HomeMy WebLinkAbout2007 CON National City Diablos - CDBG 07-08SUBRECIPIENT AGREEMENT
By and Between the
City of National City and National City Diablos
for
National City Pop Warner Football and Cheer Program
THIS AGREEMENT, entered this 20 day of September, 2007 by and between the City of National City
(herein called the "Grantee") and National City Diablos (herein called the "Subrecipient").
WHEREAS, the Grantee has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law
93-383; and
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such
funds;
NOW, THEREFORE, it is agreed between the parties hereto that;
SCOPE OF SERVICE
A. Activities: The Subrecipient will be responsible for administering the program titled,
National City Poo Warner Football and Cheer Program in a manner satisfactory to
the Grantee and consistent with any standards required as a condition of providing these
funds. Such program will include activities eligible under the Community Development
Block Grant (CDBG) program, as specified in Exhibit A, attached and incorporated herein.
B. National Objectives: All activities funded with CDGB funds must meet one of the CDBG
program's National Objectives: benefit low- and moderate -income persons; aid in the
prevention or elimination of slums or blight; or meet community development needs
having a particular urgency, as defined in 24 CFR 570.208
The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet
the National Objective of 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 A, attached hereto and Incorporated herein.
E. Performance Monitoring: The Grantee will monitor the performance of the Subrecipient
against goals and performance standards as stated above. Substandard performance as
determined by the Grantee will constitute noncompliance with this Agreement. If action to
correct such substandard performance is not taken by the Subrecipient within a
reasonable period of time after being notified by the Grantee, contract suspension or
termination procedures will be initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 15t day of July, 2007 and end on the 30th day of
June of 2008 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.
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 B
and incorporated herein. Any amendments to the budget must be approved in writing by both
the Grantee and the Subrecipient.
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IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under
this Agreement shall not exceed Ten Thousand Dollars ($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.
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:
Gralritee .
Contact Person:
Janet Flores
Organization:
City of National City
Address: 1243 National City Boulevard
National City, CA 91950-4301
Telephone:
(619) 336-4563
Email:
JFlores@ci.national-city.ca.us
Sut eclpte t
Contact Person:
Samuel Gonzalez, Fund -Raising Chairman
Organization:
National City Diablos
Address: P.O.Box 1077
National City, CA 91950
Telephone:
(619) 342-1645
Email:
Info@ncdiablos.com
VI. GENERAL CONDITIONS
A. General Compliance: The Subrecipient agrees to comply with the requirements of
Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban
Development regulations concerning Community Development Block Grants (CDBG))
including subpart K of these regulations, except that (1) the Subrecipient does not
assume the recipient's environmental responsibilities described in 24 CFR 570.604 and
(2) the Subrecipient does not assume the recipient's responsibility for initiating the
review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to
comply with all other applicable Federal, state and local laws, regulations, and policies
governing the funds provided under this contract. The Subrecipient further agrees to
utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available.
B. "Independent Contractor": Nothing contained in this Agreement is intended to, or
shall be construed in any manner, as creating or establishing the relationship of
employer/employee between the parties. The Subrecipient shall at all times remain an
"independent contractor" with respect to the services to be performed under this
Agreement. The Grantee shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Workers'
Compensation Insurance, as the Subrecipient is an independent contractor.
C. Hold Harmless: The Subrecipient shall hold harmless, defend and indemnify the
Grantee from any and all claims, actions, suits, charges and judgments whatsoever that
arise out of the Subrecipient's performance or nonperformance of the services or subject
matter called for in this Agreement.
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D. Workers' Compensation: The Subrecipient shall 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 Subreciplent 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. Suspenstcn 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 Subreciplent 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.
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
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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 REOUIREMENTS
A. Financial Management
1. Accounting Standards: The Subrecipient agrees to comply with 24 CFR 84.21-28
and agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation for
all costs incurred.
2. Cost Principles: The Subrecipient shall administer its program in conformance with
OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost
Principles for Educational Institutions," as applicable. These principles shall be
applied for all costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record Keening
1. Records to be Maintained: The Subrecipient shall maintain all records required by
the Federal regulations specified in 24 CFR 570.506, that are pertinent to the
activities to be funded under this Agreement. Such records shall include but not be
limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition
of real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program;
f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21 28; and
g. Other records necessary to document compliance with Subpart K of 24 CFR
Part 570.
2. Retention: The Subrecipient shall retain all financial records, supporting
documents, statistical records, and all other records pertinent to the Agreement for
a period of four (4) years. The retention period begins on the date of the submission
of the Grantee's annual performance and evaluation report to HUD in which the
activities assisted under the Agreement are reported on for the final time.
Notwithstanding the above, If there is litigation, claims, audits, negotiations or other
actions that involve any of the records cited and that have started before the
expiration of the four-year period, then such records must be retained until
completion of the actions and resolution of all issues, or the expiration of the four-
year period, whichever occurs later.
3. Client Data: The Subrecipient shall maintain client data demonstrating client
eligibility for services provided. Such data shall include, but not be limited to, client
name, address, income level or other basis for determining eligibility, and
description of service provided. Such information shall be made available to Grantee
monitors or their designees for review upon request.
4. Disclosure: The Subrecipient understands that client information collected under
this contract is private and the use or disclosure of such information, when not
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C.
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 & Insoections: 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, Exhibit C, and any additional documents, as required in Exhibit
"D" and "E," attached and incorporated herein.
ReDortinct and Payment Procedures
1. Program Income: The Subrecipient shall report quarterly all program income (as
defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds
made available under this contract. The use of program income by the Subrecipient
shall comply with the requirements set forth at 24 CFR 570.504. By way of further
limitations, the Subrecipient may use such income during the contract period for
activities permitted under this contract and shall reduce requests for additional funds
by the amount of any such program income 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 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.
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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 ACOUISITION AND ONEfOR-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.
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IX. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Riahtg
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.
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.
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,
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HUD or its agent, or other authorized Federal officials for purposes of investigation
to ascertain compliance with the rules, regulations and provisions stated herein.
4. Notifications: The Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the agency contracting officer, advising
the labor union or worker's representative of the Subrecipient's commitments
hereunder, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5. Eaual Employment Opportunity and Affirmative Action (EEO/AA)
Statement: The Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of the Subrecipient, state that it is an Equal
Opportunity or Affirmative Action employer.
6. Subcontract Provisions: The Subrecipient will include the provisions of
Paragraphs 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 which Federal assistance is
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provided. The Subreclpient 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 24 CFR Part 135 and will not let any subcontract unless the
entity has first provided it with a preliminary statement of ability to comply
with the requirements of these regulations.
D. conduct
1. Assignability: The Subrecipient shall not assign or transfer any interest in this
Agreement without the prior written consent of the Grantee thereto; provided,
however, that claims for money due or to become due to the Subrecipient from
the Grantee under this contract may be assigned to a bank, trust company, or
other financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to the Grantee.
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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. Lobbying: The Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on
behalf of It, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
Subrecipient Agreement
Page 10 of 13
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. �obbvinq 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 5100,000 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. Reliaious Activities: The Subrecipient agrees that funds provided under this
Agreement will not be utilized for inherently religious activities prohibited by 24
CFR 570.200(j), such as worship, religious instruction, or proselytization.
X. ENVIRONMENTAL CONDITIONS
A. Air and Water: The Subrecipient agrees to comply with the following requirements
insofar as they apply to the performance of this Agreement:
Clean Air Act, 42 U.S.C. , 7401, et seq.;
Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and information, as
well as other requirements specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder;
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as
amended.
B. Flood Disaster Protection: In accordance with the requirements of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities
located in an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance Program
is obtained and maintained as a condition of financial assistance for acquisition or
construction purposes (including rehabilitation).
C. Lead -Based Paint: The Subrecipient agrees that any construction or rehabilitation of
residential structures with assistance provided under this Agreement shall be subject to
HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B.
Such regulations pertain to all CDBG-assisted housing and require that all owners,
prospective owners, and tenants of properties constructed prior to 1978 be properly
notified that such properties may include lead -based paint. Such notification shall point
out the hazards of lead -based paint and explain the symptoms, treatment and precautions
that should be taken when dealing with lead -based paint poisoning and the advisability
and availability of blood lead level screening for children under seven. The notice should
also point out that if lead -based paint is found on the property, abatement measures may
be undertaken. The regulations further require that, depending on the amount of Federal
Suhrecipient Agreement
Page I I of 13
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 pf 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 and the attachments referenced below
between the Grantee and the Subrecipient for the use of funds received under this Agreement
and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral, or written between the Grantee and the Subrecipient with respect to this
Agreement.
ATTACHMENTS
Exhibit A -Scope of Services
Exhibit B-Budget
Exhibit C-Board of Directors and Bylaws
Exhibit D-Technical Assistance Materials
Exhibit E-Affirmative Action Policy
Subrecipient Agreement
Page 12 of 13
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.
City of ational City
on Morrison
Mayor, City of National City
APPROVED AS TO FORM
leasz
George Eis
City Attorney
ATTEST
City Clerk
Natlo Q, ity Diablos
Samuel Go
Fund-Raisin•m irman
Subrecipient Agreement
Page 13of13
EXHIBIT A
SCOPE OF SERVICES
1. The .Program
A I1.v r Drib
C.t consists of the following activities:
It is the goal of the National City Diablos Pop Warner Program to establish and
sustain a quality football program for National City children ages 5 to 15 that:
• teaches the fundamentals of football and/or cheerleading
• models the importance of teamwork on the field and in the classroom
• values leadership, follower ship, sportsmanship and ethical behavior
• validates the importance of the role of the parent as provider of and
participant in their child's success
Provide the necessary infrastructure, equipment, training and academic support for
National City children/youth and their parents to participate in sanctioned after
school and weekend activities on Pop Warner Football Teams and Pop Warner
Cheer Squads.
2. The following lists the staff and time commitments to be allocated to activity listed above
Staff , eml3ie ' Naii%and..Tetie ._
fours Militated
Margarita Gonzales President
250 Hrs
Robert Phillips Vice President
250 Hrs
Mauricio Garcia Vice President
250 Hrs
Meg Garcia Secretary
250 Hrs
Denise Cedeno Cheer Director
250 Hrs
Anna Flores Little Scholars
250 Hrs
Sonia Gamboa Asst. Cheer Director
250 Hrs
Diana Aguilar Eligibility Director 1
250 Hrs
Anna Garcia Parent Liaison
250 Hrs
Thomas Flores Equipment Manager
250 Hrs
Jose Mendoza Tackle Director
250 Hrs
Sam Gonzales Fund Raising Chairman
250 Hrs
Wes Braddock SUHi Liaison
250 Hrs
Eder Cedeno Field Coordinator
250 Hrs
3. Billing Method: Monthly X Quarterly
4. List the type of supporting documentation to be provided:
Inventory Sheets, Volunteer Hrs. Time Sheets
5. List the major/key activity milestones:
Major Activity
Milestones
1
Month
7
2
3
4
5
6
8
9
10
11
Player Registration
X
X
Practices
Games
X
X
X
X
X
Play -Offs
X
Inventory of Gear
X
X
Out -Reach and Planning
X
X
X
X
X
12
EXHIBIT B
BUDGET
Agency Name: National City Diablos
Activity Name: Pop Warner Football & Cheer Pro ram
Description
CDBG
BUDGET
OTHER
RESOURCES
TOTAL
BUDGET
1) Personnel (Direct labor)
—
_
_
$25,000.00
— — --- —
$22 000.00
,
_ ._
_ _
$35,000.00
_ _ _
$22 L 000.00
_
2) Fringe Benefits
__) Travel
4) Supplies and Materials
._. _ _.
Football Equipment _ _ _
Uniforms _ _ _
_ _ _
5) Sub Total for Direct Costs
_ — .$10,000.00
TOTAL
_ $10,000.00
$47,000.00
$57,000.00
EXHIBIT C
BOARD OF DIRECTORS & BYLAWS
Please see attached.
N Nat. en Of
Position Name
President Maggie Gonzales (619) 250-0568 diablospres@yahoo.com
Vice President Mauricio Garcia (619) 948-1937 mauiGl:?excite.com
Tackle Director Josr- Mendoza (619) 829-1262 jose.mendoza@suhsd.k12.ca.us
Tresu.rer Martha Mendoza (619) 922-"8059 jmjjrin(hotmail.com
Secretary Meg Garcia (619) 948-1939 meg.garcia(cPsuhsd.k12.ca.us
Little Scholars SecAnna Flores (61.9) 52.7-9742 anna.flores@sdcounty.ca.gov
Elgibility Sec. Diana Aguilar (619) 336-7023 soccerladydvlsyahoo.com
Cheer Director Denise Cedeno (619) 399-9672 denisecedano@yahoo.com
Special Events Dir Anna Garcia (619) 501-8815 crefrcmfts@cox.net
Schedule Director Sam Gonzales (619) 250-.5904 sam.gonzales(g`suhsd.k12.ca.us
Field manager Thomas Flores (619) 527- 9742 tflores r'hawthornecat.com
Coaches Rep. Robert Phillips (619) 726-0712 rphillips@brady.com
Equipment Mgr. James Kim (619) 841-4584
Main Office
Address
National. City, CA 91950
Phone
Office: (619)
Fax: (619)
E-Mail: rcoopwarncr(�yahoc.com
Team Colors: Cardinal Red / Charcoal Grey / White
E-Mail
"I1' TAKES A COMMUNITY TO RAISE A CI I II.D"
Little Scholars Football Association
NATIONAL CITY DIABLOS POP WARNER
BY-LAWS
ARTICLE I
AFFILIATION AND RULES
1.0 As long as this Association is a member in good standing with the San Diego
Pop Warner Conference, this Association will subscribe to and be bound by the By -
Laws, Rules and Regulations of San Diego Pop Warner Football Conference and
any amendment or modification thereof.
1.1 The conference by-laws shall prevail in all matters not covered by this
associations by-laws.
1.2 Except in Respect to matters covered specifically in the by-laws of this
association and of the conference, rules promulgated by National Headquarters
shall prevail.
ARTICLE II
MEETINGS
2.0 General association meetings shall be conducted once each month during
the months of August through December.
2.1 General association meetings shall be open to all association members.
2.2 Time and place of each succeeding general meeting shall be announced at
the close of each meeting and subsequently published.
2.3 Board meetings shall be held as scheduled by the board, but not less than
once monthly. Board meetings will not be open to all association members except
by invitation from any board member, and voting privileges shall be reserved for
elected/appointed executive board members as outlined in these by-laws.
National City Diablos By -Laws Rev.11-30-06 1
ARTICLE III
ELECTIONS
A Nominating committee of five members shall be elected in September. Two
members shall be elected by the Executive Board and three members shall be
elected by the membership of the association. The Chairperson shall be elected by
the Committee.
3.1 The nominating committee chairperson shall present the committees
nominations at a general association meeting in October.
3.2 Nominations for those officers up for re-election shall be permitted from the
floor at the November general meeting. Nominees must have evidenced their
consent for nomination. An election of those Association Officers shall immediately
follow the November general meeting. Written notice of acceptance of nomination
will be sufficient if the nominee is unable to appear in person at this meeting.
3.3 No Executive Board member who resigns his/her position or is removed from
his/her position, shall be allowed to be nominated and/or serve on the Executive
Board of Directors for a period of two (2) consecutive years, from the date of
resignation or removal. Unless, approved by majority vote of the Executive Board.
ARTICLE IV
TITLES, TERMS, REQUIREMENTS AND DUTIES OF OFFICERS
The offices of President, Eligibility Director, Publicity Agent, Special Events Director,
Auditor, and concessionaire shall be elected to a two year term of office in
November of Uneven numbered year (Term to convene January 1 of even
numbered year and end December 31 of uneven numbered year). The offices of
Vice President, Secretary, Treasurer, Equipment Manager, Sponsor Agent, Field
Maintenance Safety and Insurance Representative; Cheer Leader Representative
and Scheduling director shall be elected to two year term of office in November of
even numbered year (term to convene January 1 of uneven numbered year (Term
to convene January 1 of uneven numbered year and end December 31 of uneven
numbered year). The coaches Representative shall be elected yearly in August by
the Head Coaches.
4.1 All officers shall attend all meetings and general meetings as scheduled by
the President. Should an officer be unable to attend a meeting, it shall be that
officers responsibility to submit any reports pertaining to his or her position to the
president prior to the meeting.
The Executive Board will, by majority vote, declare an office vacant if an officer has
been absent for two consecutive meetings without good cause or otherwise
excused.
Removal of an officer for any other reason will be by majority vote of the Executive
National City Diablos By -Laws Rev.11-30-06 2
Board and of the General Association at a general meeting provided notice of the
removal vote has been filed with the Secretary and presented at a regular general
meeting no Tess than fifteen days prior to the meeting at which it is to be voted
upon.
4.1.1 The President shall appoint an officer to fill an Executive Board vacancy. All
appointments must be ratified by majority vote of the Executive Board.
PRESIDENT- Maggie
The President shall be the Principal Executive Officer of this Association. He/She
shall, in general, supervise all the business and affairs of the Association. He/She
shall preside at all executive board and general association meetings of this
association. He/She shall perform such other duties as the Executive Board may
require. He/She or his appointed alternate shall attend all regular meetings and any
Pop Warner committees this association is assigned to serve on, and report all such
actions of the conference to the Executive Board. All matters not requiring
immediate vote at the conference meetings, shall be referred to the Executive
Board for their consideration.
4.1.2 VICE PRESIDENT-Mauricio/Robert
The Vice President shall assist the President in the performance of his duties and
shall act for the President in his absence. He/She shall act as ex-officio member of
all committees, and shall carry out such other duties and assignments as may be
directed by the President or Executive Board.
4.1.3 SECRETARY —Meg
The Secretary shall keep, or cause to be kept a record of minutes of all meetings
with the time and place of holding, whether board, general or special, and if special,
how authorized, the notice thereof given, the names of all those present and
proceedings thereof. Shall be responsible for maintaining and sending of
correspondence, custody of Association records and correspondence, and shall
perform such other duties as directed by the President or Executive Board. A report
shall be given to the President, at some time after each meeting, and maintained by
the Secretary for permanent record.
4.1.4 TREASURER- Martha (Maggie)
The Treasurer shall keep and maintain, or cause to be kept and maintained,
adequate and correct accounts of the properties and business transactions of the
Association, including accounts of its assets, liabilities, receipts, disbursements,
gains and losses. The books of account shall at all reasonable times be open the
inspection by any executive board member. They will be audited once a month
during the months of January through June and twice monthly from July through
December by the auditor from the Executive Board. The Treasurer shall deposit all
money and other valuables in the National City Pop Warner Diablos account. The
credit of the Association with such depositaries as may be directed by the Executive
Board. The Treasurer shall disburse the funds of the Association as may be
ordered by the Executive Board, shall render to the President and Executive Board,
whenever they request it, an account of all transactions and of the Financial
condition of the Association, and shall perform such other duties as may be
prescribed by the President or Executive board. A financial report shall be given at
National City Diablos By -Laws Rev.11-30-06 3
each Executive Board and General Meeting, with a copy given to the President and
one maintained for the permanent record.
4.1.5 Player Agent (S) (Diana)
Shall conduct player registrations and determine all matters concerning player
eligibility. He/she shall preside at all meetings related to player distribution and
selection. He/she shall keep and maintain copies of all player contracts and official
Team Rosters, including any amendments thereto, in accordance with the
conference guidelines, and shall perform such other duties as directed by the
President or Executive Board. The Eligibility Director shall attend all registration
dates as agreed upon by the Executive Board and must be at the practice field
every day during the rostering period at least 1 hour before practice begins.
4.1.6 Little Scholars Director — Anna Flores
Shall be responsible for (1) Reporting to the League Scholastics Director. (2) be
responsible for : verifying scholastic fitness of each participant in the association.
(report cards from the school year in May or June) and making sure that any
participant with a 96% grade point average or above receives and All -American
Application, following up with those parents whose child received the application
and making certain tat all applications are completed in full, as well as the
addendum, and signed by the child and his/her parents. The Little Scholars Director
must also send the application to the League Scholastic Director, once the local
coordinator has identified the All -American candidates from their associations.
Association coordinators can served on the conference screening committee (to
screen conference candidates for regional and national consideration
4.1.7 EQUIPMENT MANAGER — Tom
The Equipment Manager shall be responsible for all playing equipment. He/she
maintain an inventory of all playing equipment and property and submit an annual
report of same at the January Meeting. He/she shall make recommendations to
and carry out the directions of the Executive Board in all matters relative to the
procurement, distribution, and repair of playing equipment. He/she shall also insure
that adequate storage space is maintained to include the storage of all other
association equipment during the off season and shall perform such other duties as
directed by the President or Executive Board.
4.1.8 PUBLICITY DIRECTOR/SPONSOR AGENT/FUNDRAISING COORDINATOR
-SAM
-The Publicity Director shall be responsible for the coordination of all Association
Publicity. He/She shall arrange for the taking of all photographs and the preparation
of press released which he/she shall furnish from time to time to the news media in
the Association area. He/she shall keep a complete roster of all association Board
Members, Teams, Coaches, and players/cheerleaders, including player numbers.
He/she shall be responsible for maintaining friendly relations with news reporters
and shall arrange interviews, feature stories, and such other news coverage as may
be beneficial to the Youth Football Program. He/She shall be responsible for the
yearbook and for reporting scores of all association games to the conference each
week. He/she shall perform such other duties as directed by the President or
Executive Board.
National City Diablos By -Laws Rev.11-30-06 4
-The Sponsor Agent shall be responsible for all matters relative to obtaining
Association and Team Sponsors and shall serve as Iiason between the Association
and sponsors.
He/She shall perform such other duties as Directed by the President or Executive
board.
4.1.9 SPECIAL EVENTS DIRECTOR — Anna Garcia
The Special Events Director shall be responsible for all special events that are
authorized by the Association Executive Board. These events may include, but not
limited to: Fund Raising Events, Championship/Playoff and bowl games. He/She
shall make recommendations for the purchase of items such as: Jackets, socks,
hats, mouthpieces, buttons, etc., for resale by the Association and at the direction of
the Executive Board, supervise the sales, maintain an accurate record of inventory,
receipts of purchase, and sales as directed by the Treasurer. He/She shall perform
such other duties as directed by the President or Executive board.
4.1.10 FIELD MAINTENANCE/SAFETY & INSURANCE REPRESENTATIVE -Eder
The Field Maintenance Representative will be responsible for the procuring and
maintaining in satisfactory condition suitable practice fields and a playing field for all
home games. As safety and Insurance Representative, will coordinate all matters
relative to safety and insurance, and shall be responsible for the purchase and
distribution of first aid equipment to each head coach on the first day of practice.
He/she shall perform such other duties as directed by the President or Executive
Board.
4.1.11 COACHES REPRESENTATIVE- Jose
The Coaches Representative shall be an Association Coach that shall be appointed
by the president and ratified by a majority vote of head football coaches. The
coaches.' representative shall serve as liaison between the coaches and the
Executive board. He/She may not vote during the review of coaches applications.
4.1.12 AUDITOR
The Auditor shall be responsible for conducting an audit of the books of account of
this Association once a month during the months of January through June and twice
a month during the Months of July through December and submitting a report at the
first scheduled meeting after the audit. He/she shall perform such other duties as
directed by the President or Executive Board.
4.1.13 CHEERLEADER REPRESENTATIVE- Denise
The Cheerleader Representative shall be responsible for attending all cheerleader
meetings at the conference and for all matters relative to cheerleaders and shall
serve as a Iiason between the team cheermothers and the Executive board. The
Cheerleader Representative shall also be allowed to organize fundraising activities
for cheerleading cost/expenses. He/She shall perform such other duties as directed
National City Diablos By -Laws Rev.11-30-06 5
by the President or Executive Board.
4.1.14 CONCEESSIONAIRE
The Concessionaire shall be responsible for all Association concession equipment
and stock and shall maintain an inventory and accurate records as directed by the
Treasurer. He/She shall be responsible for the moving of said items and for opening
and securing of the concession stand, for drawing sufficient funds from and the
return of funds to the treasurer for concession stand operation, and for making
recommendation to and carry out the directions of, the Executive Board in all
matters relative to the procurement, storage and sale of stock items. The
concessionaire shall arrive at the field at least 30 minutes before practice and 1 -
hour early before games to set up concession stand.
4.1.15 SCHEDULING DIRECTOR- Sam
The Scheduling Director shall be responsible for attending all meetings and all
matters relative to scheduling of games, and shall perform such other duties as
directed by the President or Executive Board.
ARTICLE V
REQUIREMENTS OF COACHES, ASSISTANTS AND TEAM ADMINISTRATORS
All annual application for coaches and assistants must be approved by a majority
vote of the Executive Board prior to submission to the conference for final approval.
Disapproved applications will also be submitted to the conference with reason for
disapproval.
5.1 Head Coaches shall attend, as much as possible, and support all scheduled
Association functions. They shall see that each player on his team who actively
participates in regularly scheduled practices and who is in accordance with the
National Youth Football Federation requirements shall participate in a minimum of
six plays in that week's game. They shall see that any player who does not
participate in more that six plays in that week's game (no plays if all scheduled
practices were missed that week). They shall insure that practices and games only
take place if legal contracts, official team roster, and at least two Red Cross card
holders are present.
5.1(a) Head Coaches are required to submit policy of team attendance standards
and consequences to be turned into the board for approval, prior to August 1.
5.2 Assistant Coaches shall attend, as much as possible, and support all
scheduled association functions. They shall assist the Head Coach in the
performance of his duties, and, shall act for the Head Coach in his/her absence.
5.3 Team Administrator/Equipment Managers shall enforce Article II item 7 of the
constitution and those items specified above in paragraph 5.1 concerning players,
contracts, rosters, and Red Cross cards for games or practices. They shall also be
responsible for issuance and collection of all team equipment, as well as the
National City Diablos By -Laws Rev.11-30-06 6
maintenance of that equipment in useable, but not modified, condition. They shall,
if having the first home game on any day, be responsible for the setting up of the
field (yard/end zone markers, downbox, chain, first aid box, stretcher, etc.), and if
having the final game on any day, be responsible for properly securing the field.
5.4 Including by not limited to Coaches Code of Conduct and Coaches
Requirements, All coaches and administrators will comply with National Rules and
Article IX (Prohibited Conduct) and Article X (Playing Rules) of the San Diego Pop
Warner Conference By -Laws.
5.5 All Team sponsored fund raising activities shall be approved by the Executive
Board.
ARTICLE VI
COMMITTEES AND DUTIES
6.0 Committees may be established by the Executive Board whenever deemed
necessary and appropriate to the efficient conduct of the Association.
6.1 The duties of all committees shall be defined by the Executive Board.
Each committee shall be composed of at least three but not more than five
members of the Association, at least one of which shall be an Executive Board
Member.
All committee members, except for the nominating committee, shall be appointed by
the President.
All committee appointments shall be ratified by the Executive Board.
ARTICLE VII
HEARINGS, COMPLAINTS/CHARGES
7.0 HEARING AUTHORITY
The President of this Association will be the association Hearing Officer. If a conflict
arises and the President is deemed A NParty of Interest., by a majority vote of the
other members of the Board of Directors, excluding the Coaches Representative, as
decided by a majority vote of the Executive Board, will act as the Association
Hearing Officer.
7.1 SUMMARY AUTHORITY
The use of summary authority in this association may be exercised only by the
President or higher HLA Authority. The President shall have the power to
temporarily suspend any coach, player or other person or persons pending a
hearing of the charges against them. Any such temporary suspension shall be
exercised by the President upon the verbal and written notice to the suspended
National City Diablos By -Laws Rev.11-30-06 7
party. Any such temporary suspension shall not exceed thirty days.
JURISDICTION
All complaints and/or charges shall be decided by the affirmative majority vote of a
Quorum of the Executive Board.
STATUS
The determination of status will be in accordance with the National Youth Football
Administrative Manual Hearings Section Paragraph 1.41.
PROCEDURE
All complaints/Charges must:
Be taken to the Head Coach of the team concerned and can be verbal. NOTE: The
person making the complaint/charge is not to approach the Head Coach during a
practice session or game in progress as not to interfere with those functions.
He/She is to be approached before those functions are started or after those
functions are completed to insure that no team players are in the vicinity to overhear
the conversation.
Be in written or typed form when submitted to the Association president or vice-
president if the person is not satisfied with the decision and/or action taken by the
Head Coach of the team concerned.
Be signed by the Head Coach of the Team concerned before submission to the
Association and then signed by the President or Vice President.
The complaining/charging party must serve the letter upon the Association
President or Vice President within seven (7) days of the incident causing the
complaint/charge.
State the date the incident occurred and in concise detail the grounds upon which
the complaint/charge is based.
State the names, addresses and telephone numbers of all witnesses upon which
the complaining/charging party expects to rely.
Be reported to the Association Executive Board by the President or Vice President
as soon as possible with actions already taken by the President or Vice President if
any.
DELIVERY
The Personal Service described above may be affected by personal delivery or by
delivery to the President or Vice President's Residence or place of business if any.
7.6 HEARING
If a complaint/charge complies with all of the requirements of this article the
Executive Board shall conduct an investigation/Hearing and render a decision
National City Diablos By -Laws Rev.11-30-06 8
thereon. If the requirements of this Article are not met, the Executive Board shall
not be obligated to conduct an investigation/hearing.
A special Meeting of the Executive Board shall be called to hear the charges; the
time and place of such meeting shall be fixed by the President.
The person or persons charged shall have the right to appear in person and by
counsel. Strict rules of evidence shall not apply, and the Executive Board may
receive any testimony and documentary evidence that it deems pertinent.
After a decision is rendered, the complaining/charging party and the Head Coach of
the team concerned must be notified within forty-eight (48) hours of the decision
reached by the Executive Board and action to be taken if any.
ARTICLE VIII
ASSOCIATION RECORDS AND REPORTS -INSPECTION
8.0 RECORDS
The Association shall maintain adequate and correct accounts, books and records f
its business and properties. All of such books, records and accounts shall be kept at
its principal place of business in the State of California, as fixed by the Executive
Board from time to time.
8.1 INSPECTION OF BOOKS AND RECORDS
All books and records provided for in Section 3003 of the Corporation Code of
California shall be open to the Executive Board from time to time in the manner
provided in said Section 3003.
8.2 CERTIFICATION AND INSPECTION OF BY-LAWS
The original or a copy of these By -Laws, as amended or otherwise altered to date,
certified by the Secretary, and shall be open to inspection by the Executive Board
as provided in Section 502 of the Corporation Code of California.
8.3 CHECKS, DRAFTS, ETC.
All checks, drafts or other orders for payment of money, notes or other evidence of
indebtedness, issued in the name of or payable to the Association shall be
determined from time to time by resolution of the Executive Board. The persons
authorized to sign such checks, drafts or other orders for payment of money, notes
or other evidence of indebtedness shall at no time be less than two and shall always
include either the President or the Treasurer. Any spending of over $500.00 shall be
put up to vote by the executive board, with the exception of equipment ordering and
team funds.
8.4 CONTRACTS, ETC., HOW EXECUTED
The Executive board, except as in the By -Laws otherwise provided, may authorize
any officer or officers, agent or agents, to enter into any contract or execute any
instrument in the name of and on the behalf of the Association. Such authority may
be general or confined to specific instances. Unless so authorized by the Executive
National City Diablos By -Laws Rev.11-30-06 9
Board, no officer, agent or employee shall have any power or authority to bind the
Association by any contract or engagement, or to pledge its credit, or to render it
liable for any purpose or to any amount.
ARTICLE IX
ORDER OF BUSINESS
THE FOLLOWING SHALL BE THE ORDER OF BUSINESS OF ALL
ASSOCIATION AND EXECUTIVE BOARD MEETINGS, UNLESS WAIVED BYA
MAJORITY VOTE OF MEMBERS PRESENT:
9.1 MEETINGS
Call to Order
Presentation of Minutes
Presentation of Treasurer's Report
Reading of Correspondence
Reports of Committees
Reports of Board Members
Unfinished Business
New Business
Adjournment
ARTICLE X
PARLIAMENTARY PROCEDURE
Roberts Rules of Order, Revised shall be the authority on Parliamentary Procedure
for the Association.
ARTICLE XI
RESOLUTIONS
Resolutions are of a temporary or .Passing. Character. To keep the By -Laws as free
of .Clutter. as possible a list of resolutions, as amended or otherwise altered to
date, passed by the Executive board and meriting permanent retention will be
maintained by the Secretary. These will include:
If a matter is temporary or transient in character.
If matter is unlikely to arise again.
If matter is of small importance.
If notice of a single matter has to be given
(Such as filing of a report).
If amendment to charter of By -Laws is to be made
(This is more notice to the general membership than merely appearing in minutes).
If a permanent record of a matter is to be made.
National City Diablos By -Laws Rev.11-30-06 10
If a procedural change is to be made in a management practice which will be
temporary in character
(Otherwise, would be handled as an amendment to an existing by-law).
ARTICLE XII
IMPLEMENTATION
The Constitution and By -Laws shall be effective upon adoption by majority vote of
persons attending the next publicly announced general meeting of the Imperial
Beach Youth Football Football Association.
12.1 This Constitution and By -Laws shall be reviewed annually by a Constitution
and By -Laws Committee. This committee shall be appointed as outlined in Article
VI of these By -Laws and shall make all recommendations for revision they shall
deem necessary. The committee shall remain accessible to and accept all
suggestions from the general membership of the Association.
ARTICLE XIII
ELIGIBILITY/HOME TERRITORY/WAIVERS
The following is an elaboration to the existing Pop Warner By -Laws 5.4 and 5.5
relating to waivers.
13.1 Definition of the Property Players/Cheerleaders will be expanded to
include younger sibling of property players/cheerleaders who have had no
prior Youth Football participation outside the NATIONAL CITY DIABLOS
Association.
National City Diablos By -Laws Rev.11-30-06 11
CERTIFICATE OF LIABILITY INSURANCE
07/20/ 00°`7
PRODUCER
Marsh USA, Inc.
Two Logan square
Philadelphia, ,PA 19103
Email: Gwen.Steele@marsh.com
1-215-246-1074
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
San Diego Pop Warner
National City Diablos Pop Warner
PO Box 1077
National City, CA 91951-1077
INSURER A Lexington Insurance Company
INSURER B: National Union Fire Insurance Company
INSURER C.
INSURER D:
INSURER E-Landmark Insurance Company
COVERAGES
THE POI ICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED TO THE INSURED NAMED ABOVE OR THE POLICY PERIOD INDICAI CD. NOTWITHSTANONG
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TfiPS CERTIFICATE MAY RE ISSUED OR
MAY PERTAIN TIIE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCL USIONS AND CONDITIONS OF SUCH
POUCIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
NSR
LTR
TYPE OF INSURANCE
POUCY NUMBER
POLICY EFFECTIVE
DATE (MWOD/YY)
POLICY EXPIRATION
DATE (MWDO/YY)
LIMITS
A
GENERAL
X
LIABILITY
COMMERCIAL GENFRAL LIABILITY
6992718
-
Delaware 8 6992719
07/25/07
07/25/07
07/25/08
07/25/08
CACIIOCCURANCE
$1,000,000
FIRE DAMAGE (Any one fire)
S50,000
MED EXP (Any one Person)
5
CLAIMS MADE X�OCCUR
PERSONAL 5ADV INJURY
$
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$5,000,000
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COMBINED SINGLE UMIT
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BODILY INJURY
(Per person)
S
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(Pm accident)
5
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(Per accident)
5
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ANY AUTO
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07/25/07
07/25/08
$
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S
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Pop Warner Tackle and Flag Football Activities including Cheerleading and Dance Programs.
Additional Insured Status is provided as per Form 72984 (4/99) and CG2026(11/85) attached to
the policy. This insurance is primary per the terms of policy form CG0001 (10/01)
CERTIFICATE HOLDER Ix IADDMONAL INSURED: INSURER LETTER :A CANCELLATION
Sweetwater Union High School District
1130 Fifth Avenue
Chula Vista, CA 91911-2896
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCALLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
REPRESENTATIVES
AUTHORIZED REPRESENTATIVE A
CERT 0 1117-20071537
CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDDIYYYY)
07/20/2007
PRODUCER
Marsh USA, Inc.
Two Logan Square
Philadelphia, ,PA 19103
Email: Gwen.Steals@marsh.com
1-215-246-1074
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
San Diego Pop Warner
National City Diablos Pop Warner
PO Box 1077
National City, CA 91951-1077
INSURER A Lexington Insurance Company
INSURER B: National Union Fire Insurance Company
INSURER
INSURER D:
INSURER E Landmark Insurance Company
OVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED TO THE INSURED NAMED ABOVE OR THE POLICY PERIOD INDICATED. NO1 WI I HS IANUNG
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TF..RMS, EXCLUSIONS AND CONDITIONS OF SUCH
POUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR
LIR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIDWYY)
POLICY EXPIRATION
DATE (MWDD/YR
LMITS
A
GENERAL
X
LIABILITY
COMMERCIAL GENERAL LIABILITY
6992718
Delaware # 6992719
07/25/07
07/25/07
07/25/08
07/25/08
EACHOCCURANCE
51,000,000
FIRE DAMAGE (Any one fire)
350 , 000
CLAIMS MADE X❑3CCUR
MED EXP (Any orw person)
$
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(Ea acadenl
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(Per person)
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(Per acadent)
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$
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Excess Accident Medical
SBG9108336
07/25/07
07/25/08
$
5100,000
$
DESCRIPTION OF OPERATIONSILOCAT)ONS/VEHICLESRXCLUSIONS ADDED BY ENDORSEMENTISPECULL PROVISIONS
Pop Warner Tackle and Flag Football Activities including Cheerleading and Dance Programs.
Additional Insured Status is provided as per Form 72984 (4/99) and CG2026(11/85) attached to
the policy. This insurance is primary per the terms of policy form CG0001 (10/01)
CERTIFICATE HOLDER Ix'ADOIRONALINSURED: INSURER LETTER :A CANCELLATION
National School Di strict
1500 N Avenue
National City, CA 91950
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCALLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES
AUTHORIZED REPRESENTATIVE
CERT Y 1117-20071538
CERTIFICATE OF LIABILITY INSURANCE
DATE(""I 00 Y"
PRODUCER
Marsh USA, Inc.
Two Logan square
Philadelphia„PA PA 19103
Email: Gwen. Steele@marsh.Com
1-215-246-1074
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
San Diego Pop Warner
National City Diablos Pop Warner
PO Box 1077
National City, CA 91951-1077
INSURER A Lexington Insurance Company
INSURER 8: National Union Fire Insurance Company
INSURER C:
INSURER D
INSURER E-Landmark Insurance Company
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED TO THE INSURED NAMED ABOVE OR TIIE POLICY PERIOD INDICATED. NOTWITHSTANONG
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (SIMONY)
POLICY EXPIRATION
DATE (MOONY)
LIMITS
A
GENERAL
X
LIABILITY
COMMERCIAL GENERAL LIABILITY
6992718
Delaware # 6992719
07/25/07
07/25/07
07/25/08
07/25/08
LACHOCCURANCE
51,000,000
FIRE DAMAGE (Any one fire)
S50,000
MED EXP (Any one person)
$
CLAIMS MADE X}DCCUR
PERSONAL SADV INJURY
$
GENERAL AGGREGATE
::;5,000,000
PRODUCTS -COMP/OP AGG
GEN
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LOC
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1Mi1/1Mi1
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—
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ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMIT
(Ea acoden!)
$
BODILY INJURY
(Per Person)
5
BODILY INJURY
(Per accident)
5
PROPERTY DAMAGE
(Per acodent)
$
GARAGE
R
LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
AUTO ONLY- AGG
$
EXCESS
7
LIABILITY
OCCUR ❑CLAIMS MADE
DEDUCTIBLE
RETENTION 5
EACH OCCURANCE
$
AGGREGATE
5
$
WORKER'S COMPENSATION AND
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5
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5
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$
A
S
OTHER
Excess Accident Medical
SRG9108336
07/25/07
07/25/08
$
$100,000
S
DESCRIPTION OF OPERATIONS/LOCAflONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Pop Warner Tackle and Flag Football Activities including Cheerleading and Dance Programa.
Additional Insured Status is provided as per Form 72984 (4/99) and CG2026(11/85) attached to
the policy. This insurance is primary per the terms of policy form CG0001 (10/01)
CERTIFICATE HOLDER Ix !ADDITIONAL INSURED: INSURER LETTER :A CANCELLATION
National City Parks & Recreation Department
140 E. 12th Street Suite A
National City, CA 91950
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCALLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING WSURER WILL ENDEVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES
AUTHOR® REPRESENTATIVE
N.
CERT 0 1117-20071539
CERTIFICATE OF LIABILITY INSURANCE
o TEIMMA00°7 Y)
PRODUCER
Marsh USA, Inc.
Two Logan Square
Philadelphia, ,PA 19103
Email: Gwen. Steele@marsh.com
1-215-246-1074
THIS CERTIFICATE I5 ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
San Diego Pop Warner
National City Diablos Pop Warner
PO Box 1077
National City, CA 91951-1077
INSURER A Lexington Insurance Company
INSURER ElNational Union Fire Insurance Company
INSURERC.
INSURER D:
INSURER ELandmark Insurance Company
RAGES
rHE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED TO THE INSURED NAMED ABOVE OR THE POLICY PERIOD INDICATED. NOTWITI ISTANDNG
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. TIIL INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALI. THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
NSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIDDITY)
POLICY EXPIRATION
DATE (MM/DDITY)
UMITS
A
GENERAL
X
UABIUTY
COMMERCIAL GENERAL
6992718
Delaware N 6992719
07/25/07
07/25/07
07/25/08
07/25/08
FACHOCCURANCE
$1,000,000
FIRE DAMAGE (Any one fire)
S50,000
�LI�ABIUIY
CLAIMS MADEI X }DCcUR
1
MED EXP (Any one person)
S
PERSONAL S ADV INJURY
S
GENERAL AGGREGATE
$ 5,000 , 000
GEN
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^PLIES PER
IJECT J I LOC
PRODUCTS -COMP/OP AGG
Sexual Abuse
1Mi1/1Mi1
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—
—
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMIT
wq
(Ea atltm
5
BODILY INJURY
(Per Person)
S
BODILY INJURY
(Per acOAent)
S
PROPERTY DAMAGE
(Per accident)
S
GARAGE
-
UABIUTY
ANY AUTO
AUTO ONLY - EA ACCIDENT
S
OTHER THAN FA ACC
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S
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WCSTATU-
LIMITS
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S
L.L EACH ACCIDENT
S
EL DISEASE -EA EMPLOYEE
5
E L DISEASE -POLICY LIMIT
S
A
B
OTHER
Excess Accident Medical
SRG9108336
07/25/07
07/25/08
S
$100,000
S
DESCRIPTION OF OPERAT10NS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Pop Warner Tackle and Flag Football Activities including Cheerleading and Dance Programs.
Additional Insured Status is provided as per Form 72984 (4/99) and CO2026(11/85) attached to
the policy. This insurance is primary per the terms of policy form C00001 (10/01)
CERTIFICATE HOLDER Ix ADDITIONAL INSURED: INSURER LETTER :A CANCELLATION
PetCo Park -San Diego Padres
100 Park Boulevard
San Diego, CA 92101
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCALLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEVOR TO MAIL SO DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, IT'S AGENTS OR
REPRESENTATIVES
AUTHORIZED REPRESENTATIVE l.S
Ls)
EXIBIT D
TECHNICAL ASSISTANCE MATERIALS
The Subrecipient attended the Community Development Block Grant (CDBG)
Technical Assistance Non -Profit Workshop held on June 28, 2007, and received the
following items:
1. Playing by the Rules, A Handbook for CDBG Subrecipients on Administrative
Systems (if not previously provided)
2. CFR Title 24- Housing and Urban Development, CDBG Regulations (if not
previously provided)
3. OMB A-122
4. Quarterly/Annual Performance Reporting Form (updated format)
5. Compliance and Performing Monitoring Tool
6. Expenditure Reimbursement Claim Form (updated format)
7. Qualifying Beneficiary Intake Data Form (updated format)
The workshop and reference documents will assist the Subrecipient with new U.S
Department of Housing and Urban Development and City of National City reporting
requirements.
EXHIBIT E
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
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 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.
g•
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.
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 be imposed and remedies invoked as provided by law.
RESOLUTION 2007 — 89
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING THE 2007-08 ANNUAL ACTION PLAN
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS
WHEREAS, as an entitlement community, the City of National City administers
the Community Development Block Grant (CDBG) and the Home Investment Partnership Act
(HOME) Programs for the Federal Government under the United States Department of Housing
and Urban Development (HUD); and
WHEREAS, HUD requires that all CDBG & HOME Program entitlement
communities, such as the City of National City, hold a Public Hearing to solicit input on the
Annual Action Plan; and
WHEREAS, the City Council of the City of National City conducted a duly
advertised public hearing on March 6 and March 27, and
WHEREAS, the Annual Action Plan addresses the housing and community
development needs assessed in the 5-Year Consolidated Plan and adopted by the City Council
in May of 2005. The Annual Action Plan includes a listing of all proposed projects/programs for
Fiscal Year 2007-08 (July 1, 2007 — June 30, 2008) utilizing Community Development Block
Grant (CDBG), Home Investment Partnership Act (HOME) funds and Section 108 Loan
Program; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
National City that the Annual Action Plan (2007-08) for the CDBG and HOME funds are
approved as shown on the attached Exhibit "A", and the Mayor is hereby authorized, on behalf
of the City Council, to submit the 2007-08 Annual Plan dated May 1, 2007, for the expenditure
of said funds to the U.S. Department of Housing and Urban Development (HUD).
PASSED and ADOPTED this 1st day of May, 20
fiLif
on Morrison, Mayor
ATTEST:
` IA
Mich I Dalla, CityIerk
APPROVED AS TO FORM:
George H. iser, 1I1
City Attorney
Jurisdiction's Name:
Name of Organization:
Contact Person:
Telephone:
Site Address:
Table 3C
Consolidated Plan Listing of Projects
City of National City
National City Diablos
Samuel. Gonzalez- Fund -Raising Chairman
(61.9) 342-1645
P.O.Box 1077, National City, CA, 91951
Priority Need:
National City Pop Warner
FY 2007-2008 CDBG FUNDING
Support general start-up expenses for
Football & Cheer Program program equipment and marketing.
OWE
There is a need in National City to provide on -going programs that are youth centered and focused on
development of children's physical, social and emotional growth over time. .The National City Pop
Warner Football Program will provide activities that promote understanding and appreciation of the
importance of education, teamwork, leadership and discipline in developing the talent of community
youth. At every age level, boys and girls will be provided with the best fundamental training in football,
dance and cheerleading in an atmosphere.that builds confidence, character and models the essentials of
sportsmanship. Form the outset, children will learn that athletics and academics with mentors who
honor family values and promote respect for each individual. They will develop pride and respect in
themselves and the City of National City as they become ambassadors of image and culture in every
game they play.
250 Individuals
$10,000
Objective Number
Project ID
2007-9
Funding Sources
HUD Matrix Code
05-Public Services
CDBG Citation
570.201(e)
CDBG
$10,000
ESG
$0
Type of Recipient
Non-profit
CDBG National Objective
Low Moderate Area
HOME
$0
HOPWA
$0
Start Date
7/1/2007
Completion Date
6/30/2008
Total Formula
$0
Prior Year Funds
$0
Performance Indicator .
Individuals .
Annual Units
250
Assisted Housing
$0
PHA
$0
Local ID
Tab # 18
Units Upon Completion
250
Other Funding
$0
Total
$10,000 i
The primary purpose the project is to help:
Homeless: No
Persons with HIV/AIDS: No
Persons with Disabilities: No
I'ublic Housing Needs: No
Objective category: ® Suitable Living Environment ❑ Decent Housing
Outcome category: ® Availability/Accessibiliry
❑ Economic Opportunity 13
111 Affordability ❑ Sustainability
Passed and adopted by the Council of the City of National City, California, on May 1,
2007 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City Jerk of the City`�bf National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-89 of the City of National City, California, passed and adopted
by the Council of said City on May 1, 2007.
City Clerk of the City of National City, California
By:
Deputy
City of National City
COUNCIL AGENDA STATEMENT
MEETING DATE: May 1, 2007 AGENDA ITEM NO.
20
✓'IOC, - 4 -'a
�aao‘-t • •?.., -t
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL, OF TIIE CITY OF NATIONAL CITY
APPROVING TIIE FISCAL YEAR 2007-08 ANNUAL ACTION PLAN FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT
(IIOME) PROGRAMS
PREPARED BY: RUDY LOPEZ
DEPARTMENT COMMUNITY SERVICES
EXPLANATION:
Upon the conclusion of the duly advertised final Public 1 fearing. the City Council will consider the adoption of the attached
Resolution approving the Fiscal Year (FY) 2007-08 Annual Action Plan.
The Annual Action Plan addresses the housing and community development needs assessed in the City's 5-Year Consoli-
dated Plan for FY's 2005-06 through 2009-10, adopted by the City Council in May of 2005. The Annual Action Plan in-
cludes a listing of all proposed projectsfpropams to be undertaken in FY 2007-08 (July 1, 2007 — June 30, 2008) utilizing
Community Development Block Grant (CDBG) and I lomelnvestment Partnership Act (HOME) funds.
The attached Executive Summary of the FY 2007-08 Annual Action Plan is noted as a draft to allow all public comments/
input received during the 30-Day Public Review Period set from March 29, 2007 to May I, 2007, to be incorporated into the
final version to be submitted to HUD by May 15.2007.
Environmental Review
Not applicable to this report.
Financial Statement
The City will receive CDBG and IIOME program funds from Hlil) in FY 2007-08. The City Council's adopted alloca-
tions will then be incorporated into the City and CDC 2007-08 Fiscal Year Budgets.
STAFF RECOMMENDATION
Adopt attached Resolution.
BOARD/COMMISSION RECOMMENDATION
Not applicable to this report.
ATTACHMENTS (Listed Below)
1. DRAFT Executive Summary of the FY 2007-08 Annual Action Plan
2. Resolution
Resolution No.
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
October 16, 2007
Mr. Samuel Gonzalez
Fund Raising Chairman
National City Diablos
P.O. Box 1077
National City, CA 91950
Dear Mr. Gonzalez,
On September 20th, 2007 an Agreement was entered between the City of
National City and National City Diablos.
We are enclosing for your records a fully executed original agreement.
Sincerely,
ichael R. Dall`a, CMC
City Clerk
Enclosure
cc: Grants Department
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