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Home My WebLink About2009 CON Christmas in July - CDBG 08-09 Sub-RecipientSUBRECIPIENT AGREEMENT By and Between the City of National City and Christmas in July*National City for Program Name: The National City Youth Programs Enhancement THIS AGREEMENT, entered this \'h day of M " ' , 2009 by and between the City of National City (herein called the "Grantee") and Christmas in July*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; I. SCOPE OF SERVICE A. Activities: The Sub -recipient will be responsible for administering the program titled, The National City Youth Programs Enhancement in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include activities eligible under the Community Development Block Grant (CDBG) program, as specified in Exhibit A, attached'•and incorporated herein. B. National Objectives: All activities funded with CDGB funds must meet one of the CDBG program's National Objectives: benefit low- and moderate -income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 The Sub -recipient certifies that the activity carried out under this Agreement will meet the National Objective of serving Low Income Persons C. Levels of Accomplishment — Goals and Performance Measures: The levels of accomplishment may include such measures as units rehabbed, persons or households assisted, or meals served, and should also include time frames for performance. Refer to Exhibit A for levels of program services. D. Staffing: Sub -recipient shall be responsible for staff and time to be allocated to each activity, as set forth in Exhibit A, attached hereto and incorporated herein. E. Performance Monitoring: The Grantee will monitor the performance of the Sub - recipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Sub - recipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE Services of the Sub -recipient shall start on the 1st day of July, 2008 and end on the 30`h day of June of 2009 in the case of Public Services and in the case of Capital Improvements end on June 30, 2010. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub -recipient remains in control of CDBG funds or other CDBG assets, including program income. III. BUDGET Any indirect costs charged must be consistent with the conditions of Paragraph VII (C)(2) of this Agreement. Sub -recipient shall adhere to the budget breakdown, attached as Exhibit B and incorporated herein. Any amendments to the budget must be approved in writing by both the Grantee and the Sub -recipient. Subrecipient Agreement Page of 13 IV. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed One Hundred Two Thousand Nine Hundred Eighty Seven Dollars ($102.987.00). 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: Cecilia Kirk Organization: City of National City Organization: Christmas in July*National City Address: 1243 National City Boulevard National City, CA 91950-4301 Address: 2101 Hoover Avenue, National City, CA 91950 Telephone: (619) 336-4391 Telephone: (619) 477-5532 Email: caguirre@nationalcityca.gov Email: Christmasinjulync@yahoo.com VI. GENERAL CONDITIONS A. General Compliance: The Sub -recipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Sub -recipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Sub -recipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Sub -recipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Sub -recipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. "Independent Contractor": Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Sub -recipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Sub -recipient is an independent contractor. C. Hold Harmless: The Sub -recipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that Subrecipient Agreement Page 2 of 13 C. Hold Harmless: The Sub -recipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Sub -recipient's performance or nonperformance of the services or subject matter called for in this Agreement. 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 Subrecipicnt Agreement Page 3 of 13 2. Transfer possession of all materials and equipment purchased with grant money to the Grantee. In the case of early termination, a final payment may be made to the SUB -RECIPIENT upon receipt of a Final Report and invoices covering eligible costs incurred prior to termination. The total of all payments, including the final payment, shall not exceed the amount specified in this Agreement. I. Termination for Convenience: In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Sub -recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. Grantee and sub -recipient agree to provide written notice to the other party thirty (30) days prior to the effective date of any termination, in whole or part, for convenience. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards: The Sub -recipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles: The Sub -recipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping 1. Records to be Maintained: The Sub -recipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention: The Sub -recipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four- year period, whichever occurs later. 3. Client Data: The Sub -recipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client Subrecipient Agreement Page 1. of 13 name, . address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 4. Disclosure: The Sub -recipient understands that client information collected under this contract is private and the use or disclosure of such information, when not 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 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 Sub -recipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning sub -recipient audits and OMB Circular A-133. 7. Additional Documentation: Sub -recipient agrees to provide a list of its Board of Directors, By -Laws, Exhibit C, and any additional documents, as required in Exhibit "D" and "E," attached and incorporated herein. C. Reporting and Payment Procedures 1. Program Income: The Sub -recipient shall report quarterly all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Sub -recipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Sub -recipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Grantee at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. 2. Indirect Costs: If indirect costs are charged, the Sub -recipient will develop an indirect cost allocation plan for determining the appropriate Sub -recipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 3. Payment Procedures: The Grantee will pay to the Sub -recipient funds available under this Agreement based upon information submitted by the Sub -recipient and consistent with any approved budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Sub -recipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Sub -recipient accounts. In addition, the Subrecipient .Agreement I'agc 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 policies. [The Grantee may preempt the optional policies.] The Sub -recipient shall provide Subrecipient .Agreement Page 6of13 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. 2. Nondiscrimination: The Sub -recipient agrees to comply with the non- discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 4. Land Covenants: This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Sub -recipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Sub -recipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504: The Sub -recipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Sub - recipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action 1. Approved Plan: The Sub -recipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Sub - recipient to assist in the formulation of such program. The Sub -recipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds, consistent with the policy in Exhibit "F", attached hereto and incorporated herein. 2. Women- and Minority -Owned Businesses (W/MBE): The Sub -recipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Sub- Subrecipient Agreement Page 7 of 13 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 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 Subrecipient .lgreemen t Page 8 of 13 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. D. Conduct Su}wecipient :Agreement Page 9 of 13 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 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 Subrecipicnt Agreement Page 10 of 1:5 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. 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 Subrecipient :Agreement Page 11 of 1:3 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. XVI. ENTIRE AGREEMENT This agreement constitutes the entire agreement and the attachments referenced below between the Grantee and the Sub -recipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Sub -recipient with respect to this Agreement. ATTACHMENTS Exhibit A -Scope of Services Exhibit B-Budget Exhibit C-Board of Directors and Bylaws Exhibit D-Technical Assistance Materials Exhibit E-Affirmative Action Policy Subrecipient _lgreement Page 12 of 13 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. City of National City Ron Morrison Mayor, City of National City APPROVED AS TO FORM George Eisef City Attorney ATTEST Cit Clerk Christmas in ]uly*National City Cecilia Kirk Executive Director Subrecipient Agreement Page 13 of 13 EXHIBIT A SCOPE OF SERVICES 1. The Program/Protect consists of the following activities: Activity Description The National City Host Lions Club will purchase the equipment based on the completed applications and competitive bids submitted by the team leader. The equipment will be disperse to the respective teams. 2. The following lists the staff and time commitments to be allocated to activity listed above. Staff Member Name and Title Vince Reynolds Cecilia Kirk Hours Allocated Month in a half Month in a half 3. Billing Method: Monthly x Quarterly 4. List the type of supporting documentation to be provided: Attach is the National City Host Lions Club- Application with a shopping list, and survey of current equipment. 5. List the major/key activity milestones: Major Activity Milestones Month 1 2 3 4 5 6 7 8 9 10 11 12 Hire Staff Program Implementation Provide Program Services Administrative Cost x x EXHIBIT B BUDGET Agency Name: National City Host Lions Club Activity Name: National City Youth Program Enhancement Description CDBG BUDGET OTHER RESOURCES TOTAL BUDGET 1) Personnel (Direct labor) 2) Fringe Benefits 3) Travel 4) Supplies and Materials Durable Equipment 5) Sub Total for Direct Costs 6) Indirect Costs (Overhead) Administrative Cost $92,987.00 $10,000.00 $92,987.00 $10,000.00 TOTAL $102,987.00 $ $102,987.00 Exhibit C Board of Directors By -Laws Christmas in July * National City 2008 Board of Directors Frank Parra 2817 N. Avenue National City, CA 91950 Tel: (619) 336-1415 Email: fparra@ci.national-city.ca.us Mike Castanos 3981 Corolyn Dr. La Mesa, CA 91941 Tel: (619) 336-7717 or (619) 322-5600 Email: mikec@national.k12.ca.us Joseph Coit 2316 E 4th Street National City, CA 91950 Tel: (619) 818-0838 Email: jgcoit@msn.com Bill Lawrence 10240 Kamwood Court San Diego, CA 92126 Tel: (858) 531-3847 Email: blawrence@usafed.org William Morales 1420 East 5th Street National City, CA 91950 Tel: (619) 474-5729 Tomas Munoz 4015 Cherry Blossom National City, CA 91950 Tel: (619) 479-3590 Email: nomastomas1953@netzero.com Ron Oliver 6670 Federal Blvd. Lemon Grove, CA 91945 Tel: (619) 287-5696 Ext. 4230 Email: roliver@edcodisposal.com City Councilman National City Resident Lions Club Asst. Superintendent National School District Marketing Executive National City Resident Kiwanis Club National City Chamber of Commerce Ambassador Retired R&D Engineer Rohr Industries National City Resident Veterans of Foreign Wars Maintenance Engineer, Friendship Manor National City Resident EDCO Director of Market Development Lauren Lauletta 140 E. 12th Street, Suite A National City, CA 91950 Tel: (619)336-4289 Email: Iauletta@ci.national-city.ca.us Martina Diaz 910 Hale Place, Suite 200 Chula Vista, CA 91914 Tel: (619) 208-6926 Email: martinadiaz@thediazteamsd.com Neva Buckhanon 9999 Willow Creek Rd. San Diego, CA 92131 Tel: (858) 831-8100 ext. 519 Email: nbuckhanon@usafed.org Debra Manley 1309 Bay Marina Drive National City, CA 91950 Tel: (619) 419-1200 Email: debramanlcy@pashanct.com David Nagy 1309 Bay Marina Drive National City, CA 91950 Tel: (619) 336-9242 John Snyder 6670 Federal Blvd. Lemon Grove, CA 92135 Tel: (619) 287-5696 Yvette Snyder 6670 Federal Blvd. Lemon Grove, CA 92135 Tel: (619) 247-6585 Pat Flores 5988 Altamont Drive San Diego, CA 92139 Tel: (619) 475-3762 Rosalie "Rosie" Alvarado 1130 Manchester Ave. National City, CA 91950 Tel: (619) 267-5974 City of National City Community Services Dept Neighborhood Council Specialists Ashlon Realty USA Federal Credit Union Regional Business Development Manager PASHA Services, National City Production Expediter PASHA Services, National City General Manager EDCO Disposal Corp. Field Service Representative EDCO Disposal Corp Retired US Navy Chief Board Member National School District National City Resident Rosemary Peyron = , 2b7Kuth Belmont `3t Nattio a City,, CA 9195 Tei (61;9j 40 8• 2l0 Staff Executive Director Cecilia Garcia -Kirk 31 I East 2nd Street National City, CA 91950 Tel: (619) 474-1823 Treasurer John Kirk 311 East 2"d Street National City, CA 91950 Tel: (619) 474-4483 AmeriCorps Vista Volunteer RoseAnita Hernandez 712 E. 19`h Street National City, CA 91950 (619) 288-5357 National City Resident Lions Club Christmas in July, Full -Time Volunteer Retired US Navy Chief National City Resident, Past District Governor Lions Clubs International, Lions Club, Veterans of Foreign Wars, Fleet Reserve Assoc., American Legion BYLAWS Of CHRISTMAS IN JULY * NATIONAL CITY A California Nonprofit Public Benefit Corporation Article I Name and Offices Section 1.1 Name This corporation shall be known as Christmas in July * National City (hereafter referred to as the "Corporation"). Section 1.2 Principal Office The principle office of the Corporation shall be located in San Diego County, California. The principal address may change from one location to another within the named county as determined by the Board of Directors. Article II Purposes Section 2.1 General Purpose The Corporation is organized and will be operated exclusively for charitable and educa- tional purposes within the meaning of Section 501 (c) (3) of the Internal Revenue Code of 1954 or its successor provisions. Section 2.2 Specific Purpose In furtherance of the above General Purpose, the Corporation will pursue decent housing affordable to low and moderate income persons. The Corporation will sponsor volunteer projects to repair the hornes of low income, elderly and handicapped persons. Consistent with the foregoing purposes the Corporation may engage in any lawful activity that may be incidental or reasonably necessary to those purposes, and may exercise all powers now or hereafter available to corporations organized under the State of California Nonprofit Corporation Act. Article I1I Directors and Meetings Section 3.1 Powers Subject. to. The itationstated in the Articles of Incorporation,_ . these .Bylaws and the Nonprofit Corporation Law, and subject to the duties of Directors as prescribed by the Nonprofit Corporation Law, all corporate powers shall be exercised by, or under the di- rection of, and the business and affairs of the Corporation shall be managed by, the Board 2 of Directors. The individual Directors shall act only as members of the Board of Direc- tors, and the individual Directors shall have no power as such. Section 3.2 Number of Directors (Revised 8 February 1995, Resolution No. 1-95) The authorized number of Directors of the Corporation shall not be less than Nine (9) nor more than twenty-one (21), The exact number being fifteen (15) as of February 8, 1995. Such number shall remain until such time as changed by proper action of the Board of Directors. Section 3.2a Designation of Board Membership (Added 8 February 1995, Resolution No. 1-95) At least one-third of the membership on the I3oard of Directors shall be made up of Na- tional City Residents living in designated low-income neighborhoods, other low-income community residents, or elected representatives of low-income neighborhoods. Section 3.3 Election, Term of Office, and Qualifications (a) The Directors shall be elected at least annually at any regular or special meeting of the Board of Directors held for that purpose to fill vacant positions and positions becoming vacant as a result of expiring terms. (b) The term of a Director shall he three (3) years unless otherwise determined at the time a Director is elected. A Director shall hold office until the earlier of (I) the expiration of the term, which shall not exceed three (3) years, for which such Director was elected and either such Director's successor is elected and qualified or the Board of Directors dec- lares such Director's position to be vacant, or (1I) the death, resignation or removal of the director. (c) No Director shall serve more than two (2) consecutive terms unless the limitation is waived by a two-thirds (2/3) vote of the authorized number of Directors. Section 3.4 Removal (a) Any or all Directors may be removed, with or without cause, by a majority of the Board of Directors then in office. (b) The board of Directors shall be entitled to remove from office any Director who has failed to attend one-half (1/2) of the meetings of the Board of Directors during any twelve (12) month period without having such absences c excused by the President of the Corpo- ration. Section 3.5 Organization Meeting The meeting determined by the Board of Directors to be the annual meeting and each meeting at which at least one-third (1/3) of the Board of Directors is elected shall consti- 3 tute an organizational meeting for the purpose of organization, the election of officers and the transition of other business. No notice of such meeting need be given to the newly - elected Directors. Section 3.6 Other Regular Meetings The Board of Directors may provide by resolution the time and place for the holding of regular meetings of the Board of Directors. No notice of such regular meetings of the Board of Directors need be given, unless the meeting is to consider the removal of a Di- rector (other than removal pursuant to Section 3.4 (b)) and/or an amendment to the By- laws in which case notice shall be given as required for special meetings. Section 3.7 Calling Meetings Regular or special meetings of the Board of Directors may be called at any time by the President, any Vice President, the Secretary, or any two (2) Directors of the Corporation. Section 3.8 Notice of Special Meetings Notice of the time and place of special meetings of the Board of Directors shall be deli- vered in the manner and at the time required by the Nonprofit Corporation Law. Such no- tice need not specify the purpose of the meeting except for matters that require notice for a regular meeting described in Section 3.6. Notice shall not be necessary if appropriate waivers, consents and/or approvals are given of the holding of the meeting without no- tice. Section 3.9 Conduct of Meetings Meetings of the Board of Directors shall be presided over by the President of the Corpo- ration or in his or her absence, by the Vice President of the Corporation or, in the absence of each of these persons, by a Chairperson chosen by a majority of the directors present at the meeting. The Secretary of the Corporation shall act as the secretary of all meetings of the hoard, provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the meeting. Meetings shall be governed by Robert's Rules of Order, as such rules may be revised from time to time, insofar as such rules are not in- consistent with or in conflict with these Bylaws, with the Articles of Incorporation of this corporation, or with provisions of law. Section 3.10 Quorum and Voting (a) A quorum shall consist of one-third (1/3) of the authorized number of Directors for the--transactie Every actar_decision cloneortrade by a majority of the Directors present at a meeting duly held at which a quorum is present shall be the act of the Board of Directors, unless the Articles of Incorporation, these bylaws, or the Nonprofit Corporation Law specifically requires a greater number. In the absence of a quorum at any meeting of the board of Directors, a majority of the Directors present 4 may adjourn the meeting. A meeting at which a quorum is initially present may con- tinue to transact business, notwithstanding the withdrawal of enough Directors to leave less than a quorum, if any action taken is approved by at least a majority of the required quorum for such meeting. (b) Directors may not vote by proxy. Directors may participate in a regular or special meeting through conference telephone or similar communications equipment but only if all members participating in such meeting can hear one another. (Section (h) is kind of shaky don't you think. No provision to contact or include all direc- tors.) Section 3.11 Fees and Compensation Directors shall not receive any compensation for their services as Directors, but, by reso- lution of the Board of Directors, a fixed fee may be allowed for attendance at each meet- ing. Directors may be reimbursed in such amounts as may be determined from time to time by the Board of Directors for expenses incurred while acting on behalf of the Corpo- ration and/or expenses incurred in attending meetings of the Board of Directors. Nothing herein shall be construed to preclude any Director from serving the Corporation in any other capacity as an officer, agent, employee, or otherwise, and receiving compensation therefor, except that not more than forty-nine percent (49%) of the persons serving on the board may be financially interested persons. For purposes of this section, "interested per- sons" means either: (a) Any person currently being compensated by the corporation for services rendered it within the previous twelve (12) months, whether as a full or part-time officer or other employee, independent contractor, or otherwise, excluding any reasonable compensa- tion paid to a director as a director; or (b) Any brother, sister, ancestor, descendant, spouse, brother-in-law, sister-in-law, son- in-law, daughter-in-law, mother-in-law, or father-in-law of any such person. Section 3.12 Action Without Meeting Any action required or permitted to be taken by the Board of Directors may be taken without a meeting, if all members of the Board shall individually or collectively consent in writing to such action. Such written consent or consents shall be filed with the minutes of the proceedings of the Board. Such action by written consent shall have the same force and effect as a unanimous vote of such Directors at a duly authorized meeting. Section 3.13 Conflict -of -Interest-. No Director, Officer or Employee who in the course of his or her duties is required to or is in a position to approve or influence the decision making process as to which project or projects the Corporation shall engage in, shall have any financial interest in such project, 5 nor shall any such persons close relatives or business associates have any financial inter- est in such project. Close relatives shall mean either natural or by operation of any of the following: parents, spouse, siblings, cousins or in-laws. If any such director, officer or employee owns or has any direct or indirect financial or personal interest in any Corpora- tion project or projects, such person shall immediately make a written disclosure of that interest to the Board of Directors and the disclosure shall be entered on the minutes of the Corporation. Failure to make the disclosure required by this subdivision constitutes mis- conduct in office. Section 3.14 Non -Liability of Directors The Directors shall not be personally liable for the debts, liabilities, or other obligations of the Corporation. Section 3.15 Indemnification by Corporation of Directors, Officers, Employees and Other Agents To the extent that a person who is, or was, a director, officer, employee or other agent of this corporation has been successful on the merits in defense of any civil, criminal, ad- ministrative or investigative proceeding brought to procure a judgement against such per- son by reason of the fact that he or she is, or was, an agent of the corporation, or has been successful in defense of any claim, issue or matter, therein, such person shall be indemni- fied against expenses actually and reasonably incurred by the person in connection with such proceeding. - If such person either settles any such claim or sustains a judgement against him or her, then indemnification against expenses, judgements, fines, settlements and other amounts reasonably incurred in connection with such proceedings shall be provided by this corpo- ration but only to the extent allowed by the Board of Directors, in accordance with the requirements of, Section 5238 of the California Nonprofit Public Benefit Corporation Law. Section 3.16 Insurance for Corporate Agents The Board of Directors may adopt a resolution authorizing the purchase and maintenance of insurance on behalf of any agent or the Corporation (including a director, officer, em- ployee or other agent of the Corporation) against any liability, other than for violating provisions of law relating to self -dealing (Section 5233 of the California Nonprofit Public Benefit Corporation Law) asserted against or incurred by the agent in such capacity or arising out or the agent's status as such, whether or not the Corporation would have the power to indemnify the agent against such liability under the provisions of Section 5238 or the California -Non -Public Beneft-corporati.on_Law. ---- 6 Section 3.17 Gifts The Board of Directors may accept on behalf of the Corporation any contributions, gift, bequest, or device for the charitable or public purposes of the Corporation. Article IV Officers Section 4.1 Officers The officers of the corporation shall be a President, a Vice President, a Secretary, and a Treasurer, who shall be the Chief Financial Officer of the Corporation. The Corporation may also have, at the discretion of the Board of Directors, a Chairman of the Board, one or more additional Vice Presidents, one or more Assistant Secretaries, and such other of- ficers as may be determined from time to time by the I3oard of Directors. One person may hold two or more offices; provided, however, that neither the Secretary nor the Trea- surer may serve concurrently as the President or the Executive Director. Section 4.2 Election and Term The officers of the corporation shall be chosen by the Board of Directors and shall serve at the pleasure of the hoard of Directors, subject to the rights, if any, of an officer under any contract of employment. Officers need not be chosen from among the Directors. Section 4.3 Removal and Resignation Any officer may be removed, either with or without cause, by the Board of Directors, at any time. Any officer may resign at any time by giving written notice to the Board of Di- rectors or to the President or Secretary of the Corporation. Any such resignation shall take effect at the date of receipt of such notice or at any later date specified therein, and, unless otherwise specified therein, the acceptance of such resignation shall not be neces- sary to make it effective. The above provisions of this section shall be superseded by any conflicting terms of a contract which has been approved or ratified by the Board of Direc- tors relating to the employment of any officer of the Corporation. Section 4.4 Duties of the President The President shall be the Chief Executive Officer of the corporation and shall, subject to the control of the Board of Directors,_ supervise._.and_controlthe affairs of the Corporation and the activities of the officers. He or she shall perform all duties incident to his or her office and such other duties as may be required by law, by the Articles of Incorporation, or by these Bylaws, or which may be prescribed from time to time by the Board of Direc- tors. The President shall, if present, preside at all meetings of the Board of Directors. If 7 applicable, the President shall preside at all meetings of the members. Except as other- wise expressly provided by law, by the Articles of Incorporation, or by these Bylaws, he or she shall, in the name of the corporation, execute such deeds, mortgages, bonds con- tracts, checks, or other instruments which may from time to time be authorized by the Board of Directors. Section 4.5 duties of Vice President In the absence of the President, or in the event of his or her inability or refusal to act, the Vice President shall perform all the duties of the President, and when so acting shall have all the powers of, and he subject to all the restrictions on, the President. The Vice Presi- dent shall have other powers and perform such other duties as may be prescribed by law, by the Articles of Incorporation, or by these Bylaws, or as may he prescribed by the Board of Directors. Section 4.6 Duties of the Secretary The Secretary shall keep at the principal office of the Corporation or at such other place as the board may determine, the original or a copy of the Articles of Incorporation and these Bylaws, as amended to date, a hook of minutes in written form of all meetings of the directors, and, if applicable, meetings of committees, recording therein the time and place of holding, whether regular or special, how called, how notice thereof was given, the names of those present or represented at the meeting, and the proceedings thereof. Be custodian of all corporation records and maintain a roster of all Board and Committee members. Exhibit at all reasonable times to any director of the corporation, or to his or her agent or attorney, on request therefor, the Bylaws, any membership book, and the minutes of the proceedings of the directors of the corporation. In general, perform all duties incident to the office of secretary and such other duties as may be required by law, by the Articles of Incorporation of this corporation, or by these Bylaws, or which may be assigned to Him or Her from time to time by the Board of Di- rectors. Section 4.7 Duties of the Treasurer The Treasurer will be the Chief Financial Officer. The Treasurer will keep and maintain, or will supervise and cause to be kept and maintained, adequate and correct books and records of account in written form or any other form capable of being converted into written form The Treasurer will give or causc_to be giv to tht Directors such .financial statements and reports as are required by law, by the Bylaws, or by the Board. The books of account are open to inspection by any Director at all reasonable times. The Treasurer will deposit, or will supervise and cause to be deposited: all monies and other valuables in the name and to the credit of the Corporation with such depositaries as may be Designated by the Board of Directors. The Treasurer will disburse, or will super- vise and cause to be disbursed, all funds of the Corporation as may be ordered by the Board of Directors, will render to the President and Directors, whenever they request it, an account of all of the Treasure's transactions as Treasurer and of the financial condition of the Corporation, and will have such other powers and performs such other duties as may he prescribed by the Board of Directors, including the following: a. Insure the preparation and presentation to the Board of Directors all financial statements as requested and/or required by law. b. Insure the preparation of annual tax returns. c. Establish procedures for handling corporate funds. Section 4.8 Compensation The compensation, if any, of the officers shall be fixed from time to time by the Board of Directors, and, except as provided in Section 3.11, no officer shall be prevented from re- ceiving such compensation by reason of the fact that the officer is also a Director of the Corporation. Article V Execution of Instruments, Deposits and Funds Section 5.1 Execution of Instruments The Board of Directors, except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the corporation to enter into any contract or execute and satisfy any instrument in the name of and on behalf of the corporation, and such authority may be general of confined to specific instances. Unless so authorized, no officer, agent, or employee shall have any poWer or authority to bind the corporation by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount. However, in the absence of any action by the Board of Directors to the con- trary, the President shall be authorized to execute such instruments on behalf of the Cor- poration. Section 5.2 Checks and Notes Except as otherwise specifically determined by resolution of the Board of Directors, or as otherwise required by law, checks, drafts, promissory notes, orders for the payment of money,and otherevide.nee of indebtedness of the corporation shalLhe signed_ by the Pres- ident of the corporation. 9 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. 9• 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 sea.). 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 D TEPHI' 009 ` 'ROQUCER (619) 683-9990 FAX: (619) 683-9999 Ehrenfeld Company 2655 Camino Del Rio North /200 Ian Diego CA 92108 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY NO RIGHTSlichael HOLDEND THISONFERS CERTIFICATE DOES NOTOAMEND. THEN CEXTENDA TE ROR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # ISURED :hriatmas in July - National City !101 Hoover Avenue fational City CA 91950 INSURER A Nonprofits Insurance INSURERB INSURERC: INSURER D: INSURER E: IHE POLICIES OF INSURANCE LISTED BELOW 2EQUIREMENT, TERM OR CONDITION OF ANY IHE INSURANCE AFFORDED BY THE POL GQRFCIAIF_I IMITS SHOWN MAY HAVE_BEEV HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTMTHSTANDING ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. REDUCEUYPAID CLAIMS. SR ADM TYPE OF INSURANCE •iLICY NUMBER POUCY EFFECTIVE DATE (MMIODIYY). POUCY EXPIRATION DATE (MMIODJYYJ LIMBS A X GENERAL UABIUTY COMMERCIAL GENERAL LIABILITY 200819055NP0 7/13/2008 7/13/2009 EACH OCCURRENCE 3 1,000,000 X PREM SES McEoa,r RENTED $ 300,000 ICLAIMSMADE X OCCUR MEDEXP(Arty one person) 3 10,000 PERSONAL dADVINJURY $ 1,000,000 GENERAL AGGREGATE 3 2,000,000 GENT AGGRE(GGATE LIMIT APPLIES PER PRODUCTS • COMP/OP AGG $ 2,000,000 X I PQLICY 1 1 JECT ! LI. e► AUTOMOBILE X LIABILITY ANY AUTO ALL OYMEDAUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 200819055NP0 7/13/2008 7/13/2009 COMBINED SINGLE LIMIT (Eaaaiderd) 3 1,000,000 BODILY INJURY (Perperson ) — BODILY INJURY (Per °°°dent) $ PROPERTY DAMAGE (Per aoadent) 3 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT 3 — OTHER THAN EA ACC $ AUTO ONLY AGO $ EXCESS/UMBRELLA UABIUTY EACH OCCWIFNC.F $ 7 OCCUR CLAIMS MADE AGGREGATE i DEDUCTIBLE RETENTION $ 3 3 { WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? M y.s. dssarbe under SPECIAL PROVISIONS below TORV Dies I I TRH - E.L. EACH ACCIDENT 3 E L DISEASE • EA EMPLOYEE 3 E L DISEASE • PQLLCYLIMIT $ OTHER ESCRIPTION OF OPERAT)ONSILOCATIONSNEIfCLESIEXCLUSIONS AODEO BY ENDORSEMENT/SPECIAL PROVISIONS a: Funding. 10 days notice of cancellation only required in the event of non-payment of premium. ERTIFICATE HOLDER CANCELLATION 619)336-4327 gorcutt@nationalcityca.gov City of National City c/o City Attorney's Office Ginny Orcutt 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 00 SO SHALL IMPOSE NO OBUGATION OR LIAOILITY OF ANY IUND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTH REPRESENTATIVE :ORD 25(2001108) CMS rn,rw. na. C ACORD PORATION 1988 Pepe l o' 2 POLICY NUMBER: 200819O55NPo COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 Christmas in July - National City THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. The City of National City, its elected officials, officers, agents and employees Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG20260704 © ISO Properties, Inc., 2004 Page 1 of 1 0 Nonprofits' AWN Nonprofits' Insurance Alliance of California NONPROFITS' INSURANCE ALLIANCE OF CALIFORNIA P.O. Box 8507, Santa Cruz, CA 95061 P: (800) 359-6422 F: (831) 459-0853 Nonprofits' Insurance Alliance of California A MEAD FOR INSURANCE ... A HEART FCC NONPROFITS COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS PRODUCER: Michael Ehrenfeld Company 2655 Camino Del Rio N. Ste 200 San Diego, CA 92108 NAME OF INSURED AND MAILING ADDRESS: Christmas in July- National City 2101 Hoover Avenue National City, CA 91950 POLICY NUMBER: 2008-19055 -NPO RENEWAL OF NUMBER: 2007-19055 -NPO POLICY PERIOD: FROM 07/13/2008 TO 07/13/2009 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE BUSINESS DESCRIPTION: Home repair for the Elderly and Handicap IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS POLICY. LIMITS OF COVERAGE: GENERAL AGGREGATE LIMIT (OTHER THAN PRODUCTS - COMPLETED OPERATIONS) PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT PERSONAL AND ADVERTISING INJURY LIMIT EACH OCCURRENCE LIMIT DAMAGE TO PREMISES RENTED TO YOU MEDICAL EXPENSE LIMIT ADDITIONAL COVERAGES: SOCIAL SERVICE PROFESSIONAL LIABILITY $2,000,000 $2,000,000 $1,000,000 $1,000,000 $300,000 any one premises 10,000 any one person EXCLUDED CLASSIFICATION(S) SEE ATTACHED SUPPLEMENTAL DECLARATIONS SCHEDULE G PREMIUM $1,035 FORMS AND ENDORSEMENTS APPLICABLE TO THIS POLICY ARE INCLUDED IN COMMERCIAL LINES COMMMON POLICY DECLARATIONS OUNTERSIGNED: 07/17/2008 BY e/e2 (AUTHORIZED REPRESENTATIVE) THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. NIAC - GL - NPO (00068) Nonprofits' AWN Nonprofits' Insurance Alliance of California P.O. Box 8507, Santa Cruz, CA 95061 P: (800) 359-6422 F: (831) 459-0853 Nonprofits' Insurance Alliance of California A MEAD FOR INSURANCE ... A HEART FOR NONPROFITS COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS POLICY NUMBER: 2008-19055-NPO NAME OF INSURED: Christmas in July- National City Schedule G Page 1 PREMISES CODE/CLASS 61227/Buildings or Premises - office - NFP PREMIUM *ADVANCED *LOC BASIS RATE PREMIUM 1 720 125.426 $90 Activities/Programs: Event # # of people Description 1 200 Clean Up Day (4) $100 2 150 Spirit of the Holidays $50 3 400 Rehab Program -July -One Day $500 4 300 Prep Days (3)-July @ 100 people each $75 Increased Aggregate Increased Fire Legal Liability Limit *See Common Declarations for Total Advanced Premium and Schedule 'L' for locations. $95 $125 cer. / 2 COUNTERSIGNED: 07/17/2008 BY NIAC - SCHEDULE G - NPO (AUTHORIZED REPRESENTATIVE) (00068) Nonprofits' AWN Nonprofits' Insurance Alliance of California P.O. Box 8507, Santa Cruz, CA 95061 P: (800) 359-6422 F: (831) 459-0853 Nonprofits' Insurance Alliance of California A HEAD FOR INSURANCE ... A HEART FOR NONPROFITS COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS POLICY NUMBER: 2008-19055-NPO NAME OF INSURED: Christmas in July- National City Schedule L Page 1 PREMISES DESIGNATED PREMISES ADDITIONAL INSUREDS LOC/BLDG ADDRESS. CITY, STATE. ZIP AND OTHER INTERESTS 1 2101 Hoover Avenue National City, CA 91950 COUNTERSIGNED: 07/17/2008 BY NIAC - SCHEDULE L - NPO (AUTHORIZED REPRESENTATIVE) (00068) Nonprofits' AWN Nonprofits' Insurance Alliance of California P.O. Box 8507, Santa Cruz, CA 95061 P: (800) 359-6422 F: (831) 459-0853 Nonprofits' Insurance Alliance of California A h.EAD FOR INSURANCE ... A HEART FOR NONPROFITS COMMERCIAL LIQUOR LIABILITY COVERAGE PART DECLARATIONS PRODUCER: Michael Ehrenfeld Company 2655 Camino Del Rio N. Ste 200 San Diego, CA 92108 NAME OF INSURED AND MAILING ADDRESS: Christmas in July- National City 2101 Hoover Avenue National City, CA 91950 POLICY NUMBER: 2008-19055-NPO RENEWAL OF NUMBER: 2007-19055-NPO POLICY PERIOD: FROM 07/13/2008 TO 07/13/2009 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE BUSINESS DESCRIPTION: Home repair for the Elderly and Handicap IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS POLICY. LIMITS OF COVERAGE: GENERAL AGGREGATE LIMIT $ 1,000,000 EACH COMMON CAUSE LIMIT $ 1,000,000 PREMIUM: Included FORMS AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART AND MADE PART OF THIS POLICY AT THE TIME OF ISSUANCE: CG 00 33/01 96 THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPUCABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. COUNTERSIGNED: 07/17/2008 BY ,62 (AUTHORIZED REPRESENTATIVE) NIAC - LL -NPO (00068) Nonprofits' Insurance Alliance of California A HEAD r011151.11MCE .. A NrMT rO4 NO141OfU1S THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE PERSONAL AUTO REIMBURSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. We agree to pay the personal auto insurance comprehensive deductible up to $500 for an employee or volunteer of the Insured if the personal auto of the employee or volunteer is damaged by a client of the Insured. The most we will pay during a policy term is limited to $2,500. NIAC-E29 (1/99) Nonprofits' Insurance Alliance of California A HEAD FOR INSURANCE ... A HEART FOR NONPROFITS NIAC #6 www.niac.org DIRECTORS & OFFICERS LIABILITY Renewal Checklist Please complete this checklist and return to MAC with applicable attachments (if required). 1. Named Insured: Christmas in July- National City ID (19055) 2. How many employees? Full-time 1 Part-time 3. What is the revenue for the most recent fiscal year? 14 0 K 4. Were all changes made to your personnel manual within the last year ❑ Yes ® No ❑ NIA approved by an attorney or employment specialist? 5. Do you have at least 5 active board members ? ® Yes ❑ No If no, please explain : 6. Are more than 50% of your board members related (by blood or marriage) ❑ Yes ® No Jr employed by the nonprofit? If yes, please explain • 7. For the most current fiscal year, do you show a negative fund balance? ❑ Yes ® No If yes, please provide an explanation of the negative fund balance including steps they're taking to avoid in the future. Also include a copy of the current 990 tax form or most recent audited financials. 8. Has the organization made any loans to or received loans from key ❑ Yes ® No employees or board members? If yes, please provide details of the loan including amount, purpose and terms. Loan made by: N/A Loan made to• Loan amount: Purpose of Loan: Interest rate: Terms: 9. Are you currently dealing with employment issues such as possible termination, layoff, harassment issues, etc. that have not been reported to our claims department or Employment Risk Manager? If yes, please contact us at (800) 359-6422 ext. 42 ❑ Yes In No lemember, as a NIAC member, you have access to free employment risk management advice and it is in your best interest to call our office at (800) 359-6422 ext. 42 prior to taking any action that may result in a claim. NIAC#6/01-08 Page 1 of 1 Nonprofits' Insurance lliance of California rtAD FOR INSURANCE ... A HEART FOR NONTROfUUS GENERAL Applicant Name Address Contact Person Cecilia Garcia -Kirk ACCIDENT INSURANCE PLAN QUESTIONNAIRE FORM A program for Nonprofits' Insurance Alliance of California Carrier: AIG Life Insurance Company Christmas in July * National City NIAC #7 P.O. Box 8507 Santa Cruz, CA 95061 PH: (831) 459-0980 www.niac.org 2101 Hoover Ave City National City Zip 91950 GROUP TYPE Check off the group type which matches your own. If your group is a mix, insert percentages, making sure the total adds up to 100%. If your group is not listed, describe your operation in the space provided below: % Child Day Care % Theater Group Music or Choral Group % Business Group ❑ % Youth Group ❑ % Fund Raising Group ❑ % Senior Citizen Center ❑ % Environmental Group ❑ % Community/Housing Group ❑ % Vocational Training Group ❑ % Cultural/Social Group ❑ % Elderly/infirm Care ® 100%Other (describe): Repair homes for elderly at & Handicap - Free PLEASE ANSWER ALL OF THE FOLLOWING QUESTIONS: BASIC EXPOSURE 1. OPERATION: We are in operation 12 months per year. PARTICIPANTS/CLIENTS/STUDENTS (Do not include attendees/spectators at your events) 2. ONE TIME PARTICIPATION: 6 0 Number of participants, clients or students who attend activities with your organization only one day per year. 3. REGULAR PARTICIPATION: 4 Number of participants, clients or students who attend on average 5 days per year. 4. PRIOR INSURANCE: NAC If you have purchased this coverage before, please submit loss runs. VOLUNTEERS 5. ONE TIME VOLUNTEERS: 400 Number of volunteers who give their time to your organization only one day per year. 6. REGULAR VOLUNTEERS: 40 Number of volunteers who give their time on average 5 days per year. 7. PRIOR INSURANCE: NAC If you have purchased this coverage before, please submit loss runs. NIAC#7/02-05 Page 1 of 2 OTHER EXPOSURE If any volunteer/client/participant/student participates in any of the activities listed below, please complete the chart. If none of these activities apply, indicate by checking this box. ❑ None apply ACTIVITY NUMBER OF CLIENTS STUDENTS/PARTICIPANTS NUMBER OF VOLUNTEERS APPROX. DAYS PER YEAR Non -Contact Sports (1) Contact Sports BusNan Trips over 200 miles (II) Trips by Air (III) Foreign Trips Heavy Manual Labor (IV) 2 0 0 1 24- Hour Activity Trips/Outings over 2 days long Definitions: Non -Contact Sports - sports or athletic activities (excluding contact sports) with a schedule and registered regular participants or team roster. Contact Sports - football, hockey, lacrosse, soccer, and rugby, boxing. Heavy Manual Labor - construction work, regular work with power tools, industrial manufacturing, or commercial agriculture. 24-Hours Activity - any activity lasting continuously for 24 hours or more. BENEFIT PLAN DESIRED (Place "X" in box below indicating plan preferred.) "X" PLAN ACCIDENT CIRCLE DEDUCTIBLE REQUESTED ACCIDENTAL DEATH & DISMEMBERMENT A $ 5,000 $50 $100 $250 $ 5,000 B $ 10,000 $50 $100 $250 $ 5,000 C $ 25,000 $50 $100 $250 $ 5,000 x D $ 50,000 $50 $100 $250 $ 5,000 E $ 75,000 $100 $250 $ 5,000 F $ 100,000 $250 $ 5,000 G $ 250,000 $250 $ 5,000 SIGNED STATEMENT I understand that coverage may be refused and that coverage cannot become effective until premium has been paid. The above is correct to the best of my knowledge. I understand that NIAC must approve my application before coverage is effected and may audit my records to verify proper payment. ice r i t Name (Print) j e �� i i� � Date � � -- 3ignature �� r-�4 Title NIAC#7/02-05 Page 2 of 2 Nonprofits' AWN A HEAD FOR INSURANCE ...A HEART FOR NONFROFTS NONPROFITS' OWN SUMMARY OF OUR KEY FEATURES Nonprofits' Insurance Alliance of California A HEAD FOR INSURANCE A HEART FOR NONPROFITS A.M. Best Rated A(Excellent) These key features are available at no additional charge when you purchase the corresponding policy. Please review the coverage form for specific coverage information. Form Limit Number General Liability Coverage Key Features • Liquor Liability $1,000,000 CG 00 33 • Aggregate Limits per Location CG 2504 • Workplace Violence Counseling $7,500 NPO-001 • Blanket Additional Insureds Various • Damage to Premises Rented to You $100,000 CG 00 01 • Unsatisfied Contributions $7,500 NPO-001 • Non -owned Watercraft (up to 75 feet) NPO-001 • Bail Bonds $5,000 NPO-001 • Expenses incurred to assist in claim defense $1,000/day NPO-001 • Medical Payments (up to $10,000 available) varies CG 00 01 • Newly Formed Entities - until the end of the policy period NPO-001 • Care, Custody & Control $25,000 NIAC E28 • Coverage to employees' or volunteers' autos $2,500/policy NIAC E29 if damaged by client • Access to NIAC's Publication Resource Center www.niac.org for details Commercial Auto Coverage Key Features (offered only when Owned Auto coverage is purchased) • Symbol One Liability coverage available CA 00 01 • Rental Reimbursement $50/day; 30 days CA 99 23 • Employees and Volunteers as Insured CA 2054, CA 9934 & CA 99 33 • Hired Auto Physical Damage available CA 00 01 • Drive Other Car (DOC) Coverage — FREE when requested CA 99 10 • FREE Defensive Drivers Training Program www.niac.orq for details • FREE Vehicle Monitoring Program www.niac.orq for details Social Service Professional Liability Coverage Key Features (offered only when Social Service Professional Liability coverage is purchased) • Occurrence based coverage - not Claims Made coverage NIAC-E32 • Added as an endorsement to the GL • Broad insuring agreement NIAC-E32 • Vicarious Liability for the Organization included NIAC-E32 • Limits up to $3M Aggregate and $1M Occurrence available* NIAC-E32 *see underwriter for pricing Key Features 02 08 Page 1 of 2 Limit Improper Sexual Conduct Coverage Key Features (offered only when Improper Sexual Conduct coverage is purchased) • Event -Trigger basis - not Claims Made Coverage Reimbursement of wages Defense of alleged perpetrator Coverage extends to students and interns Discounted background check pricing Directors and Officers Coverage Key Features (offered only when Directors and Officers coverage is purchased) • Zero deductible for D&O • Event Trigger basis - not Claims Made coverage • Full Prior Acts Coverage available • Identity Theft Reimbursement • Terrorism Travel Reimbursement • Kidnap Expense • Executive Recruitment Expense • Defense costs outside the policy limits • Duty to Defend • Broad definition of insured, including the nonprofit itself • Employment Practices Liability included • Coverage for Volunteers and Employees • Coverage extends to students, spouses, and interns • Flat -Rate "Zero -Employee" D&O policy available • Breach of Contract • FREE Pre -Termination and HR Consultation • FREE Employee Handbook Review • FREE sexual harassment training for supervisors $10,000 $7,500 $7,500 $50,000 $50,000 Form Number NIAC-ISCET NIAC-ISCET NIAC-ISCET NIAC-ISCET www.niac.orq for details NIAC DOET NIAC DOET MAC DOPWA N PO DO-001 NPODO-00 1 N PODO-001 NPODO-001 NIAC DOET NIAC DOET NIAC DOET NIAC DOET NIAC DOET NIAC DOET NIAC DOET $25,000 - defense only NIAC DOET Unlimited www.niac.orq for details www.niac.orq for details www.niac.orq for details This summary is not a contract of insurance. It provides an overview of our policy key features. Refer to the actual coverage forms for the terms and conditions that govern your policy. Key Features 02 08 Page 2 of 2 Nonprofits' Insurance Alliance of California •ICwN...I ,NM V.0r•K.{ CALIFORNIA COMMERCIAL FLEET AUTOMOBILE INSURANCE CARD Company: Nonprofits' Insurance Alliance of California P.O. Box 8507, Santa Cruz, CA 95061-8507 Verify Coverage With or Report Claim To : Michael Ehrenfeld Company - (619) 683-9990 Insured Name : Address : Christmas in July- National City 2101 Hoover Avenue National City, CA, 91950 Policy Number : 2008-19055 Effective Date : 07/13/2008 Year Make/Model 1976 Ford Expiration Date : 07/13/2009 Vehicle Identification Number E38HHA128380 The above company declares that the policy described herein meets the requirements of California Vehicle Code Section 16054.2(b) and is a commercial or fleet policy. For additional information, contact your agent or broker. This card must be carried in this vehicle at all times as evidence of insurance and must be produced upon demand. Nonprofits' PWN onprofits' Insurance Alliance of California PRODUCER: NONPROFITS' INSURANCE ALLIANCE OF CALIFORNIA P.O. Box 8507, Santa Cruz, CA 95061 P: (800) 359-6422 F: (831) 459-0853 Nonprofits' Insurance Alliance of California A HEAD FOR INSURANCE ... A HEART FOR NONPROFITS NONPROFITS OWN COMMERCIAL LINES COMMON POLICY DECLARATIONS Michael Ehrenfeld Company 2655 Camino Del Rio N. Ste 200 San Diego, CA 92108 NAME OF INSURED AND MAILING ADDRESS: Christmas in July- National City 2101 Hoover Avenue National City, CA 91950 POLICY NUMBER: 2008-19055- NPO RENEWAL OF NUMBER: 2007-19055- NPO POLICY PERIOD: FROM 07/13/2008 TO 07/13/2009 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE BUSINESS DESCRIPTION: Home repair for the Elderly and Handicap IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THESE PREMIUMS MAY BE SUBJECT TO ADJUSTMENT. PREMIUM COMMERCIAL GENERAL LIABILITY COVERAGE PART - OCCURRENCE $1,035 COMMERCIAL AUTO LIABILITY COVERAGE PART $1,286 COMMERCIAL AUTO PHYSICAL DAMAGE COVERAGEPART $107 IMPROPER SEXUAL CONDUCT COVERAGE PART Not Covered COMMERCIAL LIQUOR LIABILITY COVERAGE PART INCLUDED TERRORISM COVERAGE (Certified Acts) $10 TOTAL: $2,438 FORM(S) AND ENDORSEMENT(S) MADE A PART OF THIS POLICY AT TIME OF ISSUE:' NIAC-GL-NPO NIAC-LL-NPO NIAC-AL-NPO SCHEDULE G/01 80, SCHEDULE LJO1 80, SCHEDULE BN01 80, CG 00 01/07 98, NPO-001/02 08, NIAC-X1/08 02, NIAC-E3/1-99, NIAC-E7/10 04, NIAC-E11/7-92, NIAC-E12/5-92, NIAC-E15/3-94, NIAC-E22/8-95, NIAC-E25/01 98, NIAC-E28/1-99, NIAC-E29/1-99, NIAC-E30/4-00, NIAC-E33/1-02, NIAC-E42/07 06, CG2101/11 85. CG 00 33/01 96, CG 20 11/01 96, CG 20 12/07 98, CG2018/11-85, CG2020/11-85, CG 20 26/07 04, CG 20 34/07 04, CG 21 16/07 98, CG 21 70/01 08, CG2230/11-85, CG2244/11-85, CG2407/11-85, CG2504/11-85, CG7794/04 93, IL 00 17/11 98, IL 02 70/11 04, IL 09 85/01 08, `OMITS APPLICABLE FORMS AND ENDORSEMENTS IF SHOWN IN SPECIFIC COVERAGE PART / COVERAGE FORM DECLARATIONS. ce. COUNTERSIGNED: 07/17/2008 BY (AUTHORIZED REPRESENTATIVE) THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. NIAC - CO - NPO (00068 - DB) CALIIfORNIA -R NALTIONAL Cfl' IHCORPORATCO City of National City (To be submitted only when there are no employees subject to Workers' Compensation) DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO: Critittlia6 in lute- NiefflOn41 (1fy (Company Name) For the purpose of inducing the C'ty of National City to go forward with any contracts awarded to 1h hcti1 Y (' in I Waticral CI (company name), I declare as follows: I, CCUIia Watt- KirK (name) , l: xe Ct tti ve DI rea-or (title), am an independent contractor for the purposes of the California Workers' Compensation and Labor laws. I will hire no employees other than my parents, spouse, or children for work required for any bid or contract awarded to my company. All work required will be performed personally and solely by me, my parents, spouse, or children. If, however, I shall ever be required to hire employees or Subcontractors to perform this contract, I shall obtain Workers' Compensation Insurance and/or provide proof of Workers' Compensation Insurance coverage to the City of National City. This document constitutes a declaration by me against my financial interest, relative to any claims I should assert under the California Workers' Compensation and/or Labor laws a ainst the City of National City relating to any bid or contract awarded Cl r l �ttrrlj In J (company name). National C4 111 • I will defend, indemnify, and hold harmless the City of National City, its officers and employees, from any and all claims and liability, including Workers' Compensation claims and liability that may be asserted or established by any party in the event I hire an employee in violation of this addendum, and I will further indemnify the City of National City, its officers and employees, for all damages the City thereby suffers. I agree that these declarations shall constitute an addendum to any bid awarded to: iISj flCt In .la j\ttho wl " 'J(companyname). Dated: rat -Wail 2CP , 20 01. CYIfi 1?'31�y in Tart- Nt&Noria4 Crttj (Company) By: (Signature of Authorized Represents ive -Exaative 17i revtc' (Name and Title) Attachment #i1 We Serve National City Host Lions Club Chartered July 19, 1944 P.O. Box 986 — National City, CA 91951-0986 March 10, 2009 RE: Assignment of FY 2008-2009 Supplemental CDBG Grant to Christmas in July*National City To Whom It May Concern: The National City Lions Club hereby relinquishes all rights, title, interest and duties under the City of National City Fiscal Year 2008-2009 Supplemental Community Development Block Grant for $102, 987 for the National City Youth Programs Enhancement Project. The National City Lions Club does not hold due any consideration for the CDBG grant. The National City Lions Club also understands that Christmas in July*National City may carry out the scope of work under the grant application submitted for this project. We appreciate the opportunity to serve the low income residents of the City of National City. Sincerely, RESOLUTION NO. 2009 — 71 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE RELINQUISHMENT OF FISCAL YEAR 2008-2009 SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF $102,987 FROM THE NATIONAL CITY LIONS CLUB, AND AUTHORIZING THE MAYOR TO EXECUTE A CDBG SUB -RECIPIENT AGREEMENT ALLOCATING SAID CDBG FUNDS TO CHRISTMAS IN JULY NATIONAL CITY WHEREAS, on December 2, 2008, the City of National City allocated Supplemental Community Block Grant funding for Fiscal Year 2008-2009 in the amount of $102,987 to the National City Lions Club for the National City Youth Program's Enhancement Public Service Activity; and WHEREAS, to better serve the needs of the National City youth sports programs, the National City Lions Club desires to relinquish the Supplemental CDBG funds, and has requested that the grant funds be allocated to Christmas in July National City, a non-profit corporation of the State of California, that has the organizational capacity to better serve the National City Youth Program's Enhancement Public Service Activity. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby accepts the National City Lions Club's relinquishment of Fiscal Year 2008- 2009 Supplemental Community Development Block Grant funding in the amount of $102,987. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute a CDBG Sub -Recipient Agreement allocating said FY 2008-2009 CDBG funds in the amount of $102,987 to Christmas in July National City for the National City Youth Program's Enhancement Public Service Activity. Said CDBG Sub -Recipient Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of April, 200 Ron Morrison, Mayor ATTEST: Michael R. Dalla, Ci Clerk /11:4/ APPROVED AS TO FORM: aft - George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on April 7, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California JA Rif City CI k of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-71 of the City of National City, California, passed and adopted by the Council of said City on April 7, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT '41"'MEETING DATE April 7, 2009 (TEM TITLE AGENDA ITEM NO. 14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE RELINQUISHMENT OF FISCAL YEAR 2008-2009 SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF $102,987 FROM THE NATIONAL CITY LIONS CLUB, AND AUTHORIZING THE MAYOR TO EXECUTE A CDBG SUB -RECIPIENT AGREEMENT ALLOCATING SAID CDBG FUNDS TO CHRISTMAS IN JULY NATIONAL CITY PREPARED BY Carlos Aguirre (Ext. 4391) DEPARTMENT Housing and Grants Division Community Development Dep. EXPLANATION On December 2, 2008, the National City Lions Club received an allocation of Community Development Block Grant (CDBG) funding for $102,987 for the National City Youth Enhancement Program's Enhancement Public Service Activity through the Fiscal Year 2008-2009 Supplemental CDBG funding cycle. The funded activity will allow the various National City youth programs to purchase durable equipment which will last several years. In order to better serve the needs of National City youth sports programs, the National City Lions Club desires to relinquish the Supplemental CDBG funds, and has requested that the grant funds be allocated to Christmas in July National City, a non-profit corporation of the State of California, that has the organizational capacity to better serve the National City Youth Program's Enhancement Public Service Activity. Christmas in July National City qualifies for CDBG grant funding as a non-profit public benefit 501(c)3 corporation and has the organizational capacity to execute the scope of services proposed. To allocate the FY 2008-2009 CDBG funds in the amount of $102, 987 to Christmas in July for the National City Youth Program's Enhancement Public Service Activity, the City must execute a CDBG Sub -Recipient Agreement between the City and Christmas in July. Environmental Review I N/A Financial Statement Approved By. finance Director $102,987 was allocated on December 2, 2008, through supplemental CDBG funding from previous - year program income. Account No. STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Assignment Letter from the National City Lions Club Attachment 2: National City Youth Enhancement Program Summary A-200 (9/99) -- INCORPORATED OFFICE OF THE CITY CLERK Christmas In July Resolution No. 2009-71 2008 — 2009 CDBG Funding Sub -Recipient Carlos Aguirre (Housing & Grant) Forwarded Copy of Agreement to the Recipient 1243 National City Blvd., National City, CA 91950 619-336-4228 phone • 619-336-4229 fax