelines These documents will assist Subrecipients with new U.S Department of Housing and Urban Development and City of National City reporting requirements. Leticia Quintero, Program Administrator Exhibit "Fr Affirmative Action Policy 1. Provision of Program Services a. SUB -RECIPIENT shall not, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG funds. b. SUB -RECIPIENT shall not under any program or activity funded in whole or in part with CDBG funds, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap: 1) Deny any facilities, services, financial aid or other benefits provided under the program or activity; or 2) Provide any facilities, services, financial aid, or other benefits which are different or are provided in a different form from that provided to others under the program or activity; or 3) Subject to segregated or separate treatment in any facility in, or in any matter of process related to receipt of any service or benefit under the program or activity; or 4) Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity; or 5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services, or other benefits provided under the program or activity; or 6) Deny any opportunity to participate in a program or activity as an employee. c. SUB -RECIPIENT may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race, religion, color, national origin, sex, sexual preference, or handicap, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular race, religion, color, national origin, sex, sexual preference or handicap. d. SUB -RECIPIENT, in determining the site or location of housing or facilities provided in whole or in part with CDBG funds, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination on the grounds of race, color, national origin, or sex, or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto: e. In administering a program or activity funded in whole or in part with CDBG funds regarding which the SUB -RECIPIENT has previously discriminated against persons on the grounds of race, religion, color, national origin, sex, sexual preference or handicap, the g. SUB -RECIPIENT must take affirmative action to overcome the effects of prior discrimination. f Even in the absence of such prior discrimination, a SUB -RECIPIENT in administering a program or activity funded in whole or in part with CDBG funds should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin, or sex. Where previous discriminatory practice or usage tends, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, to exclude individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program or activity to which CDBG funding applies, the SUB -RECIPIENT has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964. A SUB -RECIPIENT shall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. Notwithstanding anything to the contrary in Sections 7. 1. (a. through h.), nothing contained herein shall be construed to prohibit any SUB -RECIPIENT from maintaining or constructing separate living facilities or rest -room facilities for the different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed only by a member of the same sex as the recipients of the services. 2. Employment Discrimination a. SUB -RECIPIENT shall not discriminate against any employee or application for employment because of race, color, religion, sex, national origin, age, or handicap. SUB - RECIPIENT shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, age, or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rate -of -pay or other forms of compensation and selection for training including apprenticeship. SUB -RECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. b. SUB -RECIPIENT shall, in all solicitations or advertisements for employees placed by or on behalf of SUB -RECIPIENT, state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or handicap. c. SUB -RECIPIENT shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the CDC's contracting officers, advising the labor union or workers' representative of SUB -RECIPIENT'S commitments under Section 202 of Executive Order No. 1124,6 of September 24, 1965, and shall post copies of the notices in conspicuous places available to employees and applicants for employment. d. SUB -RECIPIENT shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.. e. SUB -RECIPIENT shall furnish to the CDC all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the related rules, regulations, and orders. g In the event of SUB -RECIPIENT'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and SUB -RECIPIENT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. SUB -RECIPIENT shall include the provisions of Section II. J. 2. (a. through f ), "Affirmative Action Policy," paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. SUB -RECIPIENT shall take such action with respect to any subcontract or purchase order as the CDC may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event SUB -RECIPIENT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CDC, SUB - RECIPIENT may request the United States to enter into such litigation to protect the interests of the United States. h. SUB -RECIPIENT shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). SUB -RECIPIENT shall also provide ready access to and use of all CDBG fund -assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.). S. Remedies: In the event of SUB -RECIPIENT'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and SUB -RECIPIENT may be declared ineligible for further government contracts and any such other sanctions as may be imposed and remedies invoked as provided by law. Subrecipient Agreement By and Between the City Of National City and Community Youth Athletic Center for Program Development THIS AGREEMENT, entered this 19th day of September, 2006 by and between the City Of National City (herein called the "Grantee") and Community Youth Athletic Center (herein called the "Subrecipient"). WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE A. Activities:. The Subrecipient will be responsible for administering the CDBG 2006 Program Development in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. «Description» Such program will include activities eligible under the Community Development Block Grant program as specified in Exhibit "A", attached and incorporated herein. National Objectives: All activities funded with CDGB funds must meet one of the CDBG program's National Objectives: benefit low- and moderate -income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet the National Objective of serving Low Income Persons C. Levels of Accomplishment — Goals and Performance Measures: The levels of accomplishment may include such measures as units rehabbed, persons or households assisted, or meals served, and should also include time frames for performance. Refer to Exhibit "A" for levels of program services. D. Staffing: Subrecipient shall be responsible for staff and time to be allocated to each activity, as set forthin Exhibit B, attached hereto and incorporated herein. E. Performance Monitoring: The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE: Services of the Subrecipient shall start on the 1 clay of July, 2006 and end on the 30th day of June of 2007 in the case of Public Services and in the case of Capital Improvernents end on June 30, 2009. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. Subrecipient Agreement Page I of 13 III. BUDGET: Any indirect costs charged must be consistent with the conditions of Paragraph VII (C)(2) of this Agreement. Subrecipient shall adhere to the budget breakdown, attached as Exhibit "C" and incorporated herein. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient. IV. PAYMENT: It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $20,000. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. V. NOTICES: Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: Contact Person: Leticia Quintero, Economic Development Specialist II Organization: City of National City Address: 140 East 12th Street, Suite B National City, CA 91950 Telephone: (619)386-4568 Email: luintero@ci.national-city. ca. us Contact Person: Elizabeth Barragan Director Organization: Community Youth Athletic Center Address: 1018 National City Boulevard National City, CA 91950 Telephone: (619) 474-2922 Email: VI. GENERAL CONDITIONS A. General Compliance: The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient's environmental responsibilities described in 24. CFR 570.604, and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. "Independent Contractor": Nothing contained in this Agreement is intended to, or shall be construed in ary manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all tirnes remain an "independent contractor" with respect to the services to he performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. Subrecipient Agreement Page 2 of 13 C. Hold Harmless: The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers' Compensation: The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. E. Insurance & Bonding: The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantee Recognition: The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient. H. Suspension or Termination: In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect, The Grantee shall have the right, in accordance with 24 C.F.R. 85.43, to terminate this Agreement immediately or withhold payment of invoice for failure of the SUB -RECIPIENT to comply with the terms and conditions of this Agreement. Should the Grantee decide to terminate this Agreement, after a full evaluation of all circumstances has been completed, the SUB -RECIPIENT shall, upon written request, have the right to an appeal process. A copy of the appeal process will be attached to any termination notice. If the Grantee finds that the SUB -RECIPIENT has violated the terms and conditions of this Agreement, the SUB -RECIPIENT may be required to I. Repay all monies received from the Grantee under this Agreement; and/or 2. Transfer possession of all materials and equipment purchased with grant money to the Grantee. Subrecipient Agreement Page 3 of 13 SI In the case of early termination, a final payment may be made to the SUB -RECIPIENT upon receipt of a Final Report and invoices covering eligible costs incurred prior to termination. The total of all payments, including the final payment, shall not exceed the amount specified in this Agreement. I. Termination for Convenience In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Sub -recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. Grantee and sub -recipient agree to provide written notice to the other party thirty (30) days prior to the effective date of any termination, in whole or part, for convenience. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 2. Accounting Standards: The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal. controls, and maintain necessary source documentation for all costs incurred. 3. Cost Principles: The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping Records to be Maintained: The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention: The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later_ Client Data: The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not he limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. Subrecipient Agreement Paae4ofls Disclosure: The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by the State and for Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs: The Subrecipient's obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits & Inspections: All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and OMB Circular A-133. 7. Additional Documentation: Subrecipient agrees to provide a list of its Board of Directors, By - Laws, a Certificate of Good Standing, and any additional documents, as required in Exhibit "D" and "E", attached and incorporated herein. C. Reporting and Payment Procedures Program Income: The Subrecipient shall report quarterly all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Grantee at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. 2. Indirect Costs: If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 3. Payment Procedures: The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate binds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient. Progress Reports: The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee. Subrecipient Agreement Page 5 of 13 D. Procurement: 1. Compliance: The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement. OMB Standards: Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. 3. Travel: The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets: The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement [or such longer period of time as the Grantee deems appropriate]. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute prograrn income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the Grantee deems appropriate]. S. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG prograrn or (b) retained after compensating the Grantee an amount equal to the current fair market. value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. VIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT: The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. [The Grantee may preempt the optional policies.] The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. IX. PERSONNEL & PARTICIPANT CONDITIONS Civil Rights Subrecipient Agreement P ge0ofl. gq Compliance: The Subrecipient agrees to comply with local and state civil rights ordinances here and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Nondiscrimination: The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 4. Land Covenants: This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504: The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. Affirmative Action 1. Approved Plan: The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds, consistent with the policy in Exhibit "F", attached hereto and incorporated herein. 2. Women- and Minority -Owned Businesses (W/MBE): The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records: The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Subrecipient Agreement Page 7 of 13 SS- 4. Notifications: The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement: The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions: The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity: The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards: The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph 3. "Section 3" Clause a. Compliance: Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through hich Subrecipient Agreement Page S of 1.9 Conduct c. Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. Notifications: The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. Subcontracts: The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 155 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Assignability: The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become clue to the Subrecipient from the Grantee under this contract may be Subrecipient Agreement Page 9 of 13 c' 7 assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts: a. Approvals: The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. b. Monitoring: The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content: The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process: The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. Hatch Act: The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest: The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal fiends. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. 5. Lobbying: The Subrecipient hereby certifies that a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an, officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Subrecipient Agreement ['acre le of 13 Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying Certification: This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright: If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Activities: The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. X. ENVIRONMENTAL CONDITIONS A. Air and Water: The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: • Clean Air Act, 42 U.S.C. , 7401, etseg.; • Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; • Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection: In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint: The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG- assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should he taken when dealing with lead -based paint poisoning and the advisability and availability of Subrecipient Agreement Pane 11 of 13 t1 blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation: The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. XI. SEVERABILITY: If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless he in full force and effect. XII. SECTION HEADINGS AND SUBHEADINGS: The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. XIII. WAIVER: The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches: The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XIV. INTERPRETATION OF THE AGREEMENT: The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. The Agreement does not limit any other rights or remedies available to the Grantee. The SUB -RECIPIENT shall be responsible for complying with all local, state, and federal laws whether or not said laws are expressly stated or referred to herein. Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not containing such revision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are severable. XV. ATTORNEY'S FEES: In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of, this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non -prevailing party all reasonable attorney's fees, costs, and expenses incurred by the prevailing party. XVI. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement. Subrecipient Agreement I'age 12 of 13 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF NATIONAL CITY Nick Inzunza Mayor, City of National City APPROVED AS TO FORM George Eiser City Attorney ATTEST City Clerk Attachments Exhibit "A" - Exhibit "B"- Exhibit "C"- Exhibit "D"- Exhibit "E"- Exhibit "F"- COMMUNITY YOUTH ATHLETIC CENTER Elizabtl Director - -y-,�u arragan Program Delivery & Levels of Service Staffing Budget Board of Directors & Bylaws Certificate of Good Standing Affirmative Action Policy Subrecipient Agreement Page 13 of 13 ip 1 Exhibit "A" Program Delivery & Levels of Service Amateur Boxing & Fitness Program: Provides after -school and year around delinquency prevention to males and females, ages 9-18 years 140 youth monthly and 1,700 annually. The CYAC Boxing & Fitness Program provides delinquency prevention services through a community based center offering boxing, free weights activities and educational opportunities. Service area Greater National City communities Educational Enhancement Program: Provides youth with community based after school alternative to idle time. Activies are provided to 60 youth monthly and 720 annually. CYAC educational programming provides prevention and intervention services to hard to reach youth using homework assistance, Leadership workshops, filming and editing classes and educational outings. Special Events Program: Provides youth opportunity to showcase their talent showcase talent and reach their full potential. Program services 30 youth monthly and 760 annually. Events expose youth to positive people and other surroundings. Past events have been Thanksgiving dinners, Christmas Outreaches, various National tournaments. 03 Exhibit "B" Staffing Elizabeth Barragan, Director Programs Hours Monthly Amateur Boxing & Fitness Program 90 Educational Enhancement Program 24 Special Events 20 Carlos Barragan Sr., Recreation Supervisor Programs Hours Monthly Amateur Boxing & Fitness Program 80 Educational Enhancement Program 16 Special Events 30 Exhibit "C" Budget Personal Amount Funding Source Salaries $20,000 (City of National City) Non personal Utility $3,100 Printing 237 Professional Service 4,800 Licenses 3,400 Property Taxes 1,400 Sports Equipment 2,500 Youth travel 7,500 Office 1,200 Insurance 1,800 Total $25,937 (Fundraising, Private Sector) cps Exhibit "D" Community Youth Athletic Center Board Officers Clemente Casillas, President Business Owner Carlos Varela, Secretary San Diego County District Attorney's Office Pat Russell California Athletic Commission Judge & referee Victor Nunez, Vice President San Diego County, District Attorney's Office Vince Lopez, Treasurer San Diego County District Attorney's Office Dr. Gerald Farrow Retired Doctor Pears Quinones Danny Magginni Sweetwater Union Board Member Barona Band of Mission Indians Greg Thompson Ernie Carrillo Sheriff Department Sheriff Department Reyes Franco San Diego County District Attorney's Office BYLAWS OF COMMUNITY YOUTH ATHLETIC CENTER a California Nonprofit Public Benefit Corporation ARTICLE I NAME The name of this corporation is COMMUNITY YOUTH ATHLETIC CENTER ARTICLE II OFFICES SECTION 2.01. PRINCIPAL OFFICE The principal office for the transaction of the activities and affairs of the ct.rparation ("principal office") is located .at 2I07 Wooden St. -;Ste. A San Diego County, California. the Board of Directors"("the Board") may change the. principal office from one location to another. Any change of location; of the principal office shall be noted by the Secretary on, these By-laws -opposite this section, or this section may be ;amended to state the new location. SECTION.2.02. OTHER. OFFICES The Board may at any time establish branch or subor- dinateoffices opt any -place or places where the corporation is qualified tc''conduct its activities. ARTICLE III PURPOSES AND LIMITATIONS SECTION 3.01. PURPOSES • Th;:es corporation is a nonprofit public benefit cor- e poration and is not organized for the private gain of any person. It is organized under the California Nonprofit Public Benefit Corporation Law for charitable and public our poses. This corporation is organized exclusively for chari- table purposes within the meaning of Section 501(c)(3) of the. Internal Revenue Code of 1986 (or the corresponding provision Of any future united State Internal Revenue Law). Notwithstanding any other provision of these Bylaws, this corporation shall not, except to an insubstantial degree, carry on or engage in env activities or exercise any powers po biic btnefit 67 r that are not in furtherance of the purposes ,of this_cor- poration, and the corporation shay_ not carry on any other activities not permitted to be carried on (i) by a cor- poration exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986 (or, the corresponding provision of any future United States Internal Revenue Law); (ii) by a corporation, contributions to which are deductible under Section 170(c-)(2•) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law). SECTION 3.02. LIMITATIDNS (a) Political activity. No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence;legislation, and this corporation shall not participate in or intervene in (including the publishing or distributing of/statements in connection with) any political campaign on behalf of any can- didate for public office. t. (b) Property. The property, assets, profits and net inctsme are dedicated irrevocably to,, the purposed set forth in Section 3.01 above. No part of, the profits of: net earnings of this corporation shall ever `inure to the benefit of any of its Directors, trustees, officers, members (if any), employees, or to the benefit! of anyu-private individual. (c) Dissolution. Upon the winding up and dissolu- tion of this corporation, after paying or adequately pro- viding for the payment of the debts, obligations and liabili- ties of the corporation, the remainifg assets of this cor- poration shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable purposes and which has established its tax- exempt status under Section 501(c(3) of the Internal Revenue Code. of 1986 (or the corresponding provision of any future United States Internal Revenue Law.) public Scnefic 08 94. ARTICLE ZIT MEMBERSHIP This corporation mall have no members. -2(a)- public benefit ARTICLE V DIRECTORS SECTION 5.01. POWERS (a) General corporate powers... Subject to the pro- visions and limitations of the California Nonprofit Public Benefit Corporation Law and any other applicable laws, and any limitations of the Articles of Incorporation and of these Bylaws, the activities and affairs. of the corporation shall be managed, and all corporate powers shall be exercised, by or under the direction of the Board. (b) Specific Powers. Without prejudice to these general powers, but subject to the same limitations; the Directors shall have the power to: (i) Appoint and remove, at the pleasure of the Board, all officers, agents and employees of the corporati.ont prescribe powers and duties for them that am consistent with law, with the Articles of Incorporation and with these Bylaws; and fix their compensation and ,require from f`them security for faithful performance of their:duties. (ii) Change the principal office or the prin- cipal business office in the state of California `from one location to another; cause the corporation to be qualified to conduct its activities in any other state, territory, depen- dency or country and conduct its activities within or outside the State of California; and designate any place within or outside the State. of California for%,,the holding of any meeting, including annual meetings. (iii) adopt and use a corporate seal and alter the form thereof. (iv) 'Borrow money and incur indebtedness on behalf of the corporation and cause to be executed and deli- vered for the purposes of the :corporation, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations and other evidences of debt and securities: SECTION 5.02. NUMBER AND SELECTION OF DIRECTORS AND RESTRICTIONS ON 'DIRECTORS (a) Authorized. number. The authorized number of Directors shall be eight (8) Directors need not be resi- dents of the State of California. follows: (b) Selection. The Board shall be selected as pubiic benefit (i) Initial Directors. The initial Board mem-• hers shall be elected by the incorporator(s) named in the corporation's Articles of Incorporation.- (ii) Subsequent Directors. At the expiration or earlier termination of the terms of office of the initial Directors, their successors shall be chosen by a majority vote of the members of the Board then in. office, whether or not less than a quorum, or by a sole remaining Director. (c) Restrictions on Directors. Not more than forty-nine percent (49%) of the persons serving on the Board may be interested persons. An interested person is U(l) any person being compensated by the corporation for services ren- dered to it within the previous twelve (12) months, whether as a full-time or part-time employee, independent contractor, or otherwise; and (2) any brother, sister, ancestor, descen- dant, sptiuse, brother-in-law, sister-in-law;; son-in-law, daughter-in-law, mother-in-law or father-in-law,:of such per; son: However, any violation of the provisions of this paragraph shall not affect the validity or enforceability of any transaction entered into by the corporation. A Director may not participate in any vote on any pr,posed transaction with another organization or entity of which such Di.rectot is' also an employee, principal or Director. SECTION 5.03. TERM OF OFFICE OF ?IRECTORS, The Directors newly appointedor selected in accor- dance with section 5.02(b) shall hold office for a term of one (1) year. SECTION 5.04. VACANCIES (a) Events causing vacancy. A vacancy or vacancies on the Board shall exist on the occurrence of the following: (1) the death, remov4, suspension or ref ignation of any Director; or. (ii) the declaration ,by resolution of the Hoard of a vacancy in' the office of a Director who has been declared of unsound mind by an order of court or convicted of a felony or has been found by final order or judgment. of any court to have breached a duty under sections 5230 and following of the California Nonprofit Public Benefit Corporation Law. (b) Resignations. Except as provided in this sub- section, any Director may resign effective upon giving writ- ten notice to the Chairman of the Board, if any, or the President or the Secretary of the Board, unless such notice specifies a later time for the resignation to become effec- tive. Except upon notice to the _Attorney General of the State of California, no Director may resign when the cor- poration would then be left without a duly elected Director or Directors in charge of its affairs. i rim tC:l�`[ 1r (c) Filling vacancies. Any vacancy on the Board shall be filled by vote of the remaining Directors, whether or not less than a quorum or by a sole remaining Director. (d) No vacancy on reduction of number of Directors. No reduction of the authorized number of Directors shall have the effect of removing any Director before the Director's term of office expires. SECTION 5.05. PLACE OF MEETINGS; MEETINGS BY TELEPHONE Meetings of the Board shall be held at the principal office of the corporation or at such other place as has been designated by the Board. In the absence of any such designa- tion, meetings shall be held at the principal office of the corporation. Any meeting may be held by conference telephone or similar communication equipment, so long as all Directors participating in the meeting can hear one and'ther, and all such Directors shall be deemed to be present in person at such meeting. SECTION 5.06. ANNUAL, REGULAR AND SPECIAL MEETINGS, V (a) Annual Meeting. The Board shill hold an annual meeting in conjunction with the regularly scheduled Board meeting in the month of February of each year for the purpose of organization, election of offi6ers and the tran- saction of other business; provided, however, that the Board may fix another time for the holding of its annual meeting. Notice of this :meeting shall not be required. (b) Other Regular Meetings. The Board shall hold at least (4) regular business meetings throughout the year; said meetings shall be held without call and on a date to be fixed by resolution of the Board; provided, however, any given monthly meeting may be dispensed with by majority vote of the Board. Such :regular meetings may be held without notice. . (c) Special Meetings. (i) Authority To Ca11. Special meetings of the Board for any purpose may be called at any time by the Chairman of the Board, if any, the President Or any Vice President, or the Secretary or any two Directors. (ii) Notice. A. Manner of Giving Notice. Notice of the time an lace of special meetings s hall be given to each n rector btf one of the following methods: 1. by personal delivery of written n Ot is e; before or after the meeting. The waiver of notice or consent need not specify the purpose of the meeting. All such waivers, consents and approvals shall be filed with the cor- porate records or made a part of the minutes of the meetings. Notice of a meeting need not be given any Director who attends the meeting without protesting before or at its com- mencement the lack of notice to such Director. SECTION 5.09. ADJOURNMENT A majority of the Directors present, whether or not a quorum is present, may adjourn any meeting to another time and place. SECTION 5.10. NOTICE OF ADJOURNED MEETING Notice of the time and place of holding an adjourned meeting need not be given, unless the original meeting is -adjourned for more than twenty-four (24) hours, in which case notice of any adjournment to another time and place shall be given before the time of the adjourned meeting to the Directors who were not present at the time of the adjourn- ment.. SECTION 5.11. ACTION WITHOUT MEETING Any action required or permitte&to be taken by the Board may be taken without a meeting, if all members of the Board consent in writing to that action. Such action by written consent shall have the same force and effect as any other validly approved action of ,.the Board-. Such written consent or consents shall be filed with the minutes of the proceedings ef the Board. For the purposes of this Section 5.11 only, "all members of the Board" shall not include Directors who have a material. financial interest in a trans- action to which the corporation is a party. rlb}FC beset 73 ARTICLE VI COMMITTEES SECTION 6.01. COMMITTEES OF THE BOARD The Board, by resolution adopted by a majority of the Directors then in office, may create one or more commit- tees, each consisting of two or more Directors, to serve at the pleasure of the Board. Appointments to committees of the Board shall be by majority vote of the Directors then in office. The Board may appoint one or more.,Directors as alternate members of any such committee, who may replace an absent member at any meeting. Any such committee, to the extent provided in the resolution of the Board, shall have all of the .authority of the Board, except that no committee, regardless of Board resolution, may: p�biic he^eft (a) fill vacancies on the Board or in which has the authority of the Board; (b) establish or fix compensation of for serving on the Board or on any committee; any committee the Directors (c) amend or repeal Bylaws or adopt new Bylaws; (d) amend or repeal any resolution of the Board which by its express terms is not so amendable or repealable; (e) appoint any other committees of the Board or the members of these committees; (f) approve any contract or transaction to which the corporation is a party and. in which one or more of its Directors has a material financial interest, except as such approval is provided for in Section 5233 { cl) (3) of the California Corporations Code. SECTION 6.02. MEETINGS AND ACTIONS OF THE COMMITTEES Meetings and action of committees of the Board tshall be governed by, held and taken in accordance with the provi— sions of Article V of these Bylaws, concerning meetings and other action of the Board, except that the time for regular meetings of such committees and the moiling of special meetings thereof may be determined either by resolution of the Board or, if there is no Board resolution, re of the committee of the Board. Minutes shall bebkept sofution each meeting of any committee of the Board and shall be filed with the corporate records. The Board may adopt rules for the government of any committee not inconsistent with provi— sions of these Bylawstheed or in the absence of .rules adopted by the Bard, the committee may adopt such rules. ARTICLE VII OFFICERS SECTION 7.07. OFFICERS The officers of the corporation crporation shall include a a Secretary, and a ChiefFinancial Officer. corporation may �z_ce> . The also have, at she Board's discretion Chairman of the Board, one or more Vice P- a Presidents, one or more assistant Secretaries, one or more assistant Treasurers, and such'other officers as may be appointed in accordance with Section 7.03 of these Bylaws. Any number of offices may be held by the same person; except that` nor the Chief p neither ^Cr the Secretary Financial Officer may serve concurrently as either the President or the Chairman of the Board. -8- Gli s- SECTION 7.02. ELECTION OF OFFICERS The officers of the corporation, except those appointed in accordance with hl t be provisions chosen byof}neSection Board7. 7.03 of this Article Vil, of Directors, and each shall serve at the pleasure of the Board, subject to the rights, if any, of an officer under any contract -of employment. SECTION 7.03. OTHER OFFICERS The Board may appoint and may authorize the Chairman of the Board or the President or another officer to appr any other officers that the corporation may require, each of whom shall have the title, hold office for the period, have the authority and perform the duties specified in the Bylaws or determined from time to time by the Board. SECTION 7.04. REMOVAL OF OFFICERS Subject to the rights, if any, of an officer under any contract of employment, any officer may be removed, wi or without cause, by the Board of Directors, or, except in case of an officer chosen the -Board may be Directors, confer conferred by the officer on whomomsuch power of removal Board of Directors. SECTION 7.05. RESIGNATION OF OFFICERS Any officer may resign upon written notice to the he corporation without prejudice to the rights, if f ny, any (�.F. to w i r. the r; nar is a contract i�E3tVVtativit ui`ider Party. SECTION 7.06. VACANCIES IN OFFICE A vacancy ocCurrina in any office because of death, resignation, removal or other cause, shall be filled in the manner prescribed in these Bylaws for regular appointments to that office. SECTION 7.07. RESPONSIBILITIES 07 OFFICERS (a) Chairman of the Board. If a Chairman of the Board is elected, he or she shall preside at meetings of the Board and shall exercise and perform such other powers and duties as the Board may assign from time to time. If there also. be the is no President, the Chairman of the Board shall Chief Executive Officer and shall have the powers and duties of the Corporation _ rasc,-; rimed by these of the President � Bylaws. ntnefit 1 W (b) President/Chief Executive Officer. Subject to the control and supervision of the Board, the President shall be the Chief Executive Officer and general manager of the corporation and shall generally supervise, direct and control the activities and affairs and the officers of the cor- poration. The President, in the absence of the Chairman•of the Board, or if there be none, shall preside at all meetings of the Board. The President shall have such other powers and duties as may be prescribed by the Board or these Bylaws. (c) Vice Presidents. In the absence or disability of the President, the. Vice Presidents, if any, in order of .their rank, shall .perform all of the duties of the President, and, when so acting, shall have all the powers of and be sub- ject to all of the restrictions upon the President. The Vice Presidents shall have such other powers- and perform such other duties.as from time to time may be prescribed for them by the Board or the Bylaws. (d) Secretary. (i) Book of minutes. The Secretary shall keep or cause to be kept, at the principal office or such ('other place as the Board may direct, a book of minutes of all meetings and actions of the Board •and of committees of the Board. The Secretary shall also keep, or cause to be kept, at the principal office in the State of California, a copy of the Articles of Incorporation and Bylaws, as amended to date. If the corporation is one having members, the Secretary shall also maintain a complete and accurate record of the mem- bership of the corporation, as well as a record of the pro- ceedings of all meetings of the membership. (ii) Notices, seal and other duties. The Secretary shall give, or cause to be given, notice of all meetings of the Board and of committees of the Board required by these Bylaws to be.given. The Secretary shall keep. the seal of the corporation in safe custody and shall have such other powers and perform such other duties as may be prescribed by the Board or the Bylaws. (e) Chief Financial Officer. (i) Books of account. The Chief Financial Officer of the corporation shall keep or maintain, or cause to be kept or maintained, adequate and correct books and accounts of the properties and transactions of the cor- poration, and shall send or cause to be sent to the Directors such financial statements and reports as are required by law or these Bylaws to be given. The books of account shall be open to inspection by any D' rector :.l.r �, G`r at all -reasonable times. —10— beau: (ii) Deposit and disbursement of money and valuables. The Chief Financial Officer shall deposit all money and other valuables in the name and to the credit of the corporation with such depositories as may be designated by the Board, shall disburse the funds of the corporation as may be ordered by the Board, shall render to the President or Chairman of the Board, if any, when requested, an account of all transactions as Chief Financial Officer and of the finan- cial condition of the corporation and shall have other powers and perform such other duties as may be prescribed by the Board or the Bylaws. (iii) Bond. If required by the Board, the Chief Financial Officer shall give the corporation a bond in the amount and with the surety or sureties specified -by the Board for faithful performance of the duties of the office and for restoration to the corporation of all its books, papers, vouchers, money and other property of every kind in the possession or under the control of the Chief Financial Officer upon death, resignation, retirement or removal from office. ARTICLE VIII INDEMNIFICATION AND INSURANCE SECTION 8.01. INDEMNIFICATION (a) Right of Indemnity. To the full extent per- mitted by law, this corporation shall indemnify its Directors, officers, employees and other persons described in Section 5238 ( ) of the California Cororatiof ``ode, including persons formerly occupying any such position, against all expenses, judgments, fines., settlements and other amounts actually and reasonably incurred in connection with any "proceeding", as that term is used in such Section and including an action by -or in the right of the corporation, by reason of the fact that such person is or was a person_ described by such Section. "Expenses", as used in this Bylaw, shall have the same meaning as in Section 5238(a) of the California Corporation Code. (b) Approval of Indemnity. Upon written request to the Board by any person seeking indemnification under Section 5238(b) or Section 5238(c) of the California Corporation Code, the Board hall promptly determine in accordance with Section 5238(e) of the Code whether the applicable standard of conduct set forth in Section 5238(b) or section 5238(c) has been met and, if so, the Board shall authorize indem- nification. If the BoarU cannot authorize indemnification ber--,,ca the hummer of Directors who are parties to t e ro- seeding with respect to which indemnification is sought is such as to prevent the formation of a quorum of Directors who are not parties to such proceeding, the Board e_ the attorney or other person rendering services in connection with the defense shall apply to the court in which such proceeding is or was pending to determine whether the applicable standard of conduct set forth in .Section 5238(b) or Section 5238(c) has been met. (c) Advancement of Expenses. Tothe full extent permitted by law and except as is otherwise determined by the Board in a specific instance, expenses incurred by a person seeking indemnification under these Bylaws in defending any proceeding covered by these Bylaws shall be advanced by the corporation prior to the final disposition of the proceeding upon receipt by the corporation of an undertaking by or on behalf of such person that the advance will be repaid unless it is ultimately determined that such person is entitled to be indemnified by the corporation therefor. SECTION 8.02. INSURANCE The corporation shall have the right to purchase axd maintain insurance to the full extent permitted by law on behalf of its officers, Directors, employees and other agents of the corporation, against any liability asserted agaim'st or incurred by an officer, Director, employee or agent in'such capacity or arising out of the officer's, Director's, employee's or agent's status as such. ARTICLE IX RECORDS AND REPORTS SECTION 9.01. MAINTENANCE OF CORPORATE RECORDS The corporation shall keep: (a) Adequate and correct books and records of account; (b) Minutes in written form of the proceedings the Board and committees of the Board. (c) If applicable, a record.its members, giving their names and addresses and the class of membership held. SECTION 9.02. INSPECTION BY DIRECTORS Every Director shall have the absolute right at any reasonable time to inspect all books, records and documents of every kind and the physical properties of the corporation and the records of each of its subsidiary corporations. This _nsnectios be .-_ Dieectnr may be made in .xerson or bv an agent t - or a tcr-e. a��.ti the Yh` c_ - �nswe`t iHn incades �*he right �D L. .' •<- .e extraco yr :i vi.:&mer =S 7q c SECTION 9.03. ANNUAL REPORT Except as provided under Section 6321(c)(d) or (f) of the California Corporations Code, not later than one hundred twenty (120) days after the close of the fiscal year of the corporation, the Board shall cause an annual report to be sent to all members of the Board. Such report shall con -- -Lain the following information in reasonable detail: (i) The assets and liabilities, including the trust funds, of the corporation as of the end of the fiscal year. (ii) The principal changes in assets and liabi- lities, including trust funds, during the fiscal year. (iii) The revenue or receipts of the corporation, both unrestricted and restricted to particular purposes, for the fiscal year. (iv) The expenses or disbursements of the cor- poration, for both general and restricted purposes, during the fiscal year. (v) Any information required by Section 9.04. SECTION 9.04. ANNUAL STATEMENT OF CERTAIN TRANSACTIONS AND INDEMNIFICATIONS The corporation shall prepare annually and furnish' to each director a statement of any transaction or indem- nification of the•following kind within one hundred twenty (120) days after the close of the fiscal year of the cor- poration: (a) Any transaction to which the corporation, its parent or its subsidiary was a, party, and in. which any Director or officer' of the corporation, its parent ar sub- sidiary (but mere common director -ship shall not be con- sidered such an interest) had a direct or indirect material • financial interest, if such transaction involved over fifty thousand dollars ($50,000), or was one of a number of trans- actions with the same person involving, in the aggregate, over fifty thousand dollars ($50',000). (b) Any indemnifications or advances aggregating more. than ten thousand dollars ($10,000) paid during the fiscal year to any officer or Director of the corporation 'pursuant to Section 8.01 hereof. The statement shall inolade a brief description of the transaction; the names of the Director(s) or officer(s) involved, their relationship to the corporation, the nature -13- of such person's interest in the transaction and, where practicable, the amount of such interest; provided, that in the case of a partnership in which such person is a partner, only the interest of the partnership need be stated. ARTICLE X CONSTRUCTION AND DEFINITIONS Unless the context otherwise requires, the general provisions, rules of construction and definitions in the California Nonprofit Public Benefit Corporation Law shall govern the construction of these Bylaws. Without limiting the generality of the above, the masculine gender includes the feminine and neuter, the singular includes the plural and the plural includes the singular and the term "person" includes both a legal entity and a natural person. -14- pub=e b efi ARTICLE XI AMENDMENTS SECTION 11.01. ACTION BY THE BOARD The Bylaws may be amended or repealed and new Bylaws may by` adopted by a majority vote of the Board. SECTION 11.02. LIMITATIONS ON AMENDMENT 9F BYLAWS I Where any provision of these Bylaws requires the vote of a larger proportion of the Directors than otherwise is required by law, such provision may not be altered, amended or repealed except by the vote of such greater number. No amendment may extend the term of a Di.ctor beyond that for which such Director was elected. SECTION 11.03. MAINTENANCE OF RECORDS The Secretary of the corporation shall see that a true and correct copy of all amendments of the Bylaws, duly certified by the Secretary, is attached to the official Bylaws of the corporation and is maintained with the official records of the corporation at the principal office of the corporation. r// t/r 5- pub is benefit CERTIFICATE OF SECRETARY I, the undersigned, certify that I am the presently elected and acting Secretary of Community Youth Athletic Center , a California Nonprofit Public Benefit Corporation, and the above Bylaws, are the Bylaws of this corporation as adopted at a meeting of the Board of Directors held on November 7, , 19 97• Executed on November 7, California. , 19 97 at San Diego , Eli Zateth Barragan -lo- t ben;;; s3 Exhibit "E" Certificate of Good Standing Community Youth Athletic Center received the following items: ■ Playing by the Rules, A Handbook for CDBG Subrecipients on Administrative Systems ■ CFR Title 24- Housing and Urban Development, CDBG Regulations • Quarterly and End of the Year Reporting Forms • Compliance and Performing Monitoring Tool ■ Expenditure Reimbursement Claim Form • Income Data Form Qualifying Clientele ■ Beneficiary Data Summary- Definitions and Guidelines These documents will assist Subrecipients with new U.S Department of Housing and Urban Development and City of National City reporting requirements. Leticia Quintero, Program Administrator Exhibit "F" Affirmative Action Policy Provision of Program Services a. SUB -RECIPIENT shall not, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG funds. b, SUB -RECIPIENT shall not under any program or activity funded in whole or in part with CDBG funds, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap: 1) Deny any facilities, services, financial aid or other benefits provided under the program or activity; or 2) Provide any facilities, services, financial aid, or other benefits which are different or are provided in a different form from that provided to others under the program or activity; or 3) Subject to segregated or separate treatment in any facility in, or in any matter of process related to receipt of any service or benefit under the program or activity; or Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity; or 5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must -meet in order to be provided any facilities, services, or other benefits provided under the program or activity; or 6) Deny any opportunity to participate in a program or activity as an employee. c. SUB -RECIPIENT may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race, religion, color, national origin, sex, sexual preference, or handicap, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular race, religion, color, national origin, sex, sexual preference or handicap. d. SUB -RECIPIENT, in determining the site or location of housing or facilities provided in whole or in part with CDBG funds, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination on the grounds of race, color, national origin, or sex, or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto: e. In administering a program or activity funded in whole or in part with CDBG funds regarding which the SUB -RECIPIENT has previously discriminated against persons on the grounds of race, religion, color, national origin, sex, sexual preference or handicap, the gs" SUB -RECIPIENT must take affirmative action to overcome the effects of prior discrimination. f. Even in the absence of such prior discrimination, a SUB -RECIPIENT in administering a program or activity funded in whole or in part with CDBG funds should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin, or sex. Where previous discriminatory practice or usage tends, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, to exclude individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program or activity to which CDBG funding applies, the SUB -RECIPIENT has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964. A SUB -RECIPIENT shall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. Notwithstanding anything to the contrary in Sections J. 1. (a. through h.), nothing contained herein shall be construed to prohibit any SUB -RECIPIENT from maintaining or constructing separate living facilities or rest -room facilities for the different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed only by a member of the same sex as the recipients of the services. g• 2. Employment Discrimination a. SUB -RECIPIENT shall not discriminate against any employee or application for employment because of race, color, religion, sex, national origin, age, or handicap. SUB - RECIPIENT shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, age, or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rate -of -pay or other forms of compensation and selection for training including apprenticeship. SUB -RECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. b. SUB -RECIPIENT shall, in all solicitations or advertisements for employees placed by or on behalf of SUB -RECIPIENT, state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or handicap. c. SUB -RECIPIENT shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the CDC's contracting officers, advising the labor union or workers' representative of SUB -RECIPIENT'S commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notices in conspicuous places available to employees and applicants for employment. d. SUB -RECIPIENT shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.. e. SUB -RECIPIENT shall furnish to the CDC all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the related rules, regulations, and orders. f. In the event of SUB -RECIPIENT'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and SUB -RECIPIENT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September-24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g SUB -RECIPIENT shall include the provisions of Section II. J. 2. (a. through f.), "Affirmative Action Policy," paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. SUB -RECIPIENT shall take such action with respect to any subcontract or purchase order as the CDC may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event SUB -RECIPIENT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CDC, SUB - RECIPIENT may request the United States to enter into such litigation to protect the interests of the United States. h. SUB -RECIPIENT shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). SUB -RECIPIENT shall also provide ready access to and use of all CDBG fund -assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.). 3. Remedies: In the event of SUB -RECIPIENT'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and SUB -RECIPIENT may be declared ineligible for further government contracts and any such other sanctions as may he imposed and remedies invoked as provided by law. Subrecipient Agreement By and Between the City Of National City and Trauma Intervention Services for Program Team THIS AGREEMENT, entered this 19th day of September 2006 by and between the City Of National City (herein called the "Grantee") and Trauma Intervention Services (herein called the "Subrecipient"). 'WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (I-ICD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE A. Activities: The Subrecipient will be responsible for administering the CDBG e006 Program Team in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include activities eligible under the Community Development Block Grant program as specified in Exhibit "A", attached and incorporated herein. B. National Objectives: All activities funded with CDGB funds must meet one of the CDBG program's National Objectives: benefit low- and moderate -income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570,208 The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet the National Objective of serving Low Income Persons C. Levels of Accomplishment — Goals and Performance Measures: The levels of accomplishment may include such measures as units rehabbed, persons or households assisted, or meals served, and should also include time frames for performance. Refer to Exhibit "A" for levels of program services. D. Staffirnr: Subrecipient shall be responsible for staff and time to be allocated to each activity, as set forthin Exhibit B, attached hereto and incorporated herein. E. Performance Monitoring: The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE: Services of the Subrecipient shall start on the 1" day of July, 2006 and end on the 30th day of June of 2007 in the case of Public Services and in the case of Capital Improvements end on June S0, 2009. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. Subrecipient Agreement Page 1 of 13 7J f III. BUDGET: Any indirect costs charged must be consistent with the conditions of Paragraph VII (C)(2) of this Agreement. Subrecipient shall adhere to the budget breakdown, attached as Exhibit "C" and incorporated herein. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient. IV. PAYMENT: It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $8,000. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. NOTICES: Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: a R E x�ry;€ ��t?��.s..r} 1rc}ylis're!.,_x'%1<E'1i"j..- Contact Person: Leticia Quintero, Economic Development Specialist II Contact Person: Jae Marciano Executive Director Organization: City of National City Organization: Trauma Intervention Services Address: 140 East 12th Street, Suite B National City, CA 91950 Address: 2560 Orion Way Carlsbad, CA 92008 Telephone: (619) 336-4568 Telephone: (760) 931-2104 Email: Iquin tero@ci.national-city. ca. us Email: VI. GENERAL CONDITIONS A. General Compliance: The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning - Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (i) the Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. "Independent Contractor": Nothing contained in this Agreement is intended to, or shall be construed in cy manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. Subrecipient Agreement C. Hold Harmless: The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers' Compensation: The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. E. Insurance & Bonding: The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantee Recognition: The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient. H. Suspension or Termination: In accordance with 24, CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect. The Grantee shall have the right, in accordance with 24 C.F.R. 85.43, to terminate this Agreement immediately or withhold payment of invoice for failure of the SUB -RECIPIENT to comply with the terms and conditions of this Agreement. Should the Grantee decide to terminate this Agreement, after a full evaluation of all circumstances has been completed, the SUB -RECIPIENT shall, upon written request, have the right to an appeal process. A copy of the .appeal process will be attached to any termination notice. If the Grantee finds that the SUB -RECIPIENT has violated the terms and conditions of this Agreement, the SUB -RECIPIENT may be required to : 1. Repay all monies received from the Grantee under this Agreement; and/or 2. Transfer possession of all materials and equipment purchased with grant money to the Grantee. Subrecipient Agreement Page 3 of 13 at In the case of early termination, a final payment may be made to the SUB -RECIPIENT upon receipt of a Final Report and invoices covering eligible costs incurred prior to termination. The total of all payments, including the final payment, shall not exceed the amount specified in this Agreement. I. Termination for Convenience: In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Sub -recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. Grantee and sub -recipient agree to provide written notice to the other party thirty (30) clays prior to the effective date of any termination, in whole or part, for convenience- VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 2. Accounting Standards: The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 3. Cost Principles: The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping Records to be Maintained: The Subrecipient shall maintain all records required' by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention: The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The 'retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later Client Data: The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided- Such information shall be made available to Grantee monitors or their designees for review upon request. Subrecipient agreement Pale of :1 q3 4. Disclosure: The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by the State and for Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs: The Subrecipient's obligation to the Grantee shall not end until all closeout requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits & Inspections: All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and OMB Circular A-135. 7. Additional Documentation: Subrecipient agrees to provide a list of its Board of Directors, By - Laws, a Certificate of Good Standing, and any additional documents, as required in Exhibit "D" and "E", attached and incorporated herein. C. Reportine- and Payment Procedures Program Income: The Subrecipient shall report quarterly all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Grantee.at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. 2. Indirect Costs: If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 3. Payment Procedures: The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and riot to exceed actual cash requirements_ Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient. 4. Progress Reports: The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee. Subrecipient Agreement Page 5 of 13 D. Procurement: 1. Compliance: The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement. 2. OMB Standards: Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. 3. Travel: The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets: The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part S4 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement [or such longer period of time as the Grantee deems appropriate]. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the Grantee deems appropriate]. s. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (h) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. VIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT: The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. [The Grantee may preempt the optional policies.] The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. I_. PERSONNEL & PARTICIPANT CONDITIONS Subrecipient Agreement Page 6 of 13 A. Civil Rights 1. Compliance: The Subrecipient agrees to comply with local and state civil rights ordinances here and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 2. Nondiscrimination: The Subrecipient agrees to .comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. Land Covenants: This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504: The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action 1. Approved Plan: The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds, consistent with the policy in Exhibit "F", attached hereto and incorporated herein. 2. Women- and Minority -Owned Businesses (W/MBE): The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records: The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal Subrecipient Agreement Page 7 of ] 3 9 g officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications; The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement: The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions: The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. C. Employment Restrictions Prohibited Activit: The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities- 2. Labor Standards: The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements the of the regulations waons of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing paymentb and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance: Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Suhrecipient's subrecipients and subcontractors, their Subrecipient Agreement PateSof13 successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications: The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts: The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 21 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct Assignability: The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be Subrecipient Agreement Page 9 of 15 assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. Subcontracts: Approvals: The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. Monitoring: The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content: The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process: The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. S. Hatch Act: The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest: The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. 5. Lobbying-: The Subrecipient hereby certifies that: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Subrecipient Agreement Page 14 of 1. Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated finds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,•or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying Certification: This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission • of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright: If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Activities: The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. X. ENVIRONMENTAL CONDITIONS A. Air and Water: The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: • Clean Air Act, 42 U.S.C. , 7401, et seq.; • Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; • Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection: In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint: The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570-608, and 24 CFR Part 35, Subpart B Such regulations pertain to all CDBG- assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of Subrecipient Agreement Page 11 of 13 blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation: The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. XI. SEVERABILITY: If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. XII. SECTION HEADINGS AND SUBHEADINGS: The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. XIII. WAIVER: The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XIV. INTERPRETATION OF THE AGREEMENT: The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under. the laws of the State of California. The Agreement does not limit any other rights or remedies available to the Grantee. The SUB -RECIPIENT shall be responsible for complying with all local, state, and federal laws whether or not said laws are expressly stated or referred to herein. Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not containing such revision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are severable. XV, ATTORNEY'S FEES: In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of, this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non -prevailing party all reasonable attorney's fees, costs, and expenses incurred by the prevailing party. XVI. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreerrient. Subrecipient Agreement Yaoe t2of13 iDo r IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF NATIONAL CITY TRAUMA INTERVENTION PROGRAMS Nick Inzunza Mayor, City of National City APPROVED AS TO FORM George Eiser City Attorney ATTEST City Clerk Attachments Exhibit "A" - Exhibit "B"- Exhibit "C"- Exhibit "D"- Exhibit "E"- Exhibit "F"- Jae T' 1 trciano Executive Director Program Delivery & Levels of Service Staffing Budget Board of Directors & Bylaws Certificate of Good Standing Affirmative Action Policy Subrecipient Agreement Page 13 of 13 101 Exhibit "A" Program. Delivery and Levels of Service: The Program Team consists of the following separate activities: Activity No. 1.ctiiriiy,Des41ption . , Units Per Month Units Per Year \ 'P1^ V313 1, e vw, o'1`1 o v-,p.L. S � O r^ T U VI Ca i'j ` D j v`U.1et w^�t � 41— Ca \ S 9 TiJ�41 2- ? YoVA e. 0,_SS a5Arca, v) C.e... --\co E'.. , C7 Wiwi e-tn c y irez Q, D-,.C1C,v-.s G t ~7, -4 t' , Sce mac? , Ct s Exhibit "B" Staffing The following lists the staff and time commitments to be allocated to each activity as listed in Exhibit "A" above. Activity No. 1 2 3 4 C r\St,n) �.v tSis�efiv� M t, G a.r. Rotas Allocated v— IC) 1--o. (oaf Exhibit "C" Budget Line Item Amount Salaries 2.000A)0 Fringe Office Space Utilities Communications ZO00 , Zo Reproduction/Printing j 000 , 00 Supplies/Materials .00.00 Mileage 1000.00 Audit 5M , 00 Indirect Costs Other: Other: Other: Other: Indirect Costs (Specify): Total ij , 0 O I05 TIP TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO COUNTY, INC. BOARD OF DIRECTORS 2006-2007 Chris Saunders, President Public Relations Professional Chief David Burk, Vice President Fire Chief, City of La Mesa Debbie Fountain, Treasurer City of Carlsbad Director of Housing and Redevelopment Jim Schroder, Secretary Independent Business Owner Lt. Joe Young Oceanside Police Department Bill Mortimer Job Options Inc. Sheri Guseman Professor, Grossmont College Darlene Duncan Crime Prevention Spec., Poway Sheriff's Dept. Holly Grubs Attorney BYLAWS OF TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO COUNTY, INC. A California Public Benefit Corporation ARTICLE 1: Name, Office Section 1.01— Name of the Corporation The name of this Corporation shall be TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO COUNTY, INC. (hereinafter referred to as the "Corporation"). Section 1.02 — Principal Office The principal executive office for the transaction of the business of the Corporation is located in the State of California, County of San Diego. The Board of Directors (hereinafter referred to as the `BOD") may change the principal office from one location to another. Any change of this location shall be noted by the Secretary on these Bylaws opposite this section, or this section may be amended to state the new location. Section 1.03 — Other Offices The BOD or their designee may at any time establish branch or subordinate offices at any place or places where the Corporation is qualified to do business. ARTICLE 2: Purpose Section 2.01— Purpose The general purpose of this Corporation is to ensure that victims of traumatic events receive the emotional and practical support they need immediately following the traumatic occurrence. Section 2.02 — Nonpartisan Activities This Corporation has been formed under the California Corporation Law for the purpose described herein at Article 2, Section 2.01, and it shall be nonprofit and nonpartisan. No substantial part of the activities of the Corporation shall consist of the publication or dissemination of materials with the purpose of attempting to influence legislation, and the Corporation shall not participate or intervene in any political campaign on behalf of any candidate for public office or for or against any cause or measure being submitted to the people for a vote. The Corporation shall not, except in an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the purpose described above. (07 Trauma Intervention Programs Bylaws ARTICLE 3: Membership and Meetings 2 Section 3.01— Voting Members of the Corporation Voting members shall consist of the members of the BOD of the Corporation. Effective July 1, 1996 and thereafter, no voting member shall be an active program volunteer. Section 3.02 — Honorary Members Any individual or organization that subscribes to the purposes and basic policies of the Corporation and whose admission will contribute to the Corporation's ability to carry out its charitable and educational purposes may become an honorary member of the Corporation. Section 3.03 — Application for Membership to the Board of Directors Applications for membership to the BOD shall be submitted by the Executive Director or the BOD of the Corporation on a written form prescribed and approved by the BOD. The Executive Director shall transmit such applications for consideration to the BOD who shall evaluate such applications in order to determine the applicant's eligibility for membership. Membership shall be conferred upon the applicant by a simple majority of the votes cast at a regular or special meeting of the BOD or by a simple vote though a writtc ballot mailed to the members at the direction of the BOD. Section 3.04 — Application for Honorary Membership Honorary membership shall be conferred upon the individual by a simple majority of the votes cast at a regular or special meeting of the BOD. Section 3.05 — Rights of Directors Each member of the Corporation shall be entitled to one vote on each matter submitted to a vote at the meeting of the BOD, except to the extent that the voting rights are limited or denied by the Articles of Incorporation. No member shall be entitled to any dividend or any part of the income of the Corporation or to share in the distribution of the corporate assets upon the dissolution of the Corporation. Section 3.06 — Rights of Honorary Members Honorary members shall have all the rights and privileges of this Corporation except that they shall not vote or hold office. No honorary member shall be entitled to any dividend or any part of the income of the Corporation or to share in the distribution of the corporate assets upon the dissolution of the Corporation. Trauma Intervention Programs Bylaws 3 Section 3.07 — Resignation of Directors and Honorary Members Any BOD member or honorary member may resign from the Corporation by delivering a written resignation to the President or Secretary of the Corporation. Section 3.08 — Termination of Honorary Membership Any honorary member may be removed with or without cause at any time by the affirmative vote of a majority of the members of the Corporation present at a meeting of the BOD. This section may be amended or repealed only by a vote of a majority of all members of the Corporation at a meeting of the BOD. Section 3.09 — Annual Meeting of the Board of Directors There shall be an annual meeting each year of the BOD of this Corporation, to be held in the county of San Diego, State of California. Section 3.10 — Regular Meetings The members shall meet at a time and place determined by the BOD, with a minimum of three (3) meetings held per year. Section 3.11— Cancellation of Meetings The Executive Director, with concurrence of a majority of the members of the BOD, may cancel meetings, or change the date, time or place of meetings under special circumstances. Section 3.12 — Adjournment A majority of the members present, whether or not continuing a quorum, may adjourn any meeting of the BOD to another time or place. Section 3.13 — Notice of -Adjournment Notice of the time and place of holding an adjourned BOD meeting need not be given unless the meeting is adjourned for more than 24 hours, in which case personal notice of the time and place shall be given before the time of the adjourned meeting to the members who were not present at the time of the adjournment. ARTICLE 4 - Board of Directors Section 4.01 — Powers (a) The activities, affairs and property of the Corporation shall be managed, directed and controlled, and its raq Trauma Intervention Programs Bylaws 4 powers executed by, and vested in, the BOD or their duly appointed representative. (b) Select and remove the Executive Director of the Corporation; prescribe any powers and duties for him/her that are consistent with the law, with the Articles of Incorporation, and with the Bylaws; and fix the compensation. (c) Adopt, make and use a corporate seal; prescribes forms of membership certificates; and alter the form of the seal and certificate. (d) Borrow money and incur indebtedness on behalf of the Corporation and cause to be executed and delivered for the Corporation's purposes, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecation and other evidence of debt and securities. Section 4.02 — Number, Election, Term The BOD shall consist of at least seven (7) but no more than seventeen (17) persons who are elected for two year terms. All terms shall expire in the month of June with one-half of the terms expiring in the even numbered years and one-half the terms expiring in the odd numbered years. Elections of the members shall be held in June of each year. Whenever members are to be elected at a meeting the Secretary must cause to be mailed to the members at their designated address written notice of the meeting and the list of nominee This notice must be mailed ten (10) days before the election. Each geographical team of volunteers may elect a representative to act as a non -voting liaison to the BOD. Section 4.03 — Removal A BOD member may be removed with cause at any time by the affirmative vote of majority of the members of the Corporation present at a noticed meeting of the BOD, the notice of which shall have specified the proposed removal. This section may be amended or repealed only by vote of a majority of all members of the Corporation at a meeting of the BOD. A pattern of absences may result in their removal from the BOD. A member for personal reasons may request a leave of absence subject to approval of the BOD. Section 4.04 — Vacancies Whenever the number of BOD members shall for any reason be less than the authorized number, the vacancy may be filled by a majority of the remaining members, though less than a quorum, or by sole remaining member. Section 4.05 — Quorum The quorum for the transaction of business at any properly noticed meeting of the BOD shall consist of a ninimum of three (3) members of which two (2) must be Officers of the BOD. 110 Trauma Intervention Programs Bylaws 5 Section 4.06 — Special Meeting of the Board of Directors Special meeting of the BOD may be called by the President or Vice President and must be called by either of them on the written request of any three (3) members or a petition signed by 20% of the members of the Corporation. Section 4.07 — Notice of Meeting Notice of all meetings of the BOD, except as herein otherwise provided, shall be given by mailing or emailing the same at least five (5) days before the meeting to the usual business or residence address of the members but such notice may be waived by any member. Each such notice shall state the general business to be transacted, the day, time and place of such meeting and in the case of special meetings, and by whose request it was called. Regular meetings of the BOD maybe held without notice at such time and place as shall be determined by the member. Any business may be transacted at any regularly called meeting of the BOD. Section 4.08 — Action by Board of Directors without a Meeting Any action required or permitted to be taken by the BOD may be taken without a meeting if all members shall individually or collectively consent in writing to the action. The written consent or consents shall be filed with the minutes of the proceedings of the BOD, and the action taken shall have the same force and effect as a unanimous vote of the members. Section 4.09 — Compensation The members and Officers of the Corporation shall serve as such without salary, but the BOD may authorize the payment by the Corporation of the reasonable expenses incurred by the members or Officers in the performance of their duties and of reasonable compensation for special services rendered by any member or Officer. Section 4.10 — Contracts with Board of Directors No member or Officer of the Corporation shall be interested, directly or indirectly, in any contract relating to the operations conducted.by it, nor in any contract for furnishing services to it, unless (i) such contract shall be authorized by the entire BOD majority and voting at a meeting at which the presence of such member is not necessary to constitute a quorum and the vote of such member is not necessary for such authorization; and (ii) the facts and nature of such interest shall have been fully disclosed or shown to the members of the BOD present at the meeting at which such contract is so authorized. 111 Trauma Intervention Programs Bylaws 6 ARTICLE 5: Advisory Board Section 5.01 — Advisory Board The BOD and the Executive Director shall work together to recruit an Advisory Board. The purpose of this board will be to advise and support the BOD and Executive Director on issues which affect the Corporation. The Advisory Board will consist of members of the community who will enhance the mission and goals of the Corporation. The Advisory Board will not be required to meet more than once annually. There shall be no fixed term for members of the board. There shall be no minimum or maximum number of members. The Advisory Board members may serve of committees, and be involved in many aspects of the Corporation, including event planning, legal issues, volunteer recruitment, publicity and fundraising. Section 5.02 — Advisory Board Member Responsibilities The responsibilities of the Advisory Board will include to: (a) Serve as a "Roving Ambassador" for the Corporation, to promote the Corporation wherever opportunity arises. (b) Be willing to allow the Corporation to identify him or her as an Advisory Board member on corporal. letterhead, web site and event programs. (c) Provide the staff of the Corporation with leads, contacts or introductions that will be helpful in fundraising and/or program expansion. (d) Attend annual Advisory Board meetings. (e) Support the annual Heroes on Scene event. (f) Assist in recruiting other appropriate Advisory Board members. ARTICLE 6: Officers Section 6.01— Titles and Qualifications The Officers of the BOD shall consist of a President, Vice President, Secretary, Treasurer and such other Officers as the BOD may from time to time designate. /17 Trauma Intervention Programs Bylaws 7 Section 6.02 — Duties of Officers (a) President The President of the B OD shall preside at all meetings of the BOD of the Corporation and shall have such other powers and duties not consistent with the Bylaws as may be assigned from time to time by the BOD. (b) Vice President The Vice President of the BOD shall possess the powers and duties of the President of the BOD in such case as he or she is absent or disabled. (c) Secretary The Secretary shall have the general powers and duties usually vested in the office of Secretary of a Corporation and shall have such powers and duties not consistent with these Bylaws as may be assigned him or her from time to time by the BOD or the President including the powers and duties to be (i) be custodian of all records, documents and the seal of the Corporation which are to be kept in the principal executive office of the Corporation; (ii) affix the Corporate Seal to any instrument requiring it and to attest the same by his or her signature when authorized by the BOD or when such instrument shall first have been signed by the President or the Vice President or other duly authorized officer or agent; (iii) keep the minutes of the BOD meetings and other committee meetings, as applicable, of the Corporation to be recorded in one or more books provided for that purpose, with the time and place of the holding of such meetings, how they were called and authorized, the notice given thereof, the names of those present and the proceedings thereof indicated in the record; (iv) provided that proper notices are given in accordance with the provisions of these Bylaws. (d) Treasurer The Treasurer shall be responsible for all funds and securities of the Corporation and shall have the general powers and duties usually vested in the office of Treasurer of a Corporation and shall have such powers and duties not consistent with these Bylaws as may be assigned to him or her from time to time by the BOD or the President, including the powers and duties to (i) care for, receive and give receipt monies due and payable to the Corporation; (ii) deposit all monies received in the name of the Corporation in such banks, trust companies or other depositories as from time to time may be designated by the Board of Directors; (iii) have charge of the disbursement of the monies of the Corporation in accordance with the directions of the BOD or the President; (iv) enter or cause to be entered regularly in the books to be kept by the Treasurer or under his or her direction for that purpose a complete and correct account of all monies received and disbursed by the Corporation; (v) render a statement of the financial accounts of the Corporation to the Board of Directors at such (/3 Trauma Intervention Programs Bylaws 8 times as may be requested; (vi) exhibit the books of account of the Corporation and all securities, vouchers, papers on and documents of the Corporation in his or her custody to any member or designee of the Board of Directors upon request; (vii) submit a full financial report to the members of the Corporation at the annual membership meeting. Section 6.03 — Appointment of Officers Officers shall be appointed by the BOD, at any time, and each Officer shall hold office until he or she resigns, is removed or is otherwise disqualified to serve, or until his or her successor shall be appointed and qualified, whichever occurs first. Section 6.04 — Term of Office All Officers shall be appointed for a term of one year or until their successors are appointed and qualified. An Officer shall serve a term of one year with the option of being appointed a second year. Section 6.05 — Resignation Any Officer may resign at any time by delivering a written resignation to the President, the Vice President or the Secretary. The acceptance of any such resignation, unless required by the terms thereof, shall not I - necessary to make the same effective. Section 6.06- Removal Any Officer may be removed at any time, with cause, by majority vote of the entirety of the members at a duly held meeting of the BOD. Proper notice specifying the proposed removal shall be given prior to any meeting of the BOD at which such removal shall be considered. Section 6.07— Vacancies Any vacancy in an office may be filled for the unexpired portion of the teuu by majority vote of the BOD. Section 6.08 — Records There shall be maintained at the principal executive office of the Corporation all financial books and records of account, all minutes of the B OD meetings and other committee meetings of the Corporation, and list of members, and copies of all other material, corporate records, books, documents and contracts. All such books, records, minutes, lists, documents and contracts shall be made available for inspection at any reasonable time during the usual business hours by any members of the Corporation, or duly authorized representative thereof, for any lawful and proper purpose. Upon leaving office each Officer, or duly authorized representative thereof, of the Corporation shall turn over to his or her successor or to th( President in good order, such corporate monies, books, records, minutes, lists, documents, contracts or othE Trauma Intervention Programs Bylaws 9 property of the Corporation as have been in the custody of such officer of and during his or her term in office. Section 6.09 — Committees The BOD from time to time may establish other committees or auxiliaries whose membership will consist of voting members and/or honorary members of the Corporation as designated by the BOD which shall have such duties and the members of which shall hold office for such periods as the BOD from time to time determine. The rules of procedures of such committee shall be determined from time to time by the BOD, and by respective committee members. All committees and committee members serve at the pleasure of the BOD. ARTICLE 7: Records and Reports Section 7.01 — Maintenance and Inspection of Articles and Bylaws The Corporation shall keep at its principal executive office the original or a copy of the Articles and Bylaws as amended to date, which shall be open to inspection. Section 7.02 — Maintenance and Inspection of Other Corporate Records The accounting books, records and minutes of proceedings of the BOD and any committee(s) of the Corporation shall be kept at such place or places designated by the BOD or, in the absence of such designation, at the principal executive office of the Corporation. The minutes shall be kept in written or typed form, and the accounting books and records shall be kept either in written or typed form or in any other form capable of being converted into written, typed or printed form. Section 7.03 — Inspection by Board of Directors Every member of the BOD shall have the absolute right at any reasonable time to inspect all books, records and documents of every kind and the physical properties of the Corporation and each of its subsidiary Corporations. This inspection by a member may be made in person or by an agent or attorney, and the right of inspection includes the right to copy and make extracts of documents. Section 7.04 — Annual Report The President of the Corporation or his/her designee will cause to be sent each year to the Board of Directors an annual report of the Corporation's activities. This report will encompass all information required by California Corporations Code 6321 (*) as amended to date. ARTICLE 8: Deposits, Checks, Loan Contracts section 8.01 — Deposit of Funds 1Is Trauma Intervention Programs Bylaws 10 All funds of the Corporation not otherwise employed shall be deposited in such banks, trust companies or other reliable depositories as the BOD from time to time may determine. Section 8.02 — Checks, Etc. All checks, drafts, endorsements, notes and evidences of indebtedness of the Corporation shall be signed by such Officers or agents of the Corporation and in such manner as the BOD from time to time may determine. Endorsements for deposits to the credit of the Corporation shall be made in such manner as the BOD from time to time may determine. Section 8.03 — Loans No loans or advances shall be contracted on behalf of the Corporation, and no note or other evidence of indebtedness shall be issued in its name, unless and except as authorized by the BOD. Any such authorization shall relate to specific transactions, and may include authorization to pledge, and security for loans or advances so authorized, any and all securities and other personal property at any time held by the Corporation. Section 7.04 — Contracts The President, or any other Officer or agent specially authorized by the BOD, may in the name of and o behalf of the Corporation, enter into those contracts or execute and deliver those instruments that are specifically authorized by the BOD. Without the express and specific authorization of the BOD, no officer or other agent of the Corporation may enter into any contract or execution and deliver any instrument in the name of and on behalf of the Corporation. ARTICLE 9: Financial Support of the Corporation Section 9.01— Financial Support Financial support of the Corporation shall be government funds, public donations and contributions, grants from private foundations, and grant from corporations. ARTICLE 10: Dedication of Assets Section 10.01 Dedication of Assets The properties and assets of this nonprofit Corporation are irrevocably dedicated to the fulfillment of the objectives and purposes of this Corporation as set forth in Article 2, Section 2.01 hereof. No part of the net earnings, properties or assets of this Corporation, on dissolution or otherwise, shall inure to the exclusive benefit of any private person or individual, or any member of this Corporation except in fulfillment of said objectives and purposes. On liquidation or dissolution, all properties and assets and obligations shall b !fb Trauma Intervention Programs Bylaws 11 distributed pursuant to the nonprofit provisions of the California. Corporation Code then in effect. ARTICLE 11: Indemnification of Members and Officers Section 11.01 — Indemnification Any person (and heirs, executors and administrators of such person) made or threatened to be made a party to any action, suit or proceeding by reason of the fact that he or she is or was a member or Officer of the Corporation shall be indemnified by the Corporation against any and all liability and the reasonable expenses, including attorneys' fees and disbursements incurred by him or her (or by his or her heirs, executors or administrators) in connection with the defense or settlement of such action, suit or proceedings, or in connection with any appearance therein, except in relation to matters as to which it shall be adjudged in such action, suit or proceeding that such member or Officer is liable for negligence or misconduct in the performance of his or her duties. Such right of indemnification shall not be deemed exclusive of any other rights to which such Director or officer (or such heirs, executors or administrators) may be entitled apart from this Article. Section 11.02 — Insurance or Other Indemnification The BOD shall have the power to (i) purchase and maintain, at the Corporation's expense, insurance on the behalf of the Corporation and on behalf of others to the extent that power to do so have been or may be granted by statute, and (ii) give other indemnification to the extent permitted by law. ARTICLE 12: Amendment of Bylaws Section 12.01 — Amendment of Bylaws Except as otherwise provided herein, and subject to the power of the BOD to amend or repeal the Bylaws, these Bylaws may be altered, amended or repealed and new Bylaws may be adopted by an affirmative vote of a majority of the member of the BOD present at any regular or special meeting, a quorum being assembled, provided that written notice of such meeting, setting forth in detail the proposed Bylaw revisions with explanations therefore, be given not less than seven (7) days prior to such meeting. An amendment changing the authorized number of members of the BOD may be adopted only by the Officers of the Corporation. ARTICLE 13: Miscellaneous Section 13.01 — Fiscal Year The fiscal year of the Corporation shall begin on July 1 of each year and shall end on June 30. 11-7 Trauma Intervention Programs Bylaws 12 Section 13.02 — Construction Whenever the context so requires, the masculine shall include the feminine and neuter, and the singular shall include the plural, and conversely. If any of the portion of these Bylaws shall be invalid or inoperative, then so far as is reasonable and possible: (a) The remainder of these Bylaws shall be considered valid and operative, and (b) Effect shall be given to the intent manifested by the portion held invalid or inoperative. Section 13.03 — Program Modifications Any and all program modifications shall require the approval, by means of an affirmative vote, of two-thirds (2/3) of the members present at any regular or special meeting of the BOD, a quorum being assembled. These Bylaws of the Corporation are hereby adopted with amendments made to date, on this date. Chris Saunders, President Date Witness Date Trauma Intervention Programs Bylaws 13 (*)California Corporations Code Section 6321 6321. (a) Except as provided in subdivision (c), (d), or (t), the board shall cause an annual report to be sent to the members not later than 120 days after the close of the corporation's fiscal year. Unless otherwise provided by the articles or bylaws and ifapproved by the board of directors, that report and any accompanying material sent pursuant to this section may be sent by electronic transmission by the corporation (Section 20). That report shall contain in appropriate detail the following: (1) The assets and liabilities, including the trust funds, of the Corporation as of the end of the fiscal year. (2) The principal changes in assets and liabilities, including trust funds, during the fiscal year. (3) The revenue or receipts of the Corporation, both unrestricted and restricted to particular purposes, for the fiscal year. (4) The expenses or disbursements of the Corporation, for both general and restricted purposes, during the fiscal year. (5) Any information required by Section 6322. (b) The report required by subdivision (a) shall be accompanied by any report thereon of independent accountants, or, if there is no such report, the certificate of an authorized Officer of the corporation that such statements were prepared without audit from the books and records of the Corporation. (c) Subdivision (a) does not apply to any Corporation which receives less than twenty-five thousand dollars ($25, 000) in gross revenues or receipts during the fiscal year. (d) Where a Corporation has provided, pursuant to Section 5510, for regular meetings of members less often than annually, then the report required by subdivision (a) need be made to members only with the frequency with which regular membership meetings are required, unless the articles or bylaws require a report more often. (e) Subdivisions (c) and (d) notwithstanding, a report with the information required by subdivision (a) shall be furnished annually to: (1) All directors of the Corporation; and (2) Any member who requests it in writing. (1) A Corporation which in writing solicits contributions from 500 or more persons need not send the report otherwise required by subdivision (a) ifit does all of the following: (i) Includes with any written material used to solicit contributions a written statement that its latest annual report will be mailed upon request and that such request may be sent to the Corporation at a name and address which is set forth in the statement. The term "annual report" as used in this subdivision refers to the report required by subdivision (a). (ii) Promptly mails a copy of its latest annual report to any person who requests a copy thereof and (iii) Causes its annual report to be published not later than 120 days after the close of its fiscal year in a newspaper of general circulation in the county in which its principal executive office is located. Exhibit "E" Certificate of Good Standing Trauma Intervention Programs attended the Community Development Block Grant Technical Assistance Workshop on June 73, 2006 and received the following items: • Playing by the Rules, A Handbook for CDBG Subrecipients on Administrative Systems • CFR Title 24- Housing and Urban Development, CDBG Regulations • Quarterly and End of the Year Reporting Forms • Compliance and Performing Monitoring Tool • Expenditure Reimbursement Claim Form • Income Data Form Qualifying Clientele • Beneficiary Data Summary- Definitions and Guidelines These documents will assist Subrecipients with new U.S Department of Housing and Urban Development and City of National City reporting requirements. Leticia Quintero, Program Administrator IZo Exhibit "F" Affirmative Action Policy Provision of Program Services a. SUB -RECIPIENT shall not, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG funds. b. SUB -RECIPIENT shall not under any program or activity funded in whole or in part with CDBG funds, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap: 1) Deny any facilities, services, financial aid or other benefits provided under the program or activity; or 2) Provide any facilities, services, financial aid, or other benefits which are different or are provided in a different form from that provided to others under the program or activity; or 3) Subject to segregated or separate treatment in any facility in, or in any matter of process related to receipt of any service or benefit under the program or activity; or 4) Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity; or 5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services, or other benefits provided under the program or activity; or 6) Deny any opportunity to participate in a program or activity as an employee. c. SUB -RECIPIENT may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race, religion, color, national origin, sex, sexual preference, or handicap, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular race, religion, color, national origin, sex, sexual preference or handicap. d. SUB -RECIPIENT, in determining the site or location of housing or facilities provided in whole or in part with CDBG funds, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination on the grounds of race, color, national origin, or sex, or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto: e. In administering a program or activity funded in whole or in part with CDBG funds regarding which the SUB -RECIPIENT has previously discriminated against persons on the grounds of race, religion, color, national origin, sex, sexual preference or handicap, the g. SUB -RECIPIENT must take affirmative action to overcome the effects of prior discrimination. f. Even in the absence of such prior discrimination, a SUB -RECIPIENT in administering a program or activity funded in whole or in part with CDBG funds should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin, or sex. Where previous discriminatory practice or usage tends, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, to exclude individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program or activity to which CDBG funding applies, the SUB -RECIPIENT has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964. A SUB -RECIPIENT shall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. h. Notwithstanding anything to the contrary in Sections J. 1. (a. through h.), nothing contained herein shall be construed to prohibit any SUB -RECIPIENT from maintaining or constructing separate living facilities or rest -room facilities for the different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed only by a member of the same sex as the recipients of the services. 2. Employment Discrimination a. SUB -RECIPIENT shall not discriminate against any employee or application for employment because of race, color, religion, sex, national origin, age, or handicap. SUB - RECIPIENT shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, age, or handicap. Such action shall include, but not he limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rate -of -pay or other forms of compensation and selection for training including apprenticeship. SUB -RECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. SUB -RECIPIENT shall, in all solicitations or advertisements for employees placed by or on behalf of SUB -RECIPIENT, state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or handicap. c. SUB -RECIPIENT shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the CDC's contracting officers, advising the labor union or workers' representative of SUB -RECIPIENT'S commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notices in conspicuous places available to employees and applicants for employment. SUB -RECIPIENT shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of' Labor.. e. SUB -RECIPIENT shall furnish to the CDC all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the related rules, regulations, and orders. f. In the event of SUB -RECIPIENT'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and SUB -RECIPIENT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. SUB -RECIPIENT shall include the provisions of Section II. J. 2. (a. through f.), "Affirmative Action Policy," paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. SUB -RECIPIENT shall take such action with respect to any subcontract or purchase order as the CDC may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event SUB -RECIPIENT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CDC, SUB - RECIPIENT may request the United States to enter into such litigation to protect the interests of the United States: h. SUB -RECIPIENT shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq,.) or with respect to any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). SUB -RECIPIENT shall also provide ready access to and use of all CDBG fund -assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.). 3. Remedies: In the event of SUB -RECIPIENT'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and SUB -RECIPIENT may be declared ineligible for further government contracts and any such other sanctions as may be imposed and remedies invoked as provided by law. lz3 124 Subrecipient Agreement By and Between the City Of National City and National City Living History Farm Preserve for Bathroom Facility THIS AGREEMENT, entered this 19a1i day of September, 2006 by and between the City Of National City (herein called the "Grantee") and National City Living History Farm Preserve (herein called the "Subrecipient"). WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE A. Activities: The Subrecipient will be responsible for administering the CDBG 2006 Bathroom Facility in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. «Description» Such program will include activities eligible under the Community Development Block Grant program as specified in Exhibit "A", attached and incorporated herein. B. National Objectives: All activities funded with CDGB funds must meet one of the CDBG programs National Objectives: benefit low- and moderate -income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet the National Objective of Serving Low Income Persons. C. Levels of Accomplishment — Goals and Performance Measures: The levels of accomplishment may include such measures as units rehabbed, persons or households assisted, or meals served, and should also include time frames for performance. Refer to Exhibit "A" for levels of program services. D. Staffing: Subrecipient shall be responsible for staff and time to be allocated to each activity, as set forthin Exhibit B, attached hereto and incorporated herein. E. Performance Monitorinn: The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE: Services of the Subrecipient shall start on the 1a day of July, 2006 and end on the 30th day of June of 2007 in the case of Public Services and in the case of Capital Improvements end on June 30, 2009. The term of this Agreement and the provisions herein shall be extended to,cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income_ Subrecipient Agreement Page 1 of 13 1 ZS III. BUDGET: Any indirect costs charged must be consistent with the conditions of Paragraph VII (C)(2) of this Agreement. Subrecipient shall adhere to the budget breakdown, attached as Exhibit "C" and incorporated herein. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient. IV. PAYMENT: It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $10,000. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance_ Paymentsmay be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. V. NOTICES: Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice: Communication and details concerning this contract shall be directed to the following contract representatives: p CR •. t2�I,. tir'�'ta.s `r "3' �a� � 1Li ysx .�«x...r 1✓i pf.ry .v A ry sY. ..r Y�:..s'. Contact Person: Leticia Quintero, Economic Development Specialist II Contact Person: Vincent Reynolds Treasurer Organization: City of National City Organization: National City Living History Farm Preserve Address: 140 East 12th Street, Suite B National City, CA 91950 Address: 1243 Manchester Street National City, CA 91950 Telephone: (619) 336-4568 Telephone: (619) 479-8165 Email: Quintero@ci.national-city.ca-us Email: vincedepaul@cox.net VI. GENERAL CONDITIONS A. General Compliance: The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. "Independent Contractor": Nothing contained in this Agreement is intended to, or shall be construed in , manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor Subrecipient Agreement Page 2of13 C. Hold Harmless: The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers' Compensation: The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. E. Insurance & Bonding: The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantee Recognition: The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient. H. Suspension or Termination: In accordance with 24 CFR 85.45, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; s. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect. The Grantee shall have the right, in accordance with 24 C.F.R. 85.43, to terminate this Agreement immediately or withhold payment of invoice for failure of the SUB -RECIPIENT to comply with the terms and conditions of this Agreement. Should the Grantee decide to terminate this Agreement, after a full evaluation of all circumstances has been completed, the SUB -RECIPIENT shall, upon .written request, have the right to an appeal process. A copy of the appeal process will be attached to any termination notice. If the Grantee finds that the SUB -RECIPIENT has violated the terms and conditions of this Agreement, the SUB -RECIPIENT may be required to : 1. Repay all monies received from the Grantee under this Agreement; and/or 2. Transfer possession of all materials and equipment purchased with grant money to the Grantee. Subrecipient Agreement Page 3of13 !Z7 In the case of early termination, a final payment may be made to the SUB -RECIPIENT upon receipt of a Final Report and invoices covering eligible costs incurred prior to termination. The total of all payments, including the final payment, shall not exceed the amount specified in this Agreement. Termination for Convenience: In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Sub -recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. Grantee and sub -recipient agree to provide written notice to the other party thirty (30) days prior to the effective date of any termination, in whole or part, for convenience. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 2. Accounting Standards: The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 3. Cost Principles: The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping Records to be Maintained: The Subrecipient shall maintain all records required by the Federal regulations specified in 24. CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not he limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; a Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f Financial records as required by 24 CFR 570.502, and 24 CFR 84..21-28; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 370. 2. Retention: The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later. Client Data: The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. Subrecipient Agreement Page 4 of 13 4. Disclosure: The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by the State and for Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs: The Subrecipient's obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits & Inspections: All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and OMB Circular A-133. Additional Documentation: Subrecipient agrees to provide a list of its Board of Directors, By - Laws, a Certificate of Good Standing, and any additional documents, as required in Exhibit "D" and "E", attached and incorporated herein. C. Reporting and Payment Procedures Program Income: The Subrecipient shall report quarterly all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Grantee at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. 2. Indirect Costs: If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 5. Payment Procedures: The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient. 4. Progress Reports: The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee. Subrecipient Agreement Page 5 of 13 /2' D. Procurement: 1. Compliance: The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement. 2. OMB Standards: Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. 3. Travel: The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets: The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement [or such longer period of time as the Grantee deems appropriate]. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the Grantee deems appropriate]. 3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a)•transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. VIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT: The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. [The Grantee may preempt the optional policies.] The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. IX. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights Subrecipient Agreement Page 6 of 1S 13b Compliance: The Subrecipient agrees to comply with local and state civil rights ordinances here and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 2. Nondiscrimination: The Subrecipient agrees to comply with the non-discrimination in. employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. �. Land Covenants: This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504: The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action Approved Plan: The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds, consistent with the policy in Exhibit "F", attached hereto and incorporated herein. 2. Women- and Minority -Owned Businesses (W/MBE): The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation 5. Access to Records: The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Subrecipient Agreement Page 7 of 13 /31 Notifications: The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement: The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions: The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. C. Employment Restrictions Prohibited Activity: The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards: The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance: Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Subrecipient Agreement Page 3 of 13 (32 Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications: The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. D. Conduct Subcontracts The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 1. Assignability: The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may he Subrecipient Agreement Page 9of13 133 assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts: a. Approvals: The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. b. Monitoring: The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process: The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. 5. Hatch Act: The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest: The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved, c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. 5. Lobbying: "I'he Subrecipient hereby certifies that: a No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Subrecipient Agreement Page 10 of 13 134 Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure' Form to Report Lobbying," in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying Certification: This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not Less than $10,000 and not more than $100,000 for each such failure. 6. Copyright: If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Activities: The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. X. ENVIRONMENTAL CONDITIONS A. Air and Water: The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: • Clean Air Act, 42 U.S.C. , 7401, et seq.; • Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 131E relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; • Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. Flood Disaster Protection: In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint: The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG- assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of Subrecipient Agreement Page 11 of 13 13g blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation: The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty. years old or older or that are included on a Federal, state, or local historic property list. XI. SEVERABILITY: If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. XII. SECTION HEADINGS AND SUBHEADINGS: The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. XIII WAIVER: The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XIV. INTERPRETATION OF THE AGREEMENT: The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. The Agreement does not limit any other rights or remedies available to the Grantee. The SUB -RECIPIENT shall be responsible for complying with all local, state, and federal laws whether or not said laws are expressly stated or referred to herein. Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not containing such revision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are severable. XV. ATTORNEY'S FEES: In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of, this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non -prevailing party all reasonable attorney's fees, costs, and expenses incurred by the prevailing party. XVI. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement. Subrecipient Agreement Page 12 of 13 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF NATIONAL CITY Nick Inzunza Mayor, City of National City APPROVED AS TO FORM George Eiser City Attorney ATTEST City Clerk Attachments Exhibit "A" - Exhibit "B"- Exhibit "C"- Exhibit `D"- Exhibit "E"- Exhibit "F"- NATIONAL CITY LIVING HISTORY FARM P SERVE Jw..t—Lle----------- Vincent Reynolds Treasurer Program Delivery & Levels of Service Staffing Budget Board of Directors & Bylaws Certificate of Good Standing Affirmative Action Policy Subrecipient Agreement Page 13ofl5 07 Exhibit "A" Program Delivery and Levels of Service: The Bathroom Facility consists of the following separate activities: Activity No. ,i _zA sx v d' tY F C :1 Acflvity DesL�r��t��}}j� ,� �,� :�, ��s �� cc �;� � E���4 � ',� frh > �§S {:.�� „�> y� • ^=2',�,'...fi Wit. £'� A, ,� E �..,�>.� ������ �# ^t�a..wY �i � �;�; � 4,�-��.., H ei4 �� �'�" �` �, i• ga s'"'q �+1, 9 � ° `Y „. e ��. rW &,Year }1 e L��?y ,� �x i'. I Construct sewer- lateral to sewer main on E Avenue 2 Pour slab for bathroom Construct bathroom Exhibit "B" Staffing The following lists the staff and time commitments to be allocated to each activity as listed in Exhibit "A" above. 1 2 Vince Reynolds Chris Johnson 24 month 18 month 3 4 Nancy Smith 96 month 140 Exhibit "C" Budget Salaries 0 Fringe 0 Office Space 0 Utilities 25 Communications 0 Reproduction/Printing 20 Supplies/Materials 4,155 Mileage 0 Audit 0 Indirect Costs 0 Other: 5,800 Other: 0 Other: 0 Other: 0 Indirect Costs (Specify): 0 Total 10,000 /LH BYLAWS OF THE NATIONAL CITY LIVING HISTORY FARM PRESERVE A California Nonprofit Public Benefit Corporation ARTICLE I NAME & PRINCIPAL OFFICE Section 1.1 Name. The name of this Corporation is. the National City Living History Farm Preserve. Section 1.2 Principal Office. The principal office for the transaction of the activities and affairs of the Corporation ("principal Office") is located at San Diego County, California. The Board of Directors ("the Board") may change the principal office from one location to another. Any change of location of the principal office shall be noted by the Secretary on these Bylaws opposite this section, or this section may be amended to state the new location. Section 1.3 Other Offices. The Board may at any time establish branch or subordinate offices at any place or places where the Corporation is qualified to conduct its activities. ARTICLE II PURPOSES AND LIMITATIONS Section 2.1 Purposes. The Corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. The Corpora- tion is organized under the Nonprofit Public Benefit Corporation Law of California exclusively for charitable, educational and historical preservation purposes, within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law). Notwithstanding any other provision of these Bylaws, this Corporation shall not, except to an insubstantial degree, carry on or engage in any activities or exercise any powers that are not in furtherance of the purposes of this Corporation, and the Corporation shall not carry on any other activities not permitted to be carried on (i) by a corporation exempt from Federal income tax under Section 501(c)(3) of the Tnternal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law); (ii) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law). ///// Page 1 142 The specific purposes of this Corporation include, but are not limited to, preserving land and improvements for educational, scien- tific, ecological, recreational, historical, scenic and open space opportunities; engaging in the restoration, enhancement and preser- vation of the Stein Family Farm complex; receiving and holding dedications of real and personal property; and increasing public knowledge and support for historic sites as an educational and cul- tural resource. Section 2.2 Limitations. (a) Political Activity. No substantial part of the activities of this Corporation shall consist of carrying on propa- ganda, or otherwise attempting to influence legislation, and this Corporation shall not participate in or intervene in (including the publishing or distributing of statements in connection with) any political campaign on behalf of any candidate for public office. (b) Property. The property, assets, profits and net income are dedicated irrevocably to the purposes set forth above. No part of the profits or net earnings of this Corporation shall ever inure to the benefit of any of its Directors, trustees, officers, members (if any), employees, or to the benefit of any private individual. (c) Dissolution. Upon the winding up and dissolution of this Corporation, after paying or adequately providing for the payment of the debts, obligations and liabilities of the Corpora- tion, the remaining assets of this Corporation shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable purposes and which has established its tax-exempt status under Section 501(c) (3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue. Law.) ARTICLE III MEMBERSHIP Section 3.1 Membership. This Corporation shall have no members. The Board of Directors may refer to persons associated with the corporations as members, and may establish classes of such non -voting memberships. Such persons shall not, however, be deemed members within the meaning of Section 5056 of the California Corporations Code. ARTICLE IV BOARD OF DIRECTORS Sections 4.1 Powers. (a) General Corporate Powers. Subject to the provisions and limitations of the California Nonprofit Public Benefit Corpora- tion Law and any other applicable laws, and any limitations of the Articles of Incorporation and of these Bylaws, the activities and Page 2 I1+3 affairs of the Corporation shall be managed, and all corporate powers shall be exercised, by or under the direction of the Board. (b) Specific Powers. Subject to limitations of the articles and these By -Laws, the activities and affairs of the Corpo- ration shallbe conducted and all corporate powers shall be exer- cised by or under direction of the Board. The Board may delegate management of the activities of the Corporation to any person or persons, a. management company, or committees, however composed, provided that the activities and affairs of the Corporation shall be managed and all corporate powers shall be exercised under the ulti- mate direction of the Board. Without prejudice to such general powers, but subject to the same limitations, it is hereby expressly declared that the Board shall have the following powers in addition to the other powers enumerated in these By-laws: (i) Appoint and remove, at the pleasure of the Board, all officers, agents and employees of the Corporation; pre- scribe powers and duties for them that are consistent with law, with the Articles of Incorporation and with these Bylaws; and fix their compensation and require from them security for faithful performance of their duties. (ii) Change the principal office or the principal business office in the State of California from one location to another; cause the Corporation to be qualified to conduct its activ- ities in any other state, territory, dependency or country and conduct its activities within or outside the State of California; and designate any place within or outside the State of California for the holding of any meeting, including annual meetings. (iii) To conduct, manage, and control the affairs and activities of the Corporation, and to make such rules and regula- tions therefore not inconsistent with law, the Articles, or these By-laws, as they may deem best. (iv) To adopt, make, and use a Corporate Seal, and to alter the form of such seal from time to time, as they may deem best. (v) To borrow money and incur indebtedness for the purposes of the Corporation, and to cause to be executed and delivered therefore, in the Corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, or other evidences of debt and securities therefore. Section 4.2 Number of Directors. The authorized number of Directors shall be eleven (11). Section 4.3 Selection of Directors. (a) Initial Directors. The initial Board members shall be elected by the incorporator named in the Corporation's Articles of Incorporation. Page 3 (b) Subsequent Directors. At the expiration or earlier termination of the terms of office of the initial Directors, their successors shall be chosen by a majority vote of the members of the Board then in office, whether or not less than a quorum, or by a sole remaining Director. Section 4.4 Term of Office of Directors. The term of office of Directors shall be two (2) years. Each Director shall hold office until the expiration of the term for which they were appointed, and until a successor has been appointed or elected. Section 4.5 Vacancies in Office. (a) Events Causing Vacancy. A vacancy or vacancies on the Board shall exist on the occurrence of the following: (1) the death, removal, suspension or resignation of any Director; or (ii) the declaration by resolution of the Board of a vacancy in the office of a Director who has been declared of unsound mind by an order of court or convicted of a felony or has been found by final order or judgment of any court to have breached a duty under Sections 5230 and following of the California Nonprofit Public Benefit Corporation Law. (b) Resignations. Except as provided in this subsection, any Director may resign effective upon giving written notice to the Chairman of the Board, if any, or the President or the Secretary of the Board, unless such notice specifies a later time for the resig- nation to become effective. Except upon notice to the Attorney General of the State of California, no Director may resign when the Corporation would then be left without a duly elected Director or Directors in charge of its affairs. (c) Filling Vacancies. Vacancies on the Board shall be filled in the manner prescribed in these By-laws for regular elec- tion or appointment to such office, provided that such vacancies shall be filled as they occur, and not on an annual basis. Each Director so selected shall hold office until the expiration of the term of the replaced Director, and until a successor has been se- lected and qualified. Any vacancy on the Board shall be filled by vote of the remaining Directors, whether or not less that a quorum or by a sole remaining Director. (d) No Vacancy on Reduction of Number of Directors. No reduction of the authorized number of Directors shall have the effect of removing any Director prior to expiration of the Director's term of office. Section 4.6 Restrictions on Directors. Not more than forty-nine percent (490) of the persons serving on the Board may be interested persons. An interested person is (1) any person being compensated by the Corporation for services ren- dered to it within the previous twelve (12) months, whether as a full-time or part-time employee, independent contractor, or other - Page 4 /415 wise; and (2) any brother, sister, ancestor, descendant, spouse, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother- in-law or father-in-law of such person. However, any violation of the provisions of the paragraph shall not affect the validity or enforceability of any transaction entered into by the Corporation. A Director may not participate in any vote on any proposed transac- tion with another organization or entity of which such Director is also an employee, principal or Director. Section 4.7 Standard of Care. A Director shall perform the duties of a Director, including duties as a member of any committee of the Board on which the Director may serve in good faith, in a. manner such Director believes to be in the best interests of this Corporation, and with such care, including reasonable inquiry, as an ordinarily prudent person in a like situation would use under similar circumstances. In performing the duties of a Director, a Director shall be entitled to rely on information, opinions, reports or statements including financial statements and other financial data, in each case prepared or presented by: (a) One or more officers or employees of the corporation whom the Director believes to be reliable and competent in the matters presented; (b) Counsel, independent accountants or other persons as to matters which the Director believes to be within such person's professional or expert competence; or (c) A committee of the Board upon which the Director does not serve, as to matters within its designated authority, which committee the Director believes to merit confidence, so long as in any such case, the Director acts in good faith, after reasonable inquiry when the need therefore is indicated by the circumstances and without knowledge that would cause such reliance to be unwar- ranted. A person who performs the duties of a Director in accordance with the foregoing shall have no liability based upon any failure or alleged failure to discharge that person's obligations as a Director. Section 4.8 Non -Liability of Directors. The Directors shall not be personally liable for the debts, liabilities, or other obligations of the Corporation. ARTICLE V MEETINGS OF THE BOARD OF DIRECTORS Section 5.1 Place of Meetings. Meetings of the Board shall be held at the principal office of the Corporation or at such other place as has been designated by the Page 5 Board. In the absence of any such designation, meetings shall be held at the principal office of the Corporation. The meetings of the Board of Directors shall be open to the public and held in accordance with the Ralph M. Brown Act, Government Code Section 54590 et. seq. Section 5.2 Participation in Meetings by Conference Telephone. Any meeting may be held by conference telephone or similar communication equipment, so long as all Directors participating in the meeting can hear one another, and all such Directors shall be deemed to be present in person at such meeting. Section 5.3 Annual, Regular and Special Meetings (a) Annual Meeting. The Board shall hold an annual meeting in conjunction with the regularly scheduled Board meeting in the month of August of each year for the purpose of organization, election of "officers and the transaction of other business; provid- ed, however, that the Board may fix another time for the holding of its annual meeting. Notice of this meeting shall not be required. (b) other Regular Meetings. The Board shall hold at least four (4) regular business meetings throughout the year; said meetings shall be held without call and on a date to be fixed by resolution of the Board; provided, however, any given monthly meeting may be dispensed with by majority vote of the Board. Such regular meetings may be held without notice. (c) Special Meetings.. (i) Authority To Call. Special meetings of the Board of Directors may be called by the Chairman, or by any two (2) Directors. The notice shall state the time, place, and subject matter of such special meeting. (ii) Notice. Notice of the time and place of special meetings shall be given to each Director by one of the following methods: 1. by personal delivery of written notice; 2. by first-class mail, postage prepaid; 3. by telephone, directly to the Director or to a person at the Director's office who would reasonably be expected to communicate that notice promptly to the Director; or 4. by telegram, charges prepaid. (iii) Time Requirements. Notices sent by first- class mail shall be deposited in the United States mails at least four (4) days before the time set for the meeting. Notices given by personal delivery, telephone, or telegraph shall be delivered, telephoned, or given to the telegraph company at least forty-eight hours before the time set for the meeting. All such notices shall Page 6 1.47 be given or sent to the Director's address and/or telephone number as shown on the records of the Corporation. (iv) Notice Contents. The notice shall state the time of the meeting, and the place if the place is other than the principal office of the Corporation. It need not specify the purpose of the meeting. Section 5.4 Ouorum. A majority of the authorized number of Directors shall consti- tute a quorum for the transaction of business, except to adjourn as provided in section herein. Subject to the more stringent provi- sions of the California Nonprofit Public Benefit Corporation Law, including, without limitation, those provisions relating to (i) approval of contracts or transactions in which a Director has a direct or indirect material financial interest, (ii) approval of certain transactions between corporations having common director- ship, (iii) creation of an appointment of committees of the Board and (iv) indemnification of Directors, every act decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present shall be regarded as the act.of the Board. A meeting at which a quorum is initially present may contin- ue to transact business, notwithstanding the withdrawal of Direc- tors, if any action taken is approved by at least a majority of the required quorum for that meeting. Section 5.5 Waiver of Notice. Notice of a meeting need not be given to any Director who signs a waiver of notice, or a written consent to holding the meeting, or an approval of the minutes thereof, whether before or after the meeting, or who attends the meeting without. protesting, prior thereto or at its commencement, the lack of notice to such Director. The waiver of notice or consent need not specify the purpose of the meeting. All such waivers, consents and approvals shall be filed with the corporate records or made a part of the minutes of the meetings. Notice of a meeting need not be given any Director who attends the meeting without protesting before or at its commencement the lack of notice to such Director. Section 5.6 Action Without Meeting. Any action required or permitted to be taken by the Board may be taken without a meeting if all members of the Board shall indi- vidually or collectively consent in writing to such action. Such consent or consents shall have the same effect as a unanimous vote of the Board, and shall be filed with the minutes of the proceedings of the Board. Such written consent or consents shall be filed with the minutes of the proceedings of the Board. For the purposes of this Section 5.6 only, "all members of the Board" shall not include Directors who have a material financial interest in a transaction to which the Corporation is a party. /1/// ///// ///// Page 7 Section 5.7 Adjournment: A majority of the Directors present, whether or not consti- tuting a quorum may adjourn any meeting to another time and place. Notice of the time and place of holding an adjourned meeting need not be given, unless the meeting is adjourned for more than 24 hours, in which case personal notice of the time and place shall be given before the time of the adjourned meeting to the Directors who were not present at the time of the adjournment. ARTICLE VI COMMITTEES Section 6.1 Committees of Directors. The Board of Directors may designate one (1) or more commit- tees, each consisting of three (3) or more Directors to serve at the pleasure of the Board. Appointments to all committees shall be made by a majority vote of the Directors then in office. Any committee, to the extent provided in the Board resolution, shall have all the authority of the Board, except that no committee, regardless of Board resolution may: (a) Fill vacancies on the Board of Directors or on any committee; (b) Expend any corporate funds for any purpose without the express authorization of the Board of Directors; (c) Amend or repeal By-laws or adopt new By-laws. (d) Amend or repeal any resolution of the Board of Directors which by its express terms is not so amendable or repealable; (e) Appoint any other committees of the Board of Directors. (f) approve any contract or transaction to which the Corporation is a party and in which one or more of its Directors has a material financial interest, except as such approval is provided for in Section 5233(d)(3) of the California Corporations Code. Section 6.2 Meetings of Committees. Meetings and actions of committees shall be governed by and held and taken in accordance with the provisions of these By-laws concerning meetings of Directors, with such changes in the context of those By-laws as are necessary to substitute the committee and its members for the Board of Directors and its members. Minutes shall be kept of each meeting of any committee and shall be filed with the corporate records. The Board of Directors may adopt rules for the governance of any committee not inconsistent with the provi- sions of these By-laws. ///// Page 8 149 ARTICLE VII OFFICERS Section 7.1 Officers. The officers of the Corporation shall include a President, a Secretary, and a Chief Financial Officer. The Corporation may also have, at the Board's discretion, a Chairman of the Board, one or more Vice Presidents, one or more assistant Secretaries, one or more assistant Treasurers, and such other officers as may be appointed in accordance with these Bylaws. Any number of offices may be held by the same person, except that neither the Secretary nor the Chief Financial Officer may serve concurrently as either the President or the Chairman of the Board. Section 7.1 Election. The Officers of this Corporation, except those appointed in accordance with the provisions of Section 7.03 of this Article VII, shall be chosen annually by the Directors, and each shall serve at the pleasure of the Board, subject to the rights, if any, of an Officer under any contract of employment. The Officers of the Corporation shall be elected at the annual meetings Section 7.03 Other Officers. The Board may appoint and may authorize the Chairman of the Board or the President or another officer to appoint any other officers that the corporation may require, each of whom shall have the title, hold office for the period, have the authority and per- form the duties specified in the Bylaws or determined from time to time by the Board. Section 7.4 Removal. Subject to the rights, if any, of an Officer under any contract of employment, any Officer may be removed, with or without cause, by a majority vote of the Board of Directors pursuant to applicable law. Section 7.5 Resicrnation. An Officer may resign at any time by giving written notice to this Corporation. The resignation shall take effect at the date of the receipt of that notice or at any later time specified by that notice, and unless otherwise specified in that notice, the accept- ance of the resignation shall not be necessary to make it effective. Any resignation is without prejudice to the rights, if any, of this Corporation under any contract to which the Officer is a party. ction 7.6 Vacancies. A vacancy in any office for any reason shall be filled in the ///// ///// Page 9 manner described in these By-laws for regular appointments to that office. Section 7.7 Chairman of the Board. If a Chairman of the Board is elected, he or she shall preside at meetings of the Board and shall exercise and perform such other powers and duties as the Board may assign from time to time. If there is no President, the Chairman of the Board shall also be the Chief Executive Officer and shall have the powers and duties of the President of the corporation prescribed by these Bylaws. Section 7.8 President/Chief Executive Officer. Subject to the control and supervision of the Board, the Presi- dent shall be the Chief Executive Officer and general manager of the corporation and shall generally supervise, direct and control the activities and affairs and the officers of the corporation. The President, in the absence of the Chairman of the Board, or if there be none, shall preside at all meetings of the Board. The President shall have such other powers and duties as may be prescribed by the Board or these Bylaws. Section 7.9 Vice -Presidents. In the absence or disability of the President, the Vice -Presi- dents, if any, in order of their rank, shall perform all of the duties of the President, and, when so acting, shall have all the powers of and be subject to all of the restrictions upon the Presi- dent. The Vice -Presidents shall have such other powers and perform such other duties as from time to time may be prescribed for them by the Board or the Bylaws. Section 7.10 Secretary. The Secretary shall keep a full and complete record of the proceedings of the Board and committees of the Board, with the time and place of holding, whether regular or special, and if special, how authorized, the notice thereof given, the names of those present at Board and committee meetings, and the proceedings thereof. The Secretary shall keep the Seal of the Corporation and affix the same to such papers and instruments as may be requiredin the regular course of business, shall make service of such notices as required by these By-laws or as may be proper, shall supervise the keeping of the books of the Corporation, and shall discharge such other duties as pertain to the office or as prescribed by the Directors. The Secretary shall keep or cause to be kept, at the Corporation's principal office, a copy of the book of minutes, including the Articles of Incorporation and By-laws. Section 7.11 Treasurer/Chief Financial Officer. The Treasurer shall be the Chief Financial Officer of the Corporation, and shall have charge and custody of all funds of the Corporation, shall deposit such funds in the manner required by the Board, shall keep and maintain adequate and correct accounts of the Page 10 LSI Corporation's propertiesan business transactions, shall render reports and accountings as required, and shall discharge such other duties as pertain to the office or as prescribed by the Directors. The books of account shall be open to inspection by any officer at all reasonable times. The Board may require the Treasurer to give the Corporation a bond in the amount and with the surety or sureties specified by the Board for faithful performance of the duties of the office and for restoration to the Corporation of all of its books, papers, vouchers, money, on his or her death, resignation, retire- ment, or removal from office. ARTICLE VIII INDEMNIFICATION AND INSURANCE Section 8.1 Right of Indemnity. To the full extent permitted by law, this corporation shall indemnify its Directors, officers, employees and other persons described in Sections 5238(a) and 7237(a) of the California Corporations Code, including personsformerly occupying any such position, against all expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with any "proceeding", as that term is used in such Section and including an action by or in the right of the corporation, by reason of the fact that such person is or was a person described by such Section. "Expenses", as used in this Bylaw, shall have the same meaning as in Sections 5238(a) and 7237(a) of the California Corporations Code. Section 8.2 Approval of Indemnity. Upon written request to the Board by any person seeking indem- nification under Sections 5238(b), 5238(c), 7237(b) or Section 7237(c) of the California Corporation Code, the Board shall prompt- ly determine whether the applicable standard of conduct has been met and, if so, the Board shall authorize indemnification. If the Board cannot authorize indemnification because the number of Directors who are parties to the proceeding with respect to which indemnification is sought is such as to prevent the formation of a quorum of Direc- tors who are not parties to such proceeding, the Board or the attor- ney or other person rendering services in connection with the de- fense shall apply to the court in which such proceeding is or was pending to determine whether the applicable standard of conduct has been met. Section 8.3 Advancement of Expenses. To the full extent permitted by law and except as is otherwise determined by the Board in a specific instance, expenses incurred by a person seeking indemnification under these Bylaws in defending any proceeding covered by these Bylaws shall be advanced by the corpora- tion prior to the final disposition of the proceeding upon receipt by the corporation of an undertaking by or on behalf of such person that the advance will be repaid unless it is ultimately determined that such person is entitled to be indemnified by the corporation therefore. Page 11 Section 8.4 Insurance for Corporate Agents. The Corporation shall have the right to purchase and maintain insurance to the full extent permitted by law on behalf of any agent of the Corporation, including a Director, Officer, employee or other agent of the Corporation, against any liability asserted against or incurred by any officer, Director, employee, or agent in such capac- ity or arising out of the Officer's, Director's, employee's or agent's status as such. ARTICLE IX RECORDS AND REPORTS Section 9.1 Annual Report. Except as provided under Section 6321(c)(d) or (f) of the California Corporations Code, the Chairman shall furnish a written report within 120 days after the end of the Corporation's fiscal year to all of the Directors containing the following information: (a) The assets and funds, of this Corporation as ofathe 1end sof1the ufisctheng fiscal year; (b) The principal changes in assets and liabilities, including trust funds, during the fiscal year; (c) The revenue or receipts of this Corporation, both unrestricted and restricted purposes, for the fiscal year; The expenses for both general andrd estrictedpurposes eduring the nts of sfiscal ryear; (e) The amount and circumstances of any indemnifications or advances paid during the fiscal year to any Officer or Director of the Corporation. The annual report shall be accompanied by a report on the Corporation by independent accounts or, if there is no such report, by the certificate ofan authorized Officer of the Corporation that such statements were prepared without audit from the Corporation's books and records. Section 9.2 Corporate Records The corporation shall keep adequate books and records as may be required by law including, but not limited to: (a) Minutes in written form of the proceedings of the Board and committees of the Board. (b) Adequate and correct books and records of account; (c) If applicable, a record of its members, giving their names and addresses and the class of membership held. Page 12 !S3 Section 9.3 Inspection by Directors. Every Director shall have the absolute right at any reasonable time to inspect the Corporation's books, records, documents of every kind and the Corporation's property. The right of inspection includes the right to copy and make extracts of documents. This inspection by a Director may be made in person or by an agent or attorney, and the right of inspection includes the right to copy and make extracts of documents. Section 9.4 Inspection by Public. The Corporation's books, records, documents of every kind shall be public records available for inspection by the public. ARTICLE X AMENDMENTS Section 10.1 Amendment of Articles of Incorporation. Proposed amendments to this Corporation's Articles of Incorpo- ration must be submitted in writing to the Directors at least one (1) month in advance of the Board meeting at which they will be considered for adoption. A majority of the Directors present at any meeting shall be required to adopt an amendment to the Articles of Incorporation. Section 10.2 Amendments to By-laws. Proposed amendments to this Corporation's By-laws must be submitted in writing to the Directors at least one (1) month in advance of the meeting at which they will be considered for adop- tion. A majority of the Directors present at any meeting shall be required to adopt an amendment to the By-laws of the Corporation. Where any provision of these Bylaws requires the vote of a larger proportion of the Directors than otherwise is required by law, such provision may not be altered, amended or repealed except by the vote of such greater number. No amendment may extend the term of a Director beyond that for which such Director was elected. ARTICLE XI MISCELLANEOUS Section 11.1 Fiscal Year. The fiscal year of this Corporation shall end on each year on June 30. ion 11.2 Construction of By -Laws. Unless the context otherwise requires, the general provisions, rules of construction and definitions in the California Nonprofit Public Benefit Corporation Law shall govern the construction of Page 13 iSq these Bylaws. Without limiting the generality of the above, the masculine gender includes the feminine and neuter, the singular includes the plural and the plural includes the singular and the term "person" includes both a legal entity and a natural person. Section 11.3 Prohibited Transactions. This Corporation shall not make any loan of money or property to or guarantee the obligation of any Director or officer; provided, however, that this Corporation may advance money to a Director or Officer of this Corporation for expenses reasonably anticipated to be incurred in performance of the duties of such Officer or Director so long as such individual would be entitled to be reimbursed for such expenses absent the advance. Section 11.4 Compliance with Law The actions of a Director or Officer shall comport with all applicable provisions of the Corporations Code, Government Code and the Public Contracts Code. CERTIFICATE OF SECRETARY I, the undersigned, certify that I am the presently elected and acting secretary of the NATIONAL CITY LIVING HISTORY FARM PRESERVE, a California Nonprofit Public Benefit Corporation, and the above Bylaws, are the Bylaws of this corporation as adopted at a meeting of the Board of Directors held on July 23, 1992. Executed on July 23, 1992 at San Diego, California. , Secretary Page 14 1 S� INDEX TO BY-LAWS Amendments Articles of Incorporation, 13 By -Laws, 13 Committees of Directors Generally, 8 Meetings, 8 Compliance with Law, 14 Construction of By -Laws, 13 Directors Non -Liability, 5 Number Authorized, 3 Powers, General Corporate Powers, 2 Powers, Specific Powers, 3 Restrictions, 4 Selection of, initial Directors, 3 Selection of, Subsequent Directors, 4 Standard of Care, 5 Term of Office, 4 Vacancies in Office, Events Causing, 4 Vacancies in Office, Filling Vacancies, 4 Vacancies in Office, No Reduction, 4 Vacancies in Office, Resignations, 4 Fiscal Year, 13 Indemnification Advancement of Expenses, 11 Approval of Indemnity, 11 Insurance for Corporate Agents, 12 Right of Indemnity, 11 Insurance, 12 Limitations Dissolution, 2 Political Activity, 2 Property, 2 Meetings of Directors Action Without Meeting, 7 Meetings of Directors (continued) Adjournment, 8 Annual Meeting, 6 Conference Telephone, 6 Other Regular Meetings, 6 Place, 5 Quorum, 7 Special Meetings, 6 Special Meetings, Authority, 6 Special Meetings, Notice, 6 Waiver of Notice, 7 Membership, 2 Name of Corporation, 1 Officers Chairman of the Board, 10 Described, 9 Election, 9 Other Officers, 9 President/Chief Executive Officer, 10 Removal, 9 Resignation, 9 Secretary, 10 Treasurer/Chief Financial Officer, 10 Vacancies, 9 Vice -Presidents, 10 Other Offices of Corporation, 1 Principal Office of Corporation, 1 Prohibited Transactions, 14 Purpose of Corporation, 1 Records and Reports Annual Report, 12 Corporate Records, 12 Inspection by Directors, 13 Inspection by Public, 13 Page i tct NATIONAL CITY LIVING HISTORY FARM PRESERVE, INC. (STEIN FARM) BOARD MEMBERS CHAIRMAN Chris Johnson 1808 F Avenue National City, CA 91950 VICE-CHAIRMAN Lori Anne Peoples 1504 E. 22'd Street National City, CA 91950 SECRETARY Nancy Smith (Tim) 2333 East Ridge Cloud Chula Vista, CA 91915 TREASURER Vince Reynolds (Sandy) 1243 Manchester Street National City, CA 91950 BOARD MEMBERS Norman Johnson (Betty) 1364 Red Mountain Court Chula Vista, CA 91915 Mitch Beauchamp (Martha) P.O. Box 985 National City, CA 91951 Atana Coons (Bruce) 44 Kingston Court Coronado, CA 92118 Susan Zimmer (Al) 3553 Evergreen Road Bonita, CA 91902 477-4113 (h) 476-2557 (w) 477-4272 (w) 548-2934 (cell) 482-8480 (h) 479-8165 (h) 962-3756 (cell) 421-7314 (h) 477-5333 (w) 477-5380 (fax) 477-0295 (h) 424-5011 (h) 889-8081 (cell) 475-0153 (h) CONSULTANTS Bruce Coons - Historic Consultant 424-5011 (h) Lacy Warren— Garden Consultant 295-0342 (h) Mike Carey —Photographer 477-5445 (w) 477-7844 (h) Susan Walter (Steven)— Docent 426-5109 CO 476-0453 157 Exhibit "E" Certificate of Good Standing National City Living History Farm Preserve attended the Community Development Block Grant Technical Assistance Workshop on June 13, 2006 and received the following items: • Playing by the Rules, A Handbook for CDBG Subrecipients on Administrative Systems • CFR Title 24- Housing and Urban Development, CDBG Regulations • Quarterly and End of the Year Reporting Forms • Compliance and Performing Monitoring Tool • Expenditure Reimbursement Claim Form • Income Data Form Qualifying Clientele • Beneficiary Data Summary- Definitions and Guidelines These documents will assist Subrecipients with new U.S Department of Housing and Urban Development and City of National City reporting requirements. a t ✓ Ito Leticia Quintero, Program Administrator Exhibit "F" Affirmative Action Policy Provision of Program Services a. SUB -RECIPIENT shall not, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG funds. b. SUB -RECIPIENT shall not under any program or activity funded in whole or in part with CDBG funds, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap: 1) Deny any facilities, services, financial aid or other benefits provided under the program or activity; or Provide any facilities, services, financial aid, or other benefits which are different or are provided in a different form from that provided to others under the program or activity; or S) Subject to segregated or separate treatment in any facility in, or in any matter of process related to receipt of any service or benefit under the program or activity; or 4) Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity; or 5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services, or other benefits provided under the program or activity; or 6) Deny any opportunity to participate in a program or activity as an employee. c. SUB -RECIPIENT may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race, religion, color, national origin, sex, sexual preference, or handicap, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular race, religion, color, national origin, sex, sexual preference or handicap. d. SUB -RECIPIENT, in determining the site or location of housing or facilities provided in whole or in part with CDBG funds, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination on the grounds of race, color, national origin, or sex, or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto: e. In administering a program or activity funded in whole or in part with CDBG funds regarding which the SUB -RECIPIENT has previously discriminated against persons on the grounds of race, religion, color, national origin, sex, sexual preference or handicap, the g SUB -RECIPIENT must take affirmative action to overcome the effects of prior discrimination. f Even in the absence of such prior discrimination, a SUB -RECIPIENT in administering a program or activity funded in whole or in part with CDBG funds should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin, or sex. Where previous discriminatory practice or usage tends, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, to exclude individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program or activity to which CDBG funding applies, the SUB -RECIPIENT has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964. A SUB -RECIPIENT shall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. h. Notwithstanding anything to the contrary in Sections J. 1. (a. through h.), nothing contained herein shall be construed to prohibit any SUB -RECIPIENT from maintaining or constructing separate living facilities or rest -room facilities for the different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed only by a member of the same sex as the recipients of the services. 2. Employment Discrimination a. SUB -RECIPIENT shall not discriminate against any employee or application for employment because of race, color, religion, sex, national origin, age, or handicap. SUB - RECIPIENT shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, age, or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rate -of -pay or other forms of compensation and selection for training including apprenticeship. SUB -RECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. SUB -RECIPIENT shall, in all solicitations or advertisements for employees placed by or on behalf of SUB -RECIPIENT, state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or handicap. c. SUB -RECIPIENT shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the CDC's contracting officers, advising the labor union or workers' representative of SUB -RECIPIENT'S commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notices in conspicuous places available to employees and applicants for employment. SUB -RECIPIENT shall comply with all provisions of Executive Order 11246 of September 21, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.. i�u .e. SUB -RECIPIENT shall furnish to the CDC all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the related rules, regulations, and orders. f. In the event of SUB -RECIPIENT'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and SUB -RECIPIENT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 1124,6 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. SUB -RECIPIENT shall include the provisions of Section II. J. 2. (a. through f.), "Affirmative Action Policy," paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. SUB -RECIPIENT shall take such action with respect to any subcontract or purchase order as the CDC may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event SUB -RECIPIENT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CDC, SUB - RECIPIENT may request the United States to enter into such litigation to protect the interests of the United States. h. SUB -RECIPIENT shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). SUB -RECIPIENT shall also provide ready access to and use of all CDBG fund -assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.). Remedies: In the event of SUB -RECIPIENT'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and SUB -RECIPIENT may be declared ineligible for further government contracts and any such other sanctions as may be imposed and remedies invoked as provided by law. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 19, 2006 AGENDA ITEM NO. 10 (ITEM TITLE TEMPORARY USE PERMIT — Cruise for the Cause hosted by the American Red Cross a Plaza Bonita on Saturday, September 30, 2006 from 10 a.m. to 3:30 p.m. with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from the American Red Cross to conduct the Cruise for the Cause event at Plaza Bonita on September 30, 2006. This event will collect blood and register participants in the National Donor Marrow Program with the purpose to help children in need of blood products and bone marrow transplants. This event will include a bloodmobile, 4 canopies, 4 police vehicles, 1 fire engine and a live radio broadcast. Additionally, local car dubs will showcase over 80 vehicles. A sound system will provide music for the event. A waiver of fees is requested. The event and sponsoring organization meet the criteria in the City Council Policy No. 704 for a waiver of fees. However, due to the City's budget situation, staff is not recommending the waiver of fees. Environmental Review X N/A Financial Statement The City has incurred $345.00 for processing the TUP through various City departments, plus $349.00 for the Fire permits. Total fees are $694.00. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 4.4lizz; Resolution No. Application for a Temporary Use Pen -nit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: American Red Cross EVENT: Cruise for the Cause at Plaza Bonita DATE OF EVENT: September 30, 2006 TIME OF EVENT: 10 a.m. to 3:30 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS . [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: ENGINEERING NO CIP Projects in the event's vicinities anticipated as of event. However, please confirm with Engineering 2 weeks prior to the event to check, modify, and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-4388. FIRE (619) 336-4550 1. Fire Department access shall be provided and maintained at all times. 2. Fire hydrants, Fire Department Connections and any other fire safety appliances shall not be block or obstructed at any time. 3. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame- retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Permit fccs are $349.00. Fees can only be waived by the City Council. 4. Minimum of two, 2A:10BC fire extinguishers required for canopy area. Minimum of one, 2A:10BC fire extinguisher required for each bloodmobile. 5. No park vehicles or internal combustion engines (generator) are to be placed within 20 feet of the tent/canopy. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City, Parking Authority, and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. NATIONAL CITY, CALIF, Type of Event: _ Public Concert _ Fair _ Festival _ Parade _ Demonstration _ Circus Motion Picture _ Grand Opening _ Other a ommunity Event Block Party Event Title: C.ro16t. -r '11eUS Q' Event Location: P krzcL. --BpR Event Date(s): From oral to alLSeptbtal Anticipated Attendance: 01,3 tittui onth/Day/Year ( Participants) -evit ( Spectators) Actual Event Hours: am m to 3' 30 ame Setup/assembly/construction Date COO Start time: Please describe the scope of your setup/assembly work (specific details): VrP aye O -, fl asctsiftnot, Y\QQckQrj Dismantle Date: Sari-9,f)Completion Time: 5 am/C/ List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: ,YYL.P,YI (an - £ 'b S //For Profit `' Not -for -Profit Chief Officer of Organization (Name) V t► KK l r e Applicant (Name): ( \-\ Address: rat _ C1(2U - by SeeQ- c)2.�1 1 Daytime Phone: (1D)q) L9I 67 Evening Phone: (Q 5I'i 4k 3 I -, Fax: j€)(11 - t (E33 ,a., Pager/Cellular: I lU la ) / -52-co 2_ NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Contact Person "on site" day of the event. Fees The cost of processing the permit is dependent on the number of departments that must review the application. The maximum fee is $345. Unless a fee waiver is requested,.. the application fee is required at the time of submittal. The temporary use permit fees for events which are later withdrawn are nonrefundable Waiver of Fees To apply for a waiver of fees the Request for a Fee Waiver must be completed and submitted with the application. Fee waivers are generally granted for non- profit organizations that can demonstrate that the event will not generate any income to the organization, or that the net proceeds of the event will result in: a) direct financial benefit to an individual who resides or is employed in the city, and who is in dire financial need due to health reasons or a death in the family; or b) direct financial benefit to city government such as the generation of sales tax; c) direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club, etc; or d) direct financial benefit to an organization, which has been the direct recipient of City or Community Development Block Grants (CDBG) funding. Only the City Council has the authority to grant a waiver of fees. Duration The Class A Temporary Use Permit will be valid for ten days or as limited by the City Council. The permit is valid for the dates specified on the permit only. Insurance Where the use of City facilities is involved, the applicant may be required to provide a certificate of insurance, evidencing combined single limit coverage of at least $1 million and naming the City of National City and its officials, employees, agents and volunteers as additional insured's. Amounts of coverage are to be determined by the National City Risk Manager. In all cases involving the use of City facilities, the applicant is required to provide a Hold Harmless Agreement holding the City harmless from liability arising from the use of the facilities. Is your organization a "Tax Exempt, nonprofit" organization? y YES NONO Are admission, entry, vendor or participant fees required? YES 'ENO If YES, please explain the purpose and provide arnount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. ►s a_ nt n ptt-i-r evo.rr4 -t o 0.otla.�-4- lotryb , ah2 rc9ts-le1- i ►`%tG Pats in -tilt. kuttliwki bAcylitr. 1--tn.trat I try, n li 1m h ffi, AiYDt�se �D n +GI (1 nd/&r 61) avian) -k runs p lanb �p -everts- t.Tt) it w-tztlni,1 in a wp& a►ta, (nr-k 1li uni9 far !-tu Wt. hintriyn hhi%s, . 2 game,/ iiti Al 6 M P> 1 rtr� n�c �r thi elm 1t Was rnikG,lioh (Lt.uton ifkSpc y ), 4 fclr(n, fgkte1Dr) ► -Fire. eng i n.,i ram. kait, loathe y IO 0,6tsni , 63 ie, <<r9 1Cm k- brtn Lrr +, of c i kits. ban-1,154 n-4 rh(Ktotav 8D ittkiu , -off spl 1 (Aral ear — YES LAO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: Business Licenses A business license is required if monies are solicited; admittance is charged; or food, beverages or merchandise are sold. Each separate vendor must have a separate business license. Vendors currently licensed by the City may operate on their existing license. If any of the vendors or organizations are registered not -for -profit there will not be a charge for their business license. A list of all participating vendors (with their address, phone number and current National City business license number) is to be submitted to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. Fireworks A fireworks permit must be obtained from the Fire Department. The fee for the permit is $349.00. The permit must be obtained at least two weeks prior to the event. The Fire Department has absolute authority, control and decisions over all fireworks and/or pyrotechnic displays. An inspection from the Fire Department must be obtained prior to any ignition of fireworks. Tents or Canopies A permit is required from the Fire Department to erect a tent excess -of 200 square feet or a canopy in excess of 400 square feet or any combination that exceeds the limits. Tents and canopies shall be treated with a flame retardant and labeled as such. The fee for the permit is $349.00 and may be obtained from the Fire Department. YES td 0 Does the event involve the sale or use of alcoholic beverages? YES 0 Will items or services be sold at the event? If yes, please describe: _ YES 1,K10 Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES NVO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. L- YES _ NO Does the event involve the use of tents or canopies? If YES: 'II - j' -- Number of tent/canopies - 4- Sizes 6>es— ui ji I y be At�I A NOTE: A separate Fire Department permit is required for tents or canopies.ibat4 t n _ YES r.,K0 Will the event involve the use of the City stage or PA system? d t- arecu In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: rJ- If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) • Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers • Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and: immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Control and Internal Security: _ YES = NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: at-(i pa ite 0 Park 4 .Wfld Security Organization: Security Organization Address: Security Director (Name): Phone: — YES ‘T10 Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a deteiled descriptipn of your PARKING pl n: p l� >�l'iYj (emu t i, i I U Ir ova. G ,�.PA a KGB . caylt a.14 s Please describe you plan fo DIS BLED PARKI G al16 tan�Lga i� , I ay6,- Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: yJ .A. Number of Bands: Type of Music: Ravi a.cin , ?And (JYES NO Will sound amplification be used? If YES, please indicate: Start time: 1 ®(pm Finish Time ""oj ',DC-) am/ CO t/YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: ' ; pn r&'pm Finish Time 3 ;'�D am P� f Please describe the sound equipment that will be used for your event: tRodLo sAca-bn Saulfcl _ YES 4.4(6 Fireworks, rockets, or other pyrotechnics? If YES, please describe: >;rYES NO Any signs, banners, decorations, special lighting? If YES, please describe: _OIL_ and. 9, flrc c. ( nncYs C5x6 a c4kr(f b1.6714 d_ n -(L1Z 5t Revised 08/10/05 Event: For Office 'Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes Vote: Kathleen Trees, Director Building & Safety Department City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? t/ .Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization /_.,y Y e_ r CrocS Type of Organization NCill\ i? i-i- Cnnintun DrTnilAl dye (Service Club, Church, Social Service Agency etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) 1./-No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date August 14, 2006 Hilda Ance Community Outreach Consultant American Red Cross 7675 Mesa College Drive San Diego, CA 92111 RE: AMERICAN RED CROSS BLOOD DRIVE PLAZA BONITA Dear Hilda: Thank you for meeting with us to discuss the details of the upcoming Blood Drive at Westfield Plaza Bonita. Please let this letter serve as permission to hold your Blood Drive on Westfield Plaza Bonita property on Saturday, September 30, 2006. Following are the details of our discussion: 1). LOCATION: Blood Drive to be held outdoors in Parking Lot # 7, corner of Sweetwater Road, and Plaza Bonita Road. 2). DATE: Saturday, September 30, 2006. 3). TIME: Set-up to begin at 7:00 a.m. Event to be over by 5:00 p.m. 4). EVENT AREA: Plaza Bonita to rope off an area of approximately 150 parking spaces for use by Blood Drive. Event to be contained within roped off area in order to leave adequate parking, entrances, and exits from parking lot for blood donors and event participants. 5). EVENT PARTICIPANTS: In order to contain the event within the roped off area we discussd the following participants — 2 Blood Mobiles 1 Fire Engine 4 Police Vehicles 1 canopy for Leukemia Society signup area and volunteers 1 canopy for Bone Marrow Support Foundation signup area and volunteers EXA Radio vehicle (tent?) with sound system Magic 92.5 Radio in a 10' X 20' tent (doing remote broadcasts) Mariachi band Ballet Folklorico 80 Vehicles on display frorn local car club PAGE -2- American Red Cross to provide any Security needed to patrol event. American Red Cross to be in charge of event and to observe the National City Noise Ordinance: no noise between the hours of 10:00 p.m. to 7:00 a.m. American Red Cross to monitor volume of Marachi band, Ballet Folklorico, radio station entertainment or any other entertainment. Please contact me at 619-267-2850 for any additional questions. Best Regards, Donna Kudrick Specialty Leasing Manager Westfield Plaza Bonita 49a;Y1^. ,v) 104- # Go r vkk,f 0 - Y co/AA Oaz a- 3b0 paYKi sfa-c . 15-O { sponsors ex)-4-rcda ruesi arkl s -' Yr s 1 tP°i"�i�tpa�v�� Cb Westfield Corporation, Inc. N-FIM<N_N1Y11ii IaN04fPAM AIFM SITE PLAN SCALE Or •NOPPINATOWM PLAZA BONITA City of National City, California COUNCIL AGENDA STATEMENT SEPTEMBER 19, 2006 11 MEETING DATE AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER # 8 PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-4240 EXPLANATION Ratification of Warrant Register # 8 per Government Section Code 37208. Environmental Review N/A Finan ' ale. Approved By: Budget & Inve .t> ient & Officer Account No. STAFF RECOMMENDATIQN i recommend ratification of these warrants for a total of $ 1,293,906.00 BOARD / COMMISSION dtECOMMENAD�TION 7� ATTACIHMIR4iiiniktflit) Resolution No. 2. Workers Comp Warrant Registers dated 8/16/06 3. A-200 (9/80) Payee BARAHURA BEST WESTERN POSADA ROYALE SAN DIEGO AREA CHAPTER ICC A-1 HYDRAULICS SERVICE INC ACCOUNTEMPS ACCOUNTEMPS ACCOUNTEMPS AIRGAS-WEST AMERICAN ROTARY BROOM CO., I ASBURY ENVIRONMENTAL SERVI SG SIGNS BANK OF AMERICA BOCKS AWARDS, INC. BONITA PET HOSPITAL BOOT WORLD BRATTIN MOTORS/ BUSH POWER BRAKE SERVICE CAL EXPRESS CALIFORNIA COMMERCIAL SECUR CALIFORNIA POLICE CHIEFS' CARDIAC SCIENCE CHEVRON USA, INC. CHOICEPOINT CITY OF SAN DIEGO CLAIREMONT EQUIP RENTALS INC. DNGRESS OF HISTORY City of National City WARRANT REGISTER # 8 8/22/2006 Description chk no ADV TUITION/MEALS/MILEAGEBARAHURA 1210025 ADV LODGINGBARAHURA DENISE 210026 SD AREA CHAPTER ICC CLASSES/LUIS SAINZ 210027 MA I'ERIAL 210028 TEMP SRVCS MARY-JO REBELEZ W/E 7/21/06 210029 TEMP SRVCS MARY-JO REBELEZ W/E 8/04/06 210030 TEMP SRVCS MARY-JO REBELEZ W/E 7/28/06 210031 MOP 45714 - CARBON DIOXIDE MOBIL M/B POLY & WIRE MATERIAL KIT 50/50 COOLANT PROGRAMS FOR THE AWARDS PROGRAM 210032 210033 210034 210035 CREDIT CARD PAYMENT#2878/GOVERNMEN1210036 LIFESAVING MEDAL ENSEMBLE WITH GOLD 210037 EMERGENCY ANIMAL CARE FOR STRAY ANI1210038 MOP 64096 - SAFETY BOOTS - HAUG REAR D2056 SPORTMAX MOP 45694 - BRAKES JULY CHARGES FOR COURT FILINGS MOP 45754 - KEYS 210043 ADV TUITION/REGISTRATION/RODRIGUEZ M210044 ELECTRODES DEFIBRILLATION G3 & EARLIE 210045 MOP 45699 - FUEL CREDIT CARDS 210046 AUTO TRACK DATABASE - UNLIMITED ACCE210047 FY-07 1ST QUARTER SPHERICAL PLAN CONGRESS OF HISTORY MEMBERSHIP 210039 210040 210041 210042 210048 210049 210050 chk date amount 8/17/06 184.14 8/17/06 528.00 8/17/06 350.00 8/22/06 893.84 8/22/06 1,480.00 8/22/06 1,480.00 8/22/06 1,221.00 8/22/06 44.34 8/22/06 845.43 8/22/06 208.60 8/22/06 429.93 8/22/06 113.10 8/22/06 173.01 8/22/06 183.00 8/22/06 221.95 8/22/06 332.51 8/22/06 39.83 8/22/06 90.20 8/22/06 106.88 8/22/06 596.00 8/22/06 68.96 8/22/06 78.84 8/22/06 100.00 8/22/06 1,123,986.00 8/22/06 128.91 8/22/06 12.00 1 Payee COPIER SOLUTIONS CORPORATE EXPRESS COUNTY OF SAN DIEGO City of National City WARRANT REGISTER # 8 8/22/2006 Description FUSER GEAR MOP 45704 OFFICE SUPPLIES PERMIT RENEWAL/GEN. HAZ. MATERIALS CREST OFFSET PRINTING COMPAN FOUR-COLOR FLYERS, CONCERT D-MAX ENGINEERING INC JULY 2006 SERVICES D-MAX ENGINEERING INC DEPOSIT#827 NPDES/2100 HIGHLAND D-MAX ENGINEERING INC D-MAX ENGINEERING INC D-MAX ENGINEERING INC D-MAX ENGINEERING INC DANIEL PEARCE/ RPM WELDING DATA TICKET INC DREW FORD ESGIL CORPORATION FEDEX FIRE ETC FLEET SERVICES, INC G & A AUTO AIR CONDITIONING GEORGE H WA 11 RS NUTRITION CN GRAINGER HOME DEPOT/GECF HYDRO-SCAPE PRODUCTS INC. HdL COREN & CONE ICMA IRVINE HILTON HOTEL J & M CARPET SERVICE JAS PACIFIC, INC. DEPOSIT#722 NPDES/K AVE HOMES DEPOSIT#574 HILLSIDE HOMES DEPOSIT#950 NPDES/PACIFIC VIEW DEPOSIT#930 CYPRESS GLEN CONDOS MOP 45749 - REPAIRS TO FIRE ENGINE SUPPORT CONTRACT, REPLACE HH UNIT IN : 210062 chk no 210051 210052 210053 210054 210055 210056 MOP 49078 - HOSE ASSEMBLY #388 PLAN CHECK SRVCS 7/01/106 - 7/31/06 PAYMENT FOR FEDEX CHARGES 2.5 GALLON PRESSURIZED WATER MOP 67804 - SHOE/AXLE KIT LABOR "NIGHT OUT" PROMOTIONAL EVENT MOP 65179 HEX KEY SET KEMKLOR II LIQUID CHLORINE 2 GALLON 210071 210072 210057 210058 210059 210060 210061 MOP 45720 - ROTOR CONTRACT SRVCS PROPERTY TAX JUL-SEP 2210073 ICMA MEMBERSHIP RENEWAL/ZAPATA/WUR210074 ADV LODGING/ROLE OF THE CHIEF/RODRIGI.210075 CLEAN UP OF SEWAGE BACKUP AT POLICE 210076 JIM MCCOY/FRANK SM1TH/BLDG INSPECTR F210077 210063 210064 210065 210066 210067 210068 210069 210070 chk date amount 8/22/06 120.98 8/22/06 1,030.02 8/22/06 1,589.00 8/22/06 329.72 8/22/06 6,523.50 8/22/06 1,443.00 8/22/06 1,090.00 8/22/06 484.00 8/22/06 268.00 8/22/06 184.00 8/22/06 109.40 8/22/06 8,728.43 8/22/06 96.74 8/22/06 4,020.44 8/22/06 75.40 8/22/06 165.94 8/22/06 323.07 8/22/06 1,942.35 8/22/06 400.00 8/22/06 160.45 8/22/06 431.72 8/22/06 145.46 8/22/06 2,400.00 8/22/06 2,188.00 8/22/06 326.85 8/22/06 3,671.48 8/22/06 8,808.60 2 Payee JOBS AVAILABLE INC. LAWTON PRINTING, INC. LEXIS-NEXIS LINCOLN EQUIPMENT INC. MILLER MINUTEMAN PRESS N C CHAMBER OF COMMERCE NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NATIONAL CITY CAR WASH NATIONAL CITY DETAIL SHOP DRTH PARK TROPHY & AWARD C OFFICE TEAM ONE DAY PAINT & BODY (INC.) ONE SOURCE DISTRIBUTORS P.G AUTO PARTS PACIFIC AUTO REPAIR PACIFIC MUNICIPAL CONSULTANT PARTS PLUS AUTOSTORE #713 PERRY FORD PERSONNEL CONCEPTS LTD POWERSTRIDE BATTERY CO INC PROCHEM SPECIALTY PRODUCTS I PROMAXIMA, MFG. LTD. PROTECT AMERICA INC. PRUDENTIAL OVERALL SUPPLY DDRIGUEZ City of National City WARRANT REGISTER # 8 8/22/2006 Description ADVERTISING/LINE AD-8/08/06 INDEX TABS FOR PAYROLL DIVISION LEXIS-NEXIS ON LINE CHARGES DULY 2006 ALGIMYCIN 2000, 1 GALLON chk no 210078 210079 210080 210081 REFUND/PLAN CHECK NOT COMPLETED PR0210082 VEHICLE IMPOINT CONTROL FORM, #PD250 210083 CITY ENHANCEMENT FUND AUG 2006 MOP 45735 - PART FOR VEHICLE #406 INSERT DRIVER'S SEAT CUSHION AND 210084 210085 210086 CAR WASHES FOR CITY FLEET, AS NEEDED 210087 MOP 45737 - DETAIL 99 FORD 210088 LT BROWN/WHITE 10X12 (NO TURNOUT GEA210089 TEMP SRVCS HARROD JILL A W/E 7/28/06 LABOR ON VEHICLE (METAL WORK) MOP 67256 - LAMP RELAY HEATER. CORE 210090 210091 210092 210093 210094 ASSISTANT PLANNER CONSULTANT JULY 201210095 MOP 64946 - GLOSSY BLACK MOP 45703 - CHECK ELECTRICAL LABOR LAW POSTINGS/GOVERNMENTAL PU210098 MOP 67839 - BATTERY 6 GL PAILS AQUEOUS PARTS CLEANER FW66. SHOULDER PRESS BENCH. STOOL MAYOR'S ALARM MONITORING MOP 45742 - UNIFORMS - PARKS 210096 210097 210099 210100 210101 210102 210103 ADV MEALS/PARKING/RODRIGUEZ MANUEL 210104 chk date amount 8/22/06 204.00 8/22/06 8/22/06 8/22/06 8/22/06 8/22/06 8/22/06 8/22/06 8/22/06 8/22/06 8/22/06 8/22/06 8/22/06 8/22/06 8/22/06 8/22/06 8/22/06 32.25 379.18 437.03 1,440.00 500.35 3,750.00 571.57 170.25 332.00 65.00 315.90 843.15 963.33 42.74 282.11 500.00 8/22/06 8,460.51 8/22/06 8/22/06 8/22/06 8/22/06 8/22/06 8/22/06 8/22/06 8/22/06 8/22/06 52.11 1,339.26 376.59 252.53 299.28 175.00 29.95 416.70 45.15 Payee SAN DIEGO SPEEDO TACH, INC. SBC/MCI SILVA SILVA SMART & FINAL STARTECH COMPUTERS TARULLI TIRE SAN DIEGO INC TETRA TECH ISG #1 TETRA TECH ISO #1 TETRA TECH ISG #1 TETRA TECH ISG #1 TETRA TECH ISG #1 TETRA TECH ISG #1 THE HOSE PROS THE LIGHTHOUSE, INC THE STAR NEWS TOPECO PRODUCTS U.S. HEALTHWORKS U.S. IDENTIFICATION MANUAL UNION TRIBUNE PUBLISHING CO UNION TRIBUNE PUBLISHING CO US STERLING CAPITAL CORP WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY BOOT WORLD CUMMINS CAL PACIFIC, LLC FEDEX City of National City WARRANT REGISTER # 8 8/22/2006 Description chk no SPEEDOMETER CALIBRATION FOR CITY T-1, PHONE LINES, ISDN LINES. MONTHLY 210106 REIMB/REGISTRATION FEE/CLAUDIA SILVA 210107 REIMB/TRAVEL EXPENSES/CLAUDIA SILVA 210108 SENIOR CENTER CLUB SUPPLIES 210109 MOP 61744 KINGSTON MEMORY/LOGITECH N210110 MOP 47940 - TIRE REPAIRS 210111 DEPOSIT#1066 VAN NESS-PLAN CHECK DEPOSIT#954 PLAN CHECK HARBORVIEW 210105 210112 210113 DEPOSIT#764 1945 PALM AVENUE 1ST CHECE210114 DEPOSIT#954 PLAN CHECK-HARBORVIEW 210115 DEPOSIT#764 PALM AVE 20TH PLAN CHECK 210116 210117 DEPOSIT#1024 2112 N AVE PLAN CHECK #8G-8FJX - JIC SWIVEL FEMALE MOP 45726 - ON/OFF SWITCH PAYMENT FOR LEGAL ADVERTISING MOP 63849 - NUTS/SCREWS MEDICAL SERVICES/PHYSICAL SUBSCR RNWL US IDENTIFICATION MANUAI210123 ONE YR NEWSPAPER SUB S/ACCT#63158 F1NA210124 ONE YR SUBSCRIPTN ACCT#741399/C.ATTOR1210125 TRADE SETTLING CHRGS 7/22/06 - 7/28/06 MOP 63850 - SUPER SWIVELL MOP 45763 BATTERIES SHOES FOR JAVIER CEBALLOS BUS PARTS AS NEEDED FOR FY07 SHIPPING CHARGES 210118 210119 210120 210121 210122 210126 210127 210128 210129 210130 210131 chk date amount 8/22/06 250.00 8/22/06 713.76 8/22/06 420.00 8/22/06 310.91 8/22/06 189.28 8/22/06 155.93 8/22/06 461.62 8/22/06 1,125.00 8/22/06 750.00 8/22/06 540.00 8/22/06 375.00 8/22/06 375.00 8/22/06 375.00 8/22/06 243.53 8/22/06 33.27 8/22/06 220.38 8/22/06 103.81 8/22/06 270.00 8/22/06 176.96 8/22/06 185.00 8/22/06 160.00 8/22/06 99.00 8/22/06 158.43 8/22/06 12.25 8/22/06 58.16 8/22/06 60.06 8/22/06 39.15 4 City of National City WARRANT REGISTER # 8 8/22/2006 Payee Description chk no chk date amount JANKOVICH COMPANY DIESEL FUEL 210132 8/22/06 37,788.26 JOHN BURNHAM INSURANCE SVCS POLICY RENEWAL- 08/01/06 TO 08/31/06 210133 8/22/06 186.00 LASER SAVER INC NATIONAL SAFETY COUNCIL NEXTEL COMMUNICATIONS PRE -PAID LEGAL SERVICES INC SAFETY-KLEEN SYS I'EMS, INC. SBC SMART & FINAL SOUTH COAST MEDICAL CLINIC TARULLI TIRE INC.-SAN DIEGO NIFIRST CYBERGUYS LASER SAVER INC ACOSTA ALWAN AMBROSIA FINE FOOD, LLC. ARONSON BAUTISTA BLANCO CARLA CAMPBELL LEHN CATHAY RETA CINGULAR WIRELESS CLARK COMBS CORPORATE EXPRESS BLACK INK FOR PRINTER 210134 8/22/06 21.50 ANNUAL MEMBERSHIP RENEWAL 210135 8/22/06 285.00 NEXTEL PHONES - JULY 10 TO AUGUST 09 210136 8/22/06 766.28 PRE PAID LEGAL - AUGUST '06 210137 8/22/06 801.00 WASTE REMOVAL 210138 8/22/06 2,460.85 PHONE SERVICE - AUG 05 TO SEP 04 210139 8/22/06 353.88 END OF THE YEAR EMPLOYEE EVENT 210140 8/22/06 373.68 DMV RENEWAL 210141 8/22/06 36.00 TIRES FOR BUSES 210142 8/22/06 2,466.25 MAINTENANCE LAUNDRY SERVICE FOR FY0' 210143 8/22/06 74.19 Y-SLITTER LIBERATOR POWER EXT. 210144 8/22/06 55.71 MATERIALS & SUPPLIES 210145 8/22/06 1,925.60 TRAVEL (LIT. INIT. XIV) 210146 8/22/06 40.80 TRAVEL (LIT. INIT. XIV) 210147 8/22/06 44.88 TRAVEL (LIT. INIT. XIV) 210148 8/22/06 226.02 TRAVEL (AMERICORPS/CNCS Y-3) 210149 8/22/06 171.26 TRAVEL (AMERICORPS/LSTA Y-3) 210150 8/22/06 152.99 EXPERT SERVICES (PRIME TIME Y-2) 210151 8/22/06 350.00 TRAVEL (LIT. INIT. XIV) 210152 8/22/06 16.79 TRAVEL (PRIME TIME Y-2) 210153 8/22/06 48.28 WINGS CELL PHONE. 210154 8/22/06 172.89 EXPERT SERVICES (LIT. INIT. XIV) 210155 8/22/06 2,500.00 IKAVEL (LIT. INIT. XIV) 210156 8/22/06 152.32 MAT. & SUPPLIES (PRIME TIME Y-2) 210157 8/22/06 565.65 DX TRAVEL (AMERICORPS/CNCS Y-3) 210158 8/22/06 30.04 5 City of National City WARRANT REGISTER# 8 8/22/2006 Payee DAVIS DEERING Description chk no chk date amount TRAVEL (AMERICORPS/LSTA Y-4) 210159 8/22/06 145.74 TRAVEL (AMERICORPS/CNCS Y-3) 210160 8/22/06 30.71 DEL NORTE COUNTY PUBLIC LIB TRAVEL (PRIME TIME Y-2) 210161 8/22/06 600.00 ELIOFF EXPERT SERVICES (PRIME TIME Y-2) 210162 8/22/06 750.00 GARCIA TRAVEL (LIT. INIT. XIV) 210163 8/22/06 285.94 GINIGER EXPERT SERVICES (PRIME TIME Y-2) 210164 8/22/06 300.00 GOMEZ TRAVEL (AMERICORPS/CNCS Y-3) 210165 8/22/06 65.88 GUILLEN TRAVEL (AMERICORPS/CNCS Y-3) 210166 8/22/06 113.48 JACQUELYN BRINKLEY TRAVEL (LIT. INIT. XIV) 210167 8/22/06 11.49 KERR TRAVEL (AMERICORPS/CNCS Y-3) 210168 8/22/06 19.58 LOUIS TRAVEL (LIT. INIT. XIV) 210169 8/22/06 123.86 LUA-CORDOVA TRAVEL (AMERICORPS/CNCS Y-3) 210170 8/22/06 356.00 LYNNE PRICE EXPERT SERVICES (PRIME TIME Y-2) 210171 8/22/06 350.00 MARISCAL TRAVEL (LIT. INIT. XIV) 210172 8/22/06 51.00 MCGRIEVY EXPERT SERVICES (LITERACY SERVICES Y-4'210173 8/22/06 150.00 MOSELEY TRAVEL (LIT. INIT: XIV) 210174 8/22/06 221.71 NEWSOM TRAVEL (AMERICORPS/CNCS Y-3) 210175 8/22/06 97.97 O'HARA TRAVEL (LIT. INIT. XIV) 210176 8/22/06 1,243.60 PACHECO TRAVEL (LIT. INIT. XIV) 210177 8/22/06 23.80 PALATO TRAVEL (AMERICORPS/CNCS Y-3) 210178 8/22/06 139.29 PIMENTEL TRAVEL (AMERICORPS/CNCS Y-3) 210179 8/22/06 74.76 PREVEDEL EXPERT SERVICES (LIT. INIT. XIV) 210180 8/22/06 9,910.00 QUINTERO TRAVEL (AMERICORPS/LSTA Y-3) 210181 8/22/06 8.00 ROBINSON TRAVEL (AMERICORPS/CNCS Y-3) 210182 8/22/06 10.68 ROJAS TRAVEL (AMERICORPS/CNCS Y-3) 210183 8/22/06 22.25 RUTH TRAVEL (AMERICORPS/CNCS Y-3) 210184 8/22/06 40.76 SCLLN EXPERT SERVICES (LIT. INIT. XIV) 210185 8/22/06 1,050.00 6 City of National City WARRANT REGISTER # 8 8/22/2006 Payee STUDENT TRANSPORATION WONG YAMAMOTO ZIKRATCH Description TRAVEL (PRIME TIME Y-2) TRAVEL (LIT. INIT. XIV) TRAVEL (LIT. INIT. XIV) TRAVEL (LIT. INIT. XIV) chk no chk date amount 210186 8/22/06 610,00 210187 8/22/06 37.00 210188 8/22/06 121.60 210189 8/22/06 53.58 Workers compensation checks Total $ 1,280,175.26 11999. 8/16/06 59.29 12000 8/16/06 16.40 12001 8/16/06 59.29 12002 8/16/06 28.80 12003 8/16/06 191.86 12004 8/16/06 47.60 12005 8/16/06 130.10 12006 8/16/06 47.60 12007 8/16/06 17.28 12008 8/16/06 41.44 12009 8/16/06 103.80 12010 8/16/06 1,248.00 12011 8/16/06 96.75 12012 8/16/06 163.41 12013 8/16/06 116.72 12014 8/16/06 122.19 12015 8/16/06 117.85 12016 8/16/06 1,864.99 12017 8/16/06 142.31 12018 8/16/06 98.70 12019 8/16/06 266.66 7 City of National City WARRANT REGISTER # 8 8/22/2006 Payee Description chk no chk date amount 12020 8/16/06 3,110.52 12021 8/16/06 402.02 12022 8/16/06 550.00 12023 8/16/06 400.00 12024 8/16/06 400.00 12025 8/16/06 400.00 12026 8/16/06 400.00 12027 8/16/06 1,980.00 12028 8/16/06 32.30 12029 8/16/06 1,074.86 Total $ 13,730.74 Grand Total 1,293,906.00 TRANSIT WARRANTS CHECKS 210129-210143 CKS 15 TOTAL $45,770.26 8 City of National City WARRANT REGISTER #8 8/22/2006 001 GENERAL FUND 32,520.51 104 LIBRARY FUND 1,993.31 105 PARKS MAINTENANCE FUND 269.67 111 P.O.S.T. FUND 1,587.14 120 PLAN CHECKING REVOLVING FUND 14,269.04 125 SEWER SERVICE FUND 1,130,533.86 246 WINGS GRANT 172.89 253 RECREATIONAL ACTIVITIES FUND 189.28 284 Literacy Initiatives XIV 16,114.39 287 AMERICORPS LSTA III 166.71 288 PRIME TIME II 3,573.93 291 AMERICORPS CNCS YEAR 3 1,166.94 301 GRANT-C.D.B.G. 350.00 320 LIBRARY GRANTS 295.74 552 TDA 45,770.26 626 FACILITIES MAINT FUND 5,207.07 627 LIABILITY INS. FUND 13,799.70 628 GENERAL SERVICES FUND 154.57 629 INFORMATION SYSTEMS MAINTENA 155.93 631 TELECOMMUNICATIONS REVOLVI 713.76 632 GENERAL ACCOUNTING SERVICES 6,798.25 643 MOTOR VEHICLE SVC FUND 11,094.05 726 ENGINEERING/PUBLIC WORKS T & A 7,009.00 TOTAL 1,293,906.00 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. UDGET & IN TMENT OFFICER FINANCE COMMITTEE CITY MANAGER NICK INZUNZA; MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER ROSALIE ZARATE, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 19th OF SEPTEMBER 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT SEPTEMBER 19, 2006 MEETING DATE AGENDA ITEM NO. 12 ITEM TITLE WARRANT REGISTER # 9 PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-4240 EXPLANATION Ratification of Warrant Register # 9 per Government Section Code 37208. L Environmental Review N/A FinanLitt*totiallSle. Approved By: eei get, & I Bunyeftment & Officer Account No. STAFF RECOMMENDATION I recommendratl cation of these warrants for a total of $ 1,240,517.93 BOARD / COMMISSION RECOENDATION deneetv ATTABHMAW-Ant(I14I 14Idi®w ) 2. Workers Comp Warrant Registers dated 8/23/06 3. Payroll Register dated 8/23/06 Resolution No. A-200 (9/80) City of National City WARRANT REGISTER # 9 8/29/2006 Payee Description chk no chk date amount JEFF KATZ ARCHITECTURE WATER RECLAMATION SYSTEM/NC FIRE STATION 200177 8/29/2006 1,255,00 ALPHA BEHAVIORAL HEALTH SVCS. ANGER MGMNT SKILLS CLASS 8/29/06 210190 8/24/2006 105.00 JOBING.COM SD CAREER EXPO EVENT 8/30/06 210191 8/24/2006 899.00 ACCOUNTEMPS TEMP SRVCS MARY-:IO REBELEZ W/E 8/11/06 210192 8/29/2006 1,332.00 AUDIO DESIGN SOUND SYSTEM AND STAGE EXTENSION 210193 8/29/2006 2,455.48 BATTERY SPECIALTIES DRY CELL BATTERIES 210194 •8/29/2006 139.77 BC TRAFFIC SPECIALIST TRAFFIC CONES 210195 8/29/2006 642.19 BELTANE WEB SERVICES - QUICK SSL CERTIFICATE 1 YEAR— 210196 8/29/2006 387.00 BENNETT BROTHERS, INC. EMPLOYEE RECOGNITION PROGRAM 210197 8/29/2006 1,455.00 BEST BEST & KRIEGER LLP LIABILITY CLAIM COSTS/HUNTER V. C OF N C 210198 8/29/2006 8,304.95 'ST BEST & KRIEGER LLP LIABILITY CLAIM COSTS/LOVE R V. C OF N C 210199 8/29/2006 5,297.70 BOYD RETIREE HEALTH BENEFITS SEP 2006 210200 8/29/2006 145.00 C W REED JR RETIREMENT 2000964-S90 FOR SEP 2006 210201 8/29/2006 1,016.02 CHILDREN'S HOSPITAL CHILD SEXUAL ABUSE EXAM 210202 8/29/2006 373.00 CHRISTMAS IN JULY SEPTEMBER RENTAL FEES FOR 2032 B AVE 210203 8/29/2006 1,500.00 CITY OF SAN DIEGO ARJIS FORMS, ARJIS 2, ARJIS 3, ARJIS 8 210204 8/29/2006 754.62 CMC RESCUE INC 8 MM RED PRUSICK CORD #293038. 210205 8/29/2006 489.14 CORPORATE EXPRESS MOP 45704 CD-R 700MB SPDNL 100PK 210206 8/29/2006 1,558.63 COUNTY OF SAN DIEGO PROP "D" ELECTION COSTS 210207 8/29/2006 6,701.00 COUNTY OF SAN DIEGO WORKPLAN & REPORT REVIEW SPEC 04-5 210208 8/29/2006 230.00 CREST OFFSET PRINTING COMPANY BAYFRONT EXPO AND CONCERT POSTERS 210209 8/292006 650.81 DAPPER TIRE COMPANY TIRES ' 210210 8/29/2006 413.27 DATA TICKET INC JULY 2006 PARKING CITATIONS PROCESSING 210211 8/29/2006 5,243.61 DEFRATIS RETIREE HEALTH BENEFITS SEP 2006 210212 8/29/2006 120.00 DELANEY EDUCATIONAL RPLC CK#202402 - BOOKS (WOW) 210213 8/29/2006 879.67 ERCHIO RETIREE HEALTH BENEFITS SEP 2006 210214 8/29/2006 70.00 DIXIELINE LUMBER CO. MOP 45707 DRAIN OPENER/TRASH CAN/PLIERS 210215 8/29/2006 102.77 DREDGE RETIREE HEALTH BENEFITS SEP 2006 210216 8/29/2006 250.00 1 DURRA INK MOP 46766 BUSINESS CARDS 210217 8/29/2006 143.79 EDAW, INC. CHANNEL MAINTENANCE WORKGROUP 210218 8/29/2006 2,726.50 EMBASSY SUITES HOTEL ADV LODGING/SAKAMOTO 210219 8/29/2006 277.33 EWERT, PHILLIP RETIREE HEALTH BENEFITS SEP 2006 210220 8/29/2006 160.00 G & A AUTO AIR CONDITIONING NEW HEATER CORE 210221 8/29/2006 698.64 GEORGE H WATERS NUTRITION CNTR NEIGHBORHOOD COUNCIL QUARTERLY BREAKFAS' 210222 8/29/2006 975.00 GEORGE H WATERS NUTRITION CNTR AWARD BREAKFAST FOR NCPD 210223 8/29/2006 735.00 MOP 65179 GLOVE DRIVERS 210224 8/29/2006 88.25 RETIREE HEALTH BENEFITS SEP 2006 210225 8/29/2006 100.00 BRAKE PARTS 210226 8/29/2006 72.00 HC79190. DRUNK & DANGEROUS PACKAGE 210227 8/29/2006 256.58 RETIREE HEALTH BENEFITS SEP 2006 210228 8/29/2006 150.00 EMPLOYEE ASSISTANCE PROGRAM JULY 2006 210229 8/29/2006 816.24 EMPLOYEE ASSISTANCE PROGRAM AUG 2006 210230 8/29/2006 809.08 CONSULTING SVCS 210231 8/29/2006 9,638.56 NC BAYFRONT EXPO & CONCERT DISPLAY 210232 8/29/2006 818.90 RECORDS MGMNT & DOCUMENT STORAGE SERVICE 210233 8/29/2006 101.25 GRAINGER HAMILTON HART'S AUTO SUPPLY HEALTH EDCO HOLLOWAY HORIZON HEALTH EAP HORIZON HEALTH EAP HUSK PARTNERS INDUSTRIAL & ARCHITECTURAL IRON MOUNTAIN RECORDS JOBING.COM KIMBLE KINKO'S NATIONAL LA PRENSA SAN DIEGO LASER SAVER INC I.ONG'S DRUG STORES MAINTEX, INC. MATIENZO MCCABE MURRAY..IOH-IN MYERS NORMITA F ATANGAN NOSAL. WILLIAM A. OFFICE OF JUSTICE PROGRAMS OUCHI'S POWER EQUIPMENT PA UU PHOENIX FOODSERVICES POTTER PROMAXIMA, MFG. LTD. JOBING.COM SUBSCRIPTION AGREEMENT RETIREE HEALTH BENEFITS SEP 2006 RPLC CK#204624- COPIES FOR GANG INJNCTN LEGAL ADVERTISING/DEPUTY FIRE MARSHAL MOP 45725 TONER HP 1160/1012 COMPATIBLE MOP 45727 KODAK MAX 400 JANITORIAL SUPPLIES RETIREE HEALTH BENEFITS SEP 2006 RETIREE HEALTH BENEFITS SEP 2006 RETIREE HEALTH BENEFITS SEP 2006 RETIREE HEALTH BENEFITS SEP 2006 REFUND/OVERPAYMENT OF PARKING CITATION RETIREMENT SETTLEMENT FOR SEP 2006 CLOSEOUT AWARD #2003-LBBX-2678 MOP 45740 BLOWER RETIREE HEALTH BENEFITS SEP 2006 ADV MEALS/SAKAMOTO RETIREE HEALTH BENEFITS SEP 2006 2-TIER DUMB BELL RACK WITHOUT SADDLES, 210234 8/29/2006 6,604.00 210235 8/29/2006 300.00 210236 8/29/2006 1,313.34 210237 8/29/2006 75.24 210238 8/29/2006 139.91 210239 8/29/2006 21.53 210240 8/29/2006 512.41 210241 8/29/2006 100.00 210242 8/29/2006 280.00 210243 8/29/2006 150.00 210244 8/29/2006 140.00 210245 8/29/2006 60.00 210246 8/29/2006 956.73 210247 8/29/2006 3,587.57 210248 8/29/2006 484.86 210249 8/29/2006 340.00 210250 8/29/2006 34.00 210251 8/29/2006 150.00 210252 8/29/2006 875.00 2 PRUDENTIAL OVERALL SUPPLY MOP 45742 TOWEL BATH WHITE 210253 8/29/2006 63.06 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 08-06-3 210254 8/29/2006 206,732.94 RAY RETIREE HEALTH BENEFITS SEP 2006 210255 8/29/2006 190.00 ,IZ RETIREE HEALTH BENEFITS SEP 2006 210256 8/29/2006 310.00 S.D. COUNTY SHERIFFS DEPT. AMERICA'S FINEST CITY LAW ENFORCEMT EXPO 210257 8/29/2006 250.00 SAKAMOTO ADV TRAVEL/SAKAMOTO 210258 8/29/2006 298.75 SAKAMOTO ADV SUBSISTENCE/MILEAGE/SAKAMOTO 210259 8/29/2006 111.42 SBC/MCI T-1, PHONE/ ISDN LINES 619-472-6486 210260 8/29/2006 17.09 SD LEGAL SECRETARIES ASSO SDLSA 2006/2007 MEMBERSHIP/GINNY ORCUTT 210261 8/29/2006 50.00 SHORT. CRAIG RETIREE HEALTH BENEFITS SEP 2006 210262 8/29/2006 300.00 SIMPLEXGRINNELL LABOR -REGULAR SERVICE ON TIME CLOCK 210263 8/29/2006 123.00 SMART & FINAL MOP 45756 COFFEE FOR OFFICE/CITY COUNCIL 210264 8/29/2006 53.95 SPARKLETTS WATER FOR MAYOR/CITY COUNCIL OFFICE 210265 8/29/200646.93 STATE COMPENSATION INS FUND W/C CLAIM COSTS EXPERT & CONSULT SRVCS 210266 8/29/2006 6,498.40 STEPHENS PUBLISHING COMPANY - #225CS. PENCIL TOP ERASERS. 210267 8/29/2006197.79 STRA-1ACOM BUSINESS LICENSE APPLICATION 210268 8/29/2006 979.56 SUN BADGE COMPANY INC. MOP 45761 REGULAR SUNTONE BADGES 210269 8/29/2006 81.08 ',IRA TECH ASL, INC. JULY 2006 SERVICES 210270 8/29/2006 7,430.53 THE REMAS GROUP ERGONOMIC EVALUATION/SERRANO VERONICA 210271 8/29/2006 556.90 THE STAR NEWS ADVERTISING OF PUBLIC HEARING, ORDINANCE 210272 8/29/2006 348.51 THOMSON WEST LEGAL PUBLICATIONS 210273 8/29/2006 1,882.53 TYLER TECHNOLOGIES, INC EDEN CONE REGISTRATION/LIMFUECO/MENDOZA 210274 8/29/2006 1,040.00 U.S. 1IEALTHWORKS MEDICAL SERVICES/PHYSICALS 210275 8/29/2006 265.00 UC HASTINGS COLLEGE OF LAW UC HASTINGS SEMINAR/GEORGE EISER 210276 8/29/2006 80.00 UCSD CARDIAC TRAINING PEDIATRIC CPR INFANT (4) PACK. 210277 8/29/2006 365.00 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 REPLACEMENT PARTS/LIBRARY 210278 8/29/2006 406.99 WILLY'S ELECTRONIC SUPPLY MOP 45763 ELECTRIC SUPPLIES 210279 8/29/2006 86.81 YOUTH FIRE SAFETY STYLE #E. UNIT OF 1,000 EMERGENCY 210280 8/29/2006 98.53 ZAPATA REIMB MISC REDEV ACTIVITIES 210281 8/29/2006 291.02 ZIETLOW, DAVID RETIREE HEALTH BENEFITS SEP 2006 210282 8/29/2006150.00 ZIONS BANK 5TH LEASE PAYMENT FOR 800 MHZ EQUIPMENTS 210283 8/29/2006 48,678.25 ZOLL MEDICAL CORP, ZOLL AED PLUS TRAINING UNIT. 210284 8/29/2006 937.56 IERICAN CANCER SOCIETY AMERICAN CANCER SOCIETY NC RELAY FR LIFE 210285 8/29/2006 500.00 ARCO GASPRO PLUS FUEL FOR STAFF VEHICLES FOR FY07 210286 8/29/2006 829.41 BAYSHORE TRANSIT MGMT INC PAYROLL FOR CHECK DATED 08/25/06 210287 8/29/2006 48,078.63 BLUE SHIELD OF CA CINTAS FIRST AID & SAFETY CUMMINS CAL PACIFIC, LLC DE LA RUE CASH SYSTEMS INC FROMEX PHOTO & STUDIO LASER SAVER INC NATIONAL CITY TROPHY SAFETY-KLEEN SYSTEMS, INC. SMART & FINAL SOUTH COAST MEDICAL CLINIC THE STAR NEWS UNIFIRST DIRECT TV KAISER FOUNDATION HEALTH PLAN KIWANIS CLUB OF NATIONAL CITY MCDONALD TRANSIT ASSOC. INC. NATIONAL INTERSTATE INS CO. NATL CITY CHAMBER OF COMMERCE PRINCIPAL FINANCIAL GROUP SAFETY-KLEEN SYSTEMS, INC. SAN DIEGO COUNTY SHERIFF SAN DIEGO EMPLOYMENT GUIDE SCHOLASTIC SPORTS INC Workers compensation checks DENTAL INS. SEPTEMBER 2006 00120 CABINET ORGANIZED BUS PARTS AS NEEDED FOR FY07 MAINT OF EQUIPMENT CONTRACT RENEWAL EMPLOYEE RECOGNITION BLACK INK FOR PRINTER 8" X 10" WOOD PLAQUE W/ BLACK ENGRAVED WASTE REMOVAL AUTHORIZED FAMILY DAY 43 EMPLOYEESX7.50 PRE -EMPLOYMENT TEST FULL TIME BUS OPERATOR AD MAINTENANCE LAUNDRY SERVICE FOR FY07 DIRECT TV - 08/13/06 TO 09/12/06 MEDICAL INSURANCE - OCTOBER 2006 OR.*GANIZATIONAL MEMBERSHIP MANAGEMENT FEE - AUGUST 2006 LIABILITY INSURANCE - AUG '06 TASTE OF NATIONAL CITY - TICKETS 401K PPE 08/19/06 WASTE REMOVAL PPE 05/08/06. GARNISHMENT M. SANDOVAL BUS OPERATOR AD ADVERTISING Total 210288 8/29/2006 742.00 210289 8/29/2006 149.83 210290 8/29/2006 152.11 210291 8/29/2006 1,682.00 210292 8/29/2006 12.07 210293 8/29/2006 45.15 210294 8/29/2006 63.03 210295 8/29/2006 318.03 210296 8/29/2006 320.72 210297 8/29/2006 72.00 210298 8/29/2006 119.20 210299 8/29/2006 74.19 210300 8/29/2006 74.98 210301 8/29/2006 11,975.00 210302 8/29/2006 134.00 210303 8/29/2006 12,776.40 210304 8/29/2006 15,039.15 210305 8/29/2006 400.00 210306 8/29/2006 2,631.72 210307 8/29/2006 50.00 210308 8/29/2006 272.00 210309 8/29/2006 300.00 210310 8/29/2006 199.00 453,394.56 12030 8/23/2006 10.79 12031 8/23/2006 12.92 12032 8/23/2006 495.00 12033 8/23/2006 55.81 12034 8/23/2006 122.19 12035 8/23/2006 78.42 12036 8/23/2006 161.36 12037 8/23/2006 123.25 1203,8 8/23/2006 338.77 12039 8/23/2006 83.94 4 PAYROLL Pay period 284 Start Date End Date Check Date 8/1/2006 8/14/2006 8/23/2006 12040 8/23/2006 305.92 12041 8/23/2006 12.23 12042 8/23/2006 5,067.56 12043 8/23/2006 282.86 12044 8/23/2006 86.14 12045 8/23/2006 16.90 12046 8/23/2006 15.30 12047 8/23/2006 40.05 12048 8/23/2006 440.00 12049 8/23/2006 82.04 12050 8/23/2006 7.60 12051 8/23/2006 455.23 Total 8,294.28 Total 461,688.84 Total 778,829.09 GRAND TOTAL 1,240,517.93 TRANSIT WARRANTS CHECKS 210285-210310 CKS 16 TOTAL $97,010.62 5 City of National City WARRANT REGISTER #9 8/29/2006 001 GENERAL FUND 1,076,629.28 104 LIBRARY FUND 1,305.18 105 PARKS MAINTENANCE FUND 330.73 109 GAS TAXES FUND 283.85 1 1 1 P.O.S.T FUND 30.00 125 SEWER SERVICE FUND 2,726.50 211 SECURITY & ALARM REGULATION FUND 3,732.43 230 ABANDONED VEHICLE ABATEMENT GRANT 2,549.48 212 PERSONNEL COMPENSATION FUND 5,377.75 222 WOW MOBILE GRANT FY 2000-2001 879.67 250 NEW FIRE STATION CONSTRUCTION 1,255.00 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 1,500.00 255 LOCAL LAW ENF BLOCK GRANT FY2003-2004 3,587.57 301 GRANT-C.D.B.G. 318.83 302 CDC PAYMENTS 243.44 307 PROPOSITION A" FUND 7,430.53 348 STA I'E GRANT 230.00 552 TDA 97,010.62 626 FACILITIES MAINT FUND 509.76 627 LIABILITY INS. FUND 28,952.23 628 GENERAL SERVICES FUND 1,696.85 630 OFFICE EQUIPMENT DEPRECIATION 387.00 631 TELECOMMUNICATIONS REVOLVING 17.09 632 GENERAL ACCOUNTING SERVICES 2,835.50 643 MOTOR VEHICLE SVC FUND 698.64 TOTAL 1,240,517.93 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. BUDGET & IITMENT OFFICER CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER ROSALIE ZARATE, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 19th OF SEPTEMBER 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 19, 2006 AGENDA ITEM NO. 13 ITEM TITLE Public Hearing — Tentative Subdivision Map for the Division of One 23,917 Square Foot Property Into Three Lots At 1821&1827 "C" Avenue. (Applicant: Ziba Ghaziaskari) (Case File No. S-2006-14) ryy2 PREPARED BY Martin Reeder 336-4310 DEPARTMENT Planning EXPLANATION The Planning Commission held a public hearing on this item at their August 21, 2006 meeting, where the commissioners voted to approve the requested Conditional Use Permit. The attached background report describes the development proposal in detail. Environmental Review X N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. K.CP BOARD / COMMISSION RECOMMENDATION Planning Commission approved the Tentative Subdivision Map. Ayes: Carrillo, Pruitt, Reynolds, De La Paz Nays: Alvarado, Baca, Flores ATTACHMENTS ( Listed Below ) Resolution No. 1. Background Report 3. Location Map 6. Exemption 2. Planning Commission Resolution No. 28-2006 4. Site Photographs 7. Application Including Findings and Conditions of Approval 5. Department and Agency Comments 8. Applicant's Plans (Exhibit A) A-200 (9/99) BACKGROUND REPORT The project site is located near the intersection of East 18th Street and C Avenue, on the east side of the street, in the Residential Two -Family (RT) Zone. The relatively flat lot has two existing houses (approximately 850 square -feet each) on the northern portion of the property along C- Avenue. The 23,917 square -foot rectangular site has 190 feet of frontage on C Avenue, and 190 feet of frontage on the alley adjacent to the east side of the property. The existing homes are simple, single -story, older structures in fair condition (see attached photos). The applicant proposes to divide the existing 23,917 square foot (0.55 acre) property into three lots of 6,278, 6,278, and 11,362 square feet, respectively. In total, the applicant would construct six identical two-story single-family homes, each with a new two -car garage. Lots 1 and 2 will each contain one of the existing houses, which will remain, with the applicant proposing to add an additional house to each of these lots. Four detached houses will be constructed on the currently vacant third lot as a residential condominium project. Each new house will have a beige stucco exterior, white and brown trim, and an asphalt shingle roof. Additionally, they will all have three bedrooms, two bathrooms and a two -car garage. The new houses on Lots 1 and 2, along with two houses in Lot 3 will be accessed from the alley. Each lot would be fully landscaped with several trees and a mix of turf and groundcovers. The subject property topography varies by only a few feet and would require a minor amount of fill to provide level building pads. This will necessitate an approximately three-foot retaining wall in between the eastern and western building pads. This small wall would include a fence to separate residences and provide private yard areas, not to exceed eight feet in total height. The project proposal is consistent with General Plan policies in that it provides new homeownership and/or rental opportunities, and will improve a currently underutilized property. Also, all three of the proposed Lots meet minimum lot size and density requirements for the RT Zone. In addition, all Land Use Code requirements such as parking, open space and floor area ratio are met by this design, and the project is consistent with City Design Guidelines. The Planning Commission held a public hearing on August 21, 2006. One community member was p resent and s tated t hat t here is a I ack o f s treet p arking in the area, and that the proposal would exacerbate this condition. The Commission voted to approve the application finding the site suitable for the proposed type of development, that the proposal is appropriately designed, and that the project is consistent with all applicable General Plan Policies. RESOLUTION NO. 28-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP FOR THE DIVISION OF ONE 23,917 SQUARE FOOT PROPERTY INTO THREE LOTS AT 1821 &1827 "C" AVENUE APPLICANT: ZIBA GHAZIASKARI CASE FILE NO. S-2006-14 WHEREAS, application was made for approval of a tentative subdivision map for the division of one approximately 23,917 square foot lot into three at 1821-1827 C Avenue on property generally described as: Lots 5 to 11, inclusive, in Block 4 of Willoughby's Subdivision of Ten Acre Lot Three and Four, Quarter Section 153, Rancho De La Nacion, according to Map No. 1366 WHEREAS, the Planning Commission of the City of National City, California, considered said application at a duly advertised public hearing held on August 21, 2006 at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. S-2006-14 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence introduced in the staff report and public hearing for said tentative subdivision map support the following recommended findings: 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since it will result in the infill of a vacant residential property with six houses suitable for larger families as encouraged by the General Plan. Additionally, home ownership and/or rental property opportunities will be created. Finally, there are no specific plans governing use of the project site. 2. The site is physically suitable for the proposed type of development, since the 23,917 square foot lot can safely and efficiently accommodate eight single-family homes off-street parking and yard areas. 3. The site is physically suitable for the proposed density of development, since the proposed density of 13.9 units/acre on Lots 1 and 2 as well as 15.3 units/acre is less than the maximum density of 17.4 units/acre allowed in the Two Family Zone, and since the property can accommodate eight appropriately sized houses with sufficient off-street parking and yard areas. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no native habitat nor bodies of water on the partially developed 23,917 square foot property, which is located in a fully urbanized area. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said tentative subdivision map for division of one approximately 23,917 square foot lot into three at 1821-1827 C Avenue, subject to the following conditions: 1. This Tentative Subdivision Map authorizes the division of one 23,917 square foot property into three lots, two with an existing single-family home to remain on each and one single-family home to be developed on each. The third lot is to be developed as a condominium project with four identical single-family homes. All plans submitted for permits associated with the project shall conform with Exhibit A case file no. S-2006-14, dated 9730/2005. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storni Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 4. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 5. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing ofa construction permit. 6. All surface run-off, shall be collected by approved drainage facilities and directed to the street. Adjacent properties shall be protected from surface run-off resulting from this development 7. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. 8. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 9. Street improvements shall be in accordance with City standards. All missing street improvements (alley 90' x 13') shall be constructed. Abandoned driveway aprons (driveway 40') shall be replaced with curb, gutter and sidewalks. 10. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 11. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 12. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 13. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 14. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 15. Separate water and sewer laterals shall be provided to each parcel. 16. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 17. The final map shall be recorded prior to issuance of any building permit. 18. All new property line survey monuments shall be set on private property, unless otherwise approved. 19. The parcel map shall use the California Coordinate System for its `Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 20. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 21. Project is to be designed, developed and constructed in compliance with the Califomia Fire Code (CFC) 2001 edition and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 22. Before this Tentative Subdivision Map shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 23. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code § 17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 21, 2006, by the following vote: AYES: Carrillo, Pruitt, Reynolds, DeLaPaz NAYS: Alvarado, Baca, Flores ABSENT: ABSTAIN: cissr,LdL__ CHAIRWOMAN PROJECT LOCATION ZONE BOUNDARY LOCATION MAP Tentative Subdivision Map for the Division of One Approximately 23,917 Square Foot Lot Into Three at 1821 - 1827 C Avenue S-2006-14 NATIONAL CITY PLANNING DRN. DATE: 8/9/06 INITIAL HEARING: 8/21/06 Site #otographs —1821-1827 "C" Avenue (S-2006-14) Figure 1: Looking at the front of the existing house on Lot 1 along "C" Avenue Figure 2: Looking at the front of the existing house on Lot 2 along "C" Avenue Site Photographs —1821-1827 "C" Avenue (continued) (S-2006-14) Figure 3: Looking west across Lot 3 toward "C" Avenue from the alley Figure 4: Looking north in alley along the east side of Lot 3 Site Photographs —1821-1827 "C" Avenue (continued) (S-2006-14) Figure 5: Looking west at the alley side of Lot 1, currently used for parking Figure 6: Looking south along the alley at adjacent two-story property (() ran+ twa rN,4. alto SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org October 28, 2005 Mr. Andrew Hoskinson, Associate Planner City of National City Planning Department 1243 National .City Boulevard National City, CA 91950 Subject: WATER AVAILABILITY —1821 & 1827 C AVENUE A.P.N. 560-222-27-00 CASE NOS.: LS-2005-6 SWA DEV. FILE: GHAZIASKARI LOT SLPIT Dear Mr. Hoskinson: GOVERNING BOARD W.D. "BUD' POCKLINGTON, CHAIR R. MITCHEL BEAUCHAMP, VICE CHAIR JAMES C. ALKIRE JAMES "JIM" DOUR RON MORRISON MARY SALMI MARGARET COOK WELSH MARISA FARPON SECRETARY DENNIS A. BOSTAD GENERAL MANAGER MARK N. ROGERS OPERATIONS MANAGER This letter is in response to the Tentative Parcel Map application for the subject property, within the Sweetwater Authority (Authority) service area. There is a 6-inch water main on the east side of "C" Avenue. The Authority's records indicate that there are two existing domestic waterservices to proposed parcels 1 and 2. The Tentative Map shows proposed 1-inch water services to proposed Parcels 3 and 4. Enclosed is a copy of 1/4 SEC. 153 map, which shows the existing water facilities. At this time, the Authority cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements, as well as a site plan, street improvement plan, irrigation plan, plumbing plan (showing total fixture -unit count), fire sprinkler plans, and calculations (if required). Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with the Authority to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Any new water services, including domestic, irrigation, and fire, will require backflow prevention assemblies that meet the Authority standards. A Public Water Agency Serving National City, Chula Vista and Surrounding Areas 1i Mr. Andrew Hoskinson City of National City Planning Department Re; Water Availability -1821 & 1827 C Avenue October 28, 2005 Page 2 of 2 If the Owner provides the required fire flow information and enters into an agreement for water facility improvements with the Authority, water service can be obtained at a pressure ranging from a maximum of 100 psi to a minimum of 90 psi. Additionally, the Authority requires a 10-foot horizontal separation between sewer and water laterals. If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SW.EETWATER AUTHORITY Hector Martinez Engineering Manager HM:LJE:jg Enclosure: photocopy of 1/4 SEC. 153 map cc: Don Condon National City Fire Department 333 E. 16th Street National City, CA 91950 Robert Chan 4926 La Cuenta Drive, #103 San Diego, CA 92124 Ziba Ghaziaskari 19097 Sycamore Glen Trabuco Canyon, CA 92679 Rick Bird, Sweetwater Authority \engrADevAGhaziaskari Lot Split\CorrespAHOSKINSON_cave_1821_27LS.doc This map we* developed by Sweetwater Authoray forlmerr.l llluellatlon o,W. klarol designed to provide t. dw.al detail, and .noun not 0e need For any other purpw.s without the exert.. wMl.n perrnisalon d Sweetwater Authority. Sweetwater Authority - nnpolevnnet[weeMeler.org 505 Gesell Avenue Chile Asia, CA 91912-2329 (619) 420.1413 FAX. (619) 4254469 t elfin of water Iodides ere .ppadmete any, based on re0ord InMmatlon. Fora more atturll0 location. water re dtitle0 nual 60 wd-located. CSIl1.SA. ®1-900-422-4133 ',y0 poor b excav0mn. ,col 0r iced data Shown on PP If proprietary Information. lne use of this lnkmretlon la pursuant to sublicense agreement only. Any resale or rNlwn&n9 W this information is prdee0ed, except In ...Panda vtth 5000 cv0MCMalrg .gre.rnenh. Subject Property: 1821-1827 C Ave. National City 1/4 SEC. 153 SonGIS - htm'Mvrw.sa gie.w9 1010 Second Avenue. S4iw 136A San Diego, CA 921014903 SCALE: 1 INCH = 200 FEET City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR TWO NEW ROUSES AT 1821 "C" AVENUE Date: November 8, 2005 To: Andrew Hoskinson, Planning Department From: Adam J. Landa, Assistant Civil Engineer L Via: Stephen M. KirkpatricCity Engineer Subject: Two New Houses at 1821 "C" Avenue 10 NOV 2005 PK 2:55 The Priority Project Applicability checklist for the Standard Urban Stormwater Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. .2. The Best Management Practices (BMP's) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations, which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 3. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. /'i 0 5. 4. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works Department. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 6. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any grading construction on private property. 7 Street improvements shall be in accordance with City standards. All missing street improvements (alley 90' x 13') shall be constructed. Abandoned driveway aprons (driveway 40') shall be replaced with curb, gutter and sidewalks. 8. A title report shall be submitted to the Public Works Department, after the Planning Commission approval,. for review of all existing easements and the ownership at the property. 9 A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. FINAL MAP REQUIREMENTS 1. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 2. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 3. Separate water and sewer laterals shall be provided to each lot/parcel. 4. The developer shall bond for the monumentation, the public improvements and on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 5. The final map shall be recorded prior to issuance of any building permit. 6. All new property line survey monuments shall be set on private property, unless otherwise approved. 7. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence fro a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. tc ENGINEERING REQUIREMENTS FOR 1821 C AVE �K; City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Case File No. S 2006-14 Project Location: 1821-1827 "C" Avenue Contact Person: Patrick Zabrocki, Planner Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Proposed Tentative Subdivision Map to divide an existing parcel into three individual parcels at 1821-1827 "C" Avenue. Applicant Name and Address: Ziba Ghaziaskari 19097 Sycamore Glen Trabuco Canyon, CA 92679 Telephone Number: (760) 457-6230 Exempt Status: �] Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Class 15, Section 15315 (Minor Land Division) ❑ Not a project as defined in Section 15378 of CEQA n Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: It can be seen with certainty that the project will not have a significant effect on the environment. It will divide an existing parcel of land into three individual parcels for ownership purposes. Date: Patrick Zabrocki, Planner Pprvrleri Parser I / APPLIC NATIONAL CITY, CALIFORNIA. ON for Tentative Parcel Map Tentative Subdivision Map Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number k 'dam€ 5-22(/// Filing Fee $ 3i ,SD) — Receipt No. Date Received ioInJu By ALL.TvJ E.A.F. Required _ !� Fee S ,. h- Related Cases SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. 560 — tt 2 - 21-O ig PROPERTY LOCATION J g Z r 41 i$ 27 C Ave iN uC• COMBINED GENERAL PLAN/ZONING DESIGNATION Tentative ParceL1Subdivision Map Application Revised December, 1998 Page 1 sf3 i1 CIVIL ENGINEE ; e ' : HER AUTHORIZED REPRESENTATIVE Name: ' 0 r G ti 1: ti K Name: Si Signature owledges that this (Signature acknowledges that this n is being filed) application is being filed) Address: q e (o e,t)eNTa O. Address: 41toy SAN vc o, en, 9-ziz4 Phone No. (2'5t) 54) - Ot Sj- Phone No. Fax No. Date: (g' &41-026+ fxi' Fax No. Date: PROPERTY OWNERS) of all property included in this application: (Attached extra sheets if necessary). Name: %KZ r-0,a z' ame: Signature Zb4�'��/ (Signature acknowledges that this application is being filed) Address: 11O y -7- so c ,.... (n 1e Signature (Signature acknowledges that this application is being filed) Address: bkCa CA- 1 Z 6 1 Phone No. 9 I . q . 1 Phone No. Fax No. q49 . i 4/ 20 Fax No. Date: 413405 Date: Tentative Parcel/Subdivision Map Application Revised December, ] 998 Page 2 old l� ea APPLICANT Name: ;b'. Ark4r (C4a,'i'�/i'a,' (Please type or print) Signature: Z:b4 (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: (�jDgq- 174b� cv Phone No. Fax No. Date: Caw.tet C CA- •92‘79 575`.'W&' Tenttve Parcel/Subdivision Map Application Revised December, 1998 Page 3 of 3 TENTATIVE PARCEL, MAP LOTS 5 TO 11 BlOcI-4 ,I MAP NO.1366 AT AP; ; 56O-221-Yj - 1 wsax { cxurvz ..WING rsc0.W NaYenrnv Shaw.:.:: POO IWICL3! W,o• 1Ap1 AE VICINITY MAP ff 0. 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PREPARED BY L. Brent Roark, Operations Support Lieutenant DEPARTMENT police EXPLANATION The City of National City has examined and considered the impact of businesses that sell alcoholic beverages upon the health, safety and welfare of its community and finds that the enactment of a Responsible Beverage Service ordinance is in the vital and best interests of the City of National City and the health, safety and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws and requirements. See attached staff report for further, more detailed explanation. l Environmental Review ✓ N/A Financial Statement No direct and immediate fiscal impact. Account No. 1 STAFF RECOMMENDATION The City Council Sub -Committee recommends approval of an ordinance that mandates training for sellers and servers at on -sale premises, similar to the Poway ordinance, as a first step in the regulation of training for alcohol handlers. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Ordinance 2. Staff Report Resolution No. ORDINANCE NO. 2006 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 10.48 TO THE NATIONAL CITY MUNICIPAL CODE RELATED TO RESPONSIBLE BEVERAGE SALES AND SERVICE BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. Title 10 of the National City Municipal Code is hereby amended, by adding Chapter 10.48 to read as follows: Chapter 10.48 RESPONSIBLE BEVERAGE SALES AND SERVICES Sections: 10.48.010 Definitions. 10.48.020 Manager and server training. 10.48.030 Abatement of nonconforming on -sale establishments. 10.48.040 Appeals. 10.48.050 Violations. 10.48.010 Definitions. As used in this section, the following definitions apply: A. "On -sale establishment" means a facility providing the sale and service of alcoholic beverages for consumption by guests on the premises (on -sale), including restaurant dining areas where food service is the primary function and bars, in which the sale and consumption of alcohol on the premises is the primary function. "Bar" includes those facilities located within a hotel, motel or other similar transient occupancy establishment. B. "Manager" means a person, regardless of the job title or description, who has discretionary powers to organize, direct, carry on or control the operations of an on -sale establishment, including a restaurant or bar. Authority to engage in one or more of the following functions is prima facie evidence that a person is a manager of an on -sale establishment: 1. Hires or terminates employees; 2. Contracts for the purchase of furniture, equipment or supplies, except for the occasional replenishment of stock; 3. Distributes funds of the business, except for the receipt of regularly replaced items of stock. 4. Makes or participates in making policy decisions regarding operations of the licensed business. C. "Responsible Beverage Service Training Course" means a training program recognized by the California Department of Alcoholic Beverage Control for on -sale management and on -sale professional services. 10.48.020 Manager and server training. A. No on -sale establishment may serve or sell alcoholic beverages unless a manager who has completed a responsible beverage service training course is on the premises. B. Every manager of an on -sale establishment must complete a responsible beverage service training course within 90 days of hire, or by December 31 of the year of hire, whichever is later. C. Every person who serves or sells alcoholic beverages for consumption by guests on the premises of an on -sale establishment shall complete a Responsible Beverage Service Training Course within 90 days of hire, or by December 31 of the year of hire, which is later. D. A list of all persons who have completed the training required by this section shall be maintained on the premises of the on -sale establishment and, together with the proof of such completion, shall be provided to any police or other enforcement officer for inspection and copying promptly upon request. 10.48.030 Abatement of nonconforming on -sale establishments. All on -sale establishments in existence on the date of the effective enactment of this ordinance must comply with the provisions of this Chapter no later than January 1, 2007. 10.48.040 Violations. A. A violation of any provision of this ordinance or a failure to comply with any mandatory requirements of this ordinance is subject to prosecution in accordance with Title 1 of the National City Municipal Code and may be enforced through injunctive relief or other relief available by law. Penalties for violations of the provisions of this ordinance may result in up to a misdemeanor citation for each day in violation, punishable by a maximum of one year in jail and a $1,000 fine. B. Administering departments will be authorized to charge cost recovery fees for services provided under this ordinance. Cost recovery may also be recovered for equipment and personnel expenses incurred. All penalties and related costs shall be credited to "Responsible Beverage Service and Sales Regulation Fund," The fund shall be 'used exclusively with the administration and enforcement of this ordinance. PASSED and ADOPTED this day of 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2006 Ordinance 2 Responsible Beverage Sales and Service City of National City Police Department 1200 National City Blvd., National City, CA 91950 Phone: (619) 336-4400 TO: Mayor and City Council FROM: Adolfo Gonzales, Chief of Police AG. DATE: August 21, 2006 SUBJECT: Staff Report -Responsible Beverage Sales and Service Ordinance (RBSS) Tourism and related entertainment, recreation and hospitality businesses are important to the economic well-being of the City of National City. The City of National City has sought to foster commerce and a lively attractive community life. The City of National City recognizes that the selling of alcohol is a legitimate activity, and seeks to encourage safe and responsible business practices related to its sales and service. The National City Police Department seeks to reduce threats to public safety and health due to the impairment ofmotor skills, decision -making and judgment resulting from the over -service and over -consumption of alcoholic beverages. Responsible beverage sales and service (RBSS) training benefits businesses by creating a safer and more hospitable environment and reducing the risk of liability, including criminal (court action), civil (lawsuit) and administrative (ABC accusation). In consideration of the regulations adopted in this ordinance, and the findings and determinations herein, the National City Police Department has examined and considered various studies addressing the Tong -term public safety and health problems associated with the over -service of alcohol and sales to underage youth. Alcohol -related vehicle crashes in California cost the public an estimated $12 billion in 1999, including $5.5 billion in monetary costs and almost $6.5 billion in quality of life losses, with San Diego County incurring a significant percentage of these costs. The National City Police Department has experienced a disproportionate number of calls for police service and alcohol -related arrests at bars, taverns, liquor stores, and convenience stores. Drunk driving arrests are increasing statewide and locally with over 155 people arrested for DUI last year in the City of National City. The majority of those arrested for DUI in San Diego County identify licensed establishments such as bars and restaurants as the place where they had their last drink. ® Recycled Paper 2 A survey of San Diego County teens found that 81% agree that alcohol is easy to obtain, and studies show that one-third of high school students routinely obtain alcoholic beverages from retail outlets and that clerks and servers often fail to request age - verification as evidenced by minor decoy operations. In a recent study, at least half of the off -sale and on -sale establishments studied sold alcohol without asking study participants to show age identification, and few of the outlets that sold to study participants had effective policies or practices that reduce the likelihood of sales to youth. A research study published in 2004 concluded that alcohol sales to obviously intoxicated customers occurred at nearly 8 out of 10 businesses. A survey of National City high school students who drink found that 10% of 9th graders and 18% of 11th graders reported buying alcohol themselves at local stores. 52% of 9th graders and 74 % of 11th graders from National City say alcohol is either "fairly easy or very easy" to obtain (Source: California Healthy Kids Survey 2005). The National City Police Department effected arrests at 54 National City businesses for selling alcohol to minors between 1999 and 2004. While bars and restaurants made up a portion of those businesses, the majority of those offenses were committed by stores and markets, by a 3-to-1 ratio. Currently, there are more than 90 businesses with alcohol licenses in the approximately 9 square miles that make up our city, or approximately 10 per square mile, on average. Voluntary responsible beverage sales and service training programs do not ensure that all alcohol handlers receive reliable or effective training and have not been shown to be as successful in reducing over -service and sales to minors as mandatory programs with accountability measures and consistent systems of enforcement. There is strong evidence that mandatory policies reduce instances and levels of intoxication and have a beneficial effect on rates of domestic violence, unintentional injuries, traffic crash injuries, deaths, sexual assaults, and other crimes. There is strong public support for responsible beverage service training, with 90°/a of respondents favoring such programs, according to a survey conducted by the Robert Wood Johnson Foundation in 2002. Voluntary RBSS Training in National City has not been effective. Only a small percentage of the estimated total numbers of sellers and servers have been trained through a recognized, approved program. Legislation involving RBSS enacted in the State of Oregon led to an 11 % reduction in fatal alcohol -related car crashes in one year and a 23% reduction in single vehicle nighttime injury crashes in a three-year period. A research study indicated that servers who had undergone server training programs were more likely to ask for age identification than those not trained and found that none of the customers served by trained personnel exceeded the legal limit of intoxication. Evaluations of customer consumption at a U.S. Navy enlisted club employing a responsible beverage sales and service training program found a significant reduction of intoxication for customers after the program was implemented. 3 Responsible beverage sales and service training is cited as a U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention "Best Practice" and is officially supported by Mothers Against Drunk Driving and the California Department of Alcoholic Beverage Control. The National Academy of Science recommends that all sellers and servers of alcohol complete training as a condition of employment. A survey of recently trained servers in San Diego County showed 100% of these servers recommend training to other alcohol handlers, and 90% of servers agreed they were likely or very likely to change the way they did their job as a result of receiving training. The California cities of Poway, Orange, and Santa Rosa have enacted responsible beverage sales and service training ordinances to prevent the over -service of alcohol to customers and access to alcohol by underage youth. The National City Police Department believes a comprehensive ordinance that mandates the training of all sellers and servers of alcoholic beverages is the optimum course of action to address the needs of the community. The City Council sub -committee composed of Vice Mayor Morrison and Councilman Parra is recommending that a preliminary ordinance that mirrors the City of Poway's ordinance, as referenced above addressing "on -sale" establishments, is a start in the right direction concerning Responsible Beverage Sales and Service Training. The City of National City has examined and considered the impact of businesses that sell alcoholic beverages upon the health, safety, and welfare of its community and finds that the enactment of a responsible beverage and service ordinance is in and best interests of the City of National City and the health, safety, and welfare of its residents, and businesses in accord with the public purposes and provisions of applicable federal, state, and local laws and requirements. Adolfo Gonzales Chief of Police City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 19, 2006 AGENDA ITEM NO. 15 ITEM TITLE Marketing and Cultural Resource Analysis for National City's Historical and Cultural Buildings PREPARED BY Susanna H. Peredo DEPARTMENT (619) 336-4243 Community Services EXPLANATION The purpose of this report is to fully evaluate and document National City's Historical and Cultural buildings in terms of their strength as a cultural resource, existing marketing strategies, future marketing potential, adherence to contract specifications, terms of lease, current use, and the City's contract responsibilities. It was requested by the City Manager's office that we provide the Mayor and City Council with a comprehensive overview of the City's Historical and Cultural buildings in order to aid in the decision -making process for these sites. Formerly, responsibility for the following sites fell under the Community Development Commission and has now been transferred to the Community Services Department. Historical Sites: Cultural Sites: Book One: Granger Music Hall Book Five: Center for Arts & Culture Book Two: Kimball House Book Six: Playhouse on Plaza Book Three: National City Depot Book Four: Stein Family Farm Environmental Review V N/A Financial Statement N/A Account No. STAFF RECOMMENDATION For City Manager to take direction from City Council regarding performance evaluations of Historical and Cultural Sites. Authorize staff to begin discussions with tenants whose leases are up for renewal. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Marketing and Cultural Resource Analysis and contract spreadsheet. Resolution No. A-200 (9/80) City of National City Historical and Cultural Properties; Marketing and Cultural Resource Analysis Prepared by Susanna H. Peredo, National City Community Services Dept./ September5th, 2006 The purpose of this project is to evaluate each of National City's Historical and Cultural facilities in terms of their strength as a cultural resource, existing marketing strategies, adherence to contract specifications, and future marketing potential. All historically/ culturally significant artifacts were photographed and tenant commentary was included in this report. GRANGER MUSIC HALL, KIMBALL HOUSE, NATIONAL CITY DEPOT, and STEIN FAMILY FARM. (Historical Sites) STRENGTH AS A CULTURAL RESOURCE: Culturally, National City's Historical Sites have a lot of value to tap into. Even more valuable however, is the immense architectural diversity within the entire City of National City. Any such tour, highlighting traditional Victorian architecture and/or the City's diverse architectural landscape would certainly be a great asset to this and to any other community in the region. Architectural styles from Victorian Vernacular to Italianate to Gothic and Spanish Revivals exist within the city and this unique trait should be accentuated and shared with others. The Historical Society has already done most of the legwork by researching and documenting significant architectural particulars of dozens of sites for the development of a Historical Home Tour of National City. Any connoisseur or student of art, history, or architecture would certainly be interested in what this city's facilities have to offer both structurally and historically. With the participation of National City Transit or the National City Train Depot (a Bernie Car used in parades), this first step appears to be the most tangible of possibilities for better marketing National City's Historical Sites. EXISITING MARKETING STRATEGIES: Although these sites have been promoted and kept accurate to the best of each tenant's ability or will, not all of them have been able to promote their resources to their fullest potential. This.grouping of facilities therefore is definitely in need of a unified marketing plan to help fully promote National City's rich cultural and historical resources. ADHERENCE TO CONTRACTUAL OBLIGATIONS: Unfortunately, with the recent restructuring of the Community Development Commission (CDC), and with the various shifts in administration within the CDC, the City has either misplaced or accidentally destroyed various contracts with these tenants. Additionally, some of the contracts the City does have on file are missing various signatures that fully validate the documents. As a result, it has been quite difficult for the City to remain consistent in dealing with the various tenants of these Historical buildings. Inconsistencies have been found for example, between the hours of operation that each tenant was contractually required to keep, and their actual hours of operation. The compilation of these contracts is a great first step in maintaining an accurate inventory of the various responsibilities assigned to each tenant and finally moving forward with any potential marketing plan. FUTURE MARKETING POTENTIAL: Overall, each of these sites has something very significant to contribute to the community and to the region as a whole. They stand alone as a perfect one -day tour, possibly including a Victorian lunch. ($20- $45 per person) Staff recommends that the City of National City explore the development of a marketing strategy that transfoinis all four historical sites into a single cultural/ historical entity. (i.e. National City Historical Home Tour or Diverse Architectural Styles in National City Tour) The next step would be to expand the volunteer base by contacting local schools of architecture, university humanities and arts departments, as well as architectural and historical societies in the region. Students could earn credit by being tour guides or museum docents. Also, each tenant would be required to contribute to a general marketing fund to cover increased mailing costs for quality brochures that advertisehistorical/ architectural tours of National City. (To be distributed at all Tourist Sites, and Chambers of Commerce. CENTER FOR ARTS AND CULTURE & PLAYHOUSE ON PLAZA (Cultural Sites) STRENGTH AS A CULTURAL RESOURCE: Out of all of National City's sites, the two Cultural Sites have the most potential for growth as a revenue -building resource. Workshops were held in 2005 by the Hector Reyes group to determine the best direction for a new Arts Center and the overwhelming community preference was to create a space that included all crafts, from painting to dance, to music, to puppetry and theatre. An Arts Center of this type couldn't be a more perfect example of strength in diversity and the overwhelming community preference for it seems very appropriate for a city composed of such a vibrant and diverse citizenry. Arts groups could hold classes, contribute to painting set pieces when necessary, and constantly refresh the gallery areas. The puppetry groups could hold continual workshops and contribute to theatre or dance productions whenever possible. Music, theatre and dance groups could hold classes as well as performances and use corresponding gallery areas as lobby space for their audiences. There is a lot of dependable revenue to be tapped into from ticket sales, classes, workshops, and especially from the rental of rehearsal/ conference spaces, perfouuance areas and gallery areas. Below, are some examples of what it costs to rent a rehearsal/ performance space in San Diego County.. If we can produce an Arts Center that feasibly functions as a quality, socially -inclusive, and truly multi -craft cultural resource, the City will have no trouble renting out spaces to quality institutions throughout San Diego County. Additionally, we could provide financial incentives for smaller organizations to also bring their money to National City. Below is the cost to rent a 2000 sq ft dance studio with a mirrored wall. California Center for the Arts, Escondido -Studio Space Address: Neighborhood: Type of Space: # of Seats: Rental Rate: Phone #: 340 N. Escondido Blvd Escondido Studio with 2000 sq ft, is a dance studio with a wood floor and mirrored wall. High Ceiling $20/hr $15/hr for non profits 760.839.4194 Notice the variability in rates for a rehearsal space. Organization: The Broadway Theater Address: Neighborhood: Type of Space: # of Seats: Rental Rate: Contact: Phone #: 340 East Broadway Downtown Vista Black Box 49 250 per day Randall Hickman 760.728.1002 Organization: Community Actors Theatre Address: 2957 54 th St., San Diego Neighborhood: Oak Park Type of Space: Theater # of Seats: 94 Rental Rate: $125/day or show Phone #: 619.264.3391 North Coast Repertory Theatre has very similar seating capacity and technical capability as the Playhouse on Plaza but the Playhouse has more indoor and outdoor storage space. Organization: Address: Neighborhood: Type of Space: North Coast Repertory Theatre 987-D Lomas Santa Fe Drive, Solana Beach Solana Beach, North County Thrust stage auditorium in corner of shopping plaza e. # of Seats: 194 Rental Rate: $750.00 per event/performance or $50/ hour for rehearsal Phone #: 858.481.2155 Organization: San Diego Repertory Theatre Address: 79 Horton Plaza Neighborhood: Downtown Type of Space: Black Box # of Seats: 260 Rental Rate: Yes Non Profit $555-$1;210 Commercial $907-$1,705 or $1,500/ week for rehearsal Phone #: 619.231.3586 The Lamb's Players were renting the Playhouse on Plaza for $200/ hour. Organization: Lamb's Players Theatre Address: 500 Plaza Blvd, National City Neighborhood: In the round Size/Description: 165 Rental Rate: 200/hr for performances Phone #: 619.437.6050 Beyond the bottom line, these two buildings have the potential of creating a very significant cultural shift in our community. Not only do our young people need outlets of expression beyond gangs, drugs, and violence, but potential new residents and business owners would surely consider it a great bonus to have a space nearby where they can experience art, puppetry, dance, theatre, and music. Giving the community an opportunity to be engaged in this way could be a key element in transforming National City's quality of life for the better. It goes without saying that there might be a more philosophical reason for why our crime rates traditionally have been high in National City. Many agree that it doesn't just take more cops on the streets to lower crime rates. Instead, it takes a variety of community services, outreach programs and opportunities which can unify and inspire communities to become better people. In exchange for a cost reduction in rehearsal space for example, professional arts groups would be required to provide at least 1/3 of their services free of charge to the community (free classes, free tickets or "pay what you can" nights to certain performances). Scholarships for art, theatre, music, or dance classes could also be available to those who qualify by either financial burden or exceptional talent. And to fund increased marketing costs, each organization would be required to spend a percentage of their advertising budget to actively outreach to National City residents. The Playhouse on Plaza also has a great marketing potential. This space could serve as an additional revenue source and extension space to the Arts Center; serving as a professional performance area and convening point for a diverse group of theatre companies and spoken word groups from poetry slams to staged readings. The building currently does not meet fire codes and in light of a recent robbery, appears to also not be properly secured. The following items were recently reported stolen: 4 flood lights (approx 3 ft. diameter), a multi -disk CD/DVD player, a tape -to —tape machine, 2 amplifiers and a graphic equalizer. Staff recommends that the City of National City change the locks and secure the building as soon as possible to prevent any future theft or damage of valuable stage lights which still remain inside. The next step is to follow-through with renovations to this building to bring it up to code. FUTURE MARKETING POTENTIAL: There is currently a dead space of art and culture in National City, not because it doesn't exist, but because there is no unifying force to better channel its strength. The marketing potential for this pair of buildings is almost as immense as its potential to have a positive impact on the quality of life in National City. Several arts groups have already expressed their strong interest in occupying both the Center for Arts and Culture and the Playhouse on Plaza; the next step is to send out a Request for Proposals to occupy and administer the two spaces. Eveoke Dance Theatre and the Port of San Diego both have immediate opportunities to activate the future Arts building. Eveoke Dance Theatre for example, has not only expressed strong interest in administering the space and coordinating various arts groups within it, but has also offered to work around upcoming building renovations to help create immediate access to workable rehearsal spaces. Also, the Port of San Diego is currently sponsoring a traveling photography exhibit by artist Ming Lowe called "Shift Change," highlighting port industry along the Waterfront. This Public Art exhibit is valued at $40,000 and by December, will have been seen at the Museum of Photographic Arts in Balboa Park, the San Diego Airport, the Maritime Museum, the Coronado Art History Museum and the Chula Vista South Library. As the City's representative for the Port of San Diego Public Art Committee, I was contacted by Marta Garsd, project manager for their Public Art Department with an offer to loan the exhibit to National City for the entire month of December. She felt that due to our strong industrial heritage, it would be important for National City to also have an opportunity to exhibit the show before it closes. As a follow up, Ms. Garsd and I took a site tour of possible gallery spaces that could accommodate a photography exhibit of this scale in National City. We determined that there were two feasible locations. Option 1: Inside City Hall's chambers (and partly inside the lobby area). This would be the quickest and most cost effective solution to bringing a photo exhibit of this caliber to National City. Option 2: Inside the small gallery area (Gallery area 1) of the Arts Center (formerly the Library's Local History Room). This space not only allows the Port to maintain the integrity of the exhibit by keeping it together; but also has great museum space potential, follows security requirements, and offers proper accessibility to the community. Our only responsibility would be to insure the exhibit, create its gallery areas, and ensure it can be viewed by the public at designated hours. Until the Request for Proposal process plays out, this would be the quickest and most feasible first step in activating the old library building as an Arts Center. With some creativity and with a growing volunteer base, this can be done at minimal cost to the City. Additionally, to diversify the exhibit and increase marketing potential, we could invite local and international artists from Tijuana to exhibit at the entrance area of the building and along the walkway to the main exhibit (Gallery area 1.) As mentioned earlier, the marketing potential for these two buildings is quite vast. The architects' renderings for the Arts Center are wonderful and if realized, this project could certainly attract an entirely new clientele to National City. There is no doubt that with so much new development within walking distance of the future Arts Center (Library, Educational Village, Playhouse on Plaza, upcoming condominium projects, and surrounding new shops) young professionals will begin to take a sincere interest in what this city has to offer. With a little vision, the Playhouse on Plaza and new Arts Center could someday fill the large cultural void in the South County in more ways than one. GRANGER MUSIC HALL/ NATIONAL CITY FIISTORICAL SOCIETY 1615 East 4th Street; National City, CA 91950 CONTRACT OBLIGATIONS: (See table attached) TERM: The original contract by and between the Community Development Commission of the City.ofNational City and the National City Historical Society was signed on October 14th, 1976 teirued through October 13th, 1981. This agreement was then renewed on November 1, 1981; January 13, 1987; January 27th, 1992; and November 19th, 2002 and is currently termed through November 18th, 2012. REQUIRED HOURS OF OPERATION: Not indicated in original or subsequent contracts. CURRENT USE OF SITE: - • Weddings/ Musical recitals (elementary schools) • Summer Concert Series (usually 3 concerts/ year) • Small Conventions: Contract w/ SD Convention Center to refer all smaller events. • Allow nearby church to use parking lot for special events in exchange for clean- up of parking lot site. • Mayor's Luncheon, Victorian Tea Parties, Holiday Events. • Estimated $20-30,000 per year. All profit gets re -invested/ usually break even. COMMENTARY: On August 10th, 2006 I met with Janice Martinelli, President of the National City Historical Society. She asserts that due to the age of the building, all potential renters of the Hall are screened and notified of the fragility of stage area, pianos and wall panels before signing. For this reason, all facility use contracts require that events be accompanied by a security guard and currently all rental requests for Quinceafieras (15- year old birthday celebrations) are forwarded to the Holiday Inn, Hotel Del Coronado, or the San Diego Convention Center. She considers it of utmost importance to only rent this hall to individuals who are respectful of the fragility of historical sites. Also, Ms. Martinelli mentioned that she believes the building belongs to the National City Historical Society, while the property belongs to the City of National City. None of the provided contracts indicated as much, therefore this lessee falls under the same rights and responsibilities as indicated in the current contract. 1 1 1 1 REQUIRED HOURS OF OPERATION EXISTING HOURS OF OPERATION APPROX. WEEKLY VISITORS LIVE-IN DOCENT SUB -LEASE: (ELECTRIC FREEWAY MESSAGE BOARD) Not indicated in contract. Mon & Thurs 5-6pm or by appointment. (Phone # on wooden sign outside) 10-15 people No National City Chamber of Commerce & National City Mile of Cars Association, $1 per year. EXISTING MARKETING: • Featured in National City shows off its roots, by Wayne Carlson; (article in San Diego Home/Garden lifestyles Magazine.) • Participation in Car shows, Community Parades, Local Street Fairs, and Taste of National City. • Special events are included in Congress of Histoiy newsletter & invites are mailed to all historical societies in San Diego County. • Outreach to local High Schools: Students receive community service credit for volunteering as Victorian Home tour docents, event servers and greeters. • National School District website. www.nsd.us/community/poi/granger.php • Promotional/ Educational Multimedia CD of "Mills Act: Historical Sites & Architectural Styles within National City." KIMBALL HOUSE/ MANUEL CAVADA 950 "A" Avenue; National City, CA 91950 CONTRACT OBLIGATIONS: (See table attached) TERM: The original contract by and between the Community Development Commission of the City of National City and Manuel Cavada was signed on April 15th, 2003 and is currently termed through April 14th, 2008. REQUIRED HOURS OF OPERATION: According to the original contract, the "property shall remain open to the public three (3) designated weekends every month from the hours of 2:00 — 4:00 pm." This schedule was later reaffirmed in a letter from Paul Desrochers, filmier CDC Director for the City of National City, dated July 24th, 2003. CURRENT USE OF SITE: • Museum highlighting the home and artifacts of the Frank A. Kimball Family in the Victorian era. • Included in Historical Society home tours: Italianate Victorian architectural style prominent in mid to late 19th century. • Local elementary school tours. (twice a month) • Yearly Chamber mixer. (approx. 45 people) • Live-in docent using second and third floors of property to run Creative Images Photography studio. COMMENTARY: On August 10th, 2006 I met with Manuel Cavada, live-in docent for the Kimball House Museum. He gave me a historical tour of the premises and indicated that he was planning to place a sign at the museum entrance including hours of operation and contact information. He also indicated that he would be very willing to work with the City of National City in any way possible to help better promote the museum. REQUIRED HOURS OF OPERATION EXISTING HOURS OF OPERATION APPROX. WEEKLY VISITORS LIVE-IN DOCENT SUB -LEASE: Three designated weekends per month from 2:00- 4:00pm. Tues, Thurs, and Sat. from 3:00-6:OOpm or by appointment. 35-40 people Yes N/A EXISTING MARKETING: • Creative Images Photography studio has a contract to take yearbook pictures for Sweetwater High School students. 600 students and their families visit the site yearly and receive a free tour upon first contact. (July -Sept.) • Participation in Taste of National City. • Included in Historical Society's promotional/ educational multimedia CD of "Mills Act: Historical Sites & Architectural Styles within National.City." NATIONAL CITY TRAIN DEPOT/ SAN DIEGO ELECTRIC RAILWAY ASSOCIATION 900 W 23rd Street; National City, CA 91950 CONTRACT OBLIGATIONS: (See table attached) SPECIAL NOTICE: The original contract by and between the Community Development Commission of the City of National City (CDC) and the San Diego Electric Railway Association (SDERA) was signed on August 4th, 1998 and termed through August 3rd, 2003. There have apparently been two extension contracts signed between this and the current contract but were unfortunately either lost or destroyed in the melee of CDC's recent restructuring. They were termed from July 15th, 2003 through July 14th 2004 and from July 15th, 2004 through December 15th 2004 respectively. Copies of these were provided by SDERA on August 31st, 2006. The most recent lease extension was signed on April 1st, 2005 and is currently termed through March 31st, 2007. REQUIRED HOURS OF OPERATION: According to the original contract, the Museum's schedule should be running as -follows: (at minimum) "...two (2) days/ week (Saturday/Sunday) for the first year; three (3) days/week for the second years; four (4) days/week for the third year; and five (5) days/week 6 months after a tourist -based (e.g., hotel, major restaurant) is constructed on the west side of the Freeway 5 within a five -block area ofNCD, or starting the fifth year, whichever is later." By the original contract's standards, this building would be operating at a minimum of four (4) days a week. The current contract however does not specify required hours of operation beyond the first year (see above.) Therefore, they currently operate two (2) days a week with various special events throughout the year. CURRENT USE OF SITE: • Indoor Museum highlighting history of National City/ Santa Fe Rail Depot. • Outdoor antique railcar collection. • Subleases for office space and 2 artist lofts with corresponding storage spaces. COMMENTARY: On July 27t1i, 2006 I met with Jim Price, fowler SDERA President, Dave Slater, its current president, and Tom Carnes from the National City Historical Society. They assert that if awarded a 10-year lease extension, the San Diego Electric Railway Association would apply for grants to purchase the building, upgrade their collection, and activate a dout,ant rail line connecting the NC Depot and the Port of San Diego's Railcar Plaza by reinstalling a grade crossing and relaying the rail that has been covered up. Also, a month -to -month lease agreement between CDC and Frank Motors Inc. was signed on February 28th, 2006 for the use of the western portion of the lot located at 720 West 23rd Street for vehicle storage. The maximum term is 6 months from the aforementioned date. REQUIRED HOURS OF OPERATION EXISTING HOURS OF OPERATION APPROX. WEEKLY VISITORS LIVE-IN DOCENT SUB -LEASES Saturday & Saturday & 10-15 people No 1. MRW, Inc.:$100/ mo. Sunday for Sunday 2. Margaret Cheeseman the first year. 12pm-4pm (Artist loft & storage closet) $270/ mo. 3. Robert Baxter: (Artist loft & storage closet) $270/ mo. EXISTING MARKETING: • Mention in "Tourist Trains": (National directory of rail museums) • Participation in Car shows, Community Parades, Local Street Fairs • Model railroad swap meet held 2 times/ year (approx. 100 attendees total) • Association's special events mentioned in SD Reader. • Word of mouth through 120 SDERA Members. • www.sdera.or 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 STEIN FAMILY FARM/ NATIONAL CITY LIVING HISTORY FARM PRESERVE INC. (NCLHFP) 1808 F Avenue; National City, CA 91950 CONTRACT OBLIGATIONS: (See table attached) SPECIAL NOTICE: The original contract by and between the Community Development Commission of the City of National City (CDC) and the National City Living History Farm Preserve (NCLHFP) has also been lost or discarded during the recent restructuring of CDC. Resolution No. 97-53 is the only City document on file that specifies ownership or responsibility to this property; signed on October 21st, 1997. Vince Reynolds, Chairman of the National City Living History Farm Preserve Inc. was asked to provide copies of the original contract, extensions, and contracts subletting an additional house on this property. These were received on August 15th, 2006. The original contract was signed July 24th, 1992 and termed through July 23rd, 1997. The extension of this lease is dated October 21 st, 1997 and is currently termed through October 20th, 2007. (Please note: although this contract is stamped "Original," there are no signatures anywhere on the document.) This agreement was formalized by Resolution No. 97-53 on October 21st, 1997. REQUIRED HOURS OF OPERATION: According to the original contract, these premises are designated "for the purpose of maintaining a living history museum during daylight hours, seven days per week..." This contract required, among other things that the NCLHFP submit a business plan including hours of operation and description of facility activities by September 24th, 1992. According to the current contract, hours of operation are by appointment only. Additionally, NCLHFP is required to submit an annual calendar of events, operation schedule, and proposed budget by May 1st of each year. CURRENT USE OF SITE: • Educational activities relating to farming, farm animals, and farm life in the Victorian era. • "Farm Days" up to 200 students per day (one week of activities: March 6`11-8th and 12th-14h) $5.00 per child. Planting activities, tractors and machinery, faun quest, treasures from the trunk, and washboard laundry. • • "May/ Arbor Day" up to 40 students per day. (4 days total: April 20-26th and April 28th) $5.00 per child. Event includes May Day arts and crafts, May Pole dance, planting activities for Arbor Day, and House Tours. • Included in Historical Society home tours: Victorian Vernacular architectural style prominent in the late 19t1i century. • Live-in docent using second floor of property. 1 r r 1 COMMENTARY: On August 2nd, 2006 I met with Vince Reynolds, Chairman of the National City Living History Farrn Preserve Inc., and with Susan Walter, volunteer coordinator and docent for Stein Farm events. The other docent for this property is named Chris Johnson. He lives on the second floor of the Stein property and concerns himself with maintenance of the property, its plants, and animals. I was informed by Mr. Reynolds and Ms. Walter that they currently sublet the additional house on this property to Rosa Bellot for $800/ month. In the original rental agreement provided by Mr. Reynolds, signed June of 1998, Ms. Bellot was paying $600/ mo. In the current rental agreement; signed March 1st, 2006, there is no indication of the amount of Ms. Bellot's monthly payment. Also, the barn on the premises is in very poor shape and appears to be on the verge of collapse at any moment. This was apparently also the case nine years ago when the current contract was signed (October 21st,1997) stating that "due to the condition of the barn, only officers and directors of NCLHFP and appropriate CDC and City officials (are) allowed access to the barn." REQUIRED HOURS OF OPERATION EXISTING HOURS OF OPERATION APPROX. WEEKLY VISITORS LIVE-IN SUB -LEASE: HOUSE ON PROPERTY DOCENT By appointment. Saturdays l0am-4pm or by appointment. 10-12 people Yes Rosa Bellot: Current Contract: $800/ mo. ($ amount not mentioned in contract). Plus utilities, trash, & upkeep of property. Original contract: $600/ mo. EXISTING MARKETING: • Always listed in Family Magazine • Email blasts to the community to promote "Farm Days" and May/ Arbor Day • Flyers to all students in National City School District to promote•the above. (Approx $1,000/ year spent on printing) • Included in Historical Society's .promotional/ educational multimedia CD of "Mills Act: Historical Sites & Architectural Styles within National City." • www.pocitvkids.com ; searching National City. • www.steinfamilyfarm.ora Cit of National Cit Historical & Cultural Pro erties Kimball House National City Depot Stein Farm Center for Arts & Culture Playhouse on Plaza 1615 East4th Street 9 fi "A" At mite 000 W 23rd Stree 1.808 F Avenue 200 E. 12th Stree 500 East Plaza Kimball & Morgan. Towers 1 1317 D Avenue :3h-172-In 539-O-10-13 560-232-02,O4,05,06 556-560-39 360-4 10-01,05,06,08 Rental for Et milts 1st floor- museum 2nd floor- Photography studio & home of groundskeeper Museum, office space, parking 1st floor- museum 2nd floor- home of groundskeeper Vacant/Needs Repair & Renovation Vacant/Needs Repair & Renovation Se National City Historical Society Memo Cat; ada, Creative Images i''notogra phy Studio San Diego Electric Railway Assoc. (SDERA), MRW, Mossy Nissan Stein Farm Board of Directors N / A N/A 10 Yenr Lease 2002-2012 3 Year Lease 2003-2008 2003-2005 Contract missing. 2 Year Lease 21105-2007 SDERA & MRW- April 2007 & IU Month Lease Mossy Nissan February 2007 10 Year Lease2_002-2012 Contract missing N/A N/A No Maintenance Landscape & Street Clean-up Landscape & Street Clean-up No Maintenance Property Clean -op & Graffiti Removal S1.00 per vea Property Clean-up, Graffiti, SDG&E, Water, Pro lefty Taxes Managed by 6 month extension April- ir Housing Falkenherg/Gilliam Oct. 2006 No M ntenance No Rent No Rent 51.00 per year No Rent No Rent No Rent N/A N/A MRW, Me. 5100 per month. Margaret Cheeseman 5270 per month Robert Baxter. S270 per month Rosa t3ellet 5500 per month N/A N/A ITEM # 16 9/19/06 RESTORATION OF CITY SERVICES/POSITION RECRUITMENTS AND CITY MANAGER REORGANIZATION PLAN. (CITY MANAGER/HUMAN RESOURCES) ITEM #3% 9/19/06 NATIO NAL • CITY • TRANSIT MONTHLY REPORT SEPTEMBER-06 Tech._nol°gy In August we completed an upgrade for our GFI-GENFARE bus farebox and computer software with assistance from NC -MIS allow better collecting, security and lsis of fare and dership data. We are also working car with SANDAG to upgrade our bus fareboxes to utilize smart emd fare roe Realmedia. NCT is continuing to work on various projects including p fTransit video to cameras along a NCT bus route, Automatic Vehicle locators MTS) andCIP funding in be installed on our vehicles. We have also requested $100, FY08 for security camera projects at 24th Street Trolley/Bus Station and $100,000 in FY09 at 8th Street Trolley/Bus Station. PERFORMANCE DIVIDENDS MONTH AUG-05 JULY-06 AU15 824 -06 Ridership: 147,999 134,756 3.57 3.59 Passengers per mi. 41.11 •53.8772 Passengers per hr. 39.9137,582.2 Revenue miles: 41,44639,7043,60 3,600 3,376 0 Revenue Hours: 51.4% N/A** N/A** Fare Box recovery ** Data delayed due to submission dates PERFORMANCE DIVIDENDS MONTH AUG-05 JULY-06 04 04 AUG-06 Road Calls Preventable Accidents 01 O1 01 01 Ramp deployments 05619% 50.4% 508 Our on -time performance 91.8% 01 01 Customer Complaints 01 0 Customer Compliments 0 0 Maintenance: in August. The average price per NCT vehicles used 12,975 gallons of lewa ed tosulfur$2.34 in July gallon was approximately $2.38 comp 619 474 7505 Fax (619) 474.20581 522 West 8th St. • National City, California 91950-1004 • (619) NCT maintenance personnel performed 14 Preventative Maintenance Inspections (PMI's) and completed 11 minor repairs consisting of lighting, window inserts, tires, horn and air Leaks. We also completed 10 major repairs consisting of water pump, AC, coolant sensor, fuel sender, brake chamber, injector lines and fuel pump to our fleet vehicles in August. MTS-COA NCT is currently working very closely with MTS staff to coordinate NCT-COA route changes scheduled for January 2007. This most likely will mean an increase in drivers, staff and Revenue vehicles. We are also taking a very pro active role in distributing information to our community to make the new routes and changes go as smoothly as possible. MTS staff presented information at the NC Senior Nutrition Center on Sept 6th at I:OOpm and NCT staff was available as well to answer any questions regarding our existing service. Due to the complexity of this restructuring, a phased implementation is appropriate to ensure that implementation is manageable and rider confusion is minimized. A major service change was recently implemented on September 5th. More information is available on line at www.sdcommute.com NCT participates and is a member of many standing Transportation Committees at MTS and SANDAG such as the Transit Services and Facilities Advisory Committee (TSFAC), Operators Advisory Committee (OAC), Capital Improvement Plan (CIP), Uniform Fare Working Group, Security Critical Incident Committee (SCIC), Transit Research Working Group, Accessible Services Advisory Committee (ASAC), and South County EDC Transportation Committee. NCT is a member of the California Transit Association (C.T.A) and the American Public Transit Association (A.P.T.A.) and we are an active advocate for Local, Regional, and National Transit related issues. NCT staff directly participates on the NC Chamber of Commerce Community Promotions, Military Affairs, Economic Development and Public Safety Committees and I serve on the Chamber Executive Board as the 2005 Past President. I am also a participant on the NCPD Chief of Police advisory and procedures and policies committees and have accepted a volunteer position on the Board of Directors for Morgan Square (PBID). Community Collaboration NCT is committed to working with the National City Community and residents through direct participation in Community projects and organizations or as volunteers. NCT is willing to evaluate and assist whenever possible to help meet the transportation needs of NC departments and organizations on a case -by -case basis for special or annual events. Submitted: September 7`h, 2006 ) u/ f�. t in P. Webster Sr. L.4ice President -General Manager National City Transit 160,000 155,000 150,000 145,000 140,000 135,000 130,000 125,000 120,000 115,000 TOTAL RIDERSHIP ■Jan-06 ❑Feb-06 ❑Mar-06 ■Apr-06 ■May-06 ■Jun-06 ■Jul-06 h Aug-06 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE September 19, 2006 AGENDA ITEM NO. 18 (-ITEM TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FO\ THE PERIOD OF 08/22/06 THROUGH 09/05/06 OF $1,043,858 Marilyn Adrianzen PREPARED BY Senior Accountan 619-336-4391 EXPLANATION See attached report. DEPARTMENT CDC— Finance Environmental Review ✓ N/A d» Financial Statement aw,u aetairr Total expenditures for the period of 08/22/06 THROUGH 09/05/06 amount to $1,043,858. Account No. N/A STAFF RECOMMENDATION RATIFY EXPENSES BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ratification of Expenditures for the period 08/22/06 through 09/05/06 A-200 (9/80) Pa ee FOR MEETING OF SEPTEMBER 19, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD: 08/22/06 - 09/05/06 Descri tioa Chk No Amount CDC PORTILLO CONCRETE, INC. AMERICAN PLANNING ASSOCIATION AT SYSTEMS WEST, INC. BEST BEST & KRIEGER CHRISTENSEN SCHWERD 1 FEGER CITY OF SAN DIEGO CORPORATE EXPRESS INC EDAW, INC. FEDERAL EXPRESS FOLEY & LARDNER INFRASTRUCTURE ENGINEERING KEAGY REAL ESTATE KEYSER MARSTON ASSOCIATES, INC KLEINFELDER, INC. LUCAST CONSULTING MAYER REPROGRAPHICS, INC. NATIONAL CONSTRUCTION RENTALS NEW CITY AMERICA, INC. OPPER & VARCO LLP OVERLAND PACIFIC & CUTLER, INC PARSONS, DAVID POWER PLUS ROSENOW SPEVACEK GROUP INC. SAN DIEGO DAILY TRANSCRIPT SOUTH COUNTY ECONOMIC TETRA TECH, ISG #1 THE STAR NEWS NUTRITION AIRGAS - WEST AT SYSTEMS WEST, INC. CALIFORNIA BAKING CO. CENTRAL MEAT & PROVISION FINANCIAL INDEMNITY COMPANY JOSEPH WEBB FOODS MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE PADRE JANITORIAL SUPPLIES, INC PRO -EDGE KNIFE SAN DIEGO GAS & ELEC IRIC SIERRA SPRINGS SYSCO SAN DIEGO TR PRODUCE, INC. HOUSING ASSISTANCE PAYMENTS CORPORATE EXPRESS INC EQUIFAX CREDIT INFORMATION SVS GMAC MORTGAGE PAYROLL CONSTRUCTION AT HIGHLAND AVE MEDIANS REDEV PLANNERS BOOK SERVICE ARMORED SERVICES FOR 08/06 LEGAL SERVICES FOR TIGER TRUST LEGAL SERVICES FOR PURPLE COW ENTERPRISE ZONE EMPLOYER SERVICES FY 06 CDC OFFICE SUPPLIES CONSULTING SERVICES AT WESTSIDE SPEC EXPRESS MAIL THRU O8/11/06 (1040-5677-6) PROF SERVICES FOR MARINA GATEWAY ENGINEERING SERVICES DTSP-UIR APPRAISAL SUMMERY FOR 1640 E PLAZA BLVD FINANCIAL FEASIBILITY ANALYSIS PROF SERVICES FOR HIGHLAND AVE MEDIANS LCP IMPLEMENTATION - HARBOR DISTRICT PROF SERVICES FOR FOODLAND PROJECT FENCE RENTAL AT CLEVELAND BABA - FORMING A DISTRICT LEGAL SERVICES FOR VARIOUS PROJECTS PROF SERVICES FOR VARIOUS PROJECTS REIMBURSEMENT OF OFFICE SUPPLIES EQUIPMENT RENTAL AT AQUATIC CENTER REDEVELOPMENT TAX INCREMENT ANALYSIS PROF SERVICES FOR FOODLAND SCEDC MEMBERSHIP FY 06-07 PROF SERVICES FOR HIGHLAND AVE MEDIANS PUBLIC NOTICE FOR FOODLAND SUBTOTAL - CDC: CONSUMABI.FS FOR NCNP ARMORED SERVICES FOR 08/06 FOOD FOR NCNP FOOD FOR NCNP NCNP AUTO INSURANCE FOOD/CONSUMABLES FOR NCNP FOOD FOR NCNP CONSUMABLES FOR NCNP CONSUMABLES FOR NCNP CONSUMABLES FOR NCNP NCNP ELECTRIC CHARGES THRU 08/16/06 NCNP WATER FOR FEELING FIT CLUB FOOD FOR NCNP FOOD FOR NCNP SUBTOTAL - NUTRITION: TOTAL -GENERAL FUND: MANUAL PAYMENTS S8 OFFICE SUPPLIES S8 CREDIT REPORT APPLICANTS S8 ELECTRICITY CHARGES FOR 07/06 TOTAL - SECTION 8: PPE 08/14/2006 TOTAL - ADMINISTRATIVE REVOLVING FUND: 16374 202,472.45 16376 184.00 16377 287.68 16378 63.45 16381 896.00 16382 22,284.24 16383 576.80 16384 1,395.00 16385 15.63 16387 55.00 16388 8,886.26 16390 218.75 16391 6,751.30 16392 313.00 16393 8,260.49 16394 913.64 16397 237.60 16398 3,362.60 16399 5,907.86 16400 817.50 16402 168.95 16403 390.00 16405 11,525.00 16406 464.00 16409 2,500.00 16411 25,405.28 16412 943.02 305,295.50 16375 20.52 16377 416.46 16379 318.55 16380 2,482.85 16386 82.06 16389 4,521.02 16395 620.55 16396 85.80 16401 509.36 16404 40.00 16407 2,422.50 16408 50.10 16410 2,366.83 16413 999.76 10257 10258 10259 514,936 36 $633,227.20 300.83 50.55 256.23 TOTAL OF ALL FUNDS: $1,043,858.13 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE September 19, 2006 AGENDA ITEM NO. 19 ITEM TITLE Resolution approving a Design Concept Plan by Palm Plaza Associates, LLC for development of a 1.07-acre parcel located at 1640 East Plaza Boulevard (APN# 557-410-20) in National City, CA. PREPARED BY Xavier Del Valle Senior Project Manager DEPARTMENT Community Development Commission EXPLANATION On June 20, 2006, the Community Development Commission of National City (CDC) approved an Assignment and Assumption Agreement with Palm Plaza Associates, LLC for a 1.07-acre parcel located at 1640 East Plaza Boulevard. Prior to considering a Disposition and Development Agreement (DDA) for the CDC owned parcel, Palm Plaza shall first submit their Design Concept Plan to the CDC for review and consideration. Considering a Design Concept Plan is not a pre -commitment from the CDC to execute a DDA, provide assistance of any kind, or approve any land use regulation governing the subject property. Approval of a Design Concept Plan shall enable Palm Plaza to initiate the necessary land use entitlements and environmental studies for development of the subject parcel. Environmental Review Environmental studies for a proposed project shall be initiated once a Design Concept Plan is approved by the CDC, and land use applications are submitted to the City for consideration. Financial Statement A $25,000 deposit from Palm Plaza has been received by the CDC to offset the costs associated with implementing the Exclusive Negotiation Agreement (ENA). STAFF RECOMMENDATION CDC adopt a resolution approving a Design Concept Plan by Palm Plaza Associates, LLC for development of a 1.07-acre parcel located at 1640 East Plaza Boulevard. !( ATTACHMENTS 1. Background Report 2. Resolution 3. Design Concept Plan Resolution No. A-200 (9/80) ATTACHMENT 1 BACKGROUND REPORT On January 10, 2006, the CDC and the Acevedo Group entered into an Exclusive Negotiation Agreement (ENA) for a 1.07-acre parcel located at 1640 East Plaza Boulevard. Since then, the Acevedo Group has partnered with the Planet Development Corporation and Desert Wells, LLC to prepare plans to develop a residential and commercial mixed use project for the CDC owned parcel, as well for two parcels that the partnership controls just west of the subject site. As a result of their partnership, they requested and the CDC approved on June 20, 2006, an Assignment and Assumption Agreement for the subject parcel to their newly formed Palm Plaza Associates, LLC. On July 12, 2006, the Executive Director approved an extension of the Assignment and Assumption Agreement for an additional six months, or to January 8, 2007. The extension provides additional time for Palm Plaza and the CDC to negotiate a DDA for the acquisition and development of the CDC owned parcel. Prior to considering a DDA, Palm Plaza shall first submit their Design Concept Plan to the CDC for review and consideration. Approval of a Design Concept Plan shall then enable Palm Plaza to initiate the necessary land use entitlements and environmental studies for development of the subject parcel. A proposed project description and Design Concept Plan is herein included as Attachment 3. Overall, the Plan calls for 53 town home units, two live -work units, a clubhouse, and 116 parking spaces. Tonight's CDC action is to consider a Design Concept Plan for the CDC owned parcel located 1640 East Plaza Boulevard. The Design Concept Plan also includes two parcels that Palm Plaza controls just west of the subject site. Considering a Design Concept Plan is not a pre - commitment from the CDC to execute a DDA, provide assistance of any kind, or approve any land use regulation governing the subject property. Environmental studies for a project shall be initiated once a Design Concept Plan is approved by the CDC, and land use applications are submitted to the City for consideration. RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING A DESIGN CONCEPT PLAN BY PALM PLAZA ASSOCIATES, LLC FOR DEVELOPMENT OF A 1.07-ACRE PARCEL LOCATED AT 1640 EAST PLAZA BOULEVARD (APN 557-410-20) WHEREAS, on June 20, 2006, the Community Development Commission of the City of National City ("CDC") approved an Assignment and Assumption Agreement with Palm Plaza Associates, LLC for a 1.07-acre parcel located at 1640 East Plaza Boulevard; and WHEREAS, on July 12, 2006, the CDC Executive Director approved an extension of the Agreement for an additional six months, or to January 8, 2007; and WHEREAS, the extension provides additional time for Palm Plaza and the CDC to negotiate a Disposition and Development Agreement ("DDA") for the acquisition and development of the CDC -owned parcel; and WHEREAS, prior to considering a DDA, Palm Plaza shall first submit their Design Concept Plan to the CDC for review and consideration; and WHEREAS, approval of a Design Concept Plan shall then enable Palm Plaza to initiate the necessary land use entitlements and environmental studies for development of a project. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby approves a Design Concept Plan by Palm Plaza Associates, LLC for development of a 1.07-acre parcel located at 1640 East Plaza Boulevard (APN# 557-410-20). PASSED and ADOPTED this 19th day of September, 2006. Nick Inzunza,Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel PALM PLAZA - SEPTEMBER 6, 2006 PROJECT DESCRIPTION SITE OVERVIEW Palm Plaza is located in the Redevelopment District of National City, California. The site con- sists of a total of 2.77 acres and three separate vacant parcels. The following two parcels are owned by Palm Plaza Associates, LLC and comprise 1.7 acres (74,052 square feet) of the pro- ject area: Parcel 1: APN: 557-410-21 Parcel 2: APN: 557-410-23 The third parcel (ANP: 557-410-20) is owned by the Community Development Commission (CDC) of National City in which Palm Plaza Associates, LLC has an Exclusive Negotiation Agreement (ENA). This site is 1.07 acres (46,609.20 square feet) and is contiguous to the pri- vately owned parcels. The project is located at the corner of East Plaza Boulevard and Palm Avenue. The surround- ing area consists of several newly completed residential projects, as well as a few that are in the planning stages. The project is found in close proximity to 1-805 and 1-5, two major freeways of San Diego. It is nearby the neighboring city of Chula Vista and is a short drive north to the Downtown San Diego. DEVELOPMENT INFORMATION The subject project encompasses 53 townhomes, two live -work units, and a clubhouse. The front project area will have the two live -work units facing tine East Plaza Blvd. Each townhome includes two parking spaces on the first level and a private backyard. Landscaping is to provide privacy to the residential portion avowing a pleasant ambiance. PALM PLAZA - SEPTEMBER 6, 2006 UNIT MIX Type of Unit # of Units Net SF T Net SF Townhomes—Three Bedrooms Live -work Units Total PARKING COUNT 53 1,400 74,200 2 1,700 3,400 55 77,600 Type of Unit # of Parking Spaces Townhomes—Three Bedrooms 106 Live -work Units 4 Guests 6 Total Spaces: 116 Note: All data Is approximate. Legend 1 Goted Drive/Fire Access 2 Clubhouse 3 Storm Drain Easement 4 Surface Parking 5 Court 6 Existing Gas Station 7 Live/Work Units 8 Typical 2-Story Townhome Over 2-Car Garage 9 Sloping Driveway 10 Site Stair �v1ar Palm & Plaza Mixed Use NATIONAL C 1 T Y, CALIFON NIA JUNE 28. 2006 25 50 WON C SiUDIO E x Level One Palm & Plaza Mixed Use NATIONAL C I T Y, CALIFORNIA Level Two Level Three JUNE 26. 7006 ��r Typical Townhome Elevation Palm & Plaza Mixed Use NATIONAL C I T Y, CALIFORNIA TUNE 20, 2006 NO SCALE ST IJ! ui E City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 20 MEETING DATE September 19, 7006 AGENDA ITEM NO. ITEM TITLE nto Resolution approving a Second Amendment to the Term Sheet that was entered into betweenional CWillow Partners, LLC and the Community Development Commission (CDC) of and appropriating $722,000 from the Project Area Housing Fund for the Plaza Apartment Project located at 1535 East Plaza Boulevard in National City_ CA PREPARED BY DEPARTMENT Xavier Del Valle Community Development Commission Senior Project Manager EXPLANATION On June 15, 2005, a Term Sheet for CDC Loan was entered into between the Willow Partners, LLC, and CDC for the development of an 80-unit senior housing project at 1535 East Plaza Boulevard. d. Under the original Term Sheet, the CDC provides a long term low interest loan of $2,700, to Willow to assist them in developing the affordable housing senior project. In June 2006, the Project was awarded low income tax credits, and thereafter Willow formally requested that the CDC provide an additional loan of $1,000,000 for the project. Willow asserted that since the project was approved nearly a year ago, there has been a significant increase in construction and finance costs in the market place. KMA, the CDC's on -call consultant, reviewed Willow's updated pro forma, and determined that the assistance should not exceed $722,000. Environmental Review On June 6, 2005, Conditional Use Permit (CUP) 2005-08 was approved by the Planning Commission for the proposed 80-unit senior housing complex. The project was Categorically Exempt under Class Section 15302 of CEQA. Financial Statement Under the terms of the Amended Term Sheet, the CDC shall provide a long term low interest loan of $2,700,000 to Willow for the project. If the additional subsidy is approved, the loan shall increase by $722,000 for a total of $3,422,000. The additional $722,000 would be appropriated from the Project Area Housing Fund to implement the project. Of note, the CDC has provided an initial payment of $1,000,000 to assist Willow in acquisition of the subject property. STAFF RECOMMENDATION Approve a Second Amendment to the Term Sheet that was entered into between Willow and the CDC, and appropriate $722,000 from the Project Area Housing Fund to implement the Plaza Apartment Project located at 1535 East Plaza Boulevard in National City, CA 1 ATTACHMENTS 1. Background Report 2. Resolution 3. 2nd Amendment to Term Sheet for CDC Loan Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A SECOND AMENDMENT TO THE TERM SHEET THAT WAS ENTERED INTO BETWEEN WILLOW PARTNERS, LLC AND THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY, AND APPROPRIATING $722,000 FROM THE PROJECT AREA HOUSING FUND FOR THE PLAZA APARTMENT PROJECT LOCATED AT 1535 EAST PLAZA BOULEVARD WHEREAS, on June 15, 2005, a Term Sheet for a CDC Loan was entered into between Willow Partners, LLC, and the CDC for development of the 80-unit Plaza Apartment senior housing project at 1535 East Plaza Boulevard; and WHEREAS, pursuant to the Term Sheet, the CDC shall provide a long term low interest loan of $2,700,000 to assist Willow in developing the project; and WHEREAS, on October 25, 2005, an Amended Term Sheet was approved, which provided an initial payment of $1,000,000 to Willow to assist them in the acquisition of the subject property; and WHEREAS, due to an increase in construction and finance costs in the market place, the CDC has been requested to increase the loan amount for the project by $722,000 for a total of $3,422,000; and WHEREAS, funding for the additional loan amount is available in the Redevelopment Project Area Housing Fund. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a Second Amendment to the Term Sheet between Willow Partners, LLC, and the CDC for development of the 80-unit Plaza Apartment senior housing project at 1535 East Plaza Boulevard, pursuant to which the loan amount for the project from the CDC shall increase by $722,000 for a total of $3,422,000. BE IT FURTHER RESOLVED that the additional loan amount is appropriated from the Redevelopment Project Area Housing Fund. PASSED and ADOPTED this 19th day of September, 2006. Nick Inzunza,Chairman ATTEST: APPROVED AS TO FORM: Chris Zapata, Secretary George H. Eiser, III Legal Counsel ATTACHMENT 1 BACKGROUND REPORT On June 15, 2005, a Term Sheet for a CDC Loan was entered into between the Willow Partners, LLC, and the CDC for development of an 80-unit senior housing project on a 1.68-acre parcel located at 1535 East Plaza Boulevard. The proposed tax credit project would consist of 64 one - bed room units, 16 two -bed room units, and 80 parking spaces. The units would be rent restricted for a minimum of 55-years, and would be made available for seniors (55-years or older) at income levels that range from 30% to 60% of the Area Median Income. Under the terms of the original Term Sheet, the CDC would provide a long term low interest loan of $2,700,000 to Willow to assist them in developing the project. In order for Willow to secure the CDC loan, Willow would need to obtain all the necessary funding, building permits, regulatory approvals, and have satisfied all conditions of the Term Sheet. The CDC Loan would be secured by a deed of trust made by the borrower in favor of the CDC. In July 2005, Willow submitted a Tax Credit Application, which received a perfect score and was initially approved as a recipient of the competitive 9% low income tax credits. In September 2005, Willow and the CDC were notified that the Tax Credit Committee bypassed the project, and awarded the tax credits to another County project. Soon after, Willow and the CDC attended a Tax Credit Committee meeting in Sacramento to lobby for the project and tax credits. The visit proved unsuccessful. The following provides a time line of the ensuing course of events. • On October 25, 2005, an Amended Term Sheet was approved, which provided an initial payment of $1,000,000 to Willow to assist them in the acquisition of the subject property. • On November 5, 2005, the subject property was acquired with a combination of City loan, developer equity, and a loan from Sun America, the tax credit investor. • In February 2006, demolition of the former Ha Penny Motel was completed. • In March 2006, Willow resubmitted a Tax Credit Application to the State Tax Credit Committee. • In June 2006, Willow formally requests that the CDC provide an additional loan of $1,000,000 for the project. Willow asserted that since the project was approved nearly a year ago, there has been a significant increase in construction and finance costs in the market place. KMA, the CDC's on -call consultant, reviewed Willow's updated pro forma, and determined that the assistance should not exceed $722,000. Willow's request was reduced to $800,000, which is $78,000 more than staff's recommendation. The variation is primarily due to a difference in opinion regarding the financing costs associated with developing the project. • In June 2006, Willow and the CDC were notified that the project was awarded the tax credits, which amounts to $11,358,330. Under the terms of the Second Amendment to the Term Sheet, the CDC loan would increase by $722,000 for a total of $3,422,000. The additional $722,000 would be appropriated from the Project Area Housing Fund for the project. Of note, the CDC has provided an initial payment of $1,000,000 to assist Willow in acquisition of the subject property. The Time of Funding shall not change from the Amended Tenn Sheet that was entered into on October 25, 2005. As set forth in the Term Sheet, the remaining loan proceeds for the project shall be dispersed as follows: • 33% of the CDC Loan principal amount upon receipt of all building permits necessary to complete the project; • An additional 33% of the CDC Loan principal amount upon completion of 50% of the construction of the project, as certified by the project architect; and • The remaining 33% of the CDC Loan principal amount upon completion of construction of the project, as evidenced by a final certificate of occupancy. In order to secure the tax credits, Willow shall need to provide to the Tax Credit Committee by November 20, 2006, evidence of issuance of building permits along with evidence of the payment of all lender fees, and recorded deeds of trust for all construction financing and notice to proceed delivered to general contractor. Willow is working diligently in making sure that they address all the above mentioned submittal requirements. If approved, construction is slated for completion by March 2008. The benefits of the senior housing project are as follows: • The project shall provide 80 senior housing units that will be made affordable for a minimum of 55 years, and made affordable to seniors (55 years or older) at income levels that range from 30% to 60% of the Area Median Income; • The project removes the former Ha Penny Motel, an "eyesore" that received an unusually high number of calls for police service; • The project addresses the larger community need for providing additional affordable senior rental housing; • The project contributes to the redevelopment project area obligation for providing affordable housing in the community; and • The project provides an architecturally attractive building that adds stability to the area, and provides an increased customer base that would patronize area businesses. September 19, 2006 Davis Slajchert, Willow Partners, LLC. 310 N. Westlake Boulevard, Ste 210 Westlake Village, CA 91362 Re: Second Amendment to Term Sheet for CDC Loan Dear Mr. Slajchert: I am pleased to offer the revised loan amount as described in this Second Amendment to the Term Sheet for the Plaza City Apartments project, which is proposed at 1535 East Plaza Boulevard in National City, CA. Subject to the approval of the National City Community Development Commission Board, the Term Sheet shall herein be amended as follows: CDC Loan Principal Amount: CDC will make a loan to the Borrower in the amount of $3,422,000 (the "CDC Loan"). Provided, however, that Borrower shall apply for and use Borrower's best efforts to obtain a conditional grant or loan which may be awarded by the Federal Home Loan Bank Affordable Housing Program for the Project (the "AHP Loan"), the terms and conditions of which shall be acceptable to the Executive Director of the CDC or designee. Except as modified by this Amendment, the terms and conditions of the Agreement remain unchanged and in full force and effect. In the event of a conflict in the terms and conditions of the Agreement and this Addendum, the terms and conditions of this Addendum shall control. All references to the Agreement in any document shall be deemed to mean the Agreement as herein modified. Notwithstanding anything contained herein to the contrary, this Second Amendment shall not be binding upon the CDC, unless and until the transaction proposed herein is duly approved by the CDC Board. If your organization desires to pursue the transaction described herein, please sign the acceptance below and return a signed copy to my office. Sincerely, Chris Zapata Executive Director Willow Partners, L.P. Page 2 ACCEPTANCE Accepted this day of September 2006, at , California. By executing below, the undersigned warrants that he/she has full and complete authority and power to execute this Second Amendment on behalf of Willow Partners, LLC, a California Limited Liability Company. Borrower: Willow Partners, LLC, a California Limited Liability Company By: Print Name: G. Davis Slajchert Its: Member City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE September 19, 2006 AGENDA ITEM NO. 21 ITEM TITLE Report: Community Development Owned Parcels at 1820 G Street, 1441 Harding Avenue, and 405 18th Street, National City, CA PREPARED BY Xavier Del Valle Senior Project Manager DEPARTMENT Community Development Commission EXPLANATION On September 13, 2005, the CDC directed staff to work with Interra Development to prepare plans to develop the CDC -owned parcels located at 1820 G Street and 1441 Harding Avenue, and to work with St. Anthony's Church on a possible project at the parcel located at 405 West 18th Street. After further review, it was determined that the project was infeasible to develop due to Federal HOME Program rules that set limitations on the use of HOME funds. In order to comply with the HOME fund requirements, staff has disqualified from the RFP process the HOME acquired sites located at 1820 G Street and 1441 Harding Avenue. To proceed, staff shall come back in early October and present the CDC with options to consider for developing the HOME acquired parcels with the assistance of a CHDO. To date, St. Anthony's Church has not provided any proposal or offer to acquire the parcel located at 405 West 18th Street. Staff shall also come back in October and provide the CDC with options to consider and how to move forward with the subject parcel. Environmental Review CEQA is not applicable Financial Statement Not applicable STAFF RECOMMENDATION CDC accept and file report. 1 ATTACHMENTS 1. Background Report Resolution No. i A-200 (9/80) ATTACHMENT 1 BACKGROUND REPORT On September 13, 2005, the CDC directed staff to work with lnterra Development to prepare plans to develop the CDC -owned parcels located at 1820 G Street (15,246-sf) and 1441 Harding Avenue (8,712-sf), and to work with St. Anthony's Church on a possible project at the parcel located at 405 West 18th Street (8,712-sf). The selection process was a result of a Request for Proposal (RFP) that was released by the CDC on March 28, 2005. Interra's proposal consisted of a conceptual plan to develop nine (9) row units at the parcel located at 1820 G Street. At that time, the 1820 G Avenue parcel was considered the initial focus of development, and plans for the other parcels would be prepared at a later time. Thereafter, staff provided the CDC's on -call economic and housing consultant (Keyser Marston Associates) with Interra's pro forma for their proposed project at 1820 G Street. As a result of the analysis, it was determined that the project was infeasible to develop due to Federal HOME Program rules that set limitations on the use of HOME funds. Since the parcels at 1820 G Street ($875,000) and 1441 Harding Avenue ($400,000) were acquired with HOME funds, the CDC shall need to take the following HOME requirements into consideration: • The HOME Program requires a minimum of 15% of accumulated HOME Allocations to be set -aside for Community Housing Development Organizations (CHDOs). CHDOs can own, develop, or sponsor housing development projects through the use of HOME funds. The CDC has not met this requirement, and therefore, needs to commit funds for this purpose. • All CHDO set -aside funds that are not reserved for designated CHDOs within 24 months of the HOME allocation runs the risk of being recaptured by HUD. • Pursuant to HOME rules, a housing project needs to break ground within 12 months of the commitment date. Consequently, the HOME -acquired parcels at 1820 G Avenue and 1441 Harding Avenue need to be completed within the next 10 months. • The CDC is authorized to sole source HOME acquired sites to a CHDO, if necessary. • CHDOs need to comply with all the HOME regulations, including those pertaining to affordability, ADA compliance, maximum per unit subsidy limits, prevailing wage, etc. In order to comply with the above mentioned HOME requirements, staff has disqualified from the RFP process the HOME acquired sites located at 1820 G Street and 1441 Harding Avenue. Interra is not a qualified CHDO, and their proposal called for a primarily market rate product. To proceed, staff shall come back in early October and present the CDC with options to consider for developing the HOME acquired parcels with the assistance of a CHDO. The anticipated benefits of working with a CHDO include compliance with HOME Program requirements, and it will provide the opportunity to develop a for -sale affordable housing project in a timely manner. Of note, the parcel located at 405 West 18th Street is not affected by HOME fund requirements, because the parcel was acquired with Housing Set Aside Funds. To date, St. Anthony's Church has not provided any proposal or any offer to acquire the above reference subject parcel. Staff shall also come hack in October and provide the CDC with options to consider and how to move forward with the subject parcel.