HomeMy WebLinkAbout2007 CON Boys & Girls Club - CDBG 07-08SUBRECIPIENT AGREEMENT
By and Between the
City of National City
and
Boys and Girls Club of National City
for The After School Transportation Program
THIS AGREEMENT, entered this 1 day of July, 2007 by and between the City of National City
(herein called the "Grantee") and Boys and Girls Club of National City (herein called the
"Subrecipient").
WHEREAS, the Grantee has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law
93-383; and
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such
funds;
NOW, THEREFORE, it is agreed between the parties hereto that;
I. SCOPE OF SERVICE
A. Activities: The Subrecipient will be responsible for administering the program titled, The
After School Transportation 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 Obiectives: All activities funded with CDGB funds must meet one of the CDBG
program's National Objectives: benefit low- and moderate -income persons; aid in the
prevention or elimination of slums or blight; or meet community development needs having a
particular urgency, as defined in 24 CFR 570.208
The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet the
National Obiective of serving Low Income Persons
C. Levels of Accomolishment — 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 1st 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.
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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.
IV. pAYMENT: It is expressly agreed and understood that the total amount to be paid by the
Grantee under this Agreement shall not exceed fifteen Thousand Two Hundred Ninety -Six
Dollars and Fifty Cents ($15.296.50). Drawdowns for the payment of eligible expenses
shall be made against the line item budgets specified in Paragraph III herein and in
accordance with performance. Expenses for general administration shall also be paid against
the line item budgets specified in Paragraph III and in accordance with performance.
Payments may be contingent upon certification of the Subrecipient's financial management
system in accordance with the standards specified in 24 CFR 84.21.
V. NOTICES: Notices required by this Agreement shall be in writing and delivered via mail
(postage prepaid), commercial courier, or personal delivery or sent by facsimile or other
electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of
delivery or sending. All notices and other written communications under this Agreement shall
be addressed to the individuals in the capacities indicated below, unless otherwise modified by
subsequent written notice.
Communication and details concerning this contract shall be directed to the following contract
representatives:
Contact Person:
Janet Flores
Contact Person:
Donald Epps
Director of Develpoment
Organization:
City of National City
Organization:
Boys and Girls Club of National City
Address:
1243 National City Boulevard
National City, CA 91950-4301
Address:
1430 D Avenue
National City, CA 91950
Telephone:
(619) 336-4563
Telephone:
(619) 477-5445
Email:
]Flores@ci.national-city.ca.us
Email:
depps@bgcnc.org
VI. GENERAL CONDITIONS
A. General Compliance: The Subrecipient agrees to comply with the requirements of Title 24 of
the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development
regulations concerning Community Development Block Grants (CDBG)) including subpart K of
these regulations, except that (1) the Subrecipient does not assume the recipient's
environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not
assume the recipient's responsibility for initiating the review process under the provisions of
24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal,
state and local laws, regulations, and policies governing the funds provided under this
contract. The Subrecipient further agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available.
B. "Independent Contractor": Nothing contained in this Agreement is intended to, or shall be
construed in any manner, as creating or establishing the relationship of employer/employee
between the parties. The Subrecipient shall at all times remain an "independent contractor"
with respect to the services to be performed under this Agreement. The Grantee shall be
exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or
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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.
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 indude a reference to the support provided herein in all publications made possible with
funds made available under this Agreement.
G. Amendments The Grantee or Subrecipient may amend this Agreement at any time provided that
such amendments make specific reference to this Agreement, and are executed in writing,
signed by a duly authorized representative of each organization, and approved by the Grantee's
governing body. Such amendments shall not invalidate this Agreement, nor relieve or release
the Grantee or Subrecipient from its obligations under this Agreement.
The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local
governmental guidelines, policies and available funding amounts, or for other reasons. If such
amendments result in a change in the funding, the scope of services, or schedule of the
activities to be undertaken as part of this Agreement, such modifications will be incorporated
only by written amendment signed by both Grantee and Subrecipient.
H. Suspension or Termination: In accordance with 24 CFR 85.43, the Grantee may suspend or
terminate this Agreement if the Subrecipient materially fails to comply with any terms of this
Agreement, which include (but are not limited to) the following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such
statutes, regulations, executive orders, and HUD guidelines, policies or directives as may
become applicable at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its
obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the Grantee reports that are Incorrect or incomplete in
any material respect.
The Grantee shall have the right, in accordance with 24 C.F.R. 85.43, to terminate this Agreement
immediately or withhold payment of invoice for failure of the SUB -RECIPIENT to comply with
the terms and conditions of this Agreement. Should the Grantee decide to terminate this
Agreement, after a full evaluation of all circumstances has been completed, the 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
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SUB -RECIPIENT has violated the terms and conditions of this Agreement, the SUB -RECIPIENT
may be required to :
I. Repay all monies received from the Grantee under this
Agreement; and/or
2. Transfer possession of all materials and equipment purchased
with grant money to the Grantee.
In the case of early termination, a final payment may be made to the SUB -RECIPIENT upon
receipt of a Final Report and invoices covering eligible costs incurred prior to termination. The
total of all payments, induding 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
2. Accounting Standards: The Subrecipient agrees to comply with 24 CFR 84.21-28 and
agrees to adhere to the accounting principles and procedures required therein, utilize
adequate internal controls, and maintain necessary source documentation for all costs
incurred.
3. Cost Principles: The Subrecipient shall administer its program in conformance with
OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost
Principles for Educational Institutions," as applicable. These principles shall be applied
for all costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record Keeping
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
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there is litigation, claims, audits, negotiations or other actions that involve any of the
records cited and that have started before the expiration of the four-year period, then
such records must be retained until completion of the actions and resolution of all
issues, or the expiration of the four-year period, whichever occurs later.
3. Client Data: The Subrecipient shall maintain client data demonstrating client eligibility
for services provided. Such data shall include, but not be limited to, client name,
address, income level or other basis for determining eligibility, and description of
service provided. Such information shall be made available to Grantee monitors or
their designees for review upon request.
4. Disclosure: The Subrecipient understands that client information collected under this
contract Is private and the use or disclosure of such information, when not directly
connected with the administration of the Grantee's or Subrecipient's responsibilities
with respect to services provided under this contract, is prohibited by the State and for
Federal law unless written consent is obtained from such person receiving service and,
in the case of a minor, that of a responsible parent/guardian.
5. Close-outs: The Subrecipient's obligation to the Grantee shall not end until all close-
out requirements are completed. Activities during this close-out period shall 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, induding 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, a Certificate of Good Standing, and any additional documents, as
required in Exhibit "D" and "E", attached and incorporated herein.
C. Reporting and Payment Procedures
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
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administrative costs and shall submit such plan to the Grantee for approval, in a form
specified by the Grantee.
3. Payment Procedure.: 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.
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 Subreciplent'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].
4. 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
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value of the equipment less the percentage of non-CDBG funds used to acquire the
equipment].
VIII. ]RELOCATION. REAL PROPERTY ACOUISITION AND ONE -FOR -ONE HOUSING
REPLACEMENT: The Subrecipient agrees to comply with (a) the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and
implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of
24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan
under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d)
governing optional relocation policies. [The Grantee may preempt the optional policies.] The
Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR
570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or
conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with
applicable Grantee ordinances, resolutions and policies concerning the displacement of persons
from their residences.
IX. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance: The Subrecipient agrees to comply with local and state civil rights
ordinances here and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII
of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I
of the Housing and Community Development Act of 1974 as amended, Section 504 of
the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age
Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086.
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.
5. 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
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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 fumish all information and reports required
hereunder and will permit access to its books, records and accounts by the Grantee,
HUD or its agent, or other authorized Federal officials for purposes of investigation to
ascertain compliance with the rules, regulations and provisions stated herein.
4. Notifications: The Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the agency contracting officer, advising the
labor union or worker's representative of the Subrecipient's commitments hereunder,
and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
5. j"dual Emplovment Opportunity and Affirrnative 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.
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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 goveming the payment of wages and ratio of apprentices
and trainees to journey workers; provided that, if wage rates higher than those
required under the regulations are imposed by state or local law, nothing hereunder is
intended to relieve the Subrecipient of its obligation, if any, to require payment of the
higher wage. The Subrecipient shall cause or require to be inserted in full, in all such
contracts subject to such regulations, provisions meeting the requirements of this
paragraph.
3. "Section 3" Clause
a. Compliance: Compliance with the provisions of Section 3 of the HUD Act of
1968, as amended, and as implemented by the regulations set forth in 24 CFR
135, and all applicable rules and orders issued hereunder prior to the
execution of this contract, shall be a condition of the Federal financial
assistance provided under this contract and binding upon the Grantee, the
Subrecipient and any of the Subrecipient's subrecipients and subcontractors.
Failure to fulfill these requirements shall subject the Grantee, the Subrecipient
and any of the Subrecipient's subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through
which Federal assistance is provided. The Subrecipient certifies and agrees
that no contractual or other disability exists that would prevent compliance
with these requirements.
The Subrecipient further agrees to comply with these "Section 3" requirements
and to include the following language in all subcontracts executed under this
Agreement:
"The work to be performed under this Agreement is a project assisted
under a program providing direct Federal financial assistance from
HUD and is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended (12 U.S.C. 1701).
Section 3 requires that to the 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-
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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 Tabor organization or
representative of workers with which it has a collective bargaining agreement
or other contract or understanding, if any, a notice advising said labor
organization or worker's representative of its commitments under this Section
3 clause and shall post copies of the notice in conspicuous places available to
employees and applicants for employment or training.
c. Subcontracts: The Subrecipient will include this Section 3 clause in every
subcontract and will take appropriate action pursuant to the subcontract upon
a finding that the subcontractor is in violation of regulations issued by the
grantor agency. The Subrecipient will not subcontract with any entity where it
has notice or knowledge that the latter has been found in violation of
regulations under 24 CFR Part 135 and will not let any subcontract unless the
entity has first provided it with a preliminary statement of ability to comply
with the requirements of these regulations.
D. Conduct
1.
Assignability: The Subrecipient shall not assign or transfer any interest in this
Agreement without the prior written consent of the Grantee thereto; provided,
however, that claims for money due or to become due to the Subrecipient from the
Grantee under this contract may be assigned to a bank, trust company, or other
financial institution without such approval. Notice of any such assignment or transfer
shall be furnished promptly to the Grantee.
2. Subcontracts:
a. Approvals: The Subrecipient shall not enter into any subcontracts with any
agency or individual in the performance of this contract without the written
consent of the Grantee prior to the execution of such agreement.
b. Monitoring: The Subrecipient will monitor all subcontracted services on a
regular basis to assure contract compliance. Results of monitoring efforts shall
be summarized in written reports and supported with documented evidence of
follow-up actions taken to correct areas of noncompliance.
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.
Subrecipient Agreement
Page i0 of 13
4. Conflict of Interest: The Subrecipient agrees to abide by the provisions of 24 CFR
84.42 and 570.611, which include (but are not limited to) the following:
a. The Subrecipient shall maintain a written code or standards of conduct that
shall govern the performance of its officers, employees or agents engaged in
the award and administration of contracts supported by Federal funds.
b. No employee, officer or agent of the Subrecipient shall participate in the
selection, or in the award, or administration of, a contract supported by
Federal funds if a conflict of interest, real or apparent, would be involved.
c. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a
position to participate in a decision -making process or gain inside information
with regard to such activities, may obtain a financial interest in any contract,
or have a financial interest in any contract, subcontract, or agreement with
respect to the CDBG-assisted activity, or with respect to the proceeds from the
CDBG-assisted activity, either for themselves or those with whom they have
business or immediate family ties, during their tenure or for a period of one
(1) year thereafter. For purposes of this paragraph, a "covered person"
includes any person who is an employee, agent, consultant, officer, or elected
or appointed official of the Grantee, the Subrecipient, or any designated public
agency.
5. Lobbying: The Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf
of it, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement;
b. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions; and
c. It will require that the language of paragraph (d) of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all Subrecipients shall certify and disclose accordingly:
d. Lobbying Certification: This certification is a material representation of fact
upon which reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by section 1352, title 31, U.S.C. Any person who
fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
Subrecipient Agreement
Page 11 of 13
6. Copyright: If this contract results in any copyrightable material or inventions, the
Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive and
irrevocable license to reproduce, publish or otherwise use and to authorize others to
use, the work or materials for governmental purposes.
7. Religious Activities: The Subrecipient agrees that funds provided under this
Agreement will not be utilized for inherently religious activities prohibited by 24 CFR
570.200(j), such as worship, religious instruction, or proselytization.
X. ENVIRONMENTAL CONDITIONS
A. Air and Water: The Subrecipient agrees to comply with the following requirements Insofar as
they apply to the performance of this Agreement:
• Clean Air Act, 42 U.S.C. , 7401, et seq.;
• Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended,
1318 relating to inspection, monitoring, entry, reports, and information, as well as other
requirements specified in said Section 114 and Section 308, and all regulations and
guidelines issued thereunder;
• Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as
amended.
B. Flood Disaster Protection: In accordance with the requirements of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities
located in an area identified by the Federal Emergency Management Agency (FEMA) as having
special flood hazards, flood insurance under the National Flood Insurance Program is obtained
and maintained as a condition of financial assistance for acquisition or construction purposes
(including rehabilitation).
C. Lead -Based Paint: The Subrecipient agrees that any construction or rehabilitation of
residential structures with assistance provided under this Agreement shall be subject to HUD
Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such
regulations pertain to all CDBG-assisted housing and require that all owners, prospective
owners, and tenants of properties constructed prior to 1978 be properly notified that such
properties may include lead -based paint. Such notification shall point out the hazards of lead -
based paint and explain the symptoms, treatment and precautions that should be taken when
dealing with lead -based paint poisoning and the advisability and availability of blood lead level
screening for children under seven. The notice should also point out that if lead -based paint is
found on the property, abatement measures may be undertaken. The regulations further
require that, depending on the amount of Federal funds applied to a property, paint testing,
risk assessment, treatment and/or abatement may be conducted.
D. Historic Preservation: The Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic
Preservation Procedures for Protection of Historic Properties, insofar as they apply to the
performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, state, or local historic property list.
XI. SEVERABILITY: If any provision of this Agreement is held invalid, the remainder of the
Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
XII. SECTION HEADINGS AND SUBHEADINGS: The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
Subrecipient Agreement
Page 12 of 19
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 AGREEMENTz 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 & Bylaws
Exhibit D-Technical Assistance Materials
Exhibit E-Affirmative Action Policy
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.
Ci ational City
n Morrison
Mayor, City of National City
APPROVED AS TO FORM
at
George E
City Attorney
ATTESTaezil
i
City lerk
Boys and Girls Club of National City
Allie Pruitt
President of the Board of Directors
Subrecipient Agreement
Page 13 of 13
EXHIBIT A
SCOPE OF SERVICES
1. The After -school Transportation Program consists of the following activities:
Activity Description
The After -School Transportation Program is a collaboration between the Boys and
Girls Club of National City and the National School District. There are 10
elementary schools in National City and we provide transportation for our members
at each school. There is a School Bus that is designated with a Boys & Girls Club of
National City sign that will drop children off at the Club in the afternoon.
2. The following lists the staff and time commitments to be allocated to activity listed above.
Staff Member.Name.:and Tine Hours Allocated :
3. Billing Method: Monthly Quarterly
4. List the type of supporting documentation to be provided:
5. List the major/key activity milestones:
Major Activity
Milestones
Month
1
2
3
4
5
6
7 8
9
10
11
12
Program Implementation
Provide Program Services
Sub Contract with National School District
X
X
X
X
EXHIBIT B
BUDGET
Agency Name: Boys and Girls Clubs of Na
Activity Name
Description
CDBG
BUDGET
OTHER
RESOURCES
TOTAL
BUDGET
1) Personnel (Direct laborJ_
Subcontract with National School District
_
$15,296.50
$15,296.50
TOTAL
I
$
15,297 1
$
-
$
15,297
EXHIBIT C
BOARD OF DIRECTORS & BYLAWS
Boys & Girls Clubs of National City
Board of Directors
(No term limitations)
January 1 through December 31, 2007
POSITION AND NAME
President
Allie Pruitt
1st Vice President
Frank Parra
2°d Vice President
Roderick Juniel
Secretary/Treasurer
David Montanez
Past President
Jess E. Van Deventer
Wesley Braddock
Ronald J. Detzer Esq.
Rod Donohoo
Dr. Adolfo Gonzales
Lucinda Harton
Janice Martinelli
Albert Mendivil
Ralph Mora
Kile Morgan Jr.
Tim Patten
Jim Poe
Vince Reynolds
Dixon Smith
Steve South
Victoria Waters
AFFILIATIONS
Construction Consultant
City of National City /Councilman
City of National City/ Fire Chief
Deloitte Tax LLP/Director
J & S Investments/Owner
Principal Sweetwater IIigh School
Attorney /Senior Law Center
Attorney at Law
City of National City/ Police Chief
Allstate Insurance Company
Brickrow Construction, Inc.
Principal Las Palmas School
Principal Sweetwater Adult School
Chairman Ponderosa Homes
University Community Medical Center/CEO
Retired/ San Diego County Probation Dept.
Retired
Captain United States Navy
President/ EDCO
Retired
1/22/2007 10:21 C LEE WILLIAMS AND ASSOC. 4 16193364217
',ORD CERTIFICATE OF LIABILITY INSURANCE
NO.154 P002
Ur�IC IYYIVWrrrrl
10/22/2007
r: (858)268-9400 FAX (858)268-9773
F WILLIAMS & ASSOC. 40503722
. BOX 23638
MURPHY CANYON RO. 4202
i)IEGO, CA 92193
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 TI4F COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC 4
Boys & Girls Club of National City, Inc.
1.430 0 Avenue
National City, CA 91950
INSURERA Nonprofits Insurance Alliance
INSURERB Zenith Insurance Co.
INSURER C:
INSURER O.
INSURER E
'AGES
'OLICIES 01- INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTNITHSTANDINI
COUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIT1 RESPECT TO WN/CN THIS CERTIFICATE MAY BE ISSUED OR
RTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
'IES. AGGREGATE OMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE POLICY EXPIRATION j
TYPE OFIALS!/RANGE PCi.ICY NUMBER N , I. ...,U . • /
LIMITS
GENERAL LIARH ITT
X COMMERCIAL GENERAL LIABILITY
CI AIMS MADF I X 1 OCCUR
1
GE N'L AGGP.EGATE LIMIT APPLIES PLR
POLICY l i jEG7 I —I LOC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
X
11...( NON -OWNED AU1 OS
2007-04746 02/23/2007
2007-04746
{ C.ARAOE LJMIUTY
LANY AUTO
NONE PROVIDED
EXCESSNMH 1I A UALNUTY
OCCUR 1 CLAIMS MADE
DEDUCTIBLE
RETtPnc1N s
WORKERS COMPENSATION AND
EMPLOYERS' LIABRJTY
ANY PROPRIETOR/PAR'INER/EXLCUTIVE
OFF iCER(MLMUER EXCLUDE(r
n yea deeUAe under
'SPECIAL PROVISIONS below
OTHER
02/23/2008 EACH OCCURRENCE
DAMAGE TO REND
PBFMISFSfF Iv"'IRrf)
MED EXP (Any one pclson)
PERSONAL ADV 4NJUKY
GENERAL AGGREGATE
r
I PRODUCTS- COMPIOP AOC,,
COMBINED SINGLE UNIT
(En soc.de..t)
BODILY INJURY
02/23/2007 02/23/2008T" )
-BODILY INJURY
'Per scarf' en()
IS
s
S
1; 000 f 000
• 50,000
5,000
1,000,000
3,000,000
3 ,.0001000
S
i-
1,000,000
5
PROPERTY DAMAGE
Win adem)
AL/TO ONLY- EA ACCIDENT
S
E
OTHERTHAN EA ACC
AUTO ONLY: AGO
NONE PROVIDED
CO47397907
07/03/2007 07/03/2008
i
S
EACH OCCURRENCE 5
I AGGREGATE
3
.L
WC STATU-
Y UMR$
E.L. EACH ACCIDENT
jOTM-
1 nR
E DISEASE - EA EMPLOYEE
4
L
s
s 1,000,000
$ 1,000,0001
E L DISEASE - POLICY QUIT $ 1, 000, 000
JPTION OF OPERATIONS !LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT l SPECIAL PROVISIONS
<T1F1CATE HQLDER
City of National City
Attn: Janet Flores
1243 National City Blvd
National City. CA 91950
CANgaLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THER101, THE ISSUANG INSURER WILL ENDEAVOR TO MAIL
.30* OATS WRITTEN NOTICE TO THE CER1PICATE HOLDER NAMEO TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON TTe INSURES, ITS AOCNTB OR RE PRESeNTAITSI.
ORD 25 (2001105) FAX = (619) 336-4217
CORD CORPORATION 1988
10/22/2007 10:21 C LEE WILLIAMS AND ASSOC. 4 16193364217
NO.154 D003
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)-
If SUAROGA !ION IS WAIVED, subject to the terms and conditions of the polity. certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s)
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or atter the coverage afforded by the policies listed there -on.
:ORD 25 (2001/08)
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
2) Provide any facilities, services, financial aid, or other benefits
which are different or are provided in a different form from that
provided to others under the program or activity; or
3) Subject to segregated or separate treatment in any facility in, or
in any matter of process related to receipt of any service or
benefit under the program or activity; or
4) Restrict in any way access to, or in the enjoyment of any
advantage or privilege enjoyed by others in connection with
facilities, services, financial aid, or other benefits under the
program or activity; or
5) Treat an individual differently from others In determining whether
the individual satisfies any admission, enrollment, eligibility,
membership, or other requirement or condition which the
individual must meet in order to be provided any facilities,
services, or other benefits provided under the program or
activity; or
6) Deny any opportunity to participate in a program or activity as an
employee.
c. SUB -RECIPIENT may not utilize criteria or methods of administration which have
the effect of subjecting individuals to discrimination on the basis of race,
religion, color, national origin, sex, sexual preference, or handicap, or have the
effect of defeating or substantially impairing accomplishment of the objectives of
the program or activity with respect to individuals of a particular race, religion,
color, national origin, sex, sexual preference or handicap.
d. SUB -RECIPIENT, in determining the site or location of housing or faculties
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 Mayj.„.,___„7/
orrison, Mayo? —
ATTEST:
A
Mich. -1 Dalla, City r lerk
APPROVED AS TO FORM:
Z
George H. iser, III
City Attorney
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 erk of the Cita/16f 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
EXHIBIT 'A'
City of National City
FY 2007-2008
Annual Action Plan
• 3.-t
,A7 •
earalt.,••
ITT
4 - rum' oma'''''::::rgyaNELL.Nat-''-fAsserguoN
U.S. Department of Housing and Urban Development (HUD)
,
-., E .,141,atz -,,__
, ..,
-,,Cif 11;14Y ,:t• ! ,,Nfr I ra tir- g,I 'r, ,,,-,,-.,-;.- ,„
I. ,. 1 il' i 1 '''' I 1:1` I, I, I f4 • '''-:::' .
Draft
Executive Summary
Jurisdiction's Name:
Name of Organization:
Contact Person:
Telephone:
Site Address:
Table 3C
Consolidated Plan Listing of Projects
City of National City
Boys and (;irls Clubs of National City
Donald Epps- Director of Development
(619)477-5445
11430 D Avenue, National City, CA, 91950
Priority Need:
The After School
Transportation Pram
FY 2007-2008 CDBG FUNDING
Support the Bus Contract between the
Boys & Girls Club and the National
School District.
1,500
Individuals
$15,296.50
The After School Transportation Program is collaboration between the club and the National School
District. There are.10 elementary schools in National City and we have a transportation program for our
members at each one. There is a school bus that is designated for the Boys & Girls Clubs of National City
that will drop children at the club in the afternoons.
Objective Number
Project ID
2007-4
Funding Sources
HUD Matrix Code
05D-Youth Services
CDBG Citation
570.201(e)
CDBG
$15,296.50
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
1,500
Assisted Housing
$0
PHA
$0
Local ID
Tab It 4
Units Upon Completion
1,500
Other Funding
$0
Total
$15.296.50
The primary purpose the project is to help:
Homeless: No
Persons with HIV/AIDS: No
Persons with Disabilities: No
Public Housing Needs: No
Objective category: NI Suitable Living Environment ❑ Decent Housing
Outcome category: ® Availability/Accessibility Q Affordability
n Economic Opportunity
❑ Sustainability
8
MEETING DATE: May 1, 2007
City of National City
COUNCIL AGENDA STATEMENT
AGENDA ITEM NO.
✓yQ6-t-a
C. aao-\ • 3..k
20
ITEM TITLE: RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING TILE 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 anal Public 1 fearing, the City Council will consider the adoption of the attached
Resolution approving the Fiscal Year (FY) 2007-08 Animal 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 projects/programs to be undertaken in FY 2007-08 (July 1, 2007 — June 30, 2008) utilizing
Community Development Block Grant (CDBG) and I iome)nvestment Partnership Act (HOME) funds.
llrc 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 1, 2007, to be incorporated into the
final version to be submitted to !IUD by May 15, 2007.
Environmental Review
Not applicable to this report.
Financial Statement
The City will receive CDBG and HOMF, program funds from HUD 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) Resolution No.
1. DRAFT Executive Summary of the FY 2007-08 Annual Action Plan
2. Resolution
(11
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
November 13, 2007
Ms. Allie Pruitt
President of the Board
Boys and Girls Club of National City
1430 D Avenue
National City, CA 91950
Dear Ms. Pruitt,
On July 1s`, 2007 an Agreement was entered between the City of National City
and Boys and Girls Club of National City.
We are enclosing for your records a fully executed original agreement.
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Grants Department
® Recycled Paper