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Home My WebLink About2009 CON Community Food Bank of National City - CDBG 08-09SUBRECIPIENT AGREEMENT By and Between the City of National City and Community Food Bank of National City for Program Name: Project Hunger/ Project Independence THIS AGREEMENT, entered thisk\ day of MAR ��'` , 2009 by and between the City of National City (herein called the "Grantee") and Community Food Bank of National City (herein called the "Sub -recipient"). WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Sub -recipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; SCOPE OF SERVICE A. Activities: The Sub -recipient will be responsible for administering the program titled, The Proiect Hunger/ Proiect Independence Procaram in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include activities eligible under the Community Development Block Grant (CDBG) program, as specified in Exhibit A, attached and incorporated herein. B. National Objectives: All activities funded with CDGB funds must meet one of the CDBG program's National Objectives: benefit low- and moderate -income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 The Sub -recipient certifies that the activity(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 rehabilitated; persons or households assisted, or meals served, and should also include time frames for performance. Refer to Exhibit A for levels of program services. D. Staffing: Sub -recipient shall be responsible for staff and time to be allocated to each activity, as set forth in Exhibit A, attached hereto and incorporated herein. E. Performance Monitoring: The Grantee will monitor the performance of the Sub - recipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Sub - recipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE Services of the Sub -recipient shall start on the 1st day of July, 2008 and end on the 30th day of June of 2009 in the case of Public Services and in the case of Capital Improvements end on June 30, 2010. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub -recipient remains in control of CDBG funds or other CDBG assets, including program income. III. BUDGET Any indirect costs charged must be consistent with the conditions of Paragraph VII (C)(2) of this Agreement. Sub -recipient shall adhere to the budget breakdown, attached as Exhibit B Sub recipient Agreement Page 1 of 13 and incorporated herein. Any amendments to the budget must be approved in writing by both the Grantee and the Sub -recipient. IV. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed Ten Thousand Dollars ($10,000). Draw downs for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance. Payments may be contingent upon certification of the Sub -recipient's financial management system in accordance with the standards specified in 24 CFR 84.21. V. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: Grantee Sub -recipient Contact Person: Carlos Aguirre Contact Person: Charles Black Organization: City of National City Organization: Community Food Bank of National City Address: 1243 National City Boulevard National City, CA 91950-4301 Address: 2605 Highland Ave, National City, CA 91950 Telephone: (619) 336-4391 Telephone: (619)787-2035 Email: caguirre@nationalcityca.gov Email: DOCDAVIDW@aol.com VI. GENERAL CONDITIONS A. General Compliance: The Sub -recipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Sub -recipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Sub -recipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Sub -recipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Sub -recipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. "Independent Contractor": Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Sub -recipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Sub -recipient is an independent contractor. C. Hold Harmless: The Sub -recipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that Sub -recipient Agreement Page 2 of 13 arise out of the Sub -recipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers' Compensation: The Sub -recipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. E. Insurance & Bonding: The Sub -recipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. The Sub -recipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantee Recognition: The Sub -recipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Sub -recipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments: The Grantee or Sub -recipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Sub -recipient from its obligations under this Agreement. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Sub - recipient. H. Suspension or Termination: In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Sub -recipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Sub -recipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Sub -recipient to the Grantee reports that are incorrect or incomplete in any material respect. The Grantee shall have the right, in accordance with 24 C.F.R. 85.43, to terminate this Agreement immediately or withhold payment of invoice for failure of the SUB -RECIPIENT to comply with the terms and conditions of this Agreement. Should the Grantee decide to terminate this Agreement, after a full evaluation of all circumstances has been completed, the SUB -RECIPIENT shall, upon written request, have the right to an appeal process. A copy of the appeal process will be attached to any termination notice. If the Grantee finds that the SUB -RECIPIENT has violated the terms and conditions of this Agreement, the SUB -RECIPIENT may be required to: 1. Repay all monies received from the Grantee under this Agreement; and/or 2. Transfer possession of all materials and equipment purchased with grant money to the Grantee. Sub -recipient Agreement Page 3 of is VII. In the case of early termination, a final payment may be made to the SUB -RECIPIENT upon receipt of a Final Report and invoices covering eligible costs incurred prior to termination. The total of all payments, including the final payment, shall not exceed the amount specified in this Agreement. I. Termination for Convenience: In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Sub -recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. Grantee and sub -recipient agree to provide written notice to the other party thirty (30) days prior to the effective date of any termination, in whole or part, for convenience. ADMINISTRATIVE REOUIREMENTS A. Financial Managements 1. Accounting Standards: The Sub -recipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles: The Sub -recipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping 1. Records to be maintained: The Sub -recipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention: The Sub -recipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four- year period, whichever occurs later. 3. Client Data: The Sub -recipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and Sub -recipient Agreement Page 4. of 13 description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 4. Disclosure: The Sub -recipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Sub -recipient's responsibilities with respect to services provided under this contract, is prohibited by the State and for Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs: The Sub -recipient's obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Sub -recipient has control over CDBG funds, including program income. 6. Audits & Inspections: All Sub -recipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Sub -recipient within 30 days after receipt by the Sub -recipient. Failure of the Sub -recipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Sub -recipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning sub -recipient audits and OMB Circular A-133. 7. Additional Documentation: Sub -recipient agrees to provide a list of its Board of Directors, By -Laws, Exhibit C, and any additional documents, as required in Exhibit "D" and "E," attached and incorporated herein. C. Reporting and Payment Procedures 1. Program Income: The Sub -recipient shall report quarterly all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Sub -recipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Sub -recipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to the Grantee at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. 2. Indirect Costs: If indirect costs are charged, the Sub -recipient will develop an indirect cost allocation plan for determining the appropriate Sub -recipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 3. Payment Procedures: The Grantee will pay to the Sub -recipient funds available under this Agreement based upon information submitted by the Sub -recipient and consistent with any approved budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Sub -recipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Sub -recipient accounts. In addition, the Sub -recipient Agreement Page 5 of 13 Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Sub -recipient. 4. Progress Reports: The Sub -recipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee. D. Procurement: 1. Compliance: The Sub -recipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement. 2. OMB Standards: Unless specified otherwise within this agreement, the Sub - recipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. 3. Travel: The Sub -recipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets: The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Sub -recipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Sub -recipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement [or such longer period of time as the Grantee deems appropriate]. If the Sub -recipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Sub -recipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Sub -recipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the Grantee deems appropriate]. • 3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Sub -recipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. VIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT The Sub -recipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation Sub -recipient Agreement Page 6 of 13 policies. [The Grantee may preempt the optional policies.] The Sub -recipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG- assisted project. The Sub -recipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. IX. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance: The Sub -recipient agrees to comply with local and state civil rights ordinances here and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. B. 2. Nondiscrimination: The Sub -recipient agrees to comply with the non- discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 4. Land Covenants: This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Sub -recipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Sub -recipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504: The Sub -recipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Sub - recipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. Affirmative Action 1. Approved Plan: The Sub -recipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Sub - recipient to assist in the formulation of such program. The Sub -recipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds, consistent with the policy in Exhibit "F", attached hereto and incorporated herein. 2. Women- and Minoritv-Owned Businesses (W/MBE): The Sub -recipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Sub -recipient Agreement Page 7 of 13 Spanish -heritage Americans, Asian -Americans, and American Indians. The Sub - recipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records: The Sub -recipient shall furnish and cause each of its own sub - recipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications: The Sub -recipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Sub -recipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement: The Sub -recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Sub -recipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions: The Sub -recipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own sub -recipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity: The Sub -recipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards: The Sub -recipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Sub -recipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Sub -recipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Sub -recipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Sub - recipient of its obligation, if any, to require payment of the higher wage. The Sub - recipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance: Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR Sub -recipient Agreement Page 8 of 13 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Sub -recipient and any of the Sub -recipient's sub -recipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Sub -recipient and any of the Sub - recipient's sub -recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Sub -recipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Sub -recipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Sub -recipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Sub -recipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications: The Sub -recipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts: The Sub -recipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Sub -recipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Sub -recipient Agreement Page 9 of 13 D. Conduct 1. Assignability: The Sub -recipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Sub -recipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts: a. Approvals: The Sub -recipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. b. Monitoring: The Sub -recipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content: The Sub -recipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process: The Sub -recipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. 3. Hatch Act: The Sub -recipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest: The Sub -recipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Sub -recipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Sub -recipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Sub -recipient, or any designated public agency. 5. Lobbying: The Sub -recipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an Sub -recipient Agreement Page to of 13 officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all Sub -recipients shall certify and disclose accordingly: d. Lobbying Certification: This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright: If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Activities: The Sub -recipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytizing. X. ENVIRONMENTAL CONDITIONS A. Air and Water: The Sub -recipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: • Clean Air Act, 42 U.S.C. , 7401, et seq.; • Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there -under; • Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection: In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Sub -recipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint: The Sub -recipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Sub -recipient Agreement Page 11 of 13 Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation: The Sub -recipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. XI. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. XII. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. XIII. WAIVER The Grantee's failure to act with respect to a breach by the Sub -recipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XIV. INTERPRETATION OF THE AGREEMENT The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. The Agreement does not limit any other rights or remedies available to the Grantee. The SUB -RECIPIENT shall be responsible for complying with all local, state, and federal laws whether or not said laws are expressly stated or referred to herein. Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not containing such revision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are severable. XV. ATTORNEY'S FEES In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of, this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non - prevailing party all reasonable attorney's fees, costs, and expenses incurred by the prevailing party. Sub -recipient Agreement Page 12 of 13 XVI. ENTIRE AGREEMENT This agreement constitutes the entire agreement and the attachments referenced below between the Grantee and the Sub -recipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Sub -recipient with respect to this Agreement. ATTACHMENTS Exhibit A -Scope of Services Exhibit B-Budget Exhibit C-Board of Directors and Bylaws Exhibit D-Technical Assistance Materials Exhibit E-Affirmative Action Policy IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. City tional City Coinm,unity Food Bank of National on Morrison Charles Black Mayor, City of National City APPROVED AS TO FORM George Eiser City Attorney Executive Director Sub -recipient Agreement Page 13 of 13 Exhibit A- Scope of Services Community Food Bank of National City 1. The Pro ram consists of the following activities: Adi ity,l�escriptioin �_' :, The CFBNC operates the following food distribution programs: 1. Senior Distribution Program provided on the 3rd Wednesday morning of every month serving approximately 450 senior households each month; 2. The Pregnant Women and Women with Children Program also provided on the 3rd Wednesday morning of every month serving approximately 35-50 households every month; 3. The Commodities Program provided on the 2nd Friday of the month serving approximately 125 households (or 465 persons/individuals); and 4. Temporary Assistance or Crisis Bags Program provided on the other two Fridays of the month and by special appointment. For each of Friday distribution days this program is serving approximately 40-50 persons. The Senior Distribution, Pregnant Women w/Children, and the Commodities Program's are all made possible by the Sand Diego Food Bank's Commodity Supplemental Food Program (CSFP), which provides food and nutrition education to eligible low-income pregnant women, women 12 months postpartum, and breast-feeding mothers, children less than six years of age and seniors over the age of 60. Each participant receives one box of food per month. The box contains a variety of food including infant formula, evaporated milk, instant non -fat milk, canned meats, peanut butter, canned fruits and vegetables, cheese, rice, pasta, fruit juice and cereal. This program is funded by the United States Department of Agriculture. In San Diego County, the San Diego Food Bank (SDFB) administers CSFP in cooperation with the California Department of Education. CDBG funding will be utilized to offset the volunteer fuel cost via a fuel stipend reimbursement process that will be directly overseen by the program's director, Mr. Chuck Black. In addition, funding will be utilized to pay for fuel and maintenance expenses for the program's only food pick- up truck and for general operating costs such as utility expenses. Approximately $4,500 will be utilized to purchase a commercial grade freezer adequately cool/freeze donated food to insure the wholesomeness of food until used or redistributed. 2. The following lists the staff and time commitments to be allocated to activity listed above. Staff .Member-Name'and„Title and. Hot rs;Allocated Food distribution at the National City Food Bank is made possible by teams of community volunteers. The totals estimated annual volunteer hours contributed by the core volunteers is approximately, 3,600 hours. The core volunteer team consists of the following individuals: 1. Chuck Black, Director - 1,450 Volunteer Hours per Year 2. Roberta VanMechelen, Secretary - 450 Volunteer Hours per Year 3. Jan Hawken, Treasurer - 300 Volunteer Hours per Year 4. Delores Winstone, Food Distributor - 300 Volunteer Hours per Year 5. Tom Winstone, Food Distributor - 250 Volunteer Hours per Year 6. Fernando Zambrano, Donation Pick -Up Driver - 300 Volunteer Hours per Year 7. Bill Keister, Donation Pick -Up Driver - 200 Volunteer Hours per Year 8. Charles Towers, Donation Pick -Up Driver - 350 Volunteer Hours per Year 3. Billing Method: Monthly Quarterly Annual X 4. List the type of supporting documentation: Utility invoices, receipts, invoices, etc. 5. List the major/key activity milestones: MONTH MAJOR ACTIVITY MILESTONES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Program Implementation X X X X X X X X X X X X Provide Program Services X X X X X X X X X X X X Purchase Equipment X X X EXHIBIT B BUDGET Agency Name: Community Food Bank of National City Activity Name: CFBNC Project Hunger/ Project Independence CDBG OTHER TOTAL Description BUDGET RESOURCES BUDGET 1) Personnel (Direct labor) - - 2) Fringe Benefits - - 3) Travel 4) Supplies and Materials Food Supplies 2,500.00 Fuel Expense 1,100.00 _ Vehicle Maintenance 1,000.00 Office Supplies/Phone/Copies 1,000.00 Freezer 4,400.00 5) Sub Total for Direct Costs 6) Indirect Costs (Overhead) TOTAL $ 10,000 1 $ - $ - EXHIBIT C BOARD OF DIRECTORS & BYLAWS To be provided by Subrecipient THE COMMUNITY FOOD BANK OF NATIONAL CITY BOARD OF DIRECTORS FOUNDER / DIRECTOR / CHAIRMAN OF THE BOARD OF DIRECTORS CHUCK BLACK TREASURER OF THE CORPORATION JAN HAWKEN SECRETARY OF THE CORPORATION BOBBI VAN MECHLEN MEMBER OF THE BOARD OF DIRECTORS SAM LYNCH MEMBER OF THE BOARD OF DIRECTORS DELORES WINSTONE CONSTITUTION AND BYLAWS OF COMMUNITY FOOD BANK OF NATIONAL CITY, INC. PREAMBLE We declare and establish this constitution and by-laws to preserve and secure the integrity of the Community Food Bank of National City, INC. and to conduct our the ministry in an orderly manner. I. NAME The name of this corporation shall be known as -COMMUNITY FOOD BANK OF NATIONAL CITY, INC., a domestic non-profit corporation, Corporation Number'C2067138, located at 2605 Highland Avenue, National City, California 91950, hereafter referred to as Community Food Bank II, PURPOSE OF COMMUNITY FOOD BANK AND USE OF ASSETS The sole purpose of the Community Food Bank is to provide emergency food assistance to residents and transient people who are without adequate food for themselves and/or their families. Any moneys raised or earned by Community Food Bank is for the purpose of supporting the purpose of the Community Food Bank. All assets of the Community Food Bank are pledged for use in the performing of our purpose. . This corporation is organized and operated exclusively for charitable purposes within the meaning of Section 501(c)(3), of the Internal Revenue _Code and under California Code for Non -Profit Organizations as stated in Section 23710D, as defined by the State of California Franchise Board. III. STATEMENT OF VISION, MISSION, AND VALUES A. Vision The Community Food Bank will contribute to the creation of a healthier community by linking and utilizing all available resource within the community to feed those in need. B. Mission The Community Food Bank will endeavor to break the cycle of poverty and reduce the co- dependency by networking to meet the emergency needs of both residents and transient people who are without adequate food for themselves or their families. The Community Food Bank will network with churches and community organizations to assist with needs beyond hunger including but not limited, to clothing, job placement and training, prescriptions, and counseling. The Community Food Bank will request donations of staple foods and or cash from individuals, churches, businesses, civic organizations, and governmental institutions. Volunteers will provide food in a convenient location with a minimum of administrative paperwork. C. Values The dignity of each individual, compassion for those in need, collaboration, and partnership will be the core values that drive our vision and our mission. The Community Food Bank will serve anyone in need, regardless of their religious affiliation, race, creed, or sex. No prejudice is allowed in the determination of who will be served. IV. GOVERNMENT AND RELATIONS OF THE COMMUNITY FOOD BAN, The government of this corporation is vested in the Board of Directors. All internal groups created and empowered by the Board shall report to and be accountable' only to the BoardO, unless otherwise specified by Board action. This Board is subject to the control of no other body, but it recognizes and sustains the obligations of mutual counsel and cooperation which are common among Community Organizations. V. IN CASE OF DISCONTINUANCE OF COMMUNITY FOOD BANK In the event that COMMUNITY FOOD BANK OF NATIONAL CITY, INC ceases to function as a charitable organization, all assets are to be transferred to an agency of the then present Board of Directors choice provided said agency is a qualified agency to receive the assets under the Federal and State laws and is a recognized 501(c) (3) organization as amended. In the event said Community Food Bank ceases to function, no assets can be distributed in such a manner as to permit the accrual of profits, the distribution of profits, or the realization of any form of private gain.. VI. FORBIDDANCE OF PRIVATE GAIN At nd time can private gain be realized through the auspices of COMMUNITY FOOD BANK OF NATIONAL CITY, INC. All revenue of the Community Food Bank is set apart for use by the organization in the performance of its charitable functions. The accrual of any profits, the distribution of any profits, and the realization of any form of private gain is strictly forbidden. Salaries and stipends are to be paid by the organization to those individuals.whom the organization has chosen to employ in order to perform its . mission. VII. OFFICERS OF THE CORPORATION All officers must be members of the Board of Directors. The officers of this corporation shall be as follows: Section1. Executive Director The Executive Director is responsible for leading the Community Food Bank in performing its charitable functions and mission. The Executive Director will lead the Board of Directors and the Organization. He/She will lead all Board Meetings, and is responsible for volunteer selection, volunteer training, and the administration of the organization. When the Community Food Bank shall be without an Executive Director, the Board of Directors will serve as search committee to fill this position. An Interim Director will be elected by the Board of Directors until a regular director is found. An Executive Director may be elected or hired at any regular or special business meeting of the Board of Directors provided one week notice has been given to each director. The vote must be Unanimous by the Board of Directors. To discharge an Executive Director, such recommendation must be presented to the Board of Directors acting upon unanimous vote, noting that the current Executive Director is excluded from this vote, and with one week notice. The following are the only reasons to discharge the Executive Director: An inability to do the work due to mental or physical illness, and that no medical or psychological treatment will be able to restore the physical or mental health within a reasonable time frame. 2 Moral charges that threaten or destroy the witness and viability of the Community Food Bank Sexual mis-conduct is not allowed for any reason, and is reason for immediate termination by the Board. Conviction by a court of law of a felony or greater charge. Engaging in a course of action that is detrimental to the Community Food Bank and places the organization at risk. Any three members of the Board of Directors may bring a charge to the Board concerning the Executive Director. If a charge is brought and it is considered grievous and requires immediate action, the Executive director can be suspended from service until the full board meets upon recommendation of the Secretary and Treasurer. Section 2. Secretary of the Corporation and Board of Directors The Board of Directors shall elect annually a secretary for the corporation who is nominated by the Board of Directors. The clerk of the Board of Directors shall keep in a suitable book a record of all the actions of the organization. These records are organization property and shall be maintained in the Community Food Bank office at 2605 Highland Avenue, National City, Ca. Section 3. Treasurer The Board of Directors shall elect annually treasurer, who is nominated by the Board of Directors. It shall be the duty of the treasurer to receive, preserve and pay out, upon receipt of vouchers approved and signed by authorized personnel, all money or things of value paid or given to the Board. It shall be the duty of the treasurer to render to the Board of Directors at each regular business meeting an itemized statement of the receipts and disbursements for the preceding year. Upon rendering the annual account at the end of each fiscal year and upon its acceptance by the Board of Directors, the records shall be delivered by the treasurer to the Corporate Secretary, who shall keep and preserve the account as a part of the permanent record of the organization. Upon request of the Board of Directors, the treasurer's report and records shall be audited by a person as determined by the Board of Directors The Corporate Secretary of the Board of Directors shall be the assistant treasurer. Section 4. The Board of Directors The Board of Directors shall be elected annually The Board of Directors shall be comprised of 5 members of whom three include the corporate officers of the director, the secretary, and the treasurer. The other two members are to be general members. The two general members of the Board shall serve for three years Vacancies shall be filled by the Board meeting in a regular meeting. The three corporate officers shall serve as an executive committee to make decisions in the absence of the Board or until a special meeting of the Board shall be called. No director may be elected from a member of the family, including extended family, of a currently serving director. The Director (s) shall have no power to buy, sell, mortgage, or transfer any real estate property without a specific vote of the Board of Director authorizing each action. It shall be the function of the Directors to affix their signatures to legal documents where the signatures of Board of Directors serving as trustees for the Community Food Bank are required. The Board of Directors shall nominate any and all replacements for Board Members. They shall establish their own polices concerning the nomination -procedures. In the event of a resignation of a director, the Director may appoint the replacement member with confirmation of the Board the new Board member to serve until the next regular meeting. The Board of Directors sha l supervise and administer the organization through the Executive Director. He is accountable to them, and shall meet with him regularly to review the work of the organization. The Board of Directors shall establish sub -committees and committees to fulfill its work. The Board of Directors makes all decisions for the organization The Board of Directors is limited only by such actions listed in this constitution. The Board of Directors in concert with the Executive Director may establish the policies of the organization, and is empowered to develop the Operations Manual of the Community Food Bank. The Executive Director may suspend a Director for serious and grievous behavior. However, only the Board of Directors can terminate a Director, and it must have just cause, similar to that required to terminate a director. Termination requires a three -fourths vote of directors present and voting. The charged director does not have a vote at such time. Section 5: BOARD OF DIRECTORS MEETINGS Regular Business Meetings - Regular business meetings shall be decided by the Board of directors, but they shall meet at least once every three months. Special Business Meetings — May be called by the Executive Director and one other corporate office. A one week notice must be given to all members and the interim appointment must be given at that time. Quorum - The quorum consists of those members who attend the business meeting, provided it is a stated meeting or one that has been properly called. Parliamentary Rules - ROBERT'S RULES OF ORDER, REVISED, latest edition is the authority for parliamentary rules of procedure for all business meetings of the Board of Directors. Fiscal Year - The Community Food Bank fiscal year shall run concurrently with the calendar year beginning on January 1 and ends on December 31 Section 5: AMENDMENT This Constitution and By -Laws may be amended in whole or in part by a ninety (90%) vote of the Directions present and voting at any regular business meeting, provided notice and explanation of the proposed change shall be given at the previous regular business meeting. This Constitution and By -Laws make void any previous action of the Community Food Bank if such action is not in agreement with them. Adopted by action of the Board of Directors of the Community Food Bank of National City, INC on this day of , 2006. I, Chuck Black, Director, do hereby certify tnat this is the Constitution and By -Laws of said organization. Chuck Black, Exec. Dir. Date THE COMMUNITY FOOD BANK OF NATIONAL CITY BOARD OF DIRECTORS FOUNDER / DIRECTOR / CHAIRMAN OF THE BOARD OF DIRECTORS CHUCK BLACK TREASURER OF THE CORPORATION JAN HAWKEN SECRETARY OF THE CORPORATION BOBBI VAN MECHLEN MEMBER OF THE BOARD OF DIRECTORS SAM LYNCH MEMBER OF THE BOARD OF DIRECTORS DELORES WINSTONE 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. ACORD CERTIFICATE OF LIABILITY INSURANCE iziosizoos' PRODUCER (800)843-6054 FAX (909)307-1245 The Cutl er Group 201 Cajon Street ] Redlands, CA 92373 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 Highland Avenue Baptist Church 2605 Highland Avenue National City, CA 92050 INSURERA: GuideOne Specialty INSURER . GuideOne Mutual INSURERC 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR AMYL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE QATE(MM/DD/YYI POLICY EXPIRATION DATEfMM/DDIYY) LIMITS A ,NSR.0 X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 1235-467 11/20/2008 11/20/2009 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PRFMISFS (FA ocrurenrp) S 1 , 00O000 , CLAIMS MADE X OCCUR MED EXP (Any one person) S 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 3,000,000 X PECT I1 POLICY n RO- LOC JI ' A X AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 1235-467 11/20/2008 11/20/2009 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) S X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ AUTO ONLY AGG S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE S DEDUCTIBLE RETENTION S S $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 1221-053 02/09/2009 02/09/2010 WC STATU- OTH- TORY 1 IMITS FR E L EACH ACCIDENT $ 1,000,000 E L DISEASE - EA EMPLOYEE $ 1,000,000 E L DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Community Development, Community Food Bank of National City and The City of National City, its elected officials, officers, agents and employees are named as additional insured as per CG 2010 11/85 attached CERTIFICATE HOLDER CANCELLATI ON Community Devel opment Attn: Carlos Aguirre 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 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Charlie Cutler/SUE ACORD 26 (2001/08) FAX: (619) 336-4286 ©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 26 (2001/08) Insured: Highland Avenue Baptist Church Policy Number. 1235-467 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Community Development, Community Food Bank of National City, The City of National City, it's elected officers, agents and employees Re: Operations of named insured Community Food Bank of National City (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Signato a Authorize . j resentative CG 20 10 11 85 Copyright, Insurance Services Office, Inc. 1984 RESOLUTION 2008 — 79 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE 2008/09 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS WHEREAS, as an entitlement community, the City of National City administers the Community Development Block Grant (CDBG) and the Home Investment Partnership Act (HOME) Programs for the Federal Government under the United States Department of Housing and Urban Development (HUD); and WHEREAS, HUD requires that all CDBG and HOME Program entitlement communities, such as the City of National City, hold a Public Hearing to solicit input on the Annual Action Plan; and WHEREAS, the City Council of the City of National City conducted a duly advertised public hearing on December 22, 2007, February 1, 2008, and April 6, 2008, and WHEREAS, the Annual Action Plan addresses the housing and community development needs assessed in the Five -Year Consolidated Plan, and adopted by the City Council in May of 2005. The Annual Action Plan includes a listing of all proposed projects/programs for Fiscal Year 2008/09 (July 1, 2008 — June 30, 2009) utilizing Community • Development Block Grant (CDBG), Home Investment Partnership Act (HOME) funds and Section 108 Loan Program; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of National City that the 2008/09 Annual Action Plan for the CDBG and HOME funds are approved, and the Mayor is hereby authorized, on behalf of the City Council, to submit the 2008/09 Annual Plan for the expenditure of said funds to the U.S. Department of Housing and Urban Development (HUD). PASSED and ADOPTED this 6th day of May, Ron Morrison, Mayor ATTEST: lltifeil iel4 Mic ael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, Califomia, on May 6, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-79 of the City of National City, California, passed and adopted by the Council of said City on May 6, 2008. City City, California C.�rk of the City of tional By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MUTING DATE May 6, 2008 AGENDA ITEM NO. 26 (ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FISCAL YEAR (FY) 2008-2009 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS PREPARED BY Rosemary ToscanoDEPARTMENT City Manager's Office (Ext. 4391) W, EXPLANATION Upon the conclusion of Public Hearing #4, the City Council will consider the adoption of the attached resolution approving the FY 2008-2009 Annual Action Plan. The Annual Action Plan (AAP) addresses the housing and community development needs assessed in the City's 5-Year Consolidated Plan for FY's 2005-06 through 2009-10, adopted by the City Council in May 2005. The AAP includes a listing of all proposed projects/activitles to be undertaken In FY 2008- 2009 (July 1, 2008 - June 30, 2009) utilizing CDBG and HOME program funding. Environmental Review Ni NIA Financial Statement Approved By Finance Director The estimated amount of funding available for FY 2008-2009 for each program is as follows: Y Community Development Block Grant - $1,092,595 Account No. Home Investment Partnership Program - $574,466 STAFF RECOMMENDATION Adopt attached resolution. BOARD I COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS ( Listed Below) Resolution No. 'a0 O b • 9 1. Attachment 1: Summary of FY 2008-2009 CDBG and HOME Program Funding Recommendations Resolution A-200 (9/99) ATTI+CHMtN I t City of National City COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FISCAL YEAR 2008-2009 FUNDING RECOMMENDATIONS --., :7,fiY Lv j •r t t pi ' PUBLIC SERVICE ACTIVITIES 1 City of National City - Community Services Departrnent At -Risk Youth After -school Teen Program - "Supreme Teens" 100 Individuals $20,550 2 City of National City - Community Services Department Tiny Tots _ 40 Individuals $29,337 3 City of National City - Public Library National City Public Library Literacy Services 220 Individuals $47,250 4 Community food Bank of National City_- Project Hunger/ Project Independence 1,000 Individuals $10,000 __ S . National City Diablos National City Pop Warner Youth Football and Cheer Program 506 Individuals $30,000 G South Bay Community Services National City Police Department Juvenile Diversion Program 55 Individuals $18,752 7 Trauma Intervention Programs of San Diego County, Inc. Crisis Intervention Team 3,481 Individuals (Entire Service Delivery Area) $8,000 -� TOTAL FOR PUBLIC SERVICE ACTIVITIES $163,889 — .PRIOR yeAwCO-t461I.+1ErirrtFQiitiPltits1E:At'IMPROVEMENT-ACTIVITIES Public Facility Improvement Activities 8 City of National City - Fire. De.artment Lease Payment - Fire Truck#'2: 4"' payment of a 5 year lease 1 Fire Apparatus / Equipment $78,453 ' 9 City of National City - Fire Department Fire Station Construction - Section 108 Loan Payment 1 Public Facility Improvement $524,633 ' TOTAL FOR PRIOR YEAR COMMITMENTS $603,086 PHYSICAL IMPROVEMENT ACTIVITIES Community Enhancement Activity 10 __ I Christmas in July * National City (3) City Clean -Up Program 1L400 Households $50,000 '- Public Facility Improvement Activity 11 — — - Community Food Bank of National City (CFBNC) CFBNC - Walk -In Cooler [ Project 1 Public Facility Improvement (1,000 Individuals) 1 $13,000 - Public _ . Infrastructure Improvements 12 City of National City - Engineering Department Miscellaneous Concrete Improvement and Upgrade Substandard Pedestrian Ramps Public Infrastructure Improvements $44,101 -- TOTAL FOR PHYSICAL IMPROVEMENT ACTIVITIES 107 101 - - - - .+75 ': 7:77 ..,• _T..,7 ','��+V 3/4,' + M l .'2 A ,tea 13 City of National City - Community Development Department CDBG Program Administration .- 14 City of National City - Community Services Department Neighborhood Council Program _$75,519 105,000 15 The Fair Housing Council of San Diego Fair Housing and Tenant -Landlord Education Services 38,000 "' — TOTAL FOR PROGRAM ADMINSTRATION $218,519 Third Program Year Action Plan Version 2.0 City of National City ATTAC HMei\i i FISCAL YEAR 2008-2009 FUNDING RECOMMENDATIONS HOME INVESTMENT PARTNERSHIPS ACT HOME PROGRAM AFFORDABLE HOUSING ACTIVITIES National City Small Site Casa Familiar/Mitch Acquisition & _Thompso /Don Count�nran Rehabilitation Pr. ram 2 G Street Condominiums (New In fill Housing Habitat for Ilurnanrty Construction) City of National City - Economic Development Department 18 Households 8 Households TOTAL FOR AFFORDABLE HOUSING ACTIVITIES $182,446 $33S,UOU HOME Program Administration f $57 000 TOTAL FOR PROGRAM ADMINISTRATION $57,000 Third Program Year Action Plan Version 2.0 2 OFFICE OF THE CITY CLERK 1243 National City Blvd., National City, CA 91950 619-336-4228 phone • 619-336-4229 fax Community Food Bank of National City CDBG 2008 - 2009 Carlos Aguirre (Housing & Grants) Forwarded Copy of Agreement to Contractor