HomeMy WebLinkAbout2009 CON Community Youth Athletic Center - CDBG 08-09SUBRECIPIENT AGREEMENT
By and Between the
City of National City and Community Youth Athlectic Center for
Program Name: Champs 4 Life Delinquency Prevention Program
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THIS AGREEMENT, entered this 16 day of !I "C" , 2009 by and between the City of National
City (herein called the "Grantee") and Community Youth Athletic Center (herein called the
"Subrecipient").
WHEREAS, the Grantee has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law
93-383; and
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such
funds;
NOW, THEREFORE, it is agreed between the parties hereto that;
SCOPE OF SERVICE
A. Activities: The Subrecipient will be responsible for administering the program titled, the
Champs 4 Life Delinquency Prevention Program in a manner satisfactory to the
Grantee and consistent with any standards required as a condition of providing these
funds. Such program will include activities eligible under the Community Development
Block Grant (CDBG) program, as specified in Exhibit A, attached and incorporated herein.
B. National Obiectives: All activities funded with CDGB funds must meet one of the CDBG
program's National Objectives: benefit low- and moderate -income persons; aid in the
prevention or elimination of slums or blight; or meet community development needs
having a particular urgency, as defined in 24 CFR 570.208
The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet
the National Objective of serving Low Income Persons
C. Levels of Accomplishment — Goals and Performance Measures: The levels of
accomplishment may include such measures as units rehabbed, persons or households
assisted, or meals served, and should also include time frames for performance. Refer to
Exhibit A for levels of program services.
D. Staffing: Subrecipient shall be responsible for staff and time to be allocated to each
activity, as set forthin Exhibit A, attached hereto and incorporated herein.
E. Performance Monitoring: The Grantee will monitor the performance of the Subrecipient
against goals and performance standards as stated above. Substandard performance as
determined by the Grantee will constitute noncompliance with this Agreement. If action to
correct such substandard performance is not taken by the Subrecipient within a
reasonable period of time after being notified by the Grantee, contract suspension or
termination procedures will be initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 15t day of July. 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 Subrecipient remains in control of CDBG
funds or other CDBG assets, including program income.
III. BUDGET
Any indirect costs charged must be consistent with the conditions of Paragraph VII (C)(2) of
this Agreement. Subrecipient shall adhere to the budget breakdown, attached as Exhibit B
and incorporated herein. Any amendments to the budget must be approved in writing by both
the Grantee and the Subrecipient.
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IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under
this Agreement shall not exceed Eighty Seven Thousand Four Hundred Eighty Dollars
($87,480). Drawdowns for the payment of eligible expenses shall be made against the line
item budgets specified in Paragraph III herein and in accordance with performance. Expenses
for general administration shall also be paid against the line item budgets specified in
Paragraph III and in accordance with performance.
Payments may be contingent upon certification of the Subrecipient's financial management
system in accordance with the standards specified in 24 CFR 84.21.
V. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic
means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or
sending. All notices and other written communications under this Agreement shall be
addressed to the individuals in the capacities indicated below, unless otherwise modified by
subsequent written notice.
Communication and details concerning this contract shall be directed to the following contract
representatives:
Grantee g
Subrecipient
Contact Person:
Carlos Aguirre
Contact Person:
Carlos Barragan, Jr.
Organization:
City of National City
Organization:
Community Youth Athletic Center
Address: 1243 National City Boulevard
National City, CA 91950-4301
Address: 1018 National City Blvd.
National City, CA 91950
Telephone:
(619) 336-4391
Telephone:
(619) 474-2922
Email:
caguirre@nationalcityca.gov
Email:
cyacboxing@sbcglobal.net
VI. GENERAL CONDITIONS
A. General Compliance: The Subrecipient agrees to comply with the requirements of
Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban
Development regulations concerning Community Development Block Grants (CDBG))
including subpart K of these regulations, except that (1) the Subrecipient does not
assume the recipient's environmental responsibilities described in 24 CFR 570.604 and
(2) the Subrecipient does not assume the recipient's responsibility for initiating the
review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to
comply with all other applicable Federal, state and local laws, regulations, and policies
governing the funds provided under this contract. The Subrecipient further agrees to
utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available.
B. "Independent Contractor": Nothing contained in this Agreement is intended to, or
shall be construed in any manner, as creating or establishing the relationship of
employer/employee between the parties. The Subrecipient shall at all times remain an
"independent contractor" with respect to the services to be performed under this
Agreement. The Grantee shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Workers'
Compensation Insurance, as the Subrecipient is an independent contractor.
C. Hold Harmless: The Subrecipient shall hold harmless, defend and indemnify the
Grantee from any and all claims, actions, suits, charges and judgments whatsoever that
arise out of the Subrecipient's performance or nonperformance of the services or subject
matter called for in this Agreement.
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D. Workers' Compensation: The Subrecipient shall provide Workers' Compensation
Insurance coverage for all of its employees involved in the performance of this
Agreement.
E. Insurance & Bonding: The Subrecipient shall carry sufficient insurance coverage to
protect contract assets from loss due to theft, fraud and/or undue physical damage, and
as a minimum shall purchase a blanket fidelity bond covering all employees in an
amount equal to cash advances from the Grantee.
The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR
84.31 and 84.48, Bonding and Insurance.
F. Grantee Recognition: The Subrecipient shall insure recognition of the role of the
Grantee in providing services through this Agreement. All activities, facilities and items
utilized pursuant to this Agreement shall be prominently labeled as to funding source. In
addition, the Subrecipient will include a reference to the support provided herein in all
publications made possible with funds made available under this Agreement.
G. Amendments: The Grantee or Subrecipient may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement, and are
executed in writing, signed by a duly authorized representative of each organization, and
approved by the Grantee's governing body. Such amendments shall not invalidate this
Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under
this Agreement.
The Grantee may, in its discretion, amend this Agreement to conform with Federal, state
or local governmental guidelines, policies and available funding amounts, or for other
reasons. If such amendments result in a change in the funding, the scope of services, or
schedule of the activities to be undertaken as part of this Agreement, such modifications
will be incorporated only by written amendment signed by both Grantee and
Subrecipient.
H. Suspension or Termination: In accordance with 24 CFR 85.43, the Grantee may
suspend or terminate this Agreement if the Subrecipient materially fails to comply with
any terms of this Agreement, which include (but are not limited to) the following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein,
or such statutes, regulations, executive orders, and HUD guidelines, policies or
directives as may become applicable at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner
its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the Grantee reports that are incorrect or
incomplete in any material respect.
The Grantee shall have the right, in accordance with 24 C.F.R. 85.43, to terminate this
Agreement immediately or withhold payment of invoice for failure of the SUB -RECIPIENT
to comply with the terms and conditions of this Agreement. Should the Grantee decide
to terminate this Agreement, after a full evaluation of all circumstances has been
completed, the SUB -RECIPIENT shall, upon written request, have the right to an appeal
process. A copy of the appeal process will be attached to any termination notice.
If the Grantee finds that the SUB -RECIPIENT has violated the terms and conditions of
this Agreement, the SUB -RECIPIENT may be required to:
1. Repay all monies received from the Grantee under this Agreement; and/or
2. Transfer possession of all materials and equipment purchased with grant money to
the Grantee.
In the case of early termination, a final payment may be made to the SUB -RECIPIENT
upon receipt of a Final Report and invoices covering eligible costs incurred prior to
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termination. The total of all payments, including the final payment, shall not exceed the
amount specified in this Agreement.
I. Termination for Convenience: In accordance with 24 CFR 85.44, this Agreement
may also be terminated for convenience by either the Grantee or the Sub -recipient, in
whole or in part, by setting forth the reasons for such termination, the effective date,
and, in the case of partial termination, the portion to be terminated. However, if in the
case of a partial termination, the Grantee determines that the remaining portion of the
award will not accomplish the purpose for which the award was made, the Grantee may
terminate the award in its entirety. Grantee and sub -recipient agree to provide written
notice to the other party thirty (30) days prior to the effective date of any termination,
in whole or part, for convenience.
VII. ADMINISTRATIVE REOUIREMENTS
A. Financial Management
1. Accounting Standards: The Subrecipient agrees to comply with 24 CFR 84.21-28
and agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation for
all costs incurred.
2. Cost Principles: The Subrecipient shall administer its program in conformance with
OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost
Principles for Educational Institutions," as applicable. These principles shall be
applied for all costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record Keeping
1. Records to be Maintained: The Subrecipient shall maintain all records required by
the Federal regulations specified in 24 CFR 570.506, that are pertinent to the
activities to be funded under this Agreement. Such records shall include but not be
limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition
of real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program;
f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
g. Other records necessary to document compliance with Subpart K of 24 CFR
Part 570.
2. Retention: The Subrecipient shall retain all financial records, supporting
documents, statistical records, and all other records pertinent to the Agreement for
a period of four (4) years. The retention period begins on the date of the submission
of the Grantee's annual performance and evaluation report to HUD in which the
activities assisted under the Agreement are reported on for the final time.
Notwithstanding the above, if there is litigation, claims, audits, negotiations or other
actions that involve any of the records cited and that have started before the
expiration of the four-year period, then such records must be retained until
completion of the actions and resolution of all issues, or the expiration of the four-
year period, whichever occurs later.
3. Client Data: The Subrecipient shall maintain client data demonstrating client
eligibility for services provided. Such data shall include, but not be limited to, client
name, address, income level or other basis for determining eligibility, and
description of service provided. Such information shall be made available to Grantee
monitors or their designees for review upon request.
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4. Disclosure: The Subrecipient understands that client information collected under
this contract is private and the use or disclosure of such information, when not
directly connected with the administration of the Grantee's or Subrecipient's
responsibilities with respect to services provided under this contract, is prohibited by
the State and for Federal law unless written consent is obtained from such person
receiving service and, in the case of a minor, that of a responsible parent/guardian.
5. Close-outs: The Subrecipient's obligation to the Grantee shall not end until all
close-out requirements are completed. Activities during this close-out period shall
include, but are not limited to: making final payments, disposing of program assets
(including the return of all unused materials, equipment, unspent cash advances,
program income balances, and accounts receivable to the Grantee), and determining
the custodianship of records. Not withstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the Subrecipient has control
over CDBG funds, including program income.
6. Audits & Inspections: All Subrecipient records with respect to any matters
covered by this Agreement shall be made available to the Grantee, grantor agency,
and the Comptroller General of the United States or any of their authorized
representatives, at any time during normal business hours, as often as deemed
necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
Any deficiencies noted in audit reports must be fully cleared by the Subrecipient
within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to
comply with the above audit requirements will constitute a violation of this contract
and may result in the withholding of future payments. The Subrecipient hereby
agrees to have an annual agency audit conducted in accordance with current
Grantee policy concerning subrecipient audits and OMB Circular A-133.
7. Additional Documentation: Subrecipient agrees to provide a list of its Board of
Directors, By -Laws, Exhibit C, and any additional documents, as required in Exhibit
"D" and "E," attached and incorporated herein.
C. Reporting and Payment Procedures
1. Program Income: The Subrecipient shall report quarterly all program income (as
defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds
made available under this contract. The use of program income by the Subrecipient
shall comply with the requirements set forth at 24 CFR 570.504. By way of further
limitations, the Subrecipient may use such income during the contract period for
activities permitted under this contract and shall reduce requests for additional funds
by the amount of any such program income balances on hand. All unexpended
program income shall be returned to the Grantee at the end of the contract period.
Any interest earned on cash advances from the U.S. Treasury and from funds held in
a revolving fund account is not program income and shall be remitted promptly to
the Grantee.
2. Indirect Costs: If indirect costs are charged, the Subrecipient will develop an
indirect cost allocation plan for determining the appropriate Subrecipient's share of
administrative costs and shall submit such plan to the Grantee for approval, in a
form specified by the Grantee.
3. Payment Procedures: The Grantee will pay to the Subrecipient funds available
under this Agreement based upon information submitted by the Subrecipient and
consistent with any approved budget and Grantee policy concerning payments. With
the exception of certain advances, payments will be made for eligible expenses
actually incurred by the Subrecipient, and not to exceed actual cash requirements.
Payments will be adjusted by the Grantee in accordance with advance fund and
program income balances available in Subrecipient accounts. In addition, the
Grantee reserves the right to liquidate funds available under this contract for costs
incurred by the Grantee on behalf of the Subrecipient.
4. Progress Reports: The Subrecipient shall submit regular Progress Reports to the
Grantee in the form, content, and frequency as required by the Grantee.
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D. Procurement:
1. Compliance: The Subrecipient shall comply with current Grantee policy concerning
the purchase of equipment and shall maintain inventory records of all non -
expendable personal property as defined by such policy as may be procured with
funds provided herein. All program assets (unexpended program income, property,
equipment, etc.) shall revert to the Grantee upon termination of this Agreement.
2. OMB Standards: Unless specified otherwise within this agreement, the
Subrecipient shall procure all materials, property, or services in accordance with the
requirements of 24 CFR 84.40-48.
3. Travel: The Subrecipient shall obtain written approval from the Grantee for any
travel outside the metropolitan area with funds provided under this Agreement.
E. Use and Reversion of Assets:
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and
570.504, as applicable, which include but are not limited to the following:
1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any
accounts receivable attributable to the use of funds under this Agreement at the
time of expiration, cancellation, or termination.
2. Real property under the Subrecipient's control that was acquired or improved, in
whole or in part, with funds under this Agreement in excess of $25,000 shall be used
to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five
(5) years after expiration of this Agreement [or such longer period of time as the
Grantee deems appropriate]. If the Subrecipient fails to use CDBG-assisted real
property in a manner that meets a CDBG National Objective for the prescribed
period of time, the Subrecipient shall pay the Grantee an amount equal to the
current fair market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Such payment shall constitute program income to the Grantee. The Subrecipient
may retain real property acquired or improved under this Agreement after the
expiration of the five-year period [or such longer period of time as the Grantee
deems appropriate].
3. In all cases in which equipment acquired, in whole or in part, with funds under this
Agreement is sold, the proceeds shall be program income (prorated to reflect the
extent to that funds received under this Agreement were used to acquire the
equipment). Equipment not needed by the Subrecipient for activities under this
Agreement shall be (a) transferred to the Grantee for the CDBG program or (b)
retained after compensating the Grantee [an amount equal to the current fair
market value of the equipment less the percentage of non-CDBG funds used to
acquire the equipment].
VIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING
REPLACEMENT
The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at
49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing
the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the
HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation
policies. [The Grantee may preempt the optional policies.] The Subrecipient shall provide
relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are
displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-
assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances,
resolutions and policies concerning the displacement of persons from their residences.
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IX. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance: The Subrecipient agrees to comply with local and state civil rights
ordinances here and with Title VI of the Civil Rights Act of 1964 as amended, Title
VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of
Title I of the Housing and Community Development Act of 1974 as amended, Section
504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order
11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.
2. Nondiscrimination: The Subrecipient agrees to comply with the non-
discrimination in employment and contracting opportunities laws, regulations, and
executive orders referenced in 24 CFR 570.607, as revised by Executive Order
13279. The applicable non-discrimination provisions in Section 109 of the HCDA are
still applicable.
4. Land Covenants: This contract is subject to the requirements of Title VI of the
Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard
to the sale, lease, or other transfer of land acquired, cleared or improved with
assistance provided under this contract, the Subrecipient shall cause or require a
covenant running with the land to be inserted in the deed or lease for such transfer,
prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use
or occupancy of such land, or in any improvements erected or to be erected thereon,
providing that the Grantee and the United States are beneficiaries of and entitled to
enforce such covenants. The Subrecipient, in undertaking its obligation to carry out
the program assisted hereunder, agrees to take such measures as are necessary to
enforce such covenant, and will not itself so discriminate.
4. Section 504: The Subrecipient agrees to comply with all Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794), which prohibits discrimination against the individuals with disabilities or
handicaps in any Federally assisted program. The Grantee shall provide the
Subrecipient with any guidelines necessary for compliance with that portion of the
regulations in force during the term of this Agreement.
B. Affirmative Action
1. Approved Plan: The Subrecipient agrees that it shall be committed to carry out
pursuant to the Grantee's specifications an Affirmative Action Program in keeping
with the principles as provided in President's Executive Order 11246 of September
24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient
to assist in the formulation of such program. The Subrecipient shall submit a plan for
an Affirmative Action Program for approval prior to the award of funds, consistent
with the policy in Exhibit "F", attached hereto and incorporated herein.
2. Women- and Minoritv-Owned Businesses (W/MBE): The Subrecipient will use
its best efforts to afford small businesses, minority business enterprises, and
women's business enterprises the maximum practicable opportunity to participate in
the performance of this contract. As used in this contract, the terms "small business"
means a business that meets the criteria set forth in section 3(a) of the Small
Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one (51) percent owned and controlled by
minority group members or women. For the purpose of this definition, "minority
group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or
Spanish -heritage Americans, Asian -Americans, and American Indians. The
Subrecipient may rely on written representations by businesses regarding their
status as minority and female business enterprises in lieu of an independent
investigation.
3. Access to Records: The Subrecipient shall furnish and cause each of its own
subrecipients or subcontractors to furnish all information and reports required
hereunder and will permit access to its books, records and accounts by the Grantee,
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HUD or its agent, or other authorized Federal officials for purposes of investigation
to ascertain compliance with the rules, regulations and provisions stated herein.
4. Notifications: The Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the agency contracting officer, advising
the labor union or worker's representative of the Subrecipient's commitments
hereunder, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5. Equal Employment Opportunity and Affirmative Action (EEO/AA)
Statement: The Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of the Subrecipient, state that it is an Equal
Opportunity or Affirmative Action employer.
6. Subcontract Provisions: The Subrecipient will include the provisions of
Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or
purchase order, specifically or by reference, so that such provisions will be binding
upon each of its own subrecipients or subcontractors.
C. Employment Restrictions
1. Prohibited Activity: The Subrecipient is prohibited from using funds provided
herein or personnel employed in the administration of the program for: political
activities; inherently religious activities; lobbying; political patronage; and nepotism
activities.
2. Labor Standards: The Subrecipient agrees to comply with the requirements of the
Secretary of Labor in accordance with the Davis -Bacon Act as amended, the
provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.)
and all other applicable Federal, state and local laws and regulations pertaining to
labor standards insofar as those acts apply to the performance of this Agreement.
The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C.
874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29
CFR Part 5. The Subrecipient shall maintain documentation that demonstrates
compliance with hour and wage requirements of this part. Such documentation shall
be made available to the Grantee for review upon request.
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property containing less than eight (8) units, all
contractors engaged under contracts in excess of $2,000.00 for construction,
renovation or repair work financed in whole or in part with assistance provided under
this contract, shall comply with Federal requirements adopted by the Grantee
pertaining to such contracts and with the applicable requirements of the regulations
of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the
payment of wages and ratio of apprentices and trainees to journey workers;
provided that, if wage rates higher than those required under the regulations are
imposed by state or local law, nothing hereunder is intended to relieve the
Subrecipient of its obligation, if any, to require payment of the higher wage. The
Subrecipient shall cause or require to be inserted in full, in all such contracts subject
to such regulations, provisions meeting the requirements of this paragraph.
3. "Section 3" Clause
a. Compliance: Compliance with the provisions of Section 3 of the HUD Act of
1968, as amended, and as implemented by the regulations set forth in 24 CFR
135, and all applicable rules and orders issued hereunder prior to the execution
of this contract, shall be a condition of the Federal financial assistance provided
under this contract and binding upon the Grantee, the Subrecipient and any of
the Subrecipient's subrecipients and subcontractors. Failure to fulfill these
requirements shall subject the Grantee, the Subrecipient and any of the
Subrecipient's subrecipients and subcontractors, their successors and assigns, to
those sanctions specified by the Agreement through which Federal assistance is
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provided. The Subrecipient certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3" requirements
and to include the following language in all subcontracts executed under this
Agreement:
"The work to be performed under this Agreement is a project
assisted under a program providing direct Federal financial
assistance from HUD and is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701). Section 3 requires that to the
greatest extent feasible opportunities for training and
employment be given to low- and very low-income residents of
the project area, and that contracts for work in connection with
the project be awarded to business concerns that provide
economic opportunities for low- and very low-income persons
residing in the metropolitan area in which the project is located."
The Subrecipient further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including
reduction and abatement of lead -based paint hazards), housing construction, or
other public construction project are given to low- and very low-income persons
residing within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to low- and very low-income
persons within the service area of the project or the neighborhood in which the
project is located, and to low- and very low-income participants in other HUD
programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead -based paint
hazards), housing construction, or other public construction project to business
concerns that provide economic opportunities for low- and very low-income
persons residing within the metropolitan area in which the CDBG-funded project
is located; where feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low-income residents within the
service area or the neighborhood in which the project is located, and to low- and
very low-income participants in other HUD programs.
The Subrecipient certifies and agrees that no contractual or other legal
incapacity exists that would prevent compliance with these requirements.
b. Notifications: The Subrecipient agrees to send to each labor organization or
representative of workers with which it has a collective bargaining agreement
or other contract or understanding, if any, a notice advising said labor
organization or worker's representative of its commitments under this Section
3 clause and shall post copies of the notice in conspicuous places available to
employees and applicants for employment or training.
c. Subcontracts: The Subrecipient will include this Section 3 clause in every
subcontract and will take appropriate action pursuant to the subcontract upon
a finding that the subcontractor is in violation of regulations issued by the
grantor agency. The Subrecipient will not subcontract with any entity where it
has notice or knowledge that the latter has been found in violation of
regulations under 24 CFR Part 135 and will not let any subcontract unless the
entity has first provided it with a preliminary statement of ability to comply
with the requirements of these regulations.
D. Conduct
1. Assignability: The Subrecipient shall not assign or transfer any interest in this
Agreement without the prior written consent of the Grantee thereto; provided,
however, that claims for money due or to become due to the Subrecipient from
the Grantee under this contract may be assigned to a bank, trust company, or
other financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to the Grantee.
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2. Subcontracts:
a. Approvals: The Subrecipient shall not enter into any subcontracts with any
agency or individual in the performance of this contract without the written
consent of the Grantee prior to the execution of such agreement.
b. Monitoring: The Subrecipient will monitor all subcontracted services on a
regular basis to assure contract compliance. Results of monitoring efforts shall
be summarized in written reports and supported with documented evidence of
follow-up actions taken to correct areas of noncompliance.
c. Content: The Subrecipient shall cause all of the provisions of this contract in
its entirety to be included in and made a part of any subcontract executed in
the performance of this Agreement.
d. Selection Process: The Subrecipient shall undertake to insure that all
subcontracts let in the performance of this Agreement shall be awarded on a
fair and open competition basis in accordance with applicable procurement
requirements. Executed copies of all subcontracts shall be forwarded to the
Grantee along with documentation concerning the selection process.
3. Hatch Act: The Subrecipient agrees that no funds provided, nor personnel
employed under this Agreement, shall be in any way or to any extent engaged in
the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.
4. Conflict of Interest: The Subrecipient agrees to abide by the provisions of 24
CFR 84.42 and 570.611, which include (but are not limited to) the following:
a. The Subrecipient shall maintain a written code or standards of conduct that
shall govern the performance of its officers, employees or agents engaged in
the award and administration of contracts supported by Federal funds.
b. No employee, officer or agent of the Subrecipient shall participate in the
selection, . or in the award, or administration of, a contract supported by
Federal funds if a conflict of interest, real or apparent, would be involved.
c. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a
position to participate in a decision -making process or gain inside information
with regard to such activities, may obtain a financial interest in any contract,
or have a financial interest in any contract, subcontract, or agreement with
respect to the CDBG-assisted activity, or with respect to the proceeds from the
CDBG-assisted activity, either for themselves or those with whom they have
business or immediate family ties, during their tenure or for a period of one
(1) year thereafter. For purposes of this paragraph, a "covered person"
includes any person who is an employee, agent, consultant, officer, or elected
or appointed official of the Grantee, the Subrecipient, or any designated public
agency.
5. Lobbying: The Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
Subrecipient Agreement
Page 10 of 13
b. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, it will
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions; and
c. It will require that the language of paragraph (d) of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all Subrecipients shall certify and
disclose accordingly:
d. Lobbying Certification: This certification is a material representation of
fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S.C. Any
person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each
such failure.
6. Copyright: If this contract results in any copyrightable material or inventions, the
Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive
and irrevocable license to reproduce, publish or otherwise use and to authorize
others to use, the work or materials for governmental purposes.
7. Religious Activities: The Subrecipient agrees that funds provided under this
Agreement will not be utilized for inherently religious activities prohibited by 24
CFR 570.200(j), such as worship, religious instruction, or proselytization.
X. ENVIRONMENTAL CONDITIONS
A. Air and Water: The Subrecipient agrees to comply with the following requirements
insofar as they apply to the performance of this Agreement:
• Clean Air Act, 42 U.S.C. , 7401, et seq.;
• Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and information, as
well as other requirements specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder;
• Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as
amended.
B. Flood Disaster Protection: In accordance with the requirements of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities
located in an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance Program
is obtained and maintained as a condition of financial assistance for acquisition or
construction purposes (including rehabilitation).
C. Lead -Based Paint: The Subrecipient agrees that any construction or rehabilitation of
residential structures with assistance provided under this Agreement shall be subject to
HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B.
Such regulations pertain to all CDBG-assisted housing and require that all owners,
prospective owners, and tenants of properties constructed prior to 1978 be properly
notified that such properties may include lead -based paint. Such notification shall point
out the hazards of lead -based paint and explain the symptoms, treatment and precautions
that should be taken when dealing with lead -based paint poisoning and the advisability
and availability of 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 Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic
Preservation Procedures for Protection of Historic Properties, insofar as they apply to the
performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, state, or local historic property list.
XI. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be
affected thereby and all other parts of this Agreement shall nevertheless be in full force and
effect.
XII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this Agreement.
XIII. WAIVER
The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its
right to act with respect to subsequent or similar breaches. The failure of the Grantee to
exercise or enforce any right or provision shall not constitute a waiver of such right or
provision.
XIV. INTERPRETATION OF THE AGREEMENT
The interpretation, validity, and enforcement of the Agreement shall be governed by and
construed under the laws of the State of California. The Agreement does not limit any other
rights or remedies available to the Grantee. The SUB -RECIPIENT shall be responsible for
complying with all local, state, and federal laws whether or not said laws are expressly stated
or referred to herein. Should any provision herein be found or deemed to be invalid, the
Agreement shall be construed as not containing such revision, and all other provisions which
are otherwise lawful shall remain in full force and effect, and to this end the provisions of this
Agreement are severable.
XV. ATTORNEY'S FEES
In the event any legal action or proceeding is commenced to interpret or enforce the terms
of, or obligations arising out of, this Agreement, or to recover damages for the breach thereof,
the party prevailing in any such action or proceeding shall be entitled to recover from the non -
prevailing party all reasonable attorney's fees, costs, and expenses incurred by the prevailing
party.
XVI. ENTIRE AGREEMENT
This agreement constitutes the entire agreement and the attachments referenced below
between the Grantee and the Subrecipient for the use of funds received under this Agreement
and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral, or written between the Grantee and the Subrecipient with respect to this
Agreement.
ATTACHMENTS
Exhibit A -Scope of Services
Exhibit B-Budget
Exhibit C-Board of Directors and Bylaws
Exhibit D-Technical Assistance Materials
Exhibit E-Affirmative Action Policy
Subrecipient Agreement
Page 12 of 13
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.
ity Youth Athletic Center
City of National City
Ron Morrison
Mayor, City of National City
APPROVED AS TO FORM
George Eiser
City Attorney
ATTEST
44a
City Clerk
arlos Barraan
Executive Director
Subrecipient Agreement
Page 13 of 13
EXHIBIT A
SCOPE OF SERVICES
1. The Program/ Project consists of the following activities:
Activity Description n ti
CDBG funding will enhance our ability to deliver and promote the progressive development
of the Champs 4 Life Delinquency Prevention Program at Community Youth Athletic Center
(CYAC). Activities to be undertaken with CDBG Funds will include Boxing and Fitness
equipment purchase, educational material for youth and their parents, utilizing short term
consultants to provide specific boxing and fitness training, education and leadership
training, administrative office and personnel support and resource development. For
example, the consultant for the administrative office support will 1) recruit, train and assess
center volunteers and program participants, 2) Complete and submit all necessary
programmatic CDBG reports and 3) plan, organize, supervise the delivery and the
coordination of program's stated goals and objectives. The consultant for resource
development will be responsible for researching, preparing and submitting grant proposals
to obtain additional funding to leverage the funds provided by CDBG.
The philosophy of the Champs 4 Life Delinquency Prevention Program is to give at -risk
youth ages 9-17 what they seek through street gang membership (supportive adults,
recognition and a place to belong) in an alternative, empowering, socially positive and
family format. Champs 4 Life Delinquency Prevention Program is carried out through
physical fitness training, academic skill building and leadership training, community
revitalization and workforce readiness development. The Champs 4 Life Program is the
primary strategy with the other programs (Teens Taking Action against Graffiti, Helpin'
Hans and Goin' Places Educational Enhancement) providing academic, education and social
development.
2. The following lists the staff and time commitments to be allocated to activity listed above.
Staff Me j berNaii e i Jtte-,'t - , ;r ,
x I o rs_Allocated
Carlos Barragan, Executive Director
855
Enqrique Diaz, Strength & Conditioning Instructor
426
Jessie Tanner, Boxing Instructor
388
Carlos Barragan Sr., Athletic Director
480
Oscar Talaro, Resource Director
160
Leticia Valdez, Administrative Assistant
360
3. Billing Method: Monthly X Quarterly
4. List the type of supporting documentation to be provided:
• Payroll Register
• Check Stub
• Expenditure Reimbursement Claim Form
• Expense Receipt
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 (existing)
x
_
Program Implementation
x
Provide Program Services
x
x
x
x
Exhibit B
Budget
Column A
Budget Item
Column B
CDBG Request
Column C
Other Sources
Column D
List Name(s) of Other
Sources
Column E
Total
Budget
Personnel
(List Salaried Position
Job Titles)
Director
$18,000.00
$34,000.00
Battle of the Badges
Fundraiser
$52,000.00
3 Boxing & Fitness
Instructors
21,000.00
21,000.00
Resource
Development
Director
2,880.00
2,880.00
Administrative
Assistant
3,600.00
3,600.00
Payroll Deductions
$10,500.00
*Other Resources
$10,500.00
Total Personnel
$45,480.00
$44,500.00
$89,980.00
Personal Services
(In —Kind)
2 Tutor
$5 760.00
** In -Kind Contribution
5,760.00
Receptionist
3,840.00
** In -Kind Contribution
3,840.00
Bookkeeper
2,400.00
** In -Kind Contribution
2,400.00
Total In Kind
Services
$12,000.00
$12,000.00
Operating Costs
Supplies
$4001.00
*Other Resources
$4001.00
Travel
6,000.00
*Other Resources
6,000.00
Fundraising
4,378.00
*Other Resources
4,378.00
Supplies (Education)
5000.00
5,000.00
Sports Equipment
$37,000.00
37,000.00
Insurance
5,440.00
*Other Resources
5,440.00
Professional Services
3,507.00
*Other Resources
3 507.00
Utilities
5,081.00
*Other Resources
5,081.00
Equipment Rental
3,152.00
*Other Resources
3,152.00
Property Tax
2 253.00
*Other Resources
2,253.00
Marketing
1,500.00
*Other Resources
1,500.00
Miscellaneous
950.00
*Other Resources
950.00
Total Direct Costs
$36,262.00
$78,262.00
Total
$87,480.00
$92,762.00
$180,242.00
*Other resources include individual and corporations, public grant and interest
income
**In -kind contributions see attachment A
ATTACHMENT A
COMMUNITY YOUTH ATHLETIC CENTER
Itemization of In -Kind Services*
Resources
Description
Amount of
time
Estimated
Value
2 Tutors
Provide educational
support and
supervision for
program participants
32 Hours per
month
($15.00)
$5,760.00 Annually
Receptionist
Support system For
facility
40 hours per
month
($11.00)
$5,280.00 Annually
Maintenance Person
Facility Maintenance
32 hours per
month
($10.00)
$3,840.00 Annually
Total per Year
$14,880.00
*Valuation of In -Kind Services (contributions) based on fair market
value
Exhibit C
Board of Directors
By -Laws
Community Youth Athletic Center
Board of Director
FY 08-09
President (3rd Term)
Clemente Casillas
South Bay Business Owner
Secretary (2nd Term)
Greg Thompson
Crime Laboratory Director
Office
San Diego County Sheriff Department
Patt Russell
Judge & Referee
State of California
Athletic Commission
Ernie Carrillo
President
Deputy Sheriff's Association
Anibal Solis
San Diego Police Department
(CYAC Alumni)
Reyes Franco
San Diego County District Attorney Office
International Liaison
(Retired)
Benny Flores
Community Representative
(CYAA Junior Robles Program Alumni)
Vice President (2nd Term)
Victor Nunez
Assistant District Attorney
San Diego District Attorney's Office
Treasurer (3rd Term)
Vince Lopez
San Diego County District Attorney's
Dr. Gerald Farrow
Retired Medical Physician
Jose Vargas
Community Representative
(CYAC Alumni)
Audey Arabo
President
California Independent Grocers
Salvador Rivera
Media Director
Sycuan Resort & Casino
Lilia Garcia
California La Raza Lawyers
Office of California Attorney General
BYLAWS OF
COMMUNITY YOUTH ATHLETIC CENTER
a California Nonprofit Public Benefit Corporation
ARTICLE I
NAME
The name of this corporation is COMMUNITY YOUTH
ATHLETIC CENTER
ARTICLE II
OFFICES
SECTION 2.01. PRINCIPAL OFFICE
The principal office for the transaction of the
activities and ,affairs of the corporation ("principal
office") is located at 2107 Wooden St. Ste. A San Diego County,
California. The Board of Directors ("the Board") may change
the principal office from one location to another. Any
change of location of the principal office shall be noted by
the Secretary on, these Bylaws opposite this section, or this
section may be amended to state the new location.
SECTION 2.02. OTHER OFFICES
The Board may at any time establish branch or subor-
dinate offices at any place or places where the corporation
is qualified to conduct its activities.
ARTICLE III
PURPOSES AND LIMITATIONS
SECTION 3.01. PURPOSES
This corporation is a nonprofit public benefit cor-
poration and is not organized for the private gain of any
person. It is organized under the California Nonprofit
Public Benefit. Corporation Law for charitable and public pur-
poses. This corporation is organized exclusively for chari-
table purposes within the meaning of Section 501(c)(3) of the
Internal Revenue Code of 1986 (or the corresponding provision
of any future United State Internal Revenue Law).
Notwithstanding any other provision of these Bylaws, this
corporation shall not, except to an insubstantial degree,
carry on or engage in any activities or exercise any powers
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public benefit
that are not in furtherance of the purposes of this cor-
poration, and the corporation shall not carry on any other
activities not permitted to be carried on (i) by a cor-
poratio)n exempt from Federal income tax under Section
501(c)(3) of the Internal Revenue Code of 1986 (or the
corresponding provision of any future United States Internal
Revenue Law); (i.i) by a corporation, contributions to which
are deductible under Section 170(c)(2) of the Internal
Revenue Code of 1986 (or the corresponding provision of any
future United States Internal Revenue Law).
SECTION 3.02. LIMITATIONS
(a) Political activity. No substantial part of the
activities of this corporation shall consist of carrying on
propaganda, or otherwise attempting to influence legislation,
and this corporation shall not participate in or intervene in
(including the publishing or distributing of statements in
connection with) any political campaign on behalf of any can-
didate for public office.
(b) Property. The property, assets, profits and
net income are dedicated irrevocably to the purposes set
forth in Section 3.01 above. No part of the profits or net
earnings of this corporation shall ever inure to the benefit
of any of its Directors, trustees, officers, members (if
any), employees, or to the benefit of any private
individual.
(c) Dissolution. Upon the winding up and dissolu-
tion of this corporation, after paying or adequately pro-
viding for the payment of the debts, obligations and liabili-
ties of the corporation, the remaining assets of this cor-
poration shall be distributed to a nonprofit fund, foundation
or corporation which is organized and operated exclusively
for charitable purposes and which has established its tax-
exempt status under Section 501(c)(3) of the Internal Revenue
Code of 1986 (or the corresponding provision of any future
inited .States internal Revenue Law.)
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ARTICLE IV
MEMBERSHIP
This (..'oloratin shall have no members.
publiz benefit
ARTICLE V
DIRECTORS
SECTION 5.01. POWERS
(a) General corporate powers. Subject to the pro-
visions and limitations of the California Nonprofit Public
Benefit Corporation Law and any other applicable laws, and
any limitation; of the Articles of Incorporation and of these
Bylaws, the activities and affairs of the corporation shall
be managed, and all corporate powers shall be exercised, by
or under the d i e: Lion of the Board.
(b) 3nec.. Ei.c Powers. Without prejudice to these
general po:aers, but subject to the same limitations, the
Directors shall have the power to:
(-i) Appoint and remove, at the pleasure of the
Board, all officers, agents and employees of the corporation;
prescribe powers and duties for them that are consistent with
law, with the Articles of Incorporation and with these
Bylaws; and fix their compensation and require from them
security for faithful performance of their duties.
(ii) Change the principal office or the prin-
cipal business office in the State of California from one
location to another; cause the corporation to be qualified to
conduct its activities in any other state, territory, depen-
dency or country and conduct its activities within or outside
the State of California; and designate any place within or
outside the State of California for the holding of any
meeting, inr)_odi_ng annual meetings.
(iii) Adopt and use a corporate seal and alter
the form the rc of ,
(�v) Borrow money and incur indebtedness on
behalf .t the corporation and cause to be executed and deli-
vered for the purposes of the corporation, in the corporate
name, promissory- notes, bonds, debentures, deeds of trust,
mortgages, pJ.nyes, hypothecations and other evidences of
debt and securities.
SECTION 5,02. NUMBER AND SELECTION OF DIRECTORS
AND RESTRICTIONS ON DIRECTORS
(a) Authorized number. The authorized number of
Directors shall be eight (8) Directors need not be resi-
dents of the Stale of California.
(b) Selection. The Board shall be selected as
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(i) Initial Directors. The initial Board mem-
bers shall be elected by the incorporator(s) named in the
corporation's Articles of Incorporation.
(li) Subsequent Directors. At the expiration
or earlier termination of the terms of office of the initial
Directors, their successors shall be chosen by a majority
vote of the members of the Board then in office, whether or
not less than a quorum, or by a sole remaining Director.
(c) Restrictions on Directors. Not more than
forty-nine percent (49%) of the persons serving on the Board
may be interested persons. An interested person is '(1) any
person being compensated by the corporation for services ren-
dered to it within the previous twelve (12) months, whether
as a full-time or part-time employee, independent contractor,
or otherwise; and (2) any brother, sister, ancestor, descen-
dant, spouse, brother --•in-law, sister-in-law, son-in-law,
daughter --in-law, mother-in-law or father-in-law of such per-
son. However, any violation of the provisions of this
paragraph shall not affect the validity or enforceability of
any transaction entered into by the corporation. A Director
may not participate in any vote on any proposed transaction
with another organization or entity of which such Director is
also an employee, principal or Director.
SECTION 5.03. TERM OF OFFICE OF DIRECTORS
The Directors newly appointed or selected in accor-
dance with section 5.02(b) shall hold office for a term of
one (1) year.
SECTION 5.04. VACANCIES
(a) Events causing vacancy. A vacancy or vacancies
on the Board shall exist on the occurrence of the following:
(1) the death, removal, suspension or resignation of any
Director; or (ii.) the declaration by resolution of the Board
of a vacancy in the office of a Director who has been
declared of unsound mind by an order of court or convicted of
a felony or has been found by final order or judgment of any
court to have breached a duty under sections 5230 and
following of the California Nonprofit Public Benefit
Corporation Law.
(b) Resignations. Except as provided in this sub-
section, any Director may resign effective upon giving writ-
ten notice to the Chairman of the Board, if any, or the
President or the Secretary of the Board, unless such notice
specifies a later time for the resignation to become effec-
tive. Except upon notice to the Attorney General of the
State of California, no Director may resign when the cor-
poration would there be left without a duly elected Director
or Directors in charge of its affairs.
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(t) Fi ..l. ,.j vacancies. Any vacancy on the Board
shall be filled by vote of the remaining Directors, whether
or not less than a quorum or by a sole remaining Director.
(d) No vacant on reduction of number of Directors.
No reduction of the authorized number of Directors shall have
the effect of removing any Director before the Director's
term of office expires.
SECTION 5.05. PLACE OF MEETINGS; MEETINGS BY TELEPHONE
Meetings of the Board shall be held at the principal
office of the corporation or at such other place as has been
designated big the Board. In the absence of any such designa-
tion, meetings shall be held at the principal office of the
corporation. :any meeting may be held by conference telephone
or similar communication equipment, so long as all Directors
participating in the meeting can hear one another, and all
such Directors shall be deemed to be present in person at
such meeting.
SECTION 5.06. ANNUAL, REGULAR AND SPECIAL MEETINGS
(a) Annual Meeting. The Board shall hold an annual
meeting in conjunction with the regularly scheduled Board
meeting in ttie month of February of each year for the
purpose of organization, election of officers and the tran-
saction of other business; provided, however, that the Board
may fix another time for the holding of its annual meeting.
Notice of this meeting shall not be required.
(b) Other Regular Meetings. The Board shall hold
at least (4) regular business meetings throughout the year;
said meetings shall be held without call and on a date to be
fixed by resolution of the Board; provided, however, any
given monthly meeting may be dispensed with by majority vote
of the Board. Such regular meetings may be held without
notice.
(c) 41pecial Meetings.
(i) Authority To Call. Special meetings of
the Board for any purpose may be called at any time by the
Chairman of the Board, if any, the President or any Vice
President, or the Secretary or any two Directors.
i) Notice.
a. Manner of Giving Notice. Notice of
the time and place of special meetings shall be given to each
Director by one of the following methods:
notice;
1. by personal delivery of written
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public benefit
2. by first-class mail, postage pre-
paid;
3. by telephone, either directly to
the Director or to a person at :he Director's office who
would reasonably be expected to communicate that notice
promptly to the Director; or
4. by telegram, charges prepaid.
All such notices shall be given or sent to
the Director's address and/or telephone number as shown on
the records of the corporation.
b. Time Requirements. Notices sent by
first-class mail shall be deposited in the United States
mails at least four (4) days before the time set Eor the
meeting. Notices given by personal delivery, telephone, or
telegraph shall be delivered, telephoned, or given to the
telegraph company at least forty-eight (48) hours before the
time set for the meeting.
Notice Contents. The notice shall
state the time of the meeting, and the place if the place is
other than the principal office of the corporation. It need
not specify the purpose of the meeting.
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puhlic benefit
SECTION 5.07, QUORUM
A majority of the authorized number of Directors
shall constitute a quorum for the transaction of business,
except to adjourn as provided in section 5.09. Subject to
the more stringent provisions of the California Nonprofit
Public Benefit Corporation Law, including, without limita-
tion, those provisions relating to (i) approval of contracts
or transactions in which a Director has a direct or indirect
material financial interest, (ii) approval of certain tran-
sactions between corporations having common directorship,
(iii) creation of an appointment of committees of the Board
and (iv) indemnification of Directors, every act or decision
done or made by a majority of the Directors present at a
meeting duly held at which a quorum is present shall be
regarded as the act of the Board. A meeting at which a
quorum is initially present may continue to transact busi-
ness, notwithstanding the withdrawal of Directors, if any
action taken is approved by at least a majority of the
required quorum for that meeting.
SECTION 5.08. WAIVER OF NOTICE
Notice of a meeting need not be given any Director
who signs a waiver of notice or a written consent to holding
the meeting or an approval of the minutes thereof, whether
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public benefit
before or after the meeting. The waiver of notice or consent
need not specify the purpose of the meeting. All such
waivers, consents and approvals shall be filed with the cor-
porate records or made a part of the minutes of the meetings.
Notice of a meeting need not be given any Director who
attends the meeting without protesting before or at its com-
mencement the lack of notice to such Director.
SECTION 5.09. ADJOURNMENT
A majority of the Directors present, whether or not
a quorum is present, may adjourn any meeting to another time
and place.
SECTION 5.10. NOTICE OF ADJOURNED MEETING
Notice of the time and place of holding an adjourned
meeting need not be given, unless the original meeting is
adjourned for more than twenty-four (24) hours, in which case
notice of any adjournment to another time and place shall be
given before the time of the adjourned meeting to the
Directors who were not present at the time of the adjourn-
ment..
SECTION 5.11. ACTION WITHOUT MEETING
Any action required or permitted to be taken by the
Board may be taken without a meeting, if all members of the
Board consent in writing to that action. Such action by
written consent shall have the same force and effect as any
other validly approved action of the Board. Such written
consent or consents shall be filed with the minutes of the
proceedings of the Board. For the purposes of this Section
5.11 only, "all members of the Board" shall not include
Directors who have a material financial interest in a trans-
action to which the corporation is a party.
•6 (b) -
public benefit
ARTICLE VI
COMMITTEES
SECTION 6.01. COMMITTEES OF THE BOARD
The Board, by resolution adopted by a majority of
the Directors then in office, may create one or more commit-
tees, each consisting of two or more Directors, to serve at
the pleasure of the Board. Appointments to committees of the
Board shall be by majority vote of the Directors then in
office. The Board may appoint one or more Directors as
alternate members of any such committee, who may replace an
absent member at any meeting. Any such committee, to the
extent provided in the resolution of the Board, shall have
all of the authority of the Board, except that no committee,
regardless of Board resolution, may:
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(a) fill vacancies on the Board or in any committee
which has the authority of the Board;
(b) establish or fix compensation of the Directors
for serving on the Board or on any committee;
(c) amend or repeal Bylaws or adopt new Bylaws;
(d) amend or repeal any resolution of the Board
which by its express terms is not so amendable or repealable;
(e) appoint any other committees of the Board or
the members of these committees;
(f) approve any contract or transaction to which
the corporation is a party and. in which one or more of its
Directors has a material financial interest, except as such
approval is provided for in Section 5233(d)(3) of the
California Corporations Code.
SECTION 6.02. MEETINGS AND ACTIONS OF THE COMMITTEES
Meetings and action of committees of the Board shall
be governed by, held and taken in accordance with the provi-
sions of Article V of these Bylaws, concerning meetings and
other action of the Board, except that the time for regular
meetings of such committees and the calling of special
meetings thereof may be determined either by resolution of
the Board or, if there is no Board resolution, by resolution
of the committee of the Board. Minutes shall be kept of each
meeting of any committee of the Board and shall be filed with
the corporate records. The Board may adopt rules for the
government of any committee not inconsistent with the provi-
sions of these Bylaws or in the absence of rules adopted by
the Board, the committee may adopt such rules.
ARTICLE VII
OFFICERS
SECTION 7.01. OFFICERS
The officers of the corporation shall include a
President, a Secretary, and a Chief Financial Officer. The
corporation may also have, at the Board's discretion, a
Chairman of the Board, one or more Vice Presidents, one or
more assistant Secretaries, one or more assistant Treasurers,
and such other officers as may be appointed in accordance
with Section 7.03 of these Bylaws. Any number of offices may
be held by the same person, except that neither the Secretary
nor the Chief Financial Officer may serve concurrently as
either the President or the Chairman of the Board.
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SECTION 7.0 , ELECTION OF OFFICERS
The officers of the corporation, except those
appointed in accordance with the provisions of Section 7.03
of this Article VII, shall be chosen by the Board of
Directors, and each shall serve at the pleasure of the Board,
subject to the rights, if any, of an officer under any
contract of employment.
SECTION 7.03. OTHER OFFICERS
The Board may appoint and may authorize the Chairman
of the Board or. the President or another officer to appoint
any other officers that the corporation may require, each of
whom shall have the title, hold office for the period, have
the authority and perform the duties specified in the Bylaws
or determined from time to time bar the Board.
SECTION 7.04. REMOVAL OF OFFICERS
Subject to the rights, if any, of an officer under
any contract of employment, any officer may be removed, with
or without cause, by the Board of Directors, or, except in
case of an officer chosen by the Board of Directors, by an
officer on whom such power of removal may be conferred by the
Board of Directors.
SECTION 7.05. RESIGNATION OF OFFICERS
Any officer may resign upon written notice to the
corporation without prejudice to the rights, if any, of the
corporation under any contract to which the officer i.s a
party.
SECTION 7.06. VACANCIES IN OFFICE
A vacancy occurring in any office because of death,
resignation, removal or other cause, shall be filled in the
manner prescribed in these Bylaws for regular appointments to
that office.
SECTION 7.07. RESPONSIBILITIES OF OFFICERS
(a) Chairman of the Board. If a Chairman of the
Board i.s elected, he or she shall preside at meetings of the
Board and shall exercise and perform such other powers and
duties as the Board may assign from time to time. If there
is no President, the Chairman of the Board shall also be the
Chief Executive Officer and shall have the powers and duties
of the President of the corporation prescribed by these
Bylaws.
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(b) Presidcnt./Chi of Executive Officer. Subject to
the control and supervision of the Board, the President shall
be the Chief Executive Officer and general manager of the
corporation and shall generally supervise, direct and control
the activities and affairs and the officers of the cor-
poration. The President, in the absence of the Chairman of
the Board, or if there be none, shall preside at all meetings
of the Board. The President shall have such other powers and
duties as may be prescribed by the Board or these Bylaws.
(c) Vice Presidents. In the absence or disability
of the President, the Vice Presidents, if any, in order of
their rank, shall perform all of the duties of the President,
and, when so acting, shall have all the powers of and be sub-
ject to all of the restrictions upon the President. The Vice
Presidents shall ha\re such other powers and perform such
other duties as from time to time may be prescribed for them
by the Board or the Bylaws.
(di
Secretary..
(i) Book of minutes. The Secretary shall keep
or cause to be kept, at the principal office or such other
place as the Board may direct, a book of minutes of all
meetings and actions of the Board and of committees of the
Board. The Secretary shall also keep, or cause to be kept,
at the principal office in the State of California, a copy of
the Articles of Incorporation and Bylaws, as amended to date.
If the corporation is one having members, the Secretary shall
also maintain a complete and accurate record of the mem-
bership of the corporation, as well as a record of the pro-
ceedings of all meetings of the membership.
(i i) Notices, seal and other duties. The
Secretary shall give, or cause to be given, notice of all
meetings of the Board and of committees of the Board required
by these Bylaws to be given. The Secretary shall keep the
seal of the corporation in safe custody and shall have such
other powers and perform such other duties as may be
prescribed by the Board or the Bylaws.
(e) Chief Financial Officer.
(i) Books of account. The Chief Financial
Officer of the co{.por:-tion shall keep or maintain, or cause
to be kept or maintained, adequate and correct books and
accounts of the properties and transactions of the cor-
poration, and shall send or cause to be sent to the Directors
such financial statements and reports as are required by law
or these Bylaws to be given. The books of account shall be
open to inspection by any Director at all reasonable times.
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(i i ) Deposit and disbursement of money and
valuables. The Chief Financial Officer shall deposit all
money and other v:iluables in the name and to the credit of
the corporation with such depositories as may be designated
by the Board, shall disburse the funds of the corporation as
may be ordered by the Board, shall render to the President or
Chairman of the Board, if any, when requested, an account of
all transactions as Chief Financial Officer and of the finan-
cial condition of the corporation and shall have other powers
and perform such other duties as may be prescribed by th.
Board or the Bylaws
(iii) Bond. If required by the Board, the Chief
Financial Or ices 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 'f all its books, papers,
vouchers, money and other property of every kind in the
possession or under the control of the Chief Financial
Officer upon death, resignation, retirement or removal from
office.
ARTICLE VIII
INDEMNIFICATION AND INSURANCE
SECTION 8.01. INDEMNIFICATION
(a) Right. of Indemnity. To the full extent per-
mitted. by law, this corporation shall indemnify its
Directors, officers, employees and other persons described in
Section 5238(a) of the California Corporation Code, including
persons forine.ty occupying any such position, against all
expenses, judgments, tines, settlements and other amounts
actually and reasonably incurred- i.n connection with any
"proceeding", as that term is used in such Section and
including an action by or in the right of the corporation, by
reason of the fact that such person is or was a person
described by such Section. "Expenses", as used in this
Bylaw, shall have the same meaning as i.n Section 5238(a) of
the California Corporation Code.
(b) Approval of Indemnity. Upon written request to
the Board by any person seeking indemnification under Section
5238(b) or Section 5238(c) of the California Corporation
Code, the Board shall promptly determine in accordance with
Section 5238(e) of the Code whether the applicable standard
of conduct set forth i.n Section 5238(b) or Section 5238(c)
has been met and, if so, the Board shall authorize indem-
nification., If the Board cannot authorize indemnification
because the number of Di rectors who are parties to the pro-
ceeding with respect to which indemnification is sought is
such as to prevent the formation of a quorum of Directors who
are not: parties to such proceeding, the Board or the attorney
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or other pe::e, :l t'l i,:_e:t.J.n: services in connection with the
defense sha].:i. ;--ply to the court i.n which such proceeding is
or was pending; to d Ler:ui.ne whether the applicable standard
of conduct. set forth in Section 5238(b) or Section 5238(c)
has been met,
(c) Advancement of Expenses. To the full extent
permitted by law and except as is otherwise determined by the
Board in a specific instance, expenses incurred by a person
seeking indemnification under these Bylaws in defending any
proceeding covered by these Bylaws shall be advanced by the
corporation prior to the final disposition of the proceeding
upon receipt by i:.he crperation of an undertaking by or on
behalf of such person that the advance will be repaid unless
it is uitiuiat.eL; deteiwined that such person is entitled to
be indemni r.iri ?. the corporation therefor.
SECTION 8.02. INSURANCE
The cor:porati on shall have the right to purchase and
maintain insurance to the full extent permitted by law on
behalf of its officers, Directors, employees and other agents
of the corporation, against any liability asserted against or
incurred by an officer, Director, employee or agent i.n such
capacity or arising out of the officer's, Director's,
employee's or agent's status as such.
ARTICLE IX
RECORDS AND REPORTS
SECTION 9.01. ,MAINTENANCE OF CORPORATE RECORDS
The cor.1:.,l anion shall keep:
(a) Adequate and correct books and records of
account;
(L) ni;iutee in written form of the proceedings of
the Board and committees of the Board.
(c) If aeplicable, a record of its members, giving
their names and �_ddcesse : and the class of membership held.
SECTION 9A2. INSPECTION BY DIRECTORS
Every Director shall have the absolute right at any
reasonable time to inspect all books, records and documents
of every kind a,id the physical properties of the corporation
and the ;_eco de of each of its subsidiary corporations. This
inspection bya Director may be made in person or by an agent
or attorney, and the right of inspection includes the right
to copy anci ,hake e :tracts of documents.
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SECTION 9.03. ANNUAL REPORT
Except as provided under Section 6321(c)(d) or (f)
of the California Corporations Code, not later than one
hundred twenty (120) days after the close of the fiscal year
of the corporation, the Board shall cause an annual report to
be sent to all members of the Board. Such report shall con-
tain the following information in reasonable detail:
(i) The assets and liabilities, including the
trust funds, of the corporation as of the end of the fiscal
year.
(ii) The principal changes in assets and liabi-
lities, including trust funds, during the fiscal year.
(ili) The revenue or receipts of the corporation,
both unrestricted and restricted to particular purposes, for
the fiscal year.
(iv) The expenses or disbursements of the cor-
poration, for both general and restricted purposes, during
the fiscal year.
(v) Any information required by Section 9.04.
SECTION 9.04. ANNUAL STATEMENT OF CERTAIN
TRANSACTIONS AND INDEMNIFICATIONS
The corporation shall prepare annually and furnish
to each director a statement of any transaction or indem-
nification of the following kind within one hundred twenty
(120) days after the close of the fiscal year of the cor-
poration:
(a) Any transaction to which the corporation, its
parent or its subsidiary was a party, and in which any
Director or officer of the corporation, its parent or sub-
sidiary (but mere common director -ship shall not be con-
sidered such an interest) had a direct or indirect material
financial interest, if such transaction involved over fifty
thousand dollars ($50,000), or was one of a number of trans-
actions with the same person involving, in the aggregate,
over fifty thousand dollars ($50,000).
(b) Any indemnifications or advances aggregating
more than ten thousand dollars ($10,000) paid during the
fiscal year to any officer or Director of the corporation
pursuant to Section 8.01 hereof.
The statement shall include a brief description of
the transaction, the names of the Director(s) or officer(s)
involved, their relationship to the corporation, the nature
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of such person's interest in the transaction and, where
practicable, the amount of such interest; provided, that in
the case of a partnership in which such person is a partner,
only the interest of the partnership need be stated.
ARTICLE X
CONSTRUCTION AND DEFINITIONS
Unless the context otherwise requires, the general
provisions, rules of construction and definitions in the
California Nonprofit Public Benefit Corporation Law shall
govern the construction of these Bylaws. Without limiting
the generality of the above, the masculine gender includes
the feminine and neuter, the singular includes the plural and
the plural includes the singular and the term "person"
includes both a legal entity and a natural person.
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ARTICLE XI
AMENDMENTS
SECTION 11.01, ACTION BY THE BOARD
The Bylaws may be amended or repealed and new Bylaws
may by adopted by a majority vote of the Board.
SECTION 11.02. LIMITATIONS ON AMENDMENT OF BYLAWS
Where any provision of these Bylaws requires the
vote of a larger proportion of the Directors than otherwise
is required by law, such provision may not be altered,
amended or repealed except by the vote of such greater
number. No amendment may extend the term of a Director
beyond that for which such Director was elected.
SECTION 11.03. MAINTENANCE OF RECORDS
The Secretary of the corporation shall see that a
true and correct copy of all amendments of the Bylaws, duly
certified by the Secretary; is attached to the official
Bylaws of the corporation and is maintained with the official
records of the corporation at the principal office of the
corporation.
///
///
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public benefit
CER'T'IFICATE OF SECRETARY
I, the undersigned, certify that I am the presently
elected and acting Secretary of Community Youth
Athletic Center a California Nonprofit
Public Benefit Corporation, and the above Bylaws, are the
Bylaws of this corporation as adopted at a meeting of the
Board of Di rectors held on November 7, , 19 97.
Executed on November 7,
California.
, 19 97 at San Diego ,
El i zp th Barragan ,Secretary
vibfir, ben,. fit
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.
American Specialty
2/25/2009 11:59:27 AM PAGE 3/003 Fax Server
RODUCER
CERTIFICATE OF INSURANCE L 02124,'2009
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
American Specialty Insurance & Risk Service;.,In
'I 4-. North Main Street
Roanoke. Indiana 46783
INSURED
Unir_d States Amateur B,ixing, Inc, d/bia USA Boxing
One Olympic Pla-r,
Colorado Springs. CO ti090a
OCiUNITY YOUTH ATHLETIC CENTER
1ii!3 NA I ZONAL CITY BLVD
NATIONAL CITY. CA > 105ii
ONLY AND CONFERS NO RIGHTS UPON 171E CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR
ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW.
INSURERS AFFORDING COVERAGE
INS. A. AXIS Insurance Company
iNS B.
INS C
CEA-I Nui.,1Bf.R 1000748044
COVERAGES
THIS IS TO CERTIFY 'THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITION OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS
LTR
POLICY
TYPE
POLICY NUMBER
POLICY
EFFECTIVE
POLICY
EXPIRATION
LIMITS
A
GL
AXGL01100120-08
10.01/2008
12:01 a
10/01;2009
12:01 a m
General Aggregate
5000000
Products -Completed Operations Aggregate
1000,000
Personal and Advertising Injury
1,000000
Each Occurrence
1,000,000
Damage to Premises Rented to Yoy (Any One Premises(
300 000
Medical Expense Limit (Any One Persons
Excluded
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
- (Average is excluded for ANY martial arts or kick -boxing activities regardless of whether they are part of a USA Boxing sanctioned activity or club activily
The General Liability policy Contains a Sell Insurer' 1 telention and is SuIJlect to trte suns of S100 000 per o.a:ureirne and $2i0.000 in accumulaied annual acggregale losses
- The certitic:ateholder is only an additional insured with respect to liability caused by the negligence of the Named Insured as per Form AX IS1003• Additional Insured - Cerlilicalelxolrters.
and only with respect to USA Boxing Member Athletes. Coaches and Officials with respect to USA Boxing san lioned activities and for supervised club approved practice and Ireining of
USA Boxing member athletes for LISA Boxiiiq sanctioned activities, eft,'x-ive February 23, 2009
CERTIFICATE HOLDER
CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD
NATIONAL CITY, CA 91950
CANCELLATION
swim D Arty OF FHF. ABOVE DESCRIBE D
F'VLICIES BE CANCELED BEFORE THE
I XP111ATIUN DATE THEREOF, THE ISSUING
COMPANY t'VILL ENDEAVOR TO MAIL 30 DAYS
WRITTEN NOTICE 10 THE CcRFIFK:ATE
HOL DER, BUT FAILURE 10 MAII. SUGII Ni if II;E
SHALL IMPOSE NO OL3LIGAI ION oft t IAL4ILI1Y
:1E ANY KIND UPON 111C COMPANY, ! FS
AGENTS OR REPRESENTATIVES
AUTHORIZED REPRESENTATIVE
)22)6.3:4C6
American Specialty insurance & Risk Services, Inc also conducts business as A 3.1 R S I. Insurance Ayancy in the state of California
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - CERTIFICATE HOLDERS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SECTION II — WHO IS AN INSURED is amended to include any Certificate Holder, identified as an
additional insured on a Certificate of Insurance issued by American Specialty Insurance & Risk Services,
Inc dba ASIRSI Insurance Agency, American Specialty Insurance & Risk Services Agency, and A S
Insurance & Risk Services Agency, but only for liability arising out of the negligence of the named
insured
The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those
limits specified in a contract or agreement These limits are inclusive of and not in addition to the limits of
insurance shown in the declarations
All other terms and conditions remain unchanged
AXIS 1003(02/08) Page 1 of 1
NONPRUNTT
ACORDW CERTIFICATE OF LIABILITY INSURANCE
DATE (MMJDO/YYYY)
2/13/2009
PRODUCER Commercial Lines - (650) 839-6000
Wells Fargo of California Insurance Services Inc.
305 Walnut Street
Redwood City, CA 94063.1731
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
Community Youth Athletic Center
1018 National City Blvd.
National City, CA 91950
INSURER iv. NonProfils' United Ins Vehicle Pool
INSURER B:
INSURER C:
INSURER D.
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTV
ADD
NSRD
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/OD/YY)_
POLICY EXPIRATION
DATE (Mf,VDONYI
LIMITS
GENERAL
LIABILITY
COMMERCIAL GENERAL- LIABILITY
EACH OCCURRENCE
$
ENTED
PREMISES(Ea otturr nsol
$
CLAIMS MADE I I OCCUR
MED EXP (My ono person)
$
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
$
GENt AGGREGATE LIMIT APPLIES PER:
POLICY ElJEGT I I LOC
PRODUCTS - COMP/OP AGG
$
A
-
AUTOMOBILE
X
-
LIABILITY
ANY AUTO
ALL OWNED AUTOS
NPU1000-08
7/1/2008
7/1/2009
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY
(Per person)
S
BODILY INJURY
(Per ecddent)
$
PROPERTY DAMAGE
(Par accident)
$
GARAGE
LIABILITY
AUTO ONLY- EA ACCIDENT
$
OTHER THAN EA ACC
$
AUTO ONLY: AGG
$
EXCESS/UMBRELLA
IAOILITY
EACH OCCURRENCE
$
AGGREGATE
$
$
$
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
Uyos, doscnbo under
SPECIAL PROVISIONS below
I TORY LIMITS OFR
EL EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE.
$
E.L. DISEASE - POLICY LIMIT
$
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
RE:Member #1586 Any Aulo means any covered auto under the NPU Vehicle Insurance Program. The City of National City, its elected otf(dals, officers,
agents and employees are included as additional Insured per the attached endorsement.
CERTIFICATE HOLDER
CANCELLATION ten Uay Notice for Non-F'aymen
City Attorneys Office
1243 National City Blvd.
National City, CA 91950.4301
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL SD DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE a.4
ACORD 25 (2001/08) 1 of 2 391876
® ACORD CORPORATION 1988
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S (2001/08) 2 of 2
#S915260/M915043
NonProfits' United
Vehicle Insurance Pool
Vehicle Liability Coverage
Additional Covered Party Endorsement
The Who is Covered section of your Vehicle Liability Insurance is changed by adding the
following:
Who is Covered includes any person or organization from whom you have
leased an auto, from whom you have received funding for your operations, or for
whom you provide services. These persons or organizations are protected, if
they require to be named, and you agree to name them, as an additional
insured, if indicated on the attached Certificate of Coverage, but only with
respect to liability arising out of the ownership, use, maintenance, loading or
unloading of a covered auto.
Cancellation:
Should any of the above described policies be cancelled before the expiration date thereof, the
Issuing insurer will endeavor to mail 30 days written notice to the certificate holder named on
the certificate, but failure to do so shall impose no obligation or liability of any kind upon the
insurer, its agents or representatives.
Premium Payments:
Those persons or organizations are not responsible for paying premiums for your coverage.
insured and Policy Number: As shown on Certificate of Insurance attached.
Effective Date:
7/1/2008
Authorized Representative:
6. 20L79.. 4: 32PI°l
O.6r2.-P.1 1
STATE
P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATIoN
INIBURANCR
�U N ID CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
MARCH 6, 2009 POLICY NUMBER: 723-09 UNIT 0000633
CERTIFICATE EXPIRES: 3-1-10
THE CITY OF NATIONAL CITY
CITY ATTORNEY'S OFFICE
1243 NATIONAL CITY BLVD
NATIONAL CITY CA 91950-4301 JOB: ALL CALIFORNIA OPERATIONS
POLICY INCEPTION DATE:
03-07--2009
SDDO
This is to certify that we have Issued a valid Workers' Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy Is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer.
We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance Is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy
listed herein, Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this
certificate of insurance may be Issued or to which it may pertain, the insurance afforded by the policy described herein is subject
to all the terms, exclusions and conditions at such policy.
AUTHORIZED REPRESENTATIVE
PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE
03/07/09 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
THIRD PARTY NAME: THE CITY OF NATIONAL CITY, CITY ATTORNEY'S OFFICE
EMPLOYER
COMMUNITY YOUTH ATHLETIC CENTER
1018 NATIONAL CITY BLVD
NATIONAL CITY CA 91950
r :v[6 r. uasa
scIF 10262 (REV.02-06)
03-06-09
15:18 Frum-State Comp Ins
+858 552-7096 T-364 P.001/001 F-667
STATE COMPENSATION INSURANCE FUND
CONDITIONAL RECEIPT
This is to certify that we, in consideration of the total deposit premium and any mandatory surcharge of S1310. and
the full premium to be adjusted later upon the total remuneration of employees during the policy period
3/7/09 to 3/1/10 , agree to issue a valid worker's
compensation insurance policy in a form approved by the California Insurance Commissioner to•
Community Youth Athletics Center
1018 National City Blvd
National City, CA 91950
ATTN:- Mr. Carlos Barragan
Fax (619)474-4646
THE EXECUTIVE OFFICE OF THE FUND RESERVES THE AUTHORITY TO GRANT INSURANCE COVERAGE AND THE
RIGHT TO REJECT ANY AND ALL APPLICATIONS, BUT WHEN ACCEPTED, INSURANCE WILL BE MADE EFrECTIVE AT
12;01 AM. PACIFIC STANDARD TIME THE DAY FOLLOWING RECEIPT OF THE COMPLETED APPLICATION FOR
CALIFORNIA WORKER'S COMPENSATION INSURANCE AND YOUR CHECK FOR THE DEPOSIT PREMIUM AND ANY
MANDATORY SURCHARGE BY THE FUND UNLESS A LATER DATE IS REQUESTED BY YOU.
POLICY NUMBER -
7 2 3 - 6 3 3
DIVIDEND STATEMENT
UNDER CALIFORNIA LAW IT 1S UNLAWFUL FOR AN INSURER TO PROMISE THE FUTURE PAYMENT OF DIVIDENDS
UNDER AN UNEXPIRED WORKERS' COMPENSATION POLICY OR TO MISREPRESENT THE CONDITIONS FOR DIVIDEND
PAYMENT. DIVIDENDS ARE PAYABLE ONLY PURSUANT TO CONDITIONS DETERMINED BY THE BOARD OF DIRECTOI=,:
OR OTHER GOVERNING BOARD OF THE COMPANY FOLLOWING POLICY EXPIRATION
ITIS A MISDEMEANOR FOR ANY INSURER OR OFFICER OR AGENT THEREOF, OR ANY INSURANCE BROKER OR
SOLICITOR TO PROMISE THE PAYMENT OF FUTURE WORKER'S COMPENSATION DIVIDENDS.
THE STATE COMPENSATION INSURANCE FUND HAS AN UNINTERRUPTED HISTORY OF DIVIDEND PAYMENTS SINCE
THE INCEPTION OF OPERATIONS IN 1914. OUR DIVIDEND PROGRAM PROVIDES THAT UPON THE TERMINATION OF
EACH POLICY YEAR AND AFTER ADJUSTMENT OF PREMIUM, YOU WILL BE ENTITLED TO PARTICIPATE IN ANY
DIVIDEND PLAN APPUCABLE TO THIS POLICY WHICH MAY BE APPROVED FOR DISTRIBUTION BY OUR EIOARD OF
DIRECTORS IF THE FINAL PREMIUM DETERMINED AT THE END OF THE POLICY PERIOD IS MORE THAN THE MINIMU•.`
PREMIUM, WITH THE FOLLOWING EXCEPTIONS:
YOU WILL NOT BE ALLOWED TO PARTICIPATE IF
YOU FAIL TO PAY ANY PART OF THE PREMIUM FOR THIS POLICY AFTER WE REQUEST PAYMENT IN WRITING, OR
ALLOW IT TO REMAIN UNPAID FOR 90 DAYS AFTER WE MAIL A STATEMENT OF PREMIUM TO YOU AT THE MAILING
ADDRESS SHOWN IN THE DECLARATIONS.
YOU DO NOT KEEP ADEQUATE RECORDS OF INFORMATION NEEDED TO COMPUTE PREMIUM, OR DO NOT PROVID.:
THEM TO US WHEN WE ASK FOR THEM; OR
WE MUST BRING SUIT AGAINST YOU TO OBTAIN THE RECORDS NECESSARY FOR US TO COMPUTE PREMIUM, OR -
ENFORCE THE COLLECTION OF ALL OR ANY PART OF THE PREMIUM FOR THIS POLICY.
YOUR PARTICIPATION WILL BE ACCORDING TO THE RULES ADOPTED BY OUR BOARD OF DIRECTORS.
RESOLUTION NO. 2008 — 259
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING THE 2008/2009 ANNUAL ACTION PLAN
AMENDMENT NO. 1 FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) AND THE 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) Program for the Federal Government under the United States Department of Housing
and Urban Development (HUD); and
WHEREAS, the Dept. of 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 a Substantial Annual Action Plan Amendment; and
WHEREAS, the City Council conducted a duly advertised public hearing on
September 2, 2008, October 7, 2008, October 21, 2008, and December 2, 2008; and
WHEREAS, the Annual Action Plan Amendment 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 Annual Action Plan
Amendment No. 1, attached hereto as Exhibit "A", includes a listing of projects/activities to be
undertaken in FY 2008-2009 utilizing CDBG and HOME program income available; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
National City hereby approves and authorizes the submission of the FY 2008-2009 Annual
Action Plan Amendment No. 1 for the CDBG and HOME funds to the U.S. Department of
Housing and Urban Development (HUD).
PASSED and ADOPTED this 2nd day of Decem2008.
Ron Morrison, Mayor
ATTEST:
Mi hael R. Dalla7
City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
City of National City
AMENDMENT#1 TO THE FISCAL YEAR (FY) 2008-2009 ANNUAL ACTION PLAN
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FY 2008-2009 SUPPLEMENTAL FUNDING FROM PROGRAM INCOME
FY 2008- 2009 SUPPLEMENTAL CDBG FROM PROGRAM INCOME _
PROPOSED
AGENCY NAME / OBJECTIVE CATEGORY / NUMBER TO BE
ACTIVITY NAME OUTCOME CATEGORY SERVED
PUBLIC SERVICE ACTIVITIES
1
2
5
Integrity Charter School/ ICS Technology
Enhancement
National City Host Lions Club/ National
City Youth Enhancement
Community Youth Athletic Center/ Champs
for Life Delinquency Prevention Program
Boys and Girls Clubs of National City/ Day
Canjp Program
National City Diablos / National City Pop
Warner Youth Football and Cheer Program
Suitable Living Environment /
Availability -Accessibility
Suitable Living Environment /
Availability -Accessibility
Suitable Living Environment /
Availability -Accessibility
Suitable Living Environment /
Availability -Accessibility
Suitable Living Environment /
Availability -Accessibility
2 070,000
CDBG
FUNDING
104 Households
1000 Households
220 individuals
75 individuals
450 Individuals
TOTAL FOR PUBLIC SERVICE ACTIVITIES
PRIOR YEAR COMMITMENTS FOR PHYSICAL IMPROVEMENT ACTIVITIES
Public Facility Improvement Activities
6 City of National City - Fire Department /
Fire Station Construction - Section 108
Loan Payment
Suitable Living Environment /
Availability -Accessibility
1 Public Facility
Improvement
$40,000
1102,98/
$87,480
130,033_
$ 50,000
$310L500
$1,759,500
TOTAL FOR PRIOR YEAR COMMITMENTS $1,759,500
HOME INVESTMENT PARTNERSHIPS ACT (HOME) PROGRAM
FY 2008-2009 SUPPLEMENTAL FUNDING FROM PROGRAM INCOME
SUPPLMENTAL FY 2008- 2009 HOME PROGRAM ENTITLEMENT
1 200 000
AGENCY NAME /
ACTIVITY NAME
AFFORDABLE HOUSING ACTIVITIES
7 Casa Familiar/Mitch Thompson/Don
Countryman / National City Small Site
AcAtrisition & Rehabilitation Program
8 Habitat for Humanity / 1441 Harding Ave
(New In fill Housing Construction)
OBJECTIVE CATEGORY / I_
OUTCOME CATEGORY
Decent Housing /
Affordability
Decent Housing /
Affordability
HOME
FUNDING
18 Households I $92/881
3 Households I $272, 1 19 -
TOTAL FOR AFFORDABLE HOUSING ACTIVITIES _ $1,200,000
Fourth Program Year Action Plan (Amendment 4-1)
Passed and adopted by the Council of the City of National City, California, on
December 2, 2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Zarate.
Nays: None.
Absent: Councilmember Natividad.
Abstain: None.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
frdisjA)
City eerk of the City gINational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-259 of the City of National City, California, passed and
adopted by the Council of said City on December 2, 2008.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE December 2, 2008 AGENDA ITEM NO.
27
(I-TEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING THE FISCAL YEAR (FY) 2008-2009 ANNUAL ACTION PLAN AMENDMENT #1 FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP
ACT (HOME) PROGRAMS
PREPARED BY Carlos Aguirre DEPARTMENT Community Development
(Ext. 4391) Housing and Grants Division
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 Amendment.
The Annual Action Plan (AAP) Amendment 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 Amendment includes a listing of projects/activities to be
undertaken in FY 2008-2009 utilizing CDBG and HOME program income available.
Environmental Review NI N/A
Financial Statement Approved By:
Finance Director
The amount of funding available for FY 2008-2009 supplemental cycle for each program is as follows:
Community Development Block Grant - $2,070,000
Home Investment Partnership Program - $1,200,000
Account No.
STAFF RECOMMENDATION
Adopt attached resolution.
BOARD / COMMISSION RECOMMENDATION
Not applicable to this report.
ATTACHMENTS ( Listed Below) Resolution No.
Attachment 1: Resolution for Amendment #1 to the Dept of HUD FY 2008-2009 Annual Action Plan
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
March 17, 2009
Mr. Carlos Barragan, Jr.
Community Youth Athletic Center
1018 National City Blvd.
National City, CA 91950
Dear Mr. Barragan,
On March 16th, 2009, an Agreement was entered between the City of National
City and Community Youth Athletic Center.
We are enclosing for your records a fully executed original agreement.
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Housing & Grants Department
® Recycled Paper