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HomeMy WebLinkAbout2009 CON Fair Housing Council - CDBG 09-10Gea' 00'AO y06 • \-'d� SUBRECIPIENT AGREEMENT By and Between the City of National City and The Fair Housing Council of San Diego for the Fair Housing and Tenant -Landlord Education Services THIS AGREEMENT, entered this "�1Z" day of Ok.C"lAQ,F ' , 2009 by and between the City of National City (herein called the "Grantee") and The Fair Housing Council of San Diego (herein called the "Subrecipient.") WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; SCOPE OF SERVICE A. Activities: The Subrecipient will be responsible for administering the program titled, Fair Housing and Tenant -Landlord Education Services 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 Subrecipient certifies that the activity(ies) carried out under this Agreement will meet the National Objective of benefiting low- and moderate -income persons. C. Levels of Accomplishment — Goals and Performance Measures: The levels of accomplishment may include such measures as units rehabilitated, persons or households assisted, or meals served, and should include periods for performance. Refer to Exhibit A for levels of program services. D. Staffing: Subrecipient shall be responsible for staff and time to be allocated to each activity, as set forth in Exhibit A, attached hereto and incorporated herein. E. Performance Monitoring: The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE Services of the Subrecipient shall start on the 1st day of July, 2009 and end on the 30th day of June of 2010 in the case of Fair Housing Services and in the case of Capital Improvements end on June 30, 2011. The terra of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. III. BUDGET Any indirect costs charged must be consistent with the conditions of Paragraph VII (C)(2) of this Agreement. Subrecipient shall adhere to the budget breakdown, attached as Exhibit B and incorporated herein. Both the Grantee and the Subrecipient must approve any amendments to the budget in writing. Subrecipient Agreement Page 1 of 14 IV. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed Thirty Seven Thousand Six Hundred Ninety Five Dollars ($37,695.00). Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. V. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: Grantee "Subrecplen# Contact Person: Carlos Aguirre Contact Person: Mary Scott Knoll Organization: City of National City Organization: The Fair Housing Council of San Diego Address: 1243 National City Boulevard National City, CA 91950-4301 Address: 625 Broadway, Suite 1114 San Diego, CA 92101 Telephone: (619) 336-4391 Telephone: (619) 699-5888 Ext. 203 Email: caguirre@nationalcityca.gov Email: msk@fhcsd.com VI. GENERAL CONDITIONS A. General Compliance: The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. "Independent Contractor": Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. C. Hold Harmless: The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. Subrecipient Agreement Page 2 of 14 D. Workers' Compensation: The Subrecipient shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the Grantee and its elected officials, officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the Grantee or its elected officials, officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the Grantee under this Agreement. Insurance & Bonding: The Subrecipient, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies attached as Exhibit F: ❑ 1. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 2. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). 3. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. 4. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of subrecipient's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the Grantee. Said endorsement shall be provided prior to commencement of work under this Agreement. 5. The aforesaid policies shall constitute primary insurance as to the Grantee, its officers and employees, so that any other policies held by the Grantee shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the Grantee of cancellation or material change. 6. Said policies, except for the professional liability and workers' compensation policies, shall name the Grantee and its elected officials, officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. 7. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the Subrecipient shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro' date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. 9. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 10. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City Risk Manager. If the Subrecipient does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the Grantee may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 11. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the Grantee. The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall Subrecipient Agreement Page 3 of 14 purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantee Recognition: The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments: The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient. H. Suspension or Termination: In accordance with 2.4 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect. The Grantee shall have the right, in accordance with 24 C.F.R. 85.43, to terminate this Agreement immediately or withhold payment of invoice for failure of the SUB -RECIPIENT to comply with the terms and conditions of this Agreement. Should the Grantee decide to terminate this Agreement, after a full evaluation of all circumstances has been completed, the SUB -RECIPIENT shall, upon written request, have the right to an appeal process. A copy of the appeal process will be attached to any termination notice. If the Grantee finds that the SUB -RECIPIENT has violated the terms and conditions of this Agreement, the SUB -RECIPIENT may be required to: 1. Repay all monies received from the Grantee under this Agreement; and/or 2. Transfer possession of all materials and equipment purchased with grant money to the Grantee. In the case of early termination, a final payment may be made to the SUB -RECIPIENT upon receipt of a Final Report and invoices covering eligible costs incurred prior to 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 Subrecipient Agreement Page 4 of 14 terminate the award in its entirety. Grantee and sub -recipient agree to provide written notice to the other party thirty (30) days prior to the effective date of any termination, in whole or part, for convenience. VII. ADMINISTRATIVE REOUIREMENTS A. Financial Management 1. Accounting Standards: The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles: The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping 1. Records to be Maintained: The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention: The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four- year period, whichever occurs later. 3. Client Data: The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 4. Disclosure: The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by the State and for Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs: The Subrecipient's obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, Subrecipient Agreement Page 5 of 14 program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits & Inspections: All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and OMB Circular A-133. 7. Additional Documentation: Subrecipient agrees to provide a list of its Board of Directors, By -Laws, Exhibit C, and any additional documents, as required in Exhibit "D" and "E," attached and incorporated herein. C. Reporting and Payment Procedures 1. Program Income: The Subrecipient shall report quarterly all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Grantee at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. 2. Indirect Costs: If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 3. Payment Procedures: The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient. 4. Progress Reports: The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee. D. Procurement: 1. Compliance: The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non - expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement. 2. OMB Standards: Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. Subrecipient Agreement Page 6 of 14 3. Travel: The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets: The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement [or such longer period of time as the Grantee deems appropriate]. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the Grantee deems appropriate]. 3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. VIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. [The Grantee may preempt the optional policies.] The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG- assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. IX. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance: The Subrecipient agrees to comply with local and state civil rights ordinances here and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Subrecipient Agreement Page 7 of 14 2. Nondiscrimination: The Subrecipient agrees to comply with the non- discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 4. Land Covenants: This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504: The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action 1. Approved Plan: The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds, consistent with the policy in Exhibit "F", attached hereto and incorporated herein. 2. Women- and Minority -Owned Businesses (W/MBE): The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records: The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications: The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Subrecipient Agreement Page 8 of 14. 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement: The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions: The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity: The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards: The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance: Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the Subrecipient Agreement Page 9ofi1 b. greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. Notifications: The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts: The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability: The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts: a. Approvals: The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. b. Monitoring: The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient Agreement Page 10 of 14 c. Content: The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process: The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. 3. Hatch Act: The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest: The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. 5. Lobbying: The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and Subrecipient Agreement Page 11 of 14 cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying Certification: This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright: If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Activities: The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. X. ENVIRONMENTAL CONDITIONS A. Air and Water: The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: • Clean Air Act, 42 U.S.C. , 7401, et seq.; • Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; • Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection: In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint: The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation: The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. Subrecipient Agreement Page 12oft4 XI. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. XII. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. XIII. WAIVER The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XIV. INTERPRETATION OF THE AGREEMENT The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. The Agreement does not limit any other rights or remedies available to the Grantee. The SUB -RECIPIENT shall be responsible for complying with all local, state, and federal laws whether or not said laws are expressly stated or referred to herein. Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not containing such revision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are severable. XV. ATTORNEY'S FEES In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of, this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non - prevailing party all reasonable attorney's fees, costs, and expenses incurred by the prevailing party. XVI. ENTIRE AGREEMENT This agreement constitutes the entire agreement and the attachments referenced below between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement. ATTACHMENTS Exhibit A -Scope of Services Exhibit B-Budget Exhibit C-Board of Directors and Bylaws Exhibit D-Technical Assistance Materials Exhibit E-Affirmative Action Policy Exhibit F-Insurance Subrecipient Agreement Page 13 of 14 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. City of National City The Fair Housing Council of San Diego Ron IKorrison Mayor, City of National City APPROVED AS TO FORM George Eis6r City Attorney ATTEST City CI rk Mary Sco'noll Executiv- 1 ector Subrecipient Agreement Page 14 of 14 EXHIBIT A SCOPE OF SERVICES SCOPE OF SERVICES TEN STRATEGIC CITY OF NATIONAL CITY FAIR HOUSING ACTION PLAN -CONDENSED SERVICE COMPONENTS- FY 09-10 STRATEGIC PLAN -GOAL METHODOLOGY —ACTIVITY OBJECTIVE -COMPONENT 1.ADVOCACY- Serve as the community voice speaking to urge achievement of equal housing • Advocate for and promote compliance (w/fair housing laws) in furtherance of organizational objectives and also the goals of "affirmatively furthering" fair housing articulated by HUD and in the regional AI. Targeted groups include but are not limited to: opportunity for all qualified housing consumers in the San Diego region in diverse but connected housing field(s) ➢ Members, National City Collaborative & others > City Council, City Departments, local, regional and congressional representatives as appropriate/others Attend minimum of 12 Meetings and/or written information contacts per contract period 2.OUTREACH- Proactively reach out to a diverse, City-wide population to increase awareness concerning equal • Proactively reach out to a diverse, city-wide population to increase awareness concerning equal access to housing and inform the broad public about available. assistance through FHCSD services access to housing and inform the broad about available assistance through • Continue county/city-wide run of print ad in PennySaver outreach ad; also run PSAs in other publications such a LaPrensa and Voice and Viewpoint to cover broad language audience FHCSD services • Maintain and continuously update FHCSD WEB page at www.lhcsd.com • Develop outreach materials in connection with all events that are sponsored by FHCSD • Contact "Community Connections" list consisting of over 50 organizations via email campaign (Complete minimum of 3 outreach to" Connections" List per Quarter) • Utilize print media; news letters and meetings network for outreach activities (Four per year) • Media coverage via news article or op ed submission (One per year) • Attend community meetings for networking value (12 per contract period) • Others as needed and developed 3.EDUCATION —GENERAL PROGRAMS — Provide a menu of services to increase community • To foster promote and increase consumer/home seeker, provider/homeowner and property manager awareness of fair housing rights and responsibilities in the housing rental, sales, lending and property insurance marketplacc(s); knowledge base concerning fair housing rights and responsibilities; operate • Provide educational services consisting of workshops, written materials development and/or dissemination of multi-cultural/lingual/topical materials targeted, but not limited to telephone hotline as dual function- (1) 1. Southwestern College determine jurisdictional basis for 2. Black Infant Health complaint in take; (2) educate/refer caller 3. Operation Samahan with a non-discrimination issue 4. Union of Pan Asian Communities 1 STRATEGIC PLAN -GOAL OBJECTIVE -COMPONENT METHODOLOGY —ACTIVITY 5. National City Collaborative 6. National City Adult School • Conduct small and agency wide fair housing presentations (Minimum of 12 per year) • Continue county/city-wide run of print ad in PennySaver ad; • Continue run of PSAs on city/county TV • Contact UNIVISION to utilize Spanish language educational opportunities • Disseminate written flyers and brochures • Disseminate information via email • Others 4.EDUCATION —SPECIAL • Plan and present: PROGRAMS- Conduct three (3) ➢ Fair Housing Laws and Litigation Conference-2010 (One per year) primary special events to include: Fair ➢ UNITYFest (One per year, where other supported funding can be garnered from Housing Laws and Litigation private corporations) Conference; Unity Fest and National Fair ➢ Other Specialized programs upon request (Minimum of one per contract period) Housing Month event, where additional ➢ Provide educational service via telephone hotline; as needed (Daily) funds are available; Seek, develop and maintain non-CDBG support as the funding base for all special programs ➢ Others as needed 5.TECHNICAL ASSISTANCE AND • Maintain hotline to respond to non -in-depth inquiries (not requiring legal advice) from housing TRAINING PROGRAMS (GENERAL providers (Daily) PROGRAMS- Provide appropriate • Provide annual article on fair housing to industry publications, especially as associated w/ support programs for housing providers National Fair Housing Month (One per year) to foster comprehensive fair housing • Be available to provide fair housing written or in -person orientation presentation for Association compliance through industry practices of REALTORS® or other industry groups(By request only and where supported by private that are consistent with fair housing laws owner fees ) and regulations. • Participate in annual industry Expo (Annual) • Others as requested 6.TECHNICAL ASSISTANCE AND • Help real estate, property managers, lenders and property industry professionals achieve TRAINING- SPECIAL PROGRAMS: increased levels of voluntary compliance with fair housing requirements; Offer California Department of Real Estate • Offer specialized training for industry professionals who have been referred to FHCSD for Approved/Three Hour- Fair Housing training in post -complaint enforcement orders course for CLE credit where supported • Offer specialized training for National City owners and managers, including public housing staff 2 STRATEGIC PLAN -GOAL OBJECTIVE -COMPONENT METHODOLOGY —ACTIVITY through non-CDBG funding and other training under the FI-ICSD' S programs providing Department of Real Estate approved course on a date to be determined occurring after the Council's annual training conference. 7.ENFORCEMENT THROUGH COMPLAINT SCREENING INTAKE, INVESTIGATION AND • To provide and facilitate, access to enforcement assistance where bona -fide complaint of fair housing is received and verified through the FHCSD intake process in accordance with HUD enforcement requirements RESOLUTION Receive and investigate discrimination complaints and resolve • Maintain telephone hotline and receive (telephone hotline & walk-in/referrals) and process all discrimination complaints as alleged by the complainant. (Daily) through: education; counseling; conciliation; or referral to an enforcement entity -California State Department of • Educate callers regarding the legal definitions of housing civil rights and how these rights and legal protections differ from those under general tenant -landlord law, Americans with Disabilities regulations; and affordable housing concerns/other questions posed from the public (Daily) Fair Employment and Housing, U. S. • Screen calls to determine if a housing discrimination intake and/or an expedited testing process should begin(Daily) Department of Housing and Urban Development, or a private attorney • Initiate investigations into alleged discrimination complaints( Daily) • Track and recorded types of calls and the general areas/neighborhoods from which calls are being received in the jurisdiction(Daily) • Complete intake of meritorious/bona-fide complaints (Daily) ■ Complete case management and follow-up for each case handled which may require field visits for witness interviews or photographs; research; document preparation; telephone calls, follow-up and communicating with complainants and a variety of other related tasks (Daily). • Continue structuring all activities around case intake and development activities to reflect and support ease of identifying frustration of mission and diversion of resources damages as needed • Initiate litigation as needed and requested by complainant (As Needed) • File cases with HUD, DFEH and/or through private attorney (As meritorious complaints warrant) (As needed) • Initiate the Letter of Conciliation on a case by case basis as a pre -complaint resolution; Conciliation is particularly appropriate where case involves request for reasonable accommodations and modifications (As needed) ■ Refer all non-discrimination calls to appropriate community resources for assistance (Daily) (Undetermined and unpredictable #s to be reported on a quarterly/monthly basis) 8. FAIR HOUSING COMPLIANCE • Monitor advertising, print and internet MONITORING To monitor in areas that • Monitor multiple listings services do not necessarily involve an individual complainant but which nevertheless, have fair housing (discrimination) implications as identified below • Monitor brokerage services/others (Periodically) 3 STRATEGIC PLAN -GOAL OBJECTIVE -COMPONENT METHODOLOGY —ACTIVITY 9.PARTNERSHIP/LINKAGES AND COLLABORATIONS (Local/Regional) Create and strengthen linkages, relationships and collaborations with other related entities and constituents In the region, SDTATE AND NATION to promote fair housing compliance throughout the region Continue to build greater recognition of the principals and ideals of fair housing goals achievement in the National City and in the greater San Diego region • FHCSD executive director will continues to work with agencies and organizations listed below to collaborate and learn from other experts in the specialized areas of fair housing such as: mortgage lending and predatory lending issues; credit scoring problem areas; insurance redlining issues; hate crimes in housing; linguistic profiling and other emerging fair housing interest areas/other ancillary matters utilizing; current agency affiliation, linkage or partnerships that exist with - ➢ California Reinvestment Committee- ED is member of board of directors ➢ Los Angeles Advertising Task Force ➢ California Western School of Law —Collaborating partner for annual training conference > Tenant's —Legal Center > All Area Association of REALTORS® ➢ San Diego County Apartment Association > San Diego District Attorney's Office -Domestic Violence sub -group > Building Industry Association of San Diego > National Fair Housing Alliance- Agency is Affiliated Member and the ED is member of Board of Directors > John Marshall Law School Fair Housing Legal Support Clinic-ED is member of Advisory Board ➢ National Low Income Housing Coalition- Agency Member > National Community Reinvestment Committee -Agency is Member > Poverty Race Research Action Committee > North San Diego County NAACP -Oceanside > Housing Opportunities Coalition (Foreclosure Response and Prevention -San DiegoO ➢ Other Coalitions on issues of domestic violence; hate crimes; homelessness (Report minimum of 24 contacts per year) 10. ADVANCE SUPPORTIVE PUBLIC POLICY DEVELOPMENT AND COMPLETE DISCRIMINATION RESEARCH - Participate in local, regional and national (HUD funded) housing discrimination • Serve as needed to provide educational backdrop for pending legislation with fair housing impact and other community interest being promoted with fair housing ramifications (As Needed) 4 STRATEGIC PLAN -GOAL OBJECTIVE -COMPONENT METHODOLOGY —ACTIVITY audits; act a fair housing consultant or provide educational backdrop for proposed legislation Tenant/Real Estate Professional & • Continue tenant education services Landlord Education Component > Maintain telephone hotline for responding to the educational needs of the caller by: referring to www.dca.ca.gov; the Tenant's Legal Center, or the San Diego Legal Aid Society as needed > Provide limited telephone response (non -in-depth counseling) to inform caller of rights/responsibilities in area of: eviction; repair; rights of privacy; notice requirements; move- in/out inspection/other areas > Monitor callers form tenants to screen for "in -place" housing discrimination issues ➢ Track services through C-SAM database on limited basis. ➢ Provide limited telephone mediation especially where involving issues impacting persons with disabilities or families with children (Report on Quarterly/monthly Basis) OTHER IMPORTANT ACTIVITIES STAFF DEVELOPMENT AND TRAINING -Provide ongoing training opportunities for all staff to insure that staff keeps abreast of required knowledge and skills; Track areas o new and developing issues to determine the nature of training for staff • Provide ongoing training and update information and skills of staff (As needed) GENERAL OPERATIONS Insure infra -structure development in support of short and long range agency goals in the areas of staffing, equipment acquisition, office or program procedures, etc. • Updated Strategic and Action Plan for FHCSD Programs during FY 2009-10 FAIR HOUSING TRENDS AND INFORMATION UPDATE. Provide Forward written information to attention of funding source and others (On Quarterly information on fair housing trends, emerging issues and other data/reports to funding entities, public officials of the jurisdiction, CBOs/others support. Basis) 5 EXHIBIT B BUDGET The Fair Housing Council of San Diego Annual Operating Budget 2009-2010 National City Personnel Wages $26,832.00 Fringe Benefits $4,830.00 Subtotal $31,662.00 Operations Advertising $0.00 Contractual $0.00 Consultants $0.00 Educational Materials $0.00 Equip (Lease) $0.00 Equip (Maintenance) $0.00 Equip Purchase Insurance $1,188.00 Meetings Business $0.00 Membership/Dues $0.00 Office Supply/Ed. Materials $200.00 stage $100.00 Presenter Stipend-L & L Confer $0.00 Printing/Repro $400.00 Professional Services $200.00 Publication & Subscriptions $0.00 Registrations $90.00 Rent/Utilities $3,500.00 Space Rental (L & L Conference) $0.00 Sub -Contractors $0.00 Telephone $200.00 Tester (Enforcement) Expenses $0.00 Training (staff) $0.00 Travel Conference -Staff & L & L $0.00 Travel (Mileage) $355.00 Security Deposit -CO $0.00 Van Lease & Service $0.00 Personnel Sub -Total $31,357.00 Operations Sub -Total $6,338.00 Total $37,695.00 EXHIBIT C BOARD OF DIRECTORS AND BYLAWS Confidential FHCSD Board Roster Adriana Sanchez-Aldana Resource Teacher Sweetwater Union High School District 1312 E. Vaquero Court Chula Vista, CA 91910 (619) 691-5680 (619) 425-8728 Adriana.sanchez-aldana a( suhsd.k12.ca.us Brenda Mason Mason's Paralegal Service 625 Broadway, Suite 1106 San Diego, CA 92101 (619) 237-6058 (619) 237-0148 masonparalegal a yahoo.com Byron Mason Mason's Paralegal Service 625 Broadway, Suite 1106 San Diego, CA 92101 (619) 237-6058 (619) 237-0148 masonpaparalegal4evahoo.com Stacy Everson Seeds Educational Services 2707 Congress, Suite 1R San Diego, CA 92110 (619) 299-3161 stacyAseedseducation.org Jeffrey Jackson BenSara Enterprises (619) 250-7326 (619) 475-8573 vjac(a),cox.net Tim Baker Bridge Housing 9191 Towne Centre Drive Suite L101 San Diego, CA 92122 (858) 535-0552 (858) 535-0652 tbaker@bridgehousing. com Barbara Fielding Fielding Group 264-0075 byficldinggroup(a�aol.com Ted Graham 760 471-0869 760 822-2413 cell onerealtysolution nyahoo.com N K THE FAIR HOUSING COUNCIL OF SAN DIEGO INC. A California Nonprofit Public Benefit Corporation AMENDED AND RESTATED BYLAWS ARTICLE I Section 1.1. Name. The name of this Corporation is "THE FAIR HOUSING COUNCIL OF SAN DIEGO, INC." ARTICLE 11 Section 2.1. Principal Office. The principal office for the transaction of the activities and affairs of the Corporation is located at 625 Broadway, Suite 704, San Diego, CA 92101-5418. Section 2.2. Other Offices. The Board of Directors of THE FAIR HOUSING COUNCIL OF SAN DIEGO, INC. (The "Board") may at any time establish branch or subordinate offices at any place or places where the Corporation is qualified to conduct its activities. • ARTICLE III Section 3.1. Objectives and Purposes. This Corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for charitable purposes. The purpose of this Corporation is to actively support and encourage freedom of residency in the City and County of San Diego in accordance with the laws of the State of California and the United States which afford all persons the opportunity to secure the housing they desire and can afford; to lessen neighborhood tensions; to reduce prejudice and discrimination in housing and mortgage lending; to defend human and civil rights; and to promote fair housing laws. Section 3.2. Section 501(c)(3) Limitations. Such purposes for which this Corporation is organized are exclusively educational within the meaning and contemplation of Section 501(c)(c) of the Internal Revenue Code of 1986, as amended. ARTICLE 1V Section 4.1. Nonpartisan Activities. This Corporation has been formed under the California Nonprofit Public Benefit Corporation Law for the public purposes described above, and it shall be nonprofit and nonpartisan. No substantial part of the activities of the Corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate or intervene in (including publishing or disseminating statements) any political campaign on behalf of any candidate for public office. The Corporation shall not, except in an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the purposes described above. ARTICLE V Section 5.1. Dedication of Assets. The properties and assets of this nonprofit corporation are irrevocably dedicated to charitable purposes. No part of the net earnings, properties, or assets of this Corporation, on dissolution or otherwise, shall inure to the benefit of any private person or individual, or any director of this Corporation. On liquidation or dissolution, after paying or adequately providing for the debts and obligations of the Corporation, all remaining properties and assets shall be distributed and paid over to a non-profit fund, foundation or corporation which is organized and operated exclusively for educational purposes, provided that the organization -continues its tax-exempt status under Section 50I (a)(3) of the Internal Revenue Code of 1986 (and which is qualified for exemption from taxation under Section 23701d of the California Revenue and Taxation Code). ARTICLE VI Section 6.1. Members prohibited. The Corporation shall not have members. Section 6.2. Effect of Prohibition. Any action which would otherwise require approval by a majority of all members or approval by the members shall require only approval of the Board by majority vote or as otherwise provided herein or by applicable law. Section 6.3. Associates. Nothing in this Article VI shall be construed as limiting the right of the Corporation to refer to persons associated with it as "members" even though such persons are not members, and no such reference shall constitute anyone a member, within the meaning of Section 5056 of the Califomia Nonprofit Corporation Law. The Corporation may confer by amendment of its Articles or of these Bylaws some or all of the rights of a member, as set forth in the California Nonprofit Corporation law, upon any person or persons who do not have the right to vote for the election of directors or on a disposition of substantially all of the assets of the corporation or on a merger or on a dissolution or on changes of the Corporation's Articles or Bylaws or for the selection of delegates who possess any of the preceding voting rights, but no such person shall be a member within the meaning of said Section 5056. Ucchst\bylws.11796 2 ARTICLE VII Section 7.1. General Corporate Powers, Subject to the provisions and limitations of the California Nonprofit Public Benefit Corporation Law and any other applicable laws, and subject to any limitations of the Articles of Incorporation or Bylaws, the Corporation's activities and affairs shall be managed, and all corporate powers shall be exercised, by or under the direction of the Board. The Board may delegate the management of the activities of the Corporation to any person or persons, or committees however composed, provided that the activities and affairs of the Corporation shall be managed and all corporate powers shall be exercised under the ultimate direction of the Board. Section 7.2. Specific Powers. Without prejudice to such general powers set forth above, but subject to the same limitations, it is hereby expressly declared that the Board shall have the following powers in addition to the other powers enumerated in these Bylaws: 7.2.1. To select and remove officers, agents, and employees of the Corporation; prescribe powers and duties for them as may not be inconsistent with law, the Articles, or these Bylaws, and fix their compensation. 7.2.3. To conduct, manage, and control the affairs and activities of the Corporation and to make such rules and regulations therefor not inconsistent with law, the Articles or these Bylaws, as they may deem best. 7.2.4. To adopt, make and use a corporate seal and to alter the form of such seal from time to time as they deem best. 7.2.5. To borrow money and incur indebtedness for the purposes of the Corporation, and to cause to be executed and delivered therefor, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, or other evidences of debts and securities. Section 7.3. Number. The Board shall consist of at least seven (7) but no more than twenty-four (24) directors until changed by amendment to these Bylaws. The exact number of directors shall be fixed, within those limits, by a resolution adopted by the Board. Section 7.4. Oualifications. The Directors of the Corporation shall be committed to providing general support and direction for purposes listed in Section 3.2. Section 7.5. Restrictions on InterestedPersons as Directors. No person serving on the Board may be an interested person. An interested person is (a) any person compensated by the Corporation for services rendered to it within the previous twelve (12) months, whether as a full time or part time employee, independent contractor or otherwise, excluding any reasonable compensation paid to a director as a director; and (b) any brother, sister, ancestor, descendant, \icchsf\bylws.11796 3 spouse, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law or father-in-law of such person. However, any violation of the provisions of this paragraph shall not affect the validity or enforceability of any transaction entered into by the Corporation. Section 7.6. Election. Designation and Term of Office. At the first organizational meeting of the Board of Directors, the initial number of Directors shall be divided into two equal groups, with the term of office of one }soup to expire in one year and the term of office of the other group to expire in two years. Thereafter, fifty percent (50%) of the directors shall be elected annually for a two-year term to take the place of those whose terms expire. However, if any such directors are not elected at any annual meeting, they may be elected at any special members' meeting held for that purpose or by written ballot. Each such director, including a director elected to fill a vacancy or elected at a special members' meeting or by written ballot, shall hold office until expiration of the term for which elected and until a successor has been elected and qualified. Section 7.7. Vacancies. Subject to the provisions of Section 5226 of the California Nonprofit Public Benefit Corporation Law, any director may resign effective upon giving written notice to the President, or the Secretary or the Board, unless the notice specifies a later time for the effectiveness of such resignation. If the resignation is effective at a future time, a successor may be selected for such time, to take office when the resignation becomes effective. 7.7.1. Vacancies in the Board shall be filled in the same manner as the director or directors whose office is vacant was selected, provided that vacancies to be filled by election by directors may be filled by a majority of the remaining directors, although less than a quorum, or by a sole remaining director. Each director so selected shall hold office until the expiration of the term of the replaced director and until a successor has been selected and qualified. 7.7.2. A vacancy or vacancies in the Board shall be deemed to exist in case of the death, resignation or removal of any director, or if the authorized number of directors has increased. 7.7.3. The Board may declare vacant the office of a director who has been declared of unsound mind by a final order of Court, or convicted of a felony or found by a final order or judgment of any Court to have breached any duty arising under Article III of the California Nonprofit public Benefit Corporation Law or who has failed to attend three consecutive meetings of the Board, without good cause. 7.7.4. No reduction of the authorized number of directors shall have the effect of removing any director prior to the expiration of the director's term of office. Section 7.8. Place of Meeting. Meetings of the Board shall be held at any place within or outside the State of California that has been designated from time to time by the Board. In the absence of such designation, regular meetings shall be held at the principal office of the Corporation. 11cchsllbylws.11796 4 Section 7.9. Meetings by Telephone. Any meeting may be held by conference telephone or similar telecommunication equipment, as long as all directors participating in the meeting can hear one another and subject to the provisions of section 7.16. All such directors shall be deemed to be present in person at such a meeting. Section 7.10. Annual Meeting. The Board shall hold an annual meeting for purposes of organization, election of officers and directors, and the transaction of the business. Notice of this meeting is not required. The date, time and place of the annual meeting shall be set by Resolution of the Board between November 1 and December 31 of that year. Section 7.11. Regular Meetings. Regular meetings of the Board for any purpose or purposes may be held without notice of such time and place as the Board may fix from time to time. Section 7.12. Authority to Call Special Meetings. Special meetings of the board for any purpose may be called at any time by the President or any Vice -President, or the Secretary or any two directors. Section 7.13. Manner of Giving Notice of Special Meetings. Notice of the time and place of special meetings shall be given to each director by one of the following methods: (a) by personal delivery of written notice; (b) by first-class mail, postage prepaid; (c) by telephone, either directly to the director or to a person at the director's office who would reasonably be expected to communicate that notice promptly to the director; or (d) by telegram, charges prepaid. All such notices shall be given or sent to the director's address or telephone number as shown on the records of the corporation. Section 7.14. Time Requirements for Notice of Special Meetings. Notices sent by first- class mail shall be deposited in the United States mails at least four days before the time set for the meeting. Notices given by personal delivery, telephone, or telegraph shall be delivered, telephoned, or given to the telegraph company at least 48 hours before the time set for the meeting. Section 7.15. Notice Content. The notice shall state the time of the meeting, and the place, if the place is other than the principal office of the Corporation. It need not specify the purpose of the meeting. Section 7.16. Quorum. A majority of the elected number of directors shall constitute a quorum for the transaction of business, except to adjourn. Every action taken or decision made by _.a majority of the directors present at a duly held meeting at which a quorum is present shall be the act of the Board, subject to the more stringent provisions of the California Nonprofit Public Benefit Corporation Law, including, without limitation, those provisions relating to (a) approval of contracts or transactions in which a director has a direct or indirect material financial interest, (b) approval of certain transactions between corporations having common directorships, c) creation of and appointment to committees of the Board, and (d) indemnification of directors. A meeting at which a quorum is initially present may continue to transact business, despite the withdrawal of directors, \1cchsflbylws.11796 5 Asian and Pacific Islander renters is 21.5 % I rTHER QUALIFYING CRITERION: National Speaker; Consultant; Expert Witness; Fair Housing Research Services and national/state organization board/advisory board/other memberships & affiliations • The Council executive director is called upon to: provide consultations on fair housing; speak at various local and national fair housing events and submit articles for publication in local industry publications such as the San Diego Apartment Owners Association. The Council executive director is an instructor for HUD's National Fair Housing Training Academy o The Council executive director has been called upon by local attorney to serve as an expert witness for fair housing cases • The Council executive director serves on the board or directors of : National Fair Housing Alliance and the California Reinvestment Coalition and on the Advisory Boards of the Chicago -based John Marshall Scholl of Law -Fair Housing Support Center and the Fair Housing Fair Lending publication • The Council has been awarded contracts for the completion of Analysis of Impediment Studies including separate contracts for the County of San Diego, The City of San Diego and the Regional Analysis of Impediments to Fair Housing-2000 SPECIAL RECOGNITION AND ACHIEVEMENT 9. FHCSD's executive director recognized as a "Pioneer in Fair Housing", 2003 by the U. S. Department of Housing and Urban Development (HUD) 2. FHCSD's executive director receives Golden Bear Award for Outstanding services as a CRC Board of Director's member-2008 3. HUD "Best Practice" Award for Owner Training Symposia under Housing Mobility Programs 2002 4. Fair Housing Testing Award-2000 presented by the Urban Institute -Washington, D.C. 5. Fair Housing Testing Award-2001presented by The Urban Institute -Washington, D. C. 6 of the directors then in office, provided a quorum is present, may create one or more committees, each consisting of one (1) or more directors and other persons who are not Directors, to serve at the pleasure of the Board. Appointments to committees of the Board shall be by majority vote of the directors then in office. The Board may appoint one or more directors as alternate members of any such committee, who may replace any absent member at any meeting. Any such committee, to the extent provided in the Board resolution, shall have all the authority of the Board, except that no committee, regardless of Board resolution, may: Board; committee; 10.1.1. Fill vacancies on the Board or any committee that has the authority of the 10.1.2. Fix compensation of the Directors for serving on the Board or on any 10.1.3. Amend or repeal Bylaws or adopt new Bylaws; 10.1.4. Amend or repeal any resolution of the Board that by its expressed terms was not so amendable or repealable; 10.1.5. Create any other committees of the Board or appoint the members of the committees of the Board; or 10.1.6. Approve any contract or transaction to which the Corporation is a party and in which one or more of its directors has a material financial interest, except as special approval is provided for in Section 5233(d)(3) of the California Corporations Code. Section 10.2. Meetings And Actions Of Committees. Meetings and actions of committees of the Board shall be governed by, held and taken inaccordance with the provisions of these Bylaws concerning meetings and other Board actions, except that the time for regular meetings of such committees and the calling of special meetings of such committees may be determined either by Board resolution or, if there is none, by resolution of the committee of the Board. Minutes of each meeting of any committee of the Board shall be kept and shall be filed with the corporate records. The Board may adopt rules for the government of any committee, provided they are consistent with these Bylaws or, in the absence of rules adopted by the Board, the committee may adopt such rules. ARTICLE XI Section 11.1. Officers of the Corporation. The officers of the Corporation shall be a president, secretary, and treasurer. The Corporation may also have, at the Board's discretion, a one or more past presidents, one or more vice-presidents, one or more assistant secretaries, one or more assistant treasurers and such other officers as may be appointed in accordance with Section 11.03 of these Bylaws. Ucchsf\bylws.11796 7 Section 11.2. Election Of Officers. The officers of the Corporation, except those appointed under Section 11.3 of these Bylaws, shall be elected annually by the Board at the regular annual meeting of the Board and shall serve at the pleasure of the Board, subject to the rights, if any, of any officer under any contract of employment. If the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as conveniently may be. Each officer shall hold office until his successor shall have been duly elected and shall have qualified. Section 11.3. Other Officers. The Board may appoint and authorize the president or other officer, to appoint any other officers that the Corporation may require. Each officer so appointed shall have the title, hold office for the period, have the authority and perform the duties specified in these Bylaws or determined by the Board. Section 11.4. Removal Of Officer. Without prejudice to any rights of an officer under any contract of employment, any officer may be removed with or without cause by the Board and also, if the officer was not chosen by the Board, by any officer on whom the Board may confer that power of removal. Section 11.5. Resignation Of Officer. Any officer may resign at any time by giving written notice to the Corporation. The resignation shall take effect as of the date the notice is received or at any later time specified in the notice and, unless otherwise specified in the notice, the resignation need not be accepted to be effective. Any resignation shall be without prejudice to the rights, if any, of the Corporation under any contract to which the officer is a party. Section 11.6. Vacancies In Office. A vacancy in any office because of death, resignation, removal, disqualification, or any other cause shall be filled in the manner prescribed in these Bylaws for regular appointments to that office, provided, however, that vacancies need not be filled on an annual basis. Section 11.7. Responsibilities Of Officers. 11.7.1. President. Subject to the control of the Board, the President shall be the principal executive officer and general manager of the Corporation and shall supervise, direct and control the Corporation's activities, affairs and officers. The President shall preside at all Board meetings. The President shall have such other powers and duties as the Board or these Bylaws may prescribe. 11.7.2. Vice -President. In the absence of the President or in the event of his inability or refusal to act, the Vice -Presidents, if any, in order of their rank as fixed by the Board or, if not ranked, a Vice -President designated by the Board, shall perform all duties of the President. When so acting, a Vice -President shall have all powers of and be subject to all restrictions on the president. The vice-president shall have such other powers and perform such other duties as the Board or these Bylaws may prescribe. \1cchsf bylws.11796 8 11.2.3. Secretary. 11.23.1. Book of Minutes. The Secretary shall keep or cause to be kept, at the Corporations principal office or such other place as the Board may direct, a book of minutes of all meetings, proceedings and actions of the Board, and of committees of the Board. The minutes of meetings shall include the time and place that the meeting was held, whether the meeting was annual, regular or special, and, if special, how authorized, the notice given and the names of those present at Board and committee meetings. The Secretary shall keep or cause to be kept, at the principal office in California, a copy of the Articles of Incorporation and Bylaws, as amended to date. 11.2.3.2. Records. The Secretary shall keep or cause to be kept, at the Corporation's principal office or at a place determined by resolution of the Board, a record of the Corporation's Directors, showing each director's name, address and telephone number. 11.233. Notices. Seal and Other Duties. The Secretary shall give, or cause to be given, notice of all meetings of the Board and of committees of the Board required by these Bylaws to be given. The Secretary shall keep the corporate seal in safe custody and shall have such other powers and perform such other duties as the Board or these Bylaws may prescribe. 11.2.4. Treasurer. 11.2.4.1. Books of Account. The Treasurer shall keep and maintain, or cause to be kept and maintained, adequate and correct books and accounts of the Corporation's properties and transactions. The Treasurer shall send or cause to be given to the directors such financial statements and reports as are required to be given by law, by these Bylaws or by the Board. The books of account shall be open to inspection by any director at all reasonable times. 11.2.4.2. Deposits and Disbursements of Money and Valuables. The Treasurer shall deposit, or cause to be deposited, all money and other valuables in the name and to the credit of the Corporation with such depositories as the Board may designate, shall disburse the Corporation's funds as the Board may order, shall render to the President and the Board, when requested, an account of all transactions as chief financial officer and of the financial condition of the Corporation, and shall have such other powers and perform such other duties as the Board or the Bylaws may prescribe. 11.2.4.3. Bond. If required by the Board, the Treasurer shall give the Corporation a bond in the amount and with the surety or sureties specified by the Board for faithful performance of the duties of the office and for restoration to the Corporation of all its books, papers, vouchers, money and other property of every kind in the possession or under the control of the Treasurer on his or her death, resignation, retirement or removal from office. Ucchsf\bylws.11796 9 ARTICLE XII Section 12.1. Right Of Indemnity. To the fullest extent permitted by law, this Corporation shall indemnify its directors, officers, employees, and other persons described in Section 5238(a) of the California Corporations Code, including persons formerly occupying any such position, against all expenses, judgments, fines, settlements and other amounts actually and reasonably incurred by them in connection with any "proceeding" as the term is used in that section, and including an action by or in the right of the Corporation, by reason of the fact that the person is or was a person described in that section. "Expenses," as used in these Bylaws, shall have the same meaning as in Section 5238(a) of the California Corporations Code. Section 12.2. Approval Of Indemnity. On written request to the Board by any person seeking indemnification under Section 5238(b) or Section 5238(c) of the California Corporations Code, the Board shall promptly determine under Section 5238(e) of the California Corporations Code whether the applicable standard of conduct set forth in Section 5238(b) or Section 5238(c) has been met, and if so, the Board shall authorize indemnification. Section 12.3. Advancement Of Expenses. To the fullest extent permitted by law and except as otherwise determined by the Board in a specific instance, expenses incurred by a person seeking indemnification under Sections 12.01 and 12.02 of these Bylaws in defending any proceeding covered by those Sections shall be advanced by the Corporation for final disposition of the proceeding, on receipt by the Corporation of an undertaking by or on behalf of that person that the advance will be repaid unless it is ultimately determined that the person is entitled to be indemnified by the Corporation for those expenses. ARTICLE XIII Section 13.1. Insurance. The Corporation shall have the right to purchase and maintain insurance to fullest extent permitted by law on behalf of its officers, directors, employees and other agents, against any liability asserted against or incurred by any officer, director, employee or agent in such capacity or arising out of the officer's, director's, employee's or agent's status as such. ARTICLE XIV Section 14.1. Contracts. The Board may authorize any officer or officers, agent or agents of the Corporation, in addition to the officers so authorized by these By-laws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances. Section 14.2. Checks. Drafts. Etc. All checks, drafts or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Corporation, shall be signed by 1lcchsttbytws.11796 10 such officer or officers, agent or agents of the Corporation and in such manner as shall from time to time be determined by resolution of the Board. In the absence of such determination by the Board, such instruments shall be signed by the Treasurer or an Assistant Treasurer and countersigned by the President or a Vice -President of the Corporation. Section 143. Deposits. All funds of the Corporation shall be deposited from time to time to the credit of the Corporation in such banks, trust companies or other depositaries as the Board may select. Section 14.4. Gifts. The Board may accept on behalf of the Corporation any contribution, gift, bequest or devise for the general purposes or for any special purpose of the Corporation. Section 14.5. Limitation on Authority to Expend Funds/Execute Contracts. No director or officer shall obligate the corporation without specific authority from the Board. Attempts to obligate the corporation without such authority are void. Any note, mortgage, evidence of indebtedness, contract, share certificate, conveyance or other instrument in writing and any assignment or endorsement thereof executed or entered into between this corporation and any other person, may be signed by any person or persons and in such manner as from time to time shall be determined by the Board and, unless so authorized by the Board, no officer, agent or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit or render it liable for any purpose or amount. ARTICLE XV Section 15.1. Maintenance Of Corporate Records. The Corporation shall keep: 15.1.1. Adequate and correct books and records of account; 15.1.2. Written minutes of the proceedings of its Board, and committees of the Board; 15.1.3. A record of each Director's name, address and telephone number; 15.1.4. A copy of the Articles of Incorporation and Bylaws of the Corporation and any amendments thereto; and • 15.1.5. Current copies of all insurance policies. Section 15.2. Inspection By Directors. Every director shall have the absolute right at any reasonable time to inspect the Corporation's books, records, documents of every kind, physical properties, and the records of each of its subsidiaries. The inspection may be made in person or by the director's agent or attorney. The right of inspection includes the right to copy and make extracts vechsAbyIws. r 1796 11 of documents. ARTICLE XVI Section 16.1. Amendments Of Bylaws. These Bylaws may be amended by vote or written consent of the majority of the Board. Provided, however, that no new Bylaws or amended Articles shall be adopted which would cause a loss of the Corporation's nonprofit status for federal and state income tax purposes, nor any Bylaws or amended Articles be adopted which would be in substantial conflict with the goals, purposes or objectives of this Corporation. ARTICLE XVII Section 17.1. Construction and Definition. As used in these Bylaws: 17.1.1. The present tense shall include the past and future tense, and the future tense shall include the present. 17.1.2. The masculine gender shall include the feminine and neuter. 17.1.3. The singular number shall include the plural number and the plural number shall include the singular. 17.1.4. The word "shall" is mandatory and the word "may" is permissive. 17.1.5. The word "directors" and "board" as used in these Bylaws in relation to any power or duty requiring collective action, mean "Board of Directors." 17.1.6. The term "person" includes both a legal entity and a natural person. 11cchsf\bylws.11796 12 EXHIBIT D TECHNICAL ASSISTANCE MATERIALS The Subrecipient attended the Community Development Block Grant (CDBG) Technical Assistance Workshop held on June 25, 2009 and received the following items: 1. Playing by the Rules, A Handbook for CDBG Sub -recipients on Administrative Systems 2. OMB Circular No. A-122: Cost Principals for Non -Profit Organizations 3. Quarterly/Annual Performance Reporting Form 4. A Comprehensive Compliance and Performance Monitoring Checklist 5. Expenditure Reimbursement Claim Form 6. Qualifying Beneficiary Intake Data Form 7. Sample Sub -recipient Agreement and Exhibits (Scope of Services, Budget, Board of Directors and By-laws, Affirmative Action Policy and Insurance Requirements) The workshop and reference documents will assist the Subrecipient to understand U.S Department of Housing and Urban Development (HUD) and City of National City rules, regulations, and reporting requirements. The Grantee also reviewed CDBG regulations under Title 24 and the CDBG webpage on the HUD website: http://www.hud.gov/offices/cpd/communitydevelopment/programs/entitlement 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 Provide any facilities, services, financial aid, or other benefits which are different or are provided in a different form from that provided to others under the program or activity; or 3) Subject to segregated or separate treatment in any facility in, or in any matter of process related to receipt of any service or benefit under the program or activity; or 4) Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity; or 5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services, or other benefits provided under the program or activity; or 6) Deny any opportunity to participate in a program or activity as an employee. c. SUB -RECIPIENT may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race, religion, color, national origin, sex, sexual preference, or handicap, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular race, religion, color, national origin, sex, sexual preference or handicap. d. SUB -RECIPIENT, in determining the site or location of housing or facilities provided in whole or in part with CDBG funds, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination on the grounds of race, color, national origin, or sex, or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto: e. In administering a program or activity funded in whole or in part with CDBG funds regarding which the SUB -RECIPIENT has previously discriminated against persons on the grounds of race, religion, color, national origin, sex, sexual preference or handicap, the SUB -RECIPIENT must take affirmative action to overcome the effects of prior discrimination. f. Even in the absence of such prior discrimination, a SUB -RECIPIENT in administering a program or activity funded in whole or in part with CDBG funds should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin, or sex. Where previous discriminatory practice or usage tends, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, to exclude individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program or activity to which CDBG funding applies, the SUB -RECIPIENT has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964. g. A SUB -RECIPIENT shall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. h. Notwithstanding anything to the contrary in Sections J. 1. (a. through h.), nothing contained herein shall be construed to prohibit any SUB -RECIPIENT from maintaining or constructing separate living facilities or rest -room facilities for the different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed only by a member of the same sex as the recipients of the services. 2. Employment Discrimination a. SUB -RECIPIENT shall not discriminate against any employee or application for employment because of race, color, religion, sex, national origin, age, or handicap. SUB -RECIPIENT shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, age, or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rate -of -pay or other forms of compensation and selection for training including apprenticeship. SUB -RECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. b. SUB -RECIPIENT shall, in all solicitations or advertisements for employees placed by or on behalf of SUB -RECIPIENT, state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or handicap. c. SUB -RECIPIENT shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the CDC's contracting officers, advising the labor union or workers' representative of SUB -RECIPIENT'S commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notices in conspicuous places available to employees and applicants for employment. d. SUB -RECIPIENT shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.. e. SUB -RECIPIENT shall furnish to the CDC all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the related rules, regulations, and orders. f. In the event of SUB -RECIPIENT'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and SUB - RECIPIENT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. SUB -RECIPIENT shall include the provisions of Section II. J. 2. (a. through f.), "Affirmative Action Policy," paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. SUB -RECIPIENT shall take such action with respect to any subcontract or purchase order as the CDC may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event SUB -RECIPIENT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CDC, SUB -RECIPIENT may request the United States to enter into such litigation to protect the interests of the United States. h. SUB -RECIPIENT shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). SUB -RECIPIENT shall also provide ready access to and use of all CDBG fund -assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.). 3. Remedies: In the event of SUB -RECIPIENT'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and SUB - RECIPIENT may be declared ineligible for further government contracts and any such other sanctions as may be imposed and remedies invoked as provided by law. EXHIBIT F INSURANCE ACORD TM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/29/2009 PRODUCER Phone. (626)815-1550 Fax: (626) 815-1552 CHARITY ONE INSURANCE AGENCY, INC. 680 E ALOSTA STE 104 AZUSA CA 91702 INSURED FAIR HOUSING COUNCIL OF SAN DIEGO 625 BROADWAY, SUITE 1114 SAN DIEGO CA 92101-5418 Agency Lich 0E81017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Nonprofit Insurance Alliance of CA NAIC # INSURER B: State Fund Insurance Compensation INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'' INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DONY) POLICY EXPIRATION DATE (MM1llDD1YY) LIMITS A GENERALLIABIUTY COMMERCIAL GENERAL LIABILITY 2009-17054-NPO 10/17/09 10/17/10 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PREMISES (Ea ocwrerce) $ 500,000 CLAIMS MADE X i OCCUR MED. EXP (Anyone person) $ 20,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: ---- PRO- ( POLICY I JECT LOC PRODUCTS-COMP/OP AGG. $ 2,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accdent) $ BODILY INJURY (Per person) $ BODILY INJURY (Peraccident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS / UMBRELLA UABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ 8 WORKERS COMPENSATION AND EMPLOYERS' UABIUTY AMY PROPRIETOWVARTrvEwExEcurNE OFFERS Exc Lt10ED'1 If yes, de.e PROVISIONScnb.unSICNr below 1875092-09 10/01/09 10/01/10 WC STATU- TORY LIMITS OTHER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER: DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS THE CITY OF NATIONAL CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS ARE HEREBY NAMED AS AN ADDITIONAL INSURED WITH RESPECTS TO CLAIMS ARISING OUT OF THE NAMED INSUREDS OPERATIONS. THIS INSURANCE SHALL BE PRIMARY TO THE COVERAGE OF THE CITY OF NATIONAL CITY CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY , CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 461144tfrard z�'7)Attention: L�� "� ACORD 25 (2001/08) Certificate # 3494 ©ACORD CORPORATION 1988 POLICY NUMBER: 2009-17054-NPO COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 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): CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 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, and for which a certificate of insurance naming such person or organization as additional insured has been issued, but only with respect to their liability arising out of their requirements for certain perform- ance placed upon you, as a nonprofit organization, in consideration for funding or financial contribu- tions you receive from them. 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. 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 include as an additional insured the person(s) or organization(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 omissions 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. THE CITY OF NATIONAL CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS ARE HEREBY NAMED AS AN ADDITIONAL INSURED WITH RESPECTS TO CLAIMS ARISING OUT OF THE NAMED INSURED'S OPERATIONS. THIS INSURANCE SHALL BE PRIMARY TO THE COVERAGE OF THE CITY OF NATIONAL CITY CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 12/08/2009 17:59 FAX 2137414548 AAA AUTOCLUB 1001 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID DA12/08/ 9 EXTEND OR BELOW. PRODUCER Automobile Club of So . Calif P.O. Box 25443 Santa Asia CA 92799-5443 Phone:886-416-2402 Fax:213-741-3005 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. ALTER THE COVERAGE AFFORDED BY THE POLICIES INSURERS AFFORDING COVERAGE NAIC# INSURED The Fair Housing Council of s.D. 625 Broadwaay.9 Suite 1114 San Diego INSURERA. Infinity Insurance Company INSURER R INSURER C' INSURER D: INSURER E. ...........-..-....‘......- THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED 8Y PAID CLAIMS. INbN LTR AUD1. INSRCI TYPE OF INSURANCE POLICY NUMBER POLICY EPFECTIVE DATE (MM/DOM') POLICY I XPIHA uuN` DATE (MMIDOIYYj LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAbe 10 RENIEO PREMISES {Ea occur/Ince) $ CLAIMS MADE OCCUR MED EXP (Any cue person) $ PERSONAL a ADV INJURY $ GENERAL AGGREGATE 5 GERI_ AGGREGATE LIMIT APPLIES PER POLICY r J' LOC PRODUCTS - COMP/OP AGG S A X AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.OWNED AUTOS 504610016829001 09/11/09 09/11/10 COMBINED SINGLE LIMIT (E'saldenq $ 1, 000, 000 BODILY INJURY (Per person) $ X — BODILY INJURY IPar pcddent) $ PROPERTY DAMAGE (Per occident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY. EA ACCIDENT $ OTHER THAN EA ACC S AUTO ONLY; AGG $ EXCES$IUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION SWrUS EACH OCCURRENCE $ AGGREGATE $ I 'S WORKERS COMPENSATION AND EMPLOYERS' IIABILiT ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes. descr1be under SPECIAL PROVISIONS beEW LL _ T IMI S LER E.L. EACH ACCIDENT 5 EL. DISEASE- EA EMPLOYEE $ EL. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT !SPECIAL PROVISIONS It is agreed that The City of National City, its elected officials, officers, agents and employees are named as Additional Insured. * 10 DAY NOTICE OF CANCELLATION APPLIES ONLY FOR NON-PAYMENT OF PREMIUM * CERTIFICATE HOLDER City of National City 1243 National City Boulevard National city CA 91950-4301 ACORD 25 (2001/08) CANCELLATIO SHOULD ANY OF THE ABOVE CESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAY5 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. RUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KING UPON THE MISURER, IT$ AGENTS OR REPRESENTATIVES. AUTMDRIZED REPRESENTATIVE Shameka Jenkins ' ®AD CORPORATION 1988 CERTHOLDER COPY STATE COMPENSATION INSURANCE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 11-16-2009 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 SD GROUP: POLICY NUMBER: 1875092-2009 CERTIFICATE ID: 4 CERTIFICATE EXPIRES: 10-01-2010 10-01-2009/10-01-2010 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. THORIZED REPRESENTATIVtiJ PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2009-11-16 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF NATIONAL CITY ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2009 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2009-11-16 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NATIONAL CITY EMPLOYER THE FAIR HOUSING COUNCIL OF SAN DIEGO (A SD NON-PROFIT CORP) 625 BROADWAY STE 1114 SAN DIEGO CA 92101 [JFU,CSJ SD (REV.2-05) PRINTED : 11-16-2009 RESOLUTION 2009 — 87 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMITTAL OF THE 2009/2010 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAMS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) WHEREAS, as an entitlement community, the City of National City administers the Community Development Block Grant (CDBG) and the Home Investment Partnership Act (HOME) Program for the Federal Government under the United States Department of Housing and Urban Development (HUD); and WHEREAS, HUD requires that all CDBG and HOME Program entitlement communities, such as the City of National City, hold Public Hearings to solicit input on a the Annual Action Plan; and WHEREAS, the City Council of the City of National City conducted a duly advertised public hearing on January 20, 2009; March 3, 2009; March 17, 2009; and April 21, 2009; and WHEREAS, the Annual Action Plan addresses the housing and community development needs assessed in the City's 5-Year Consolidated Plan for FY's 2005-06 through 2009-10, adopted by the City Council in May 2005. The Annual Action Plan, attached hereto as Exhibit "A," includes a listing of projects/activities to be undertaken in Fiscal Year 2009-2010 utilizing CDBG and HOME funds; and WHEREAS, HUD has not released the final formula annual allocation and an estimate for the total allocation is used to calculate funding allocations for both the CDBG and HOME programs based on information provided by the National Association of Housing and Redevelopment Officials. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby approves and authorizes the submission of the FY 2008-2009 Annual Action Plan for the expenditure of said funds to the U.S. Department of Housing and Urban Development (HUD)_ BE IT FURTHER RESOLVED, that the City of National City will adjust the grant amounts once the final formula allocation is released by HUD as follows: A. If the final allocation is greater than the estimated amount for the CDBG and HOME Programs, then all activities will share a proportional increase in funding with the exception of Activity No. 8 Fire Apparatus Lease Payment No. 5 of 5, which will remain as stated as it is a fixed payment amount. B. If the final allocation is less than the estimated amount for the CDBG and HOME Programs, then all activities will share a proportional decrease in funding with the exception of Activity No. 8 Fire Apparatus Lease Payment No. 5 of 5 and any activity at or below $20,000 for which the funding will remain as stated. Resolution No. 2009 — 87 Page 2 April 21, 2009 In the event a change in funding, whether an increase or decrease, is greater than 5% the allocation will be brought forth to the City Council for review. PASSED and ADOPTED this 21st day of April, 2009. £rison,Mayor ATTEST: MI ael R. Della / ity Clerk APPROVED AS TO FORM: /Th9 George H. Eiser, III City Attorney FISCAL YEAR 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM (Page 1 of 2) FY 2009- 2010 CDBG ESTIMATED PROGRAM ENTITLEMENT $1,107,495 AGENCY NAME ACTIVITY NAME NUMBER TO BENEFIT FROM THE ACTIVITY CDBG FUNDING REQUEST PUBLIC SERVICE ACTIVITIES 1 City of National City - Public Library National City Public Library Literacy Services 220 Individuals $47,250 2 City of National City - Community Services Department At Risk Youth After -school Program "Supreme Teens" 100 Individuals $20,000 3 City of National City - Community Services Department Tiny Tots 30 Individuals $_29,337 4 City of National City - Police Department Homeless Outreach Program and Enforcement 250 Individuals $41,537 5 PASACAT The Philippines Through Music and Dance 2,755 Individuals $10,000 6 South Bay Community Services National City Police Department Juvenile Diversion Program 55 Individuals $10,000 7 Trauma Intervention Programs of San Diego County, Inc. Crisis Intervention Team 799 Households $8,000 TOTAL FOR PUBLIC SERVICE ACTIVITIES 166,124 PRIOR YEAR COMMITMENTS TO PHYSICAL IMPROVEMENT ACTIVITIES Public Facility Improvement Activities 8 City of National City - Fire Department Fire Apparatus Lease Payment 5 of 5 1 Fire Apparatus / Equipment $84,906 TOTAL PRIOR YEAR COMMITMENTS $84,906 PHYSICAL IMPROVEMENT ACTIVITIES Rehabilitation and Repair Activities 9 10 Christmas in July * National City Home Repair Program 10 Households $110,000 City of National City- Community Development Department Granger Hall Preservation and Heritage Tourism Planning 1 Historic Restoration (14,474 Households) $25,000 11 National City Living History Farm Preserve Stein Farm Community Use Planning 1 Community Facility $40,000 Public Facility Improvement Activities 12 Council of Philippine American Organizations of San Diego County, Inc. COPAO Buildin Renovation Pro ect 1 Public Facility Improvement $15,000 13 City of National City - Engineering Department Soccer Field Public Infrastructure Im rovements $79,466 Resolution No. 2009-87 Page lof3 EXHIBIT "A" FISCAL YEAR 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM (Page 2 of 2) TAB # AGENCY NAME ACTIVITY NAME NUMBER TO BENEFIT FROM THE ACTIVITY CDBG FUNDING REQUEST Public Infrastructure Improvement Activities 14 City of National City - Engineering Department Miscellaneous Concrete Improvements Public Infrastructure Improvements $100,000 15 City of National City - Engineering Department Miscellaneous Storm Drain Improvements Public Infrastructure Improvements $125,500 16 City of National City - Engineering Department ADA Master Plan Public Infrastructure Improvements $140,000 $634,966 TOTAL NEW PHYSICAL IMPROVEMENT ACTIVITIES CDBG PROGRAM ADMINISTRATION 17 City of National City - Community Services Department Neighborhood Council Program 18 The Fair Housing Council of San Diego Fair Housing and Tenant -Landlord Education Services 19 City of National City - Community Development Department CDBG Program Administration TOTAL FOR PROGRAM ADMINISTRATION Resolution No. 2009-87 n/a $105,000 n/a $38,000 n/a $78,499 $221,499 Page 2 of 3 EXIIIBIT "A" FISCAL YEAR 2009-2010 HOME INVESTMENT PARTNERSHIPS ACT (HOME) PROGRAM (Page 1 of 1) FY 2009- 2010 HOME PROGRAM ESTIMATED ENTITLEMENT $645,850 AGENCY NAME ACTIVITY NAME NUMBER TO BENEFIT FROM THE ACTIVITY HOME FUNDING REQUEST AFFORDABLE HOUSING ACTIVITIES 1 City of National City - Community Development Department First Time Homebuyer Program 10 Households $360 000 5124,387 2 City of National City - Community Development Department Rehabilitation Program 8 Households 3 City of National City - Community Development Department Community Housing Development Organization Set - Aside n/a $96,878 4 City of National City - Community Development Department HOME Program Administration n/a $64,585 TOTAL HOME ACTIVITIES AND ADMINISTRATION $645,850 Resolution No. 2009-87 Page 3 of 3 EXfi1 Passed and adopted by the Council of the City of National City, California, on April 21, 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 MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-87 of the City of National City, California, passed and adopted by the Council of said City on A. 2009. N 0 City J/Yerk of the City of ational City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT '.nNEETING DATE April 21, 2009 AGENDA ITEM NO. 22 (ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FISCAL YEAR (FY) 2009-2010 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS PREPARED BY Carlos Aguirre eiV (Ext. 4391) DEPARTMENT Community Development Dep. Housing and Grants Division EXPLANATION Upon the conclusion of Public Hearing No.4, the City Council will consider the adoption of the attached resolution approving the FY 2009-2010 Annual Action Plan. The Annual Action Plan (AAP) addresses the housing and community development needs assessed in the City's 5-Year Consolidated Plan for FY's 2005-06 through 2009-10, adopted by the City Council in May 2005. The AAP includes a listing of all proposed projects/activities to be undertaken in FY 2008- 2009 (July 1, 2008 - June 30, 2009) utilizing CDBG and HOME program funding. Environmental Review '1 N/A Financial Statement Approved By. • Finance Direct.r The estimated amount of funding available for FY 2009-2010 for each program is as follows: r Community Development Block Grant - $1,107,495 Account No. 3Ot-0OOO-114'6 Home Investment Partnership Program - $645,850 sos_ oo •• - 34118 STAFF RECOMMENDATION Adopt attached resolution. BOARD / COMMISSION RECOMMENDATION Not applicable to this report. I ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Summary of FY 2009-2010 CDBG and HOME Program Funding Recommendations A-200 (9/99) OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax December 15, 2009 Ms. Mary Scott Knoll The Fair Housing Council of San Diego 625 Broadway, Suite 1114 San Diego, CA 92101 Dear Ms. Scott Knoll, On December 14th, 2009, an agreement was entered between the City of National City and The Fair Housing Council of San Diego We are enclosing for your records a fully executed original agreement. Sincerely, /a/ Michael R. Dalla, CMC City Clerk Enclosure cc: Housing & Grants Division