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HomeMy WebLinkAbout2008 CON National City Diablos - CDBG 08-09SUBRECIPIENT AGREEMENT By and Between the City of National City and National City Diablos for Program Name: Pop Warner Football and Cheer THIS AGREEMENT, entered this 2 ( day of Oc: T I L &. , 2008 by and between the City of National City (herein called the "Grantee") and National City Diablos (herein called the "Sub - recipient"). 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 Sub -recipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; SCOPE OF SERVICE A. Activities: The Sub -recipient will be responsible for administering the program titled, The National Citv Pop 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 Sub -recipient certifies that the activity 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: Sub -recipient shall be responsible for staff and time to be allocated to each activity, as set forth in Exhibit A, attached hereto and incorporated herein. E. Performance Monitoring: The Grantee will monitor the performance of the Sub - recipient 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 Sub - recipient 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 Sub -recipient shall start on the 1st day of July, 2008 and end on the 30th day of June of 2009 in the case of Public Services and in the case of Capital Improvements end on June 30, 2010. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub -recipient 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. Sub -recipient shall adhere to the budget breakdown, attached as Exhibit B Subrecipient Agreement Page 1 of 13 and incorporated herein. Any amendments to the budget must be approved in writing by both the Grantee and the Sub -recipient. IV. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed Thirty Thousand Dollars ($30,000). Draw downs 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 Sub -recipient'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: Grantee Subrecipient Contact Person: Jim Ridley Contact Person: Samuel Gonzalez Organization: City of National City Organization: National City Diablos Address: 1243 National City Boulevard National City, CA 91950-4301 Address: P.O. Box 1077,National city, CA 91950 Telephone: (619) 336-4266 Telephone: (619) 342-1645 Email: jridley@nationalcityca.gov Email: info@ncdiablos.com VI. GENERAL CONDITIONS A. General Compliance: The Sub -recipient 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 Sub -recipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Sub -recipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Sub -recipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Sub -recipient 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 Sub -recipient 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 Sub -recipient is an independent contractor. C. Hold Harmless: The Sub -recipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that Subrecipient Agreement Page 2 of 13 arise out of the Sub -recipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers' Compensation: The Sub -recipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. E. Insurance & Bonding: The Sub -recipient 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 Sub -recipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantee Recognition: The Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub- reci pi ent. H. Suspension or Termination: In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Sub -recipient 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 Sub -recipient 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 Sub -recipient to the Grantee reports that are incorrect or incomplete in any material respect. The Grantee shall have the right, in accordance with 24 C.F.R. 85.43, to terminate this Agreement immediately or withhold payment of invoice for failure of the SUB -RECIPIENT to comply with the terms and conditions of this Agreement. Should the Grantee decide to terminate this Agreement, after a full evaluation of all circumstances has been completed, the SUB -RECIPIENT shall, upon written request, have the right to an appeal process. A copy of the appeal process will be attached to any termination notice. If the Grantee finds that the SUB -RECIPIENT has violated the terms and conditions of this Agreement, the SUB -RECIPIENT may be required to: 1. Repay all monies received from the Grantee under this Agreement; and/or 2. Transfer possession of all materials and equipment purchased with grant money to the Grantee. Subrecipient Agreement Page 3 of 13 In the case of early termination, a final payment may be made to the SUB -RECIPIENT upon receipt of a Final Report and invoices covering eligible costs incurred prior to termination. The total of all payments, including the final payment, shall not exceed the amount specified in this Agreement. I. Termination for Convenience: In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Sub -recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. Grantee and sub -recipient agree to provide written notice to the other party thirty (30) days prior to the effective date of any termination, in whole or part, for convenience. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards: The Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. Subrecipient Agreement Page 4 of 13 4. Disclosure: The Sub -recipient 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 Sub -recipient'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 Sub -recipient'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 Sub -recipient has control over CDBG funds, including program income. 6. Audits & Inspections: All Sub -recipient 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 Sub -recipient within 30 days after receipt by the Sub -recipient. Failure of the Sub -recipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Sub -recipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning sub -recipient audits and OMB Circular A-133. 7. Additional Documentation: Sub -recipient 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. C. Reporting and Payment Procedures 1. Program Income: The Sub -recipient 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 Sub -recipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Sub -recipient 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 Sub -recipient will develop an indirect cost allocation plan for determining the appropriate Sub -recipient'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 Sub -recipient funds available under this Agreement based upon information submitted by the Sub -recipient 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 Sub -recipient, 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 Sub -recipient 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 Sub -recipient. 4. Progress Reports: The Sub -recipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee. Subrecipient Agreement Page 5 of 13 D. Procurement: 1. Compliance: The Sub -recipient 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 Sub - recipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. 3. Travel: The Sub -recipient 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 Sub -recipient 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 Sub -recipient'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 Sub -recipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Sub -recipient 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 Sub -recipient 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 Sub -recipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. VIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT The Sub -recipient 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 Sub -recipient 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 Sub -recipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. Subrecipient Agreement Page 6 of 13 IX. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance: The Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient, 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 Sub -recipient 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 Sub - recipient 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 Sub -recipient 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 Sub - recipient to assist in the formulation of such program. The Sub -recipient 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 Minoritv-Owned Businesses (W/MBE): The Sub -recipient 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 Sub - recipient 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 Sub -recipient shall furnish and cause each of its own sub - recipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, Subrecipient Agreement Page 7 of 13 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 Sub -recipient 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 Sub -recipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement: The Sub -recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Sub -recipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions: The Sub -recipient 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 sub -recipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity: The Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub - recipient of its obligation, if any, to require payment of the higher wage. The Sub - recipient 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 Sub -recipient and any of the Sub -recipient's sub -recipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Sub -recipient and any of the Sub - recipient's sub -recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is Subrecipient Agreement Page 8 of 13 provided. The Sub -recipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Sub -recipient 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 Sub -recipient 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 Sub -recipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications: The Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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. Subrecipient Agreement Page 9 of 13 2. Subcontracts: a. Approvals: The Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all Sub -recipients shall certify and disclose accordingly: d. Lobbying Certification: This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright: If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Activities: The Sub -recipient 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 proselytizing. X. ENVIRONMENTAL CONDITIONS A. Air and Water: The Sub -recipient 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 there -under; • 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 Sub -recipient 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 Sub -recipient 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 Subrecipient Agreement Page 11 of 13 funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation: The Sub -recipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. XI. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. XII. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. XIII. WAIVER The Grantee's failure to act with respect to a breach by the Sub -recipient 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 Sub -recipient 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 Sub -recipient 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 National City GE,_7'i.L_ Ron Morrison Mayor, City of National City APPROVED AS TO FORM George Eiser City Attorney ATTE,4,tzi ST A .‘ „,,. City C erk Nationaty Diablos Samuel :o alez Fund •:isinq Chairman Subrecipient Agreement Page 13 of 13 EXHIBIT A SCOPE OF SERVICES 1. The Pro ram/Project consists of the following activities: AiiviD' ` riptl'o Provide the necessary infrastructure, equipment, training and academic support for 250 National City children/youth ar.d 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+le er mime and, H$s'Al sated" All Staff Consist of Volunteers....There are board members There is no paid Staff _ 3. Billing Method: Monthly X 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 Registrations X X X X X X X X Practices X X X X X X Games XX X X X County Board Meetings X X X X X X X X X X X X Fund Raising X X X X X X X X X X X X Agency Name: Activity Name EXHIBIT B BUDGET National City Pop Warner Diablos Football & Cheer Description CDBG BUDGET OTHER RESOURCES TOTAL BUDGET 1) Personnel (Direct labor) $ - $ - $ - 2) Fringe Benefits $ - $ - $ - 3) Travel $ - $ - $ - 4) Supplies and Materials uniforms (Football) $ 23,977.00 $ 23,977.00 uniforms (cheer) $ 17,700.00 $ 17,700.00 helmets/shoulderpads $ 1,525.00 $ 1,525.00 reconditioning fees $ 6,800.00 $ 6,800.00 cheer training pads $ 4,200.00 $ 4,200.00 field equipment $ 6,694.50 $ 6,694.50 portable field lights $ 6,000.00 $ 6,000.00 field cart $ 6,250.00 $ 6,250.00 5) Administrative Costs (liability insurance $ 4,500.00 $ 4,500.00 $ - $ - $ - $ - 6) Sub Total for Direct Costs $ - $ - $ - $ - 7) Indirect Costs (Overhead) field use fees $ 10,000.00 $ 10,000.00 nat'I fees/dues $ 3,000.00 $ 3,000.00 $ - $ - TOTAL I $ - I $ 90,647 j $ 90,647 EXHIBIT C BOARD OF DIRECTORS & BYLAWS To be provided by Subrecipient National City Diablos - Board Members Page 1 of 1 Board Members TITLE President Vice -President Vice -President Secretary Treasurer Cheer Director Tackle Director Eligibility Equipment Manager Field Director Little Scholars Facility Director Parent Director Concessionaire Special Events Director Web Director Fundraising Director SUHI District Liason NC District Liason High School Liason FIRST NAME LAST NAME EMAIL Margarita Gonzales Robert Phillips Maurice Garica Meg Garcia Robert Arreola Denise Cedano Maurcio Garica Jenn Holguin Thomas Flores Eder Cedano Antonia Garcia Salvador Rosales Anna Garica Sonia Ahumada TBD TBD Victor Holguin Sam Gonzales Wes Braddock James Grier Tony Garcia president: ncdiablos.com vice-presRPg r..cdiablos.com vice-presNIG(o;ncdiablos. com secreta..ry(a ncd iablos,cp m treasurer@ncdiablos.com cheer@ ncdiablos.com vice-presMc.@ ncdiablgs.cgm eligibility@ncdiablos.com ncdiablos.com equipment@ncdiablos.com f ield(a ncdiablos.com lilscholars©ncd iablos.com facilityrrcdiablos.com parents@ncdiablos.com consessiona, ncd is blos.com info@ncdiablos.com webfancdiablos.com infp@ncdiabk)s.com suhiancdiablos.com ncsda ncdiablos.com tgarciac ncdiablos,com http://69.89.31.243/- ncdiablo/index.php?page=board-members 10/2/2008 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 Tess 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 less 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 feast 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 AII-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 liason 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 weeks game. They shall see that any player who does not participate in more that six plays in that weeks 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 Warty 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 Presidents 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 BY A MAJORITY VOTE OF MEMBERS PRESENT: 9.1 MEETINGS Call to Order Presentation of Minutes Presentation of Treasurers 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 EXIBIT D TECHNICAL ASSISTANCE MATERIALS The Sub -recipient 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 Sub -recipients 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 Sub -recipient 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 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 2008 — 79 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE 2008/09 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 and 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 December 22, 2007, February 1, 2008, and April 6, 2008, and WHEREAS, the Annual Action Plan addresses the housing and community development needs assessed in the Five -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 2008/09 (July 1, 2008 — June 30, 2009) 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 2008/09 Annual Action Plan for the CDBG and HOME funds are approved, and the Mayor is hereby authorized, on behalf of the City Council, to submit the 2008/09 Annual Plan for the expenditure of said funds to the U.S. Department of Housing and Urban Development (HUD). PASSED and ADOPTED this 6th day of May, 2 Ron Morrison, Mayor ATTEST: ajAaiiii tatti Mic ael Dalla, City Clerk APPROVED AS TO FORM: /-- J103,' ._ George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on May 6, 2008 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 MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-79 of the City of National City, California, passed and adopted by the Council of said City on May 6, 2008. C erk of the City of tional By: Deputy City City, California City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 6, 2008 AGENDA ITEM NO. 26 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FISCAL YEAR (FY) 2008-2009 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS 04- PREPARED BY Rosemary Toscano ,,{ DEPARTMENT City Manager's Office (Ext. 4391) W, EXPLANATION Upon the conclusion of Public Hearing #4, the City Council will consider the adoption of the attached resolution approving the FY 2008-2009 Annual Action Plan. The Annual Action Plan (AAP) addresses the housing and community development needs assessed in the City's 5-Year Consolidated Plan for FY's 2005-06 through 2009-10, adopted by the City Council in May 2005. The AAP includes a listing of all proposed projects/activities to be undertaken in FY 2008- 2009 (July 1, 2008 - June 30, 2009) utilizing CDBG and HOME program funding. Environmental Review NI N/A Financial Statement Approved By: Finance Director The estimated amount of funding available for FY 2008-2009 for each program is as follows: Community Development Block Grant - $1,092,595 Account No. Home Investment Partnership Program - $574,466 STAFF RECOMMENDATION Adopt attached resolution. BOARD / COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS ( Listed Below) Resolution No. 'a o o - 9 9 Attachment 1: Summary of FY 2008-2009 CDBG and HOME Program Funding Recommendations Resolution A-200 (9/99) 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 29, 2008 Mr. Samuel Gonzalez Fund Raising Chairman National City Diablos P.O. Box 1077 National City, CA 91950 Dear Mr. Gonzalez, On October 21 st, 2008 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. Michael R. Dalla, CMC City Clerk Enclosure cc: Housing & Grants Department ® Recycled Paper