HomeMy WebLinkAbout2008 CON Fair Housing Council of San Diego - CDBG 08-09SUBRECIPIENT AGREEMENT
By and Between the
City of National City and Fair Housing Council of San Diego
for
Program Name: Tenant -Landlord Educational series
THIS AGREEMENT, entered this 'a6ZH day of taovrc�'`tF.P. , 2008 by and between the City of
National City (herein called the "Grantee") and Fair Housing Council of San Diego (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 Tenant -Landlord Education Series 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 15t 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
and incorporated herein. Any amendments to the budget must be approved in writing by both
the Grantee and the Sub -recipient.
Subrecipient Agreement
Page of 13
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-eight Thousand Dollars ($38,000). 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
Sub -recipient
Contact Person:
Carlos Aguirre
Contact Person:
Mary Scott Knoll
Organization:
City of National City
Organization:
Fair Housing Council of San Diego
Address: 1243 National City Boulevard
National City, CA 91950-4301
Address:
625 Broadway, Suite 1114, San Diego, CA
92101
Telephone:
(619) 336-4391
Telephone:
(619) 699-5888 Ext. 203
Email:
caguirre@nationalcityca.gov
Email:
msk@fhcsd.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
arise out of the Sub -recipient's performance or nonperformance of the services or
subject matter called for in this Agreement.
Subrecipient Agreement
Page 2 of 13
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 -
recipient.
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.
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
Subrecipient Agreement
Page 3 of 13
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.
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
Subrecipient Agreement
Page 4 of 13
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.
Subrccipicnt 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 Minority -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 Sub -recipient, 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
s
Rbn Morrison
Mayor, City of National City
APPROVED AS TO FORM
George Eisi r
City Attorney
ATTEST
fi
li
City C rk
Fair Housing Council of San Diego
Mary S Knoll
Executi lirector
Subrecipient Agreement
Page 13 of 13
EXHIBIT A
SCOPE OF SERVICES
1. The Fair Housing and Tenant -Landlord Educational Services consists of the
following activities:
Activity Description
The Fair Housing Council of San Diego (FHCSD) acting on behalf of the City of National City
will provide a comprehensive range of fair housing services that can be certified by the City
to meet the HUD "affirmatively furthering" standard for fair housing entitlement
jurisdictions. Through educational/mediation and complaint intake services for tenants -
jurisdictions, Through educational/ mediation and complaint intake services for tenants -
landlords, including public/ affordable and special needs housing programs, the project will
screen for, educate and monitor incidences of unlawful housing discrimination and provide
remedies and resolutions.
2. The following lists the staff and time commitments to be allocated to activity listed above.
Staff Member Name and Title
Hours Allocated
Mary Scott Knoll
520
Erica Jimenez
374
Admin/ Special Events Specialist
187
3. Billing Method: Monthly Quarterly X
4. List the type of supporting documentation to be provided:
Payroll Summary/ Documentation for Operational Cost
5. List the major/key activity milestones:
Major Activity
Milestones
Month
1
2
3
4
5
6
7
8
9
10
11
12
Hire Staff
Program Implementation
Provide Program Services
x
x
x
x
x
x
x
x
x
x
x
x
EXHIBIT B
BUDGET
Agency Name: Fair Housing Council of San Diego, The
ing and Tenant -Landlord Educational Services
CDBG
OTHER
TOTAL
Description
BUDGET
RESOURCES
BUDGET
1) Personnel (Direct labor)
Executive Director
22,640.00
22,640.00
Outreach/Edu. & Discr. Specialist
4,368.00
4,368.00
Admin. Support
2,808.00
2,808.00
2) Fringe Benefits
4,498.00
4,498.00
3) Travel
4) Supplies and Materials
445.00
445.00
Rent/Lease
2,897.00
_
2,897.00
Insurance
344.00
344.00
5) Sub Total for Direct Costs
6) Indirect Costs (Overhead)
TOTAL
$ 38,000
$ 38,000
Exhibit "3"
CITY OF NATIONAL CITY -FAIR HOUSING & TENANT EDUCATION SERVICES
FAIR HOUSING COUNCIL OF SAN DIEGO
SCOPE OF SERVICES
FY JULY 2008- JUNE 2009
BACKGROUND
The publication of the new Consolidated Submission, regulations for Community Planning and Development programs,
dated January 5, 1995, set forth significant new program requirements with regard to the long-standing obligation of
entitlement communities under Section 808 (e)(5) of the Fair Housing Act to "affirmatively further fair housing.
" Entitlement localities such as the City of National City (Grantee or City) who seek funds through the Consolidated
Submission Procedure are now required to certify that the city will engage in fair housing planning, namely: (1)
conduct, at the beginning of each five-year cycle, an analysis of impediments to fair housing choice; (2) carry out
actions to overcome the effects of identified impediments; and (3) maintain records and make available information and
reports including the analysis of impediments to document actions undertaken to eliminate identified impediments. U.S.
Department of Housing and Urban Development (HUD) - Technical Advisory Letter- July 11, 1995. (Advisory)
Each analysis of impediments should be a comprehensive review of policies, procedures, and practices within the
jurisdiction that affect the location, availability and accessibility of housing and the current residential patterns and
conditions related to fair housing 'choice.
INTRODUCTION
The Fair Housing Council of San Diego (FHCSD/Contractor) will continue service delivery under its existing menu of
comprehensive fair housing services as outlined herein. All activities are designed to support the jurisdiction's
ongoing fair housing planning process and the implementation of recommendations as outlined in its Analysis of the
Impediments to Fair Housing under the Regional Al -October 2000 and later updated Al publications
Funds Allocation in the amount to $3800 will be utilized to cover the cost of personnel and operational costs in
support of the services outlined below. Such costs include but are not limited to: staff salary & benefits and
operational costs of rent, telephone, training programs, printing and reproduction cost, and all others as outlined in
the budget submitted with the application.
PRIMARY SERVICE COMPONENTS (Measurable Outcomes & Evaluation in Bold Print)
A. ADVOCACY
GOAL
• To serve as the community voice for promoting fair housing consumer/owner rights and responsibilities and
advocating for community wide implementation and adaptation of anti -housing discrimination strategies in
National City
OBJECTIVES-
• To plan, coordinate, implement and evaluate advocacy activities which are designed to verbalize and
encourage the rationale for fair housing compliance in the city and region
ACTIVITIES -METHODOLOGY: (Measurable Outcomes & Evaluation in Bold Print)
• Offer advocacy and informational support in appropriate settings such as public events, focus groups and
meetings with congressional leaders, city officials, community -based agencies, HUD housing program staff
and others (Twelve (12) documented advocacy activities)
• Communicate with local government officials or their designated housing staff to update each on the state
of fair housing in their jurisdiction. (6 Meetings with City Council Members/staff)
Fair housing in this context is used to describe the act of discrimination based upon race, color, national origin,
religion, sex/gender, familial status (presence of children) or disability/other state -law prohibitions in the housing
rental, sales, insurance and property insurance marketplace(s)
MEASURABLE OUTCOMES:
EXPECTED OUTCOME (S)
• Through effective advocacy, a more open and inclusive housing marketplace will emerge where all qualified
home seekers will have equal opportunity and access to achieve their housing needs and goals. Outcomes
can be measured in informal ways through anecdotal accounts and also in periodic housing surveys or
audits, where funded. Periodic audits would produce more formal and scientifically reliable data.
• Achievement of fair housing goals will become more pronounced and greater buy -in will occur over time
from key business, political/government and community perspectives
• Housing providers should realize a fair or greater share of the diverse housing applicant pool when fair
housing practices are the norm of the marketplace
B. PUBLIC OUTREACH -
Goal
• Implement activities to inform the general public about rights and resources for addressing housing
discrimination complaints
OBJECTIVES
To plan, coordinate, implement and evaluate outreach services which are designed to keep the public
updated about fair housing resources and services in the City.
ACTIVITIES -METHODOLOGY: (Measurable Evaluation & Outcomes in Bold Lettering)
• Implement continuous run of PSAs through PennySaver; La Prensa; TV —City and County Television
network and UNIVISION (Twelve 12) Months)
EXPECTED OUTCOME (S)
• Through a continuous run of PSAs and other outreach activities, the general public in National City will
know more about the existence of federal and state fair housing laws and available resources as provided
by the Fair Housing Council
C. EDUCATION -General Programs
GOALS
• To foster promote and increase consumer/home seeker, provider/homeowner and property manager
awareness of fair housing rights and responsibilities in the housing rental, sales, lending and property
insurance marketplace(s);
• To broaden the base of community fair housing knowledge towards the end of greater understanding of and
compliance with fair housing laws.
OBJECTIVES
• To plan, coordinate, implement and evaluate educational activities, which are designed to impart multi-
lingual information about all aspects of fair housing laws.
ACTIVITIES AND METHODOLOGY - (Measurable Evaluation & Outcomes in Bold Lettering)
• Operate daily telephone hotline service as a quick response to inquiries from the public about: their civil/fair
housing rights and responsibilities;(10400 hours of telephone hotline service annually)
• Prepare and distribute multi-lingual and diverse printed materials concerning fair housing laws, rights and
responsibilities, including materials in Spanish, Tagalog, Chinese, Filipino, Hmong, Lao, Samoan, and
African languages. (Complete monthly e-mail campaigns)
• Prepare and utilize radio/TV public service announcements as part of ongoing education campaign;
(Monthly airing on City & County Television networks)
Distribute training video featuring Congresswoman Loretta Sanchez to Community Based Organizations
(Distribute eight (8) videos to targeted community agencies in National City)
• Collaborate and coordinate with major social service/community based organization to conduct fair housing
events; will work with agencies like Access Center, Pan Asian Lawyers, and members of the National City
Collaborative .(Conduct Minimum of fifteen 15 fair housing presentations during contract period,
Achieve media coverage to highlight the myriad issues falling under fair housing laws coverage including
the current "hot" of emerging topics of predatory lending, hate crimes and intra-group housing discrimination
(Two articles per year in local publications for broad readership; also utilize Spanish language
2
press for placing educational ads and other fair housing information )
• Conduct e-mail campaigns in conjunction with special recognition day(s) for all protected classes (i.e.
Hispanic Heritage/Women History month; Gay Pride Month and Asian History celebrations to disseminate
written information and/or flyers (Monthly)
• Educate tenants under Tenant -Landlord Services Coalition activity (Daily)
EXPECTED OUTCOME (S)
• Increased awareness among the community in general about fair housing rights and responsibilities
• An increase in the number of informed, bona -fide housing discrimination complaints filed
• Less public confusion about the differences between landlord -tenant and housing discrimination laws and
how they apply
• More self -advocacy and less dependency on public agencies
• More general compliance with fair housing laws in the region
• Fewer segregated neighborhoods over the long term, which in turn will impact quality of educational
opportunities access to transportation and jobs
D. EDUCATION -Special Programs
GOAL
• To elevate the level of public understanding about fair housing laws through presentation of specialized
programs;
OBJECTIVES
• To plan, coordinate, implement and evaluate educational activities, which are designed to impart
information about all aspects of fair housing laws.
ACTIVITIES AND METHODOLOGY - (Measurable Evaluation & Outcomes in Bold Lettering)
• Conduct UNITYFest or other event(s) as major fair housing event to combat hate crimes/address other
issues in housing during National Fair Housing Month- (1X Annually)
• Complete "Tips for Tenants and Future Homebuyers" program(s) (Annual)
• Create innovative programs to keep messages of anti -bias and prejudice prevention, the infrastructure of
housing discrimination, before the public (Annual)
Work with local Spanish TV stations to complete special interviews , call -in programs and others for public
education (Two in contract period)
EXPECTED OUTCOME (S)
• Increased awareness among the community in general about fair housing rights and responsibilities
• An increase in the number of informed, bona -fide housing discrimination complaints filed
• Less public confusion about the differences between landlord -tenant and housing discrimination laws and
how they apply
• More self -advocacy and less dependency on public agencies
• More general compliance with fair housing laws in the region
• Fewer segregated neighborhoods over the long term, which in turn will impact quality of educational
opportunities access to transportation and jobs
E. TECHNICAL ASSISTANCE AND INDUSTRY PROFESSIONAL TRAINING —General Programs
GOALS
• To help real estate, property managers, lenders and property industry professionals achieve increased
levels of voluntary compliance with fair housing requirements; assist to provide them with preventive
measures designed to decrease their zone of potential liability for housing discrimination complaints being
leveled against them.
OBJECTIVES
• Staff will plan, coordinate, implement and evaluate workshops, seminars, presentations and educational
opportunities for housing providers and real estate professionals
ACTIVITIES AND METHODOLOGY- Measurable Evaluation & Outcomes in Bold Lettering)
• Conduct telephone hotline services in response to owner/manager inquiries regarding technical compliance
with required fair housing business procedures and practices. (Daily; 10400 hours of telephone hotline
service annually))
• Assist with the preparation and implementation of the jurisdiction's fair housing plan (per Al); also assist
with the City's Consolidated Plan and its Housing Element (Ongoing)
• Continue offerings of Department of Real Estate accredited training seminar on fair housing for property
management companies/owners. (1 X-Annually)
• Prepare and disseminate printed materials for members of the housing industry. (Emphasize information
on locations of special needs housing and the Conditional Use Process- 1 x annually)
• Continue annual participation in area trade shows such as the Apartment Associations Expo and the San
Diego area Home Buyer Fair(s) which benefit National City property owners (Annual)
• Utilize print media to support owners and managers(One media article and one article for submission to
the San Diego Apartment Owners Association for publication)
EXPECTED OUTCOME (S)
• An increased awareness about the fair housing responsibilities of property owners who are in the rental
housing business
• An increased willingness among property owners to operate their business in accordance with fair housing
laws
• A decrease in the incidence of non -compliant behaviors in the housing markets
• A decrease in the numbers of discriminatory home mortgage loan rejections to qualified minority
homebuyers
• A decrease in the numbers of qualified home purchase applicants who are referred to the sub -prime
markets
• An increase in the incidence of voluntary and self -training among industry professionals and associations
F. TECHNICAL ASSISTANCE AND INDUSTRY PROFESSIONAL TRAINING —Special Programs
Goal
• To present California Department of Real Estate Approved/Three Hours- Fair Housing course for
CLE credit, annually for Real Estate Professionals
OBJECTIVES
• To plan, coordinate, implement and evaluate special educational activities, which are designed to impart
information about all aspects of fair housing laws to the real estate professional.
ACTIVITIES AND METHODOLOGY (Measurable Evaluation and Outcomes in Bold Lettering)
• Conduct major training conference for attorneys and advocates/others-Fair Housing Laws and Litigation
Conference Series; 16"' annual presentation planned for February 2009 (Annual).
• Provide fair housing information or fair housing compliance review, upon request, to all concerned
entities/organizations and/or government/political decision makers about the fair housing requirements as
promulgated by the U. S. Department of Housing and Urban Development (HUD) or other special housing
programs in the City of National City) (As needed or requested by City of National City Departments, or
Personnel, to insure compliance with fair housing laws)
EXPECTED OUTCOME (S)
• An increased awareness about the fair housing responsibilities of property owners who are in the rental
housing business
• An increased willingness among property owners to operate their business in accordance with fair housing
laws
• A decrease in the incidence of non -compliant behaviors in the housing markets
• A decrease in the numbers of discriminatory home mortgage loan rejections to qualified minority
homebuyers
• A decrease in the numbers of qualified home purchase applicants who are referred to the sub -prime
markets
• An increase in the incidence of voluntary and self -training among industry professionals and associations
G. FAIR HOUSING RIGHTS ENFORCEMENT
GOALS:
• To provide and facilitate access to enforcement assistance where bona -fide complaint of fair housing is
received and verified through the FHCSD intake process in accordance with HUD enforcement
requirements
OBJECTIVES
• To plan, coordinate, implement and evaluate enforcement activities, which are brought on behalf of housing
discrimination victims, including conciliations.
Staff will receive (intake), investigate (test where appropriate), process and resolve (educate of refer) bona
fide fair housing discrimination complaint.
PROCESS: Where discrimination has been alleged, but there is no current verifying or corroborating documentation
to support an enforcement agency complaint referral, the Complainant is counseled and educated about the issues
of: fair housing; the distinction between tenant -landlord issues, housing discrimination and affordable housing
issues/other areas of law. Conversely, when substantive corroborating witnesses or verifying evidence supports the
complaint, intake is completed, investigation or testing is completed and a plan of enforcement referral action, on a
complaint -by -complaint basis is formulated and implemented.
ACTIVITIES AND METHODOLOGY (Measurable Evaluation Outcomes in Bold Lettering)
• Receive and process all discrimination complaints as alleged by the complainant. (Daily)
• For each case, conduct investigative activities designed to provide supporting evidence in connection with
bona -fide complaint of housing discrimination. (As needed in individual case development))
• For Administrative Case filings, conduct other research and related complaint intake investigation on a
case -by -case basis, including but not limited to;
A Interview prospective complainant on telephone and in -office or on site
Y Conduct title search to create owner/prospective respondent profile
Y Locate and interview witnesses
Create complaint file
i- Remain in contact with complainant throughout intake and investigate process which enjoys a one
year statute of limitations window of filing opportunity and up to two years in federal courts
Y Write letters attempting to conciliate and resolve the complaint.
Y Make telephone calls to the prospective respondent to discuss case
Y Interact with attorneys hired by prospective respondents
• For Court filings in federal court, conduct all of the above and further activities for federal and state court
litigation including but not limited to:
Y Conduct Depositions and be Deposed
Y Prepare paperwork for court filings
> Attend settlement conferences
Y Negotiate Settlements
• Provide conciliation services as a means of resolution to complaints or refer to an enforcement entity
Y Write letter to prospective respondent
Set dates times place for conciliations;
Y Conduct Conciliation hearings with all parties; conduct some as telephone conciliations
Y Set terms of conciliation agreements in writing with copies to all parties
• Prepare paperwork to refer meritorious cases to an enforcement resource such as the California State
Department of Fair Employment and housing (DFEH), HUD or a private attorney for further enforcement
assistance;
• Work with referral entity to provide back-up support based upon prior involvement of the FHCSD in the
investigation
• Conduct case management and follow-up activities where appropriate.
• As part of conciliation component activities, provide technical information regarding the Federal Fair
Housing Act/other state laws for complainants/respondents in alleged discrimination compliant matters
• Conduct complaints- based tests and audits as funding permits
(All of the above completed for each case of bone fide discrimination cases)
EXPECTED OUTCOME (S)
• An increase in the number of bona -fide complaints which are processed by the FHCSD staff on behalf of
National City residents
• An increase in the number of cases which are referred to the DFEH, an attorney, U. S. Department of
Justice or HUD
• An increase in the levels of fair housing compliance in the jurisdiction
H. HOUSING DISCRIMINATION MONITORING
GOAL
• To monitor in areas that do not necessarily involve an individual complainant but which nevertheless, have
fair housing (discrimination) implications as identified below
OBJECTIVES -To plan, coordinate, implement and evaluate monitoring activities, which are designed to bolster and
support city/region-wide fair housing compliance.
ACTIVITIES AND METHODOLOGY
> Monitor Advertising through review and auditing of print ads (Periodically)
Y Look into appraisal market activities for signs of non-compliance (Periodically)
Y Examine brokerage services; multiple listing services ( Periodically )
7- Monitor Internet transactions (Ongoing)
.- Monitor mortgage lending patterns for compliance ( Periodically )
Y Monitor property insurance markets for sign of non-compliance ( Periodically )
Monitor for incidence of hate crimes in housing rental/sales ( Ongoing )
Advance Supportive Public Policy Development and Complete Discrimination Research:
GOAL\
• To engage in activities that will uncover systemic discrimination through studies such as those conducted
by the U. S. Department of Housing and Urban Development
• To provide educational information, when needed, as a backdrop to legislative or local ordinance proposals
OBJECTIVES
• To plan, coordinate, implement and evaluate public policy and research which are designed to bolster and
support city/region-wide fair housing compliance.
ACTIVITIES AND METHODOLOGY -(Measurable Outcomes & Evaluation in Bold Print)
• Write non -lobbying, educational letters/ sign on to letters or conduct housing discrimination audits and
studies (As needed and requested/funded)
J. COLLABORATIVE AND COALITION BUILDING ON CITY & REGIONAL BASIS
GOAL
• To continue to build greater recognition of the principals and ideals of regional collaboration in support of
fair housing goals achievement in the National City and in the greater San Diego region
OBJECTIVES
• Staff will collaborate and build cross referral relationships with other state/national fair housing groups to
support a strategy for the solutions to housing discrimination in the city & region on a more rational regional
basis.
ACTIVITIES AND METHODOLOGY- Measurable Outcomes & Evaluation in Bold Print)
• Work with the local CBOs and the office of HUD/Los Angeles and/or California Department of Fair
Employment and Housing to create working relationships for enforcement purposes and work with related
entities on a regional basis (Ongoing)
EXPECTED OUTCOMES- For Monitoring (H) Public Policy & Research (I) and Collaborations (J)
Long-range achievement of diverse housing neighborhoods resulting from an increase in the ability of all
persons to rent in any neighborhood in National City and the greater community, for which they are qualified
K. SECONDARY SERVICE COMPONENT -TENANT -LANDLORD EDUCATIONAL SERVICES W/ LIMITED
MEDIATION ACTIVITIES
GOAL
• To provide educational support (as opposed to telephone counseling where all of the facts not known) that
will improve the low level of understanding that tenants now tend to have about their tenant rights and
responsibilities.
OBJECTIVE
• To Increase the level of community knowledge about California's Tenant -Landlord Laws and their
operations
ACTIVITIES AND METHODOLOTY (Measurable Evaluation and Outcomes in Bold Lettering)
• Provide response for a void that now exist between the provision of legal and mediation services and the
absence of educational services in the tenant -landlord realm;
• Provide a source of no -cost educational services, which will help tenants become more self -advocating and
learned about preserving their current tenancy. In turn, they can become preventive, to avoid the
development of more difficult and devastating problems such as homelessness, overcrowded conditions
and family stress;
• Provide cost effective, unduplicated services which can be linked to the City's current continuum of housing
discrimination services
• Make services available on the local and community -based level through a network of community based
agencies and libraries
• Create a library or clearinghouse of written materials which are pertinent to tenant -landlord issue(s) and
which will be available to the public for dissemination.
The resource information, in English/Spanish or other appropriate languages where available, will provide an
educational reference for current and future use.
SECONDARY SERVICE COMPONENT
• Tenant -Landlord Outreach, Educational Services- Plan and implement a National City Component under
the Tenant-Iandlord Educational Services Programs of the FHCSD providing educational
6
referrals/services for Tenants.
EXPECTED OUTCOMES-
• An increase in the public educational levels with regard to general tenant -landlord laws and their practical
application.
OTHER SERVICES.
Provide consultative and other services for the City of National City in support of its; (a) housing program
operations and housing development projects; and (b) completion of the City's Housing Element,
Consolidated Plan, CAPER and other HUD reports as requested.
• Provide compliance and risk management training support for the City's housing programs
REPORTING
▪ Provide a quarterly report of staff activities and progress achieved under the FHCSD s strategic operations
plan and the approved Scope of Work and related Fair Housing Action Plan for the City of National City. All
reports are compiled in accordance with required reporting categories under fair housing program
operations and in accordance with the requirements of the U. S. Department of Housing and Urban
Development.
EXHIBIT C
BOARD OF DIRECTORS & BYLAWS
Judith Green, Retired, President
7262 Peter Pan Avenue
San Diego, CA 92114
Adriana Sanchez-Aldana
Resource Teacher
Sweetwater Union High School District
1312 E. Vaquero Court
Chula Vista, CA 91910
Barbara Fielding. Retired
5660 Copley Drive
San Diego, CA 92101
Fielding Group
Brenda Mason
Mason's Paralegal Service
625 Broadway, Suite 1106
San Diego, CA 92101
Byron Mason
Mason's Paralegal Service
625 Broadway, Suite 1106
San Diego, CA 92101
Stacy Everson
Executive Director
Seeds Educational Services
2707 Congress, Suite 1R
San Diego, CA 92110
Jeffrey Jackson, REALTOR
BenSara Enterprises
999Surrey Drive
Bonita, CA 91902
Ted Graham, REALTOR
One Realty Solutions
6418 Scimitar Drive
San Diego, CA 92114-2503
Terms -
Annual
N
rC
THE FAIR HOUSING COUNCIL OF SAN DIEGO INC.
A California Nonprofit Public Benefit Corporation
AMENDED AND RESTATED BYLAWS
ARTICLE I
Section 1.1. Name. The name of this Corporation is "THE FAIR HOUSING COUNCIL OF
SAN DIEGO, INC."
ARTICLE II
Section 2.1. Principal Office. The principal office for the transaction of the activities and
affairs of the Corporation is located at 625 Broadway, Suite 704, San Diego, CA 92101-5418.
Section 2.2. Other Offices. The Board of Directors of THE FAIR HOUSING COUNCIL
OF SAN DIEGO, INC. (The "Board") may at any time establish branch or subordinate offices at any
place or places where the Corporation is qualified to conduct its activities.
ARTICLE HI
Section 3.1. Objectives and Purposes. This Corporation is a nonprofit public benefit
corporation and is not organized for the private gain of any person. It is organized under the
Nonprofit Public Benefit Corporation Law for charitable purposes. The purpose of this Corporation
is to actively support and encourage freedom of residency in the City and County of San Diego in
accordance with the laws of the State of California and the United States which afford all persons
the opportunity to secure the housing they desire and can afford; to lessen neighborhood tensions;
to reduce prejudice and discrimination in housing and mortgage lending; to defend human and civil
rights; and to promote fair housing laws.
Section 3.2. Section 501(c)(3) Limitations. Such purposes for which this Corporation is
organized are exclusively educational within the meaning and contemplation of Section 501(c)(c)
of the Internal Revenue Code of 1986, as amended.
ARTICLE IV
Section 4.1. Nonpartisan Activities. This Corporation has been formed under the
California Nonprofit Public Benefit Corporation Law for the public purposes described above, and
it shall be nonprofit and nonpartisan. No substantial part of the activities of the Corporation shall
consist of carrying on propaganda, or otherwise attempting to influence legislation, and the
Corporation shall not participate or intervene in (including publishing or disseminating statements)
any political campaign on behalf of any candidate for public office. The Corporation shall not,
except in an insubstantial degree, engage in any activities or exercise any powers that are not in
furtherance of the purposes described above.
ARTICLE V
Section 5.1. Dedication of Assets. The properties and assets of this nonprofit corporation
are irrevocably dedicated to charitable purposes. No part of the net earnings, properties, or assets
of this Corporation, on dissolution or otherwise, shall inure to the benefit of any private person or
individual, or any director of this Corporation. On liquidation or dissolution, after paying or
adequately providing for the debts and obligations of the Corporation, all remaining properties and
assets shall be distributed and paid over to a non-profit fund, foundation or corporation which is
organized and operated exclusively for educational purposes, provided that the organization
continues its tax-exempt status under Section 501(a)(3) of the Internal Revenue Code of 1986 (and
which is qualified for exemption from taxation under Section 23701d of the California Revenue and
Taxation Code).
ARTICLE VI
Section 6.1. Members prohibited. The Corporation shall not have members.
Section 6.2. Effect of Prohibition. Any action which would otherwise require approval
by a majority of all members or approval by the members shall require only approval of the Board
by majority vote or as otherwise provided herein or by applicable law.
Section 63. Associates. Nothing in this Article VI shall be construed as limiting the right
of the Corporation to refer to persons associated with it as "members" even though such persons are
not members, and no such reference shall constitute anyone a member, within the meaning of
Section 5056 of the California Nonprofit Corporation Law. The Corporation may confer by
amendment of its Articles or of these Bylaws some or all of the rights of a member, as set forth in
the California Nonprofit Corporation law, upon any person or persons who do not have the right to
vote for the election of directors or on a disposition of substantially all of the assets of the
corporation or on a merger or on a dissolution or on changes of the Corporation's Articles or Bylaws
or for the selection of delegates who possess any of the preceding voting rights, but no such person
shall be a member within the meaning of said Section 5056.
Ucchsf\byiws.11796 2
ARTICLE VII
Section 7.1. General Corporate Powers, Subject to the provisions and limitations of
the California Nonprofit Public Benefit Corporation Law and any other applicable laws, and subject
to any limitations of the Articles of Incorporation or Bylaws, the Corporation's activities and affairs
shall be managed, and all corporate powers shall be exercised, by or under the direction of the
Board. The Board may delegate the management of the activities of the Corporation to any person
or persons, or committees however composed, provided that the activities and affairs of the
Corporation shall be managed and all corporate powers shall be exercised under the ultimate
direction of the Board.
Section 7.2. Specific Powers. Without prejudice to such general powers set forth above,
but subject to the same limitations, it is hereby expressly declared that the Board shall have the
following powers in addition to the other powers enumerated in these Bylaws:
7.2.1. To select and remove officers, agents, and employees of the
Corporation; prescribe powers and duties for them as may not be inconsistent with law, the Articles,
or these Bylaws, and fix their compensation.
7.2.3. To conduct, manage, and control the affairs and activities of the
Corporation and to make such rules and regulations therefor not inconsistent with law, the Articles
or these Bylaws, as they may deem best.
7.2.4. To adopt, make and use a corporate seal and to alter the form of such
seal from time to time as they deem best.
7.2.5. To borrow money and incur indebtedness for the purposes of the
Corporation, and to cause to be executed and delivered therefor, in the corporate name, promissory
notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, or other evidences of
debts and securities.
Section 7.3. Number. The Board shall consist of at least seven (7) but no more than
twenty-four (24) directors until changed by amendment to these Bylaws. The exact number of
directors shall be fixed, within those limits, by a resolution adopted by the Board.
Section 7.4. Qualifications. The Directors of the Corporation shall be committed to
providing general support and direction for purposes listed in Section 3.2.
Section 7.5. Restrictions on InterestedPersons as Directors. No person serving on the
Board may be an interested person. An interested person is (a) any person compensated by the
Corporation for services rendered to it within the previous twelve (12) months, whether as a full
time or part time employee, independent contractor or otherwise, excluding any reasonable
compensation paid to a director as a director; and (b) any brother, sister, ancestor, descendant,
Ucchsflbylws. I l 796 3
spouse, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law or father-in-law
of such person. However, any violation of the provisions of this paragraph shall not affect the
validity or enforceability of any transaction entered into by the Corporation.
Section 7.6. Election. Designation and Term of Office. At the first organizational
meeting of the Board of Directors, the initial number of Directors shall be divided into two equal
+,soups, with the term of office of one group to expire in one year and the term of office of the other
group to expire in two years. Thereafter, fifty percent (50%) of the directors shall be elected
annually for a two-year term to take the place of those whose terms expire. However, if any such
directors are not elected at any annual meeting, they may be elected at any special members' meeting
held for that purpose or by written ballot. Each such director, including a director elected to fill a
vacancy or elected at a special members' meeting or by written ballot, shall hold office until
expiration of the term for which elected and until a successor has been elected and qualified.
Section 7.7. Vacancies. Subject to the provisions of Section 5226 of the California
Nonprofit Public Benefit Corporation Law, any director may resign effective upon giving written
notice to the President, or the Secretary or the Board, unless the notice specifies a later time for the
effectiveness of such resignation. If the resignation is effective at a future time, a successor may be
selected for such time, to take office when the resignation becomes effective.
7.7.1. Vacancies in the Board shall be filled in the same manner as the director or
directors whose office is vacant was selected, provided that vacancies to be filled by election by
directors may be filled by a majority of the remaining directors, although less than a quorum, or by
a sole remaining director. Each director so selected shall hold office until the expiration of the term
of the replaced director and until a successor has been selected and qualified.
7.7.2. A vacancy or vacancies in the Board shall be deemed to exist in case of the
death, resignation or removal of any director, or if the authorized number of directors has increased.
7.73. The Board may declare vacant the office of a director who has been declared
of unsound mind by a final order of Court, or convicted of a felony or found by a final order or
judgment of any Court to have breached any duty arising under Article III of the Califomia
Nonprofit public Benefit Corporation Law or who has failed to attend three consecutive meetings
of the Board, without good cause.
7.7.4. No reduction of the authorized number of directors shall have the effect of
removing any director prior to the expiration of the director's term of office.
Section 7.8. Place of Meeting. Meetings of the Board shall be held at any place within
or outside the State of California that has been designated from time to time by the Board. In the
absence of such designation, regular meetings shall be held at the principal office of the
Corporation.
Ucchsflbylws.1 1796 4
Section 7.9. Meetings by Telephone. Any meeting may be held by conference telephone
or similar telecommunication equipment, as long as all directors participating in the meeting can
hear one another and subject to the provisions of section 7.16. All such directors shall be deemed
to be present in person at such a meeting.
Section 7.10. Annual Meeting. The Board shall hold an annual meeting for purposes of
organization, election of officers and directors, and the transaction of the business. Notice of this
meeting is not required. The date, time and place of the annual meeting shall be set by Resolution
of the Board between November 1 and December 31 of that year.
Section 7.11. Regular Meetings. Regular meetings of the Board for any purpose or
purposes may be held without notice of such time and place as the Board may fix from time to time.
Section 7.12. Authority to Call Special Meetings. Special meetings of the board for any
purpose may be called at any time by the President or any Vice -President, or the Secretary or any
two directors.
Section 7.13. Manner of Giving Notice of Special Meetings. Notice of the time and place
of special meetings shall be given to each director by one of the following methods: (a) by personal
delivery of written notice; (b) by first-class mail, postage prepaid; (c) by telephone, either directly
to the director or to a person at the director's office who would reasonably be expected to
communicate that notice promptly to the director; or (d) by telegram, charges prepaid. All such
notices shall be given or sent to the director's address or telephone number as shown on the records
of the corporation.
Section 7.14. Time Requirements for Notice of Special Meetings. Notices sent by first-
class mail shall be deposited in the United States mails at least four days before the time set for the
meeting. Notices given by personal delivery, telephone, or telegraph shall be delivered, telephoned,
or given to the telegraph company at least 48 hours before the time set for the meeting.
Section 7.15. Notice Content. The notice shall state the time of the meeting, and the place,
if the place is other than the principal office of the Corporation. It need not specify the purpose of
the meeting.
Section 7.16. Quorum. A majority of the elected number of directors shall constitute a
quorum for the transaction of business, except to adjourn. Every action taken or decision made by
�a majority of the directors present at a duly held meeting at which a quorum is present shall be the
act of the Board, subject to the more stringent provisions of the California Nonprofit Public Benefit
Corporation Law, including, without limitation, those provisions relating to (a) approval of contracts
or transactions in which a director has a direct or indirect material financial interest, (b) approval
of certain transactions between corporations having common directorships, c) creation of and
appointment to committees of the Board, and (d) indemnification of directors. A meeting at which
a quorum is initially present may continue to transact business, despite the withdrawal of directors,
uccnsf\bylws.11796 5
if any action taken or decision made is approved by at least a majority of the required quorum of that
meeting.
Section 7.17. Waiver of Notice. Notice of a meeting need not be given to any director,
who, either before or after the meeting, signs a Waiver of Notice, a written consent to the holding
of the meeting, or an approval of the minutes of the meeting. The waiver of notice or consent need
not specify the purpose of the meeting. All such waivers, consents and approval shall be tiled with
the corporate records or made a part of the minutes of the meeting. Notice of a meeting need not
be given to any director who attends the meeting and does not protest, before or at the
commencement of the meeting, the lack of notice to him or her.
Section 7.18. Adjournment. A majority of the directors present, whether or not a quorum
is present, may adjourn any meeting to another time and place. Notice of the time and place of
holding an adjourned meeting need not be given unless the original meeting was adjourned for more
than twenty-four (24) hours. If the original meeting is adjourned for more than 24 hours, notice of
any adjournment to another time and place shall be given, before the time of the adjourned meeting,
to the directors who were not present at the time of the adjournment.
ARTICLE VIII
Section 8.1. Action Without A Meeting. Any action that the Board is required or
permitted to take may be taken without a meeting if all the members of the Board consent in writing
to the action; provided, however, that the consent of any director who has a material financial
interest in a transaction to which the Corporation is a party and who is an "interested director" as
defined in Section 5233 of the California Corporations Code shall not be required for approval of
that transaction. Such action by written consent shall have the same force and effect as any other
validly approved action of the Board. All such consents shall be filed with the minutes of the
proceedings of the Board.
ARTICLE IX
Section 9.1. Compensation and Reimbursement. Directors shall not receive compensation
for their services as directors or officers, but shall receive such reimbursement of expenses as the
Board may determine by resolution to be just and reasonable at the time that the resolution is
adopted.
ARTICLE X
Section 10.1. Committees of the Board. The Board, by resolution adopted by a majority
11cchsilbylws.1 l 796 6
of the directors then in office, provided a quorum is present, may create one or more committees,
each consisting of one (1) or more directors and other persons who are not Directors, to serve at the
pleasure of the Board. Appointments to committees of the Board shall be by majority vote of the
directors then in office. The Board may appoint one or more directors as alternate members of any
such committee, who may replace any absent member at any meeting. Any such committee, to the
extent provided in the Board resolution, shall have all the authority of the Board, except that no
committee, regardless of Board resolution, may:
Board;
committee;
10.1.1. Fill vacancies on the Board or any committee that has the authority of the
10.1.2. Fix compensation of the Directors for serving on the Board or on any
10.1.3. Amend or repeal Bylaws or adopt new Bylaws;
10.1.4. Amend or repeal any resolution of the Board that by its expressed terms was
not so amendable or repealable;
10.1.5. Create any other committees of the Board or appoint the members of the
committees of the Board; or
10.1.6. Approve any contract or transaction to which the Corporation is a party and
in which one or more of its directors has a material financial interest, except as special approval is
provided for in Section 5233(d)(3) of the California Corporations Code.
Section 10.2. Meetings And Actions Of Committees. Meetings and actions of committees
of the Board shall be governed by, held and taken in accordance with the provisions of these Bylaws
concerning meetings and.other Board actions, except that the time for regular meetings of such
committees and the calling of special meetings of such committees may be determined either by
Board resolution or, if there is none, by resolution of the committee of the Board. Minutes of each
meeting of any committee of the Board shall be kept and shall be filed with the corporate records.
The Board may adopt rules for the government of any committee, provided they are consistent with
these Bylaws or, in the absence of rules adopted by the Board, the committee may adopt such rules.
ARTICLE XI
Section 11.1. Officers of the Corporation. The officers of the Corporation shall be a
president, secretary, and treasurer. The Corporation may also have, at the Board's discretion, a one
or more past presidents, one or more vice-presidents, one or more assistant secretaries, one or more
assistant treasurers and such other officers as may be appointed in accordance with Section 11.03
of these Bylaws.
Vcchsflbvlws.11796 7
Section 11.2. Election Of Officers. The officers of the Corporation, except those appointed
under Section 11.3 of these Bylaws, shall be elected annually by the Board at the regular annual
meeting of the Board and shall serve at the pleasure of the Board, subject to the rights, if any, of any
officer under any contract of employment. If the election of officers shall not be held at such
meeting, such election shall be held as soon thereafter as conveniently may be. Each officer shall
hold office until his successor shall have been duly elected and shall have qualified.
Section 113. Other Officers. The Board may appoint and authorize the president or other
officer, to appoint any other officers that the Corporation may require. Each officer so appointed
shall have the title, hold office for the period, have the authority and perform the duties specified
in these Bylaws or determined by the Board.
Section 11.4. Removal Of Officer. Without prejudice to any rights of an officer under any
contract of employment, any officer may be removed with or without cause by the Board and also,
if the officer was not chosen by the Board, by any officer on whom the Board may confer that power
of removal.
Section 11.5. Resignation Of Officer. Any officer may resign at any time by giving
written notice to the Corporation. The resignation shall take effect as of the date the notice is
received or at any later time specified in the notice and, unless otherwise specified in the notice, the
resignation need not be accepted to be effective. Any resignation shall be without prejudice to the
rights, if any, of the Corporation under any contract to which the officer is a party.
Section 11.6. Vacancies In Office. A vacancy in any office because of death, resignation,
removal, disqualification, or any other cause shall be filled in the manner prescribed in these Bylaws
for regular appointments to that office, provided, however, that vacancies need not be filled on an
annual basis.
Section 11.7. Responsibilities Of Officers.
11.7.1. President. Subject to the control of the Board, the President shall be the
principal executive officer and general manager of the Corporation and shall supervise, direct and
control the Corporation's activities, affairs and officers. The President shall preside at all Board
meetings. The President shall have such other powers and duties as the Board or these Bylaws may
prescribe.
11.7.2. Vice -President. In the absence of the President or in the event of his
inability or refusal to act, the Vice -Presidents, if any, in order of their rank as fixed by the Board or,
if not ranked, a Vice -President designated by the Board, shall perform all duties of the President.
When so acting, a Vice -President shall have all powers of and be subject to all restrictions on the
president. The vice-president shall have such other powers and perform such other duties as the
Board or these Bylaws may prescribe.
Ucehsf\bylws.11796 8
11.23. Secretary.
11.23.1. Book of Minutes. The Secretary shall keep or cause to be kept, at
the Corporation's principal office or such other place as the Board may direct, a book of minutes of
all meetings, proceedings and actions of the Board, and of committees of the Board. The minutes
of meetings shall include the time and place that the meeting was held, whether the meeting was
annual, regular or special, and, if special, how authorized, the notice given and the names of those
-present at Board and committee meetings. The Secretary shall keep or cause to be kept, at the
principal office in California, a copy of the Articles of Incorporation and Bylaws, as amended to
date.
11.2.3.2. Records. The Secretary shall keep or cause to be kept, at the
Corporation's principal office or at a place determined by resolution of the Board, a record of the
Corporation's Directors, showing each director's name, address and telephone number.
11.233. Notices. Seal and Other Duties. The Secretary shall give, or cause
to be given, notice of all meetings of the Board and of committees of the Board required by these
Bylaws to be given. The Secretary shall keep the corporate seal in safe custody and shall have such
other powers and perform such other duties as the Board or these Bylaws may prescribe.
11.2.4. Treasurer.
11.2.4.1. Books of Account. The Treasurer shall keep and maintain, or
cause to be kept and maintained, adequate and correct books and accounts of the Corporation's
properties and transactions. The Treasurer shall send or cause to be given to the directors such
financial statements and reports as are required to be given by law, by these Bylaws or by the Board.
The books of account shall be open to inspection by any director at all reasonable times.
11.2.4.2. Deposits and Disbursements of Money and Valuables. The
Treasurer shall deposit, or cause to be deposited, all money and other valuables in the name and to
the credit of the Corporation with such depositories as the Board may designate, shall disburse the
Corporation's funds as the Board may order, shall render to the President and the Board, when
requested, an account of all transactions as chief financial officer and of the financial condition of
the Corporation, and shall have such other powers and perform such other duties as the Board or the
Bylaws may prescribe.
11.2.4.3. Bond. If required by the Board, the Treasurer shall give the
Corporation a bond in the amount and with the surety or sureties specified by the Board for faithful
performance of the duties of the office and for restoration to the Corporation of all its books, papers,
vouchers, money and other property of every kind in the possession or under the control of the
Treasurer on his or her death, resignation, retirement or removal from office.
Ucchsnbylws.11796 9
ARTICLE XII
Section 12.1. Right Of Indemnity. To the fullest extent permitted by law, this Corporation
shall indemnify its directors, officers, employees, and other persons described in Section 5238(a)
of the California Corporations Code, including persons formerly occupying any such position,
against all expenses, judgments, fines, settlements and other amounts actually and reasonably
incurred by them in connection with any "proceeding" as the term is used in that section, and
including an action by or in the right of the Corporation, by reason of the fact that the person is or
was a person described in that section. "Expenses," as used in these Bylaws, shall have the same
meaning as in Section 5238(a) of the California Corporations Code.
Section 12.2. Approval Of Indemnity. On written request to the Board by any person
seeking indemnification under Section 5238(b) or Section 5238(c) of the California Corporations
Code, the Board shall promptly determine under Section 5238(e) of the California Corporations
Code whether the applicable standard of conduct set forth in Section 5238(b) or Section 5238(c) has
been met, and if so, the Board shall authorize indemnification.
Section 12.3. Advancement Of Expenses. To the fullest extent permitted by law and
except as otherwise determined by the Board in a specific instance, expenses incurred by a person
seeking indemnification under Sections 12.01 and 12.02 of these Bylaws in defending any
proceeding covered by those Sections shall be advanced by the Corporation for final disposition of
the proceeding, on receipt by the Corporation of an undertaking by or on behalf of that person that
the advance will be repaid unless it is ultimately determined that the person is entitled to be
indemnified by the Corporation for those expenses.
ARTICLE XIII
Section 13.1. Insurance. The Corporation shall have the right to purchase and maintain
insurance to fullest extent permitted by law on behalf of its officers, directors, employees and other
agents, against any liability asserted against or incurred by any officer, director, employee or agent
in such capacity or arising out of the officer's, director's, employee's or agent's status as such.
ARTICLE XIV
Section 14.1. Contracts. The Board may authorize any officer or officers, agent or agents
of the Corporation, in addition to the officers so authorized by these By-laws, to enter into any
contract or execute and deliver any instrument in the name of and on behalf of the Corporation, and
such authority may be general or confined to specific instances.
Section 14.2. Checks, Drafts, Etc. All checks, drafts or orders for the payment of money,
notes or other evidences of indebtedness issued in the name of the Corporation, shall be signed by
11cchsnbylws.11796 10
such officer or officers, agent or agents of the Corporation and in such manner as shall from time
to time be determined by resolution of the Board. In the absence of such determination by the
Board, such instruments shall be signed by the Treasurer or an Assistant Treasurer and
countersigned by the President or a Vice -President of the Corporation.
Section 14.3. Deposits. All funds of the Corporation shall be deposited from time to time
to the credit of the Corporation in such banks, trust companies or other depositaries as the Board
may select.
Section 14.4. Gifts. The Board may accept on behalf of the Corporation any contribution,
gift, bequest or devise for the general purposes or for any special purpose of the Corporation.
Section 14.5. Limitation on Authority to Expend Funds/Execute Contracts No director
or officer shall obligate the corporation without specific authority from the Board. Attempts to
obligate the corporation without such authority are void. Any note, mortgage, evidence of
indebtedness, contract, share certificate, conveyance or other instrument in writing and any
assignment or endorsement thereof executed or entered into between this corporation and any other
person, may be signed by any person or persons and in such manner as from time to time shall be
determined by the Board and, unless so authorized by the Board, no officer, agent or employee shall
have any power or authority to bind the corporation by any contract or engagement or to pledge its
credit or render it liable for any purpose or amount.
ARTICLE XV
Section 15.1. Maintenance Of Corporate Records. The Corporation shall keep:
15.1.1. Adequate and correct books and records of account;
15.1.2. Written minutes of the proceedings of its Board, and committees of
the Board;
15.1.3. A record of each Director's name, address and telephone number;
15.1.4. A copy of the Articles of Incorporation and Bylaws of the Corporation
and any amendments thereto; and
15.1.5. Current copies of all insurance policies.
Section 15.2. Inspection By Directors. Every director shall have the absolute right at any
reasonable time to inspect the Corporation's books, records, documents of every kind, physical
properties, and the records of each of its subsidiaries. The inspection may be made in person or by
the director's agent or attorney. The right of inspection includes the right to copy and make extracts
11cchsf\bylws.11796 1 1
of documents.
ARTICLE XVI
Section 16.1. Amendments Of Bylaw. These Bylaws may be amended by vote or
written consent of the majority of the Board. Provided, however, that no new Bylaws or amended
Articles shall be adopted which would cause a loss of the Corporation's nonprofit status for federal
and state income tax purposes, nor any Bylaws or amended Articles be adopted which would be in
substantial conflict with the goals, purposes or objectives of this Corporation.
ARTICLE XVII
Section 17.1. Construction and Definition. As used in these Bylaws:
17.1.1. The present tense shall include the past and future tense, and the
future
tense shall include the present.
17.1.2. The masculine gender shall include the feminine and neuter.
17.1.3. The singular number shall include the plural number and the
plural number shall include the singular.
17.1.4. The word "shall" is mandatory and the word "may" is permissive.
17.1.5. The word "directors" and "board" as used in these Bylaws in relation
to any power or duty requiring collective action, mean "Board of Directors."
Ucchsf\bylws.11796
17.1.6. The term "person" includes both a legal entity and a natural person.
12
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,
Ron Morrison, Mayor
ATTEST:
Mic ael Dalla, City Clerk
APPROVED AS TO FORM:
/-- 7) 31.3i; .
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.
City City, California
C rk of the City of tional
By:
Deputy
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
PREPARED BY Rosemary Toscano ,,,( DEPARTMENT City Manager's Office
(Ext. 4391)
�`
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 sl 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
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
December 1, 2008
Ms. Mary Scott Knoll
Fair Housing Council of San Diego
625 Broadway, Suite 1114
San Diego, CA 92101
Dear Ms. Knoll,
On November 26th, 2008 an Agreement was entered between the City of
National City and Fair Housing Council of San Diego.
We are enclosing for your records a fully executed original agreement.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Housing & Grants Department
® Recycled Paper