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HomeMy WebLinkAbout2010 CON PASACAT - CDBG 09-10 Sub-RecipientSUBRECIPIENT AGREEMENT By and Between the City of National City and PASACAT, INC. for the The Philippines Through Music and Dance THIS AGREEMENT, entered this '1°1" day of , , 2010 by and between the City of National City (herein called the "Grantee") and PASACAT, Inc. (herein called the "Subrecipient.") WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; SCOPE OF SERVICE A. Activities: The Subrecipient will be responsible for administering the program titled, The Philippines Through Music and Dance Program in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include activities eligible under the Community Development Block Grant (CDBG) program, as specified in Exhibit A, attached and incorporated herein. B. National Objectives: All activities funded with CDGB funds must meet one of the CDBG program's National Objectives: benefit low- and moderate -income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 The 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 Public Services and in the case of Capital Improvements end on June 30, 2011. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. III. BUDGET Any indirect costs charged must be consistent with the conditions of Paragraph VII (C)(2) of this Agreement. Subrecipient shall adhere to the budget breakdown, attached as Exhibit B and incorporated herein. 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 this Agreement shall not exceed Ten Thousand Dollars ($10,000.00 payment of eligible expenses shall be made against the line item Paragraph III herein and in accordance with performance. Expenses for shall also be paid against the line item budgets specified in Paragraph with performance. Payments may be contingent upon certification of the Subrecipient's system in accordance with the standards specified in 24 CFR 84.21. by the Grantee under Drawdowns for the budgets specified in general administration III and in accordance financial management 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 'It, - subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: Grantee Subrecipient Contact Person: Carlos Aguirre Contact Person: Anamaria Labao Cabato Organization: City of National City Organization: Pasacat, Inc. Address: 1243 National City Boulevard National City, CA 91950-4301 Address: 102 East 16th St. National City, CA 91950 Telephone: (619) 336-4391 Telephone: (619) 477-3383 Email: i caguirre@nationalcityca.gov Email: admin@pasacat.or9 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' Comaensation: 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. 8. 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 modificati_, will be incorporated only by written amendment signed by both Grantee and Subrecipient. H. Suspension or Termination: In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect. The Grantee shall have the right, in accordance with 24 C.F.R. 85.43, to terminate this Agreement immediately or withhold payment of invoice for failure of the SUB -RECIPIENT to comply with the terms and conditions of this Agreement. Should the Grantee decide to terminate this Agreement, after a full evaluation of all circumstances has been completed, the SUB -RECIPIENT shall, upon written request, have the right to an appeal process. A copy of the appeal process will be attached to any termination notice. If the Grantee finds that the SUB -RECIPIENT has violated the terms and conditions of this Agreement, the SUB -RECIPIENT may be required to: 1. Repay all monies received from the Grantee under this Agreement; and/or 2. Transfer possession of all materials and equipment purchased with grant money to the Grantee. In the case of early termination, a final payment may be made to the SUB -RECIPIENT upon receipt of a Final Report and invoices covering eligible costs incurred prior to 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 4of14 terminate the award in its entirety. Grantee and sub -recipient agree to provide written notice to the other party thirty (30) days prior to the effective date of any termination, in whole or part, for convenience. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards: The 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 i4 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 tit 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 Minoritv-Owned Businesses (W/MBE): The Subrecipient will use its hest 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 trader 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 9 of 14 greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications: The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts: The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability: The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 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 1 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 12 of 14 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 Ron Morrison PASACAT, Inc. Anamaria Lababa o Mayor, City of National City Executive Direct APPROVED AS TO FORM George Eiser City Attorney ATTEST ij9tA, City Jerk Subrecipient Agreement Page 14 of 14 1. The P per rrs P1 EXHIBIT A SCOPE OF SERVICES consists of the followin• activities: The Philippines Through Dance and Music workshop is an on -going outreach program presented by PASACAT to its performing members and students in the National School District. The outreach staff delivers lessons on basic folk dance, and progress into choreographed dances which are performed by their students at community events. PASACAT provides classes on traditional Philippine dance and music and instructs on related history, stories, and geography thereby enhancing the learning experience and offering more depth to each instruction. Classes are held at the PASACAT Center in National City while workshops of the same program are delivered to National City schools as in -school classes and after -school programs. The training they receive for performing will also give the students skills in team -building, the ability to share their historical knowledge by giving lecture presentations, and learning first hand the experience of taking part in live performances. activity listed above. Z. I fie iUiiuWIII,4 iii. 111G DlQll cum. ui.. ..... ,x,+%.€'-.� a{il ak;I i. x.2'S :.Ivf �l �. k� ' 418 Joji Ramirez Castro, Artistic Director & Choreographer Monica Carino, Dance Assistant 418 3. Billing Method: Monthly Quarterly X 4. List the type of supporting documentation to be provided: Exhibit B Intake forms 5. List the major/key activity milestones: Major Activity Milestones Month 1 2 3 4 5 6 7 8 9 10 11 12 Begin biweekly instruction at the National School District after school program & PASACAT Center X X X X X X X X X X X X Philippines Through Dance and Music workshops begin at the PASACAT Center X X X X X X X X X X X X Weekly dance and music classes for over 80 students takes place at the PASACAT Center X X X X X X X X X X X X Exhibit B 2009-2010 CDBG Budget PASACAT City of National City Community Development Block Grant 2009-2010 Budget Column A Budget Item Column B CDBG Request Column C Other Sources Column D List Name(s) of Other Sources Column E Total Budget Personnel (List Salaried Position Job Titles) Dance Instructor 3,000 8,550 County of SD, Schools 11,550 Assistant Dance Instructors 2,000 6,800 County of SD, Schools 8,800 Administrative 2,000 5,750 County of SD, Contract Performances 7,750 Dance Master 3,250 Ticket Sales, Individual Contributions 3,250 Artists Fees 6,000 Contract Performances 6,000 Fringe Benefits Operating Costs Supplies 2,000 Fundraising 3,000 Equipment 3,000 Contract Performances 3,000 Rent/Lease 9,500 Ticket Sales, Individual Contributions, Fundrn 9,500 Insurance 1,800 1,800 Printing 1,200 4,000 Ticket Sales, Individual Contributions, Membership Dues 4,200 Utilities 1,750 1,750 Other: Costumes 4,000 Ticket Sales 4,000 Production Costs 4,500 Ticket Sales, Contract Performances 4,500 Budget Total 10,000 59,100 6 69,100 EXHIBIT C BOARD OF DIRECTORS AND BYLAWS PASACAT BOARD OF DIRECTORS Name Occupation City of Residence Member Since PRESIDENT Ed Sinsay County of San Diego Rancho Penasquitos 2001 Project Manager, Public Works Registered Civil Engineer 1st VICE PRESIDENT Alex Simon Retired, U.S. Navy San Diego 2003 2nd VICE PRESIDENT Alfredo Padrigan U.S. Civil Service San Diego 2003 Electrician SECRETARY Purisima Labao Retired, Civil Service National City 1970 ASSISTANT SECRETARY Rose Domingo County of San Diego -Sheriff Spring Valley 2003 Medical Records Clerk TREASURER Tessie Cruz Lab Technician ASSISTANT TREASURER Tessie Abella Home Care Provider San Diego 1996 Chula Vista 1994 BOARD MEMBERS Annie Aban Insurance San Diego 2009 Myron Abutin Home Depot San Diego 2009 Sales Associate Luz Carino Sun Plus Home Pharmacy Chula Vista 2001 Alex Castro Evelyn Castro Janet Mallari Rhodora Ordinario Mike Wallace Supervisor Home Infusion Services Managed Care U.S. Civil Service Chula Vista Engineer -Manager Diocesan Commission for Filipino Catholics -Chair Pharmacist Qualcomm, Inc. Insurance Office Depot Store Manager Chula Vista San Diego San Diego Chula Vista 2001 1997 2009 2009 2009 BY LAWS OF PASACAT, INC. ARTICLE 1. OFFICES Section 1.01. The principal office of the corporation for the transaction of its business is located at 102 East 16th Street, City of National City, County of San Diego, State of California. CHANGE OF ADDRESS Section 1.02. The county of the corporation's principal office can be changed only by amendment of the Articles of Incorporation of this corporation and not otherwise. The Board of Directors may, however, change the principal office from one location to another within the named count. OTHER OFFICES Section 1.03. The corporation may also have offices at such other places, within or without the State of California where it is qualified to do business, as its business may require and as the Board of Directors may from time to time designate. ARTICLE 2. MEMBERS Classes of Membership and Rights Section 2.01. The corporation shall have only one class of membership. All members shall have the right to hold elective and appointed office, to chair and serve on committees. and to introduce, debate and vote upon motions. Admission Section 2.02. Any person who demonstrates an interest in Asian cultural heritage shall be eligible to become a member of the corporation. -1- Applicants shall be admitted to membership on making application therefore in writing and payment of the first annual dues as herein specified, and on approval of a majority of the Directors present at any duly held meeting of Directors at which a quorum, as defined in Section 4.08 ( I ) hereof, is present. DUES Section 2.03. The annual dues payable to the corporation by members shall be in such amounts and at such times as may be determined from time to time by resolution of the Board of Directors. Membership shall be nonassessable. CERTIFICATES OF MEMBERSHIP Section 2.04. The corporation shall not issue membership certificates. NUMBER OF MEMBERS Section 2.05. There is no limit on the number of members the corporation may admit. MEMBERSHIP BOOK Section 2.06. The corporation shall keep a membership book containing the name and address of each member. Termination of the membership of any member shall be recorded in the book, together with the date on which such membership ceased. Such book shall be kept at the corporation's principal office and shall be available for inspection by any Director or member of the corporation during regular business hours. NONLIABILITY OF MEMBERS Section 2.07. No member of this corporation shall be personally liable for the debts, liabilities, or obligations of the corporation. TERMINATION OF MEMBERSHIP Section 2.08. (a) By Resignation, Death, or Nonpayment of Dues. The membership of any member of the corporation shall automatically terminate (1) on his written request for such termination delivered to the President or Secretary of the corporation personally or by United States mail; (2) on his death; and (3) by nonpayment of dues for thirty (30) days after notice of such nonpayment was given to him. (b) All rights of a member in the corporation or in its property shall cease on termination of membership as herein provided. -2- ARTICLE 3. MEETINGS OF MEMBERS PLACE Section 3.01. Meetings of members shall be held at the principal office of the corporation or at such other place or places within or without the State of California as may be designated from time to time by resolution of the Board of Directors. REGULAR AND ANNUAL MEETINGS Section 3.02. Regular meetings shall be held o the first Saturday of each month beginning with the month of November, 1978, at 9:00 A.M. unless such day falls on a legal holiday, in which event the regular meeting for that month shall be held at the same hour and place on the next succeeding day or at the time and place designated by resolution of the Board of Directors. The first regular meeting of each 1 St quarter year shall be known as the annual meeting. At such annual meetings, Directors shall be elected and reports of the affairs of the corporation shall be considered . ( And any other business may be transacted which is within the powers of the members.) SPECIAL MEETINGS Section 3.03. Special meetings of members shall be called by the President, by the Secretary or by any two Directors of the corporation or by petition of ten (10%) percent of the voting members of the corporation and held at such times and places within or without the State of California as may be ordered by resolution of the Board of Directors or by members holding not less than ten (10%) percent or more of the voting power of the corporation. NOTICE OF MEETINGS Section 3.04. Written or printed notices of the time and place of every special meeting shall be delivered personally to each member entitled to vote or sent to him by United States mail, postage prepaid, or by telegram, at least seven (7) days prior to such meeting. If sent by mail or telegram, the notice shall be addressed to the member at his address as shown on the books of the corporation and shall be deemed given at the time it is deposited in the mail or delivered to the telegraph company. The notice shall be given by the Secretary or other person designated by the President or, on the neglect or refusal of the person charged with such duty to do so, by any Director or member of the corporation who, for the purpose of giving such notice, shall have made available to him at the principal office of the corporation during regular business hours to membership books. -3- Notice of all regular meetings, including annual meetings, is hereby dispensed with, except where such meeting falls on a legal holiday and is therefore held on a different day not herein designated, and except that no action shall be taken on any of the following proposals at any regular meeting unless written notice of the general nature of the business or proposal has been given as in the case of a special meeting: (a) a proposal to sell, lease, convey, exchange, transfer or otherwise dispose of all or substantially all of the property or assets of the corporation except under Section 3900 of the Corporations Code; (b) a proposal to merge or consolidate with another corporation, domestic or foreign: © a proposal to wind up and dissolve the corporation. CONTENTS OF NOTICE Section 3.05. Notice of meetings of members not hereby dispensed with shall specify the place, the day, and the hour of the meeting, and, in the case of special meetings, the general nature of the business to be transacted. CONSENT OF ABSENTEES Section 3.06. The transactions of any meeting of members, however called and notices, are as valid as though had at a meeting duly held after regular call and notice, if a quorum, as hereinafter defined, is present either in person or by proxy, and if, either before or after the meeting such of the persons entitled to vote but not present in person or by proxy signs a written waiver of notices, or a consent to the holding of the meeting, or an approval of the minutes thereof. All such waivers, consents, or approvals shall be filed with the corporate records or made a part of the minutes of the meeting. QUORUM Section 3.07. A quorum shall consist of twenty-five (25%) percent of the voting members. VOTING Section 3.08. (a) Each member is entitled to one vote on each matter submitted to a vote of the members. Voting at duly held meetings shall be by voice vote, except as otherwise expressly provided in these Bylaws. Election of Directors, however, shall be by ballot or by voice vote unless a member entitled to vote demands that election be by ballot, in which event the election shall be by ballot. (b) Cumulative voting for the election of Directors or otherwise shall not be authorized. The candidates receiving the highest number of votes up to the number of Directors to be elected are elected. -4- © Members shall have the right to vote either in person or by a written proxy executed by such person or his duly authorized agent and filed with the Secretary of the corporation, except as otherwise expressly provided in these Bylaws, provided, however, that no proxy shall be valid after eleven (11) months from the date of its execution unless otherwise provided in the proxy. CONDUCT OF MEETINGS Section 3.09. (a) Meetings of members shall be presided over by the President of the corporation, or in his absence, by the Vice President, or in the absence of both, by a chairman chosen by a majority of the voting members present in person or by proxy. The Secretary of the corporation shall act as Secretary of all meetings of members, provided that in his absence the presiding officer shall appoint another person to act as Secretary of the meeting. (b) Meetings shall be governed by Robert's Rules of Order as such rules may be revised from time to time, insofar as such rules are not inconsistent with or in conflict with these Bylaws, with the Articles of Incorporation of this corporation, or with law. ARTICLE 4. DIRECTORS NUMBER Section 4.01. The corporation shall have a minimum of five (5) Directors and a maximum of twenty (20) Directors and collectively they shall be known as the Board of Directors. The number may be changed by amendment of this Bylaw, or by the repeal of this Bylaw and adoption of a new Bylaw, as provided in Section 10.02 of these Bylaws. POWERS Section 4.02. The Directors shall exercise the powers of the corporation, control its property, and conduct its affairs, except as otherwise provided by law. DUTIES Section 4.03. It shall be the duty of the Directors to: (a) Duties Imposed by Law, Articles or Bylaws. Perform any and all duties imposed on them collectively or individually by law, by the Articles of Incorporation of this corporation, or by these Bylaws. -5- (b) Officers and Employees. Appoint and remove, employ and discharge, and, except as otherwise provided in these Bylaws, prescribe the duties and fix the compensation, if any, of agents and employees of the corporation. (c) Supervision. Supervise all officers, agents, and employees of the corporation to assure that their duties are properly performed. (d) Meetings. Meet at such times and places as required by these Bylaws. (e) Special Meeting of Members. Require that special meetings of members be called whenever and as often as they deem necessary and whenever demanded by the required number of members as in these Bylaws provided. (f) Addresses. Register their addresses with the Secretary of the corporation, and notices of meetings mailed or telegraphed to them at such addresses shall be valid notices thereof. QUALIFICATIONS Section 4.04. Any member of the corporation who has paid his current dues is qualified to be elected a Director as provided in these Bylaws. TERMS OF OFFICE Section 4.05. Each Director shall hold office for a period of two (2) years and until a successor is elected and qualifies ELECTION Section 4.06. (a) Nominating Committee. The Board of Directors shall appoint a Nominating Committee to select nominees for Director prior to the annual meeting of the members. The Nomination Committee shall present a slate of nominees at the annual meeting, and additional nominations may be made from the floor, provided the nominees are present and accept their nomination. (b) Annual Meeting. Directors shall be elected at the annual meeting as defined in Section 3.02 hereof and the candidates receiving the highest number of votes up to the number of Directors to he elected are, as provided in Section 3.09 of these Bylaws, elected. Directors shall be eligible for re-election without limitation on the number of teens they may serve, provided they continue to meet the qualifications required in Section 4.04. COMPENSATION Section 4.07. Directors shall serve without compensation. -6- MEETINGS Section 4.08 (a) Place. Meetings shall be held at the principal office of the corporation unless otherwise provided by the Board or at such place within or without the State of California which has been designated from time to time by resolution of the Board of Directors. In the absence of such designation, meetings shall be held at the principal office of the corporation, provided that any such meeting held elsewhere shall be valid if held on the written consent of all Directors given either before or after the meeting and filed with the Secretary of the corporation. (b) Regular Meetings. Regular meetings shall be held on the first Saturday of each month at 9:30 A.M. beginning with the month of November, 1978 unless such day falls on a legal holiday, in which event the regular meeting for that month shall be held at the same hour and place as may be designated by resolution of the Board of Directors. (c) Special Meetings. Special meetings of the Board of Directors may be called by the President, or, if absent, unable or refusing to act, by a Vice President or by any two Directors, and such meetings shall be held at the place, within or without the State of California, designated by the person or persons calling the meeting, and in the absence of such designation at the principal office of the corporation. (d) Notice. The Secretary of the corporation, or other person designated by the President, shall deliver written or printed notice of the time and place of meetings of the Board to each Director personally or by United States mail or telegram at least seven (7) days prior to the date of the meeting except that notice of all regular meetings of Directors is hereby dispensed with. If sent by mail or telegram, the notice shall be deemed to be delivered on its deposit in the United States mail or on its delivery to the telegraph company. Such notice shall be addressed to each Director at his address as shown on the books of the corporation. If the address of a Director is not so shown and is not readily ascertainable, the notice shall be addressed to him at he city or place in which the meetings of Directors are regularly held. Notice of the time and place of holding an adjourned meeting need not be given to absent Directors if the time and place are fixed at the meeting adjourned. (e) Validation of Meeting Defectively Called or Noticed. The transactions of any meeting of the Board, however called and noticed or wherever held are as valid as though the meeting had been duly held after proper call and notice, provided a quorum, as hereinafter defined, is present and provided that either before or after the meeting each of the Directors not present signs a waiver of notice, a consent to holding a meeting, -7- or an approval of the minutes thereof. All such waivers, consents or approvals shall be filed with the corporate records or made a part of the minutes of the meeting. (f) Conduct of Meetings. Except as otherwise expressly provided in these Bylaws, or by law, no business shall be considered by the Board at any meeting at which a quorum, as hereinafter defined, is not present, and the only motion which the Chair shall entertain at such meeting is a motion to adjourn. However, a majority of the Directors present at such meeting may adjourn from time to time until the time fixed for the next regular meeting of the Board. (g) Robert's Rules. All meetings of Directors shall be governed by Robert' s Rules of Order, as such rules may be revised from time to time, insofar as such rules arc not inconsistent or in conflict with these Bylaws, with the Articles of Incorporation of this corporation, or with law. (h) Presiding Officer. Meetings of Directors shall be presided over by the President of the corporation, or. if absent, by the First Vice President, or in the absence of both, by the Corporation Secretary. The Secretary of the corporation shall act as Secretary of the Board of Directors. In case the Secretary is absent from any meeting of Directors, the presiding officer may appoint any person to act as Secretary for the meeting. (i) Quorum. A quorum shall consist of a majority of the Board of Directors in office. MAJORITY AC "PION AS BOARD ACTION Section 4.09. Every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present is the act of the Board of Directors, unless the law, the Articles of Incorporation of this corporation, or these Bylaws require a greater number. ACTION BY UNANIMOUS WRITTEN CONSENT WITHOUT MEETING Section 4.10. Any action required or permitted to be taken by the Board of Directors under any provision of law may be taken without a meeting, if all members of the Board shall individually or collectively consent in writing to such action. Such written consent or consents shall be filed with the minutes of the proceedings of the Board. Such action by written consent shall have the same force and effect as the unanimous vote of such Directors. Any certificate or other document filed under any provision of law which relates to action so taken shall state that the action was taken by unanimous written consent of the Board of Directors without a meeting and that the Articles of Incorporation and Bylaws of this corporation authorize the Directors to so act, and such statement shall be prima facie evidence of such authority. -8- VACANCIES Section 4.11. (a) Vacancies in the Board of Directors shall exist (1) on the death, resignation, or removal of any Director; (2) whenever the number of Directors authorized is increased, and (3) on failure of the members in any election to elect the full number of Directors authorized. (b) Vacancies caused by death, resignation, or disability of a Director or Directors, or by his or their removal as provided in the Bylaws, or by an amendment of these Bylaws increasing the number of Directors authorized shall be filled by a majority of the remaining Directors, though less than a quorum or by a sole remaining Director. NONLIABILITY OF DIRECTORS Section 4.12. The Directors shall not be personally liable for the debts, liabilities, or other obligations of the corporation. INDEMNITY BY CORPORATION FOR LITIGATION EXPENSES OF OFFICER, DIRECTOR, OR EMPLOYEE Section 4.13. Should any person be sued, either alone, or with others, because he is or was a Director, officer, or employee of the corporation, in any proceeding arising out of his alleged misfeasance or nonfeasance in the performance of his duties or out of any alleged wrongful act against the corporation or by the corporation, indemnity for his reasonable expenses, including attorney's fees incurred in the defense of the proceeding, may be assessed against the corporation, its receiver, or its trustee, by the court in the same or a separate proceeding if (1) the person sued is successful in whole or in part. or the proceeding against him is settled with the approval of the court; and (2) the court finds that his conduct fairly and equitably merits such indemnity. The amount of such indemnity shall be so much of the expenses, including attorney's fees, incurred in the defense of the proceeding, as the court determines and finds to be reasonable. ARTICLE 5. OFFICERS NUMBER AND TITLES Section 5.01. The officers of the corporation shall be a President, a Vice President, a Secretary and a Treasurer. The corporation may also have, such other officers as the Board may deem desirable. One person may hold two or more offices, except those of President and Secretary. -9- QUALIFICATION, ELECTION AND TERM OF OFFICE Section 5.02. Any member of the corporation who holds the office of a Director is qualified to be an officer of the corporation. Officers other than those appointed by the Board, shall be elected (annually) by the Board of Directors (at the first regular meeting) of the Board following the annual election of Directors, and each officer shall hold office until he resigns or is removed or is otherwise disqualified to serve, or until his successor shall be elected and qualified, whichever occurs first. VACANCIES Section 5.03. Any vacancy caused by the death, resignation, removal, disqualification, or otherwise of any officer shall be filed by the Board of Directors for the unexpired portion of the term. In the event of a vacancy in any office other than the President, such vacancy may be filled temporarily by appointment by the President until such time as the Board shall fill the vacancy. Vacancies occurring in offices of officers appointed at the discretion of the Board may or may not be filled as the Board shall determine. DUTIES OF PRESIDENT Section 5.04. The President shall he the chief executive officer of the corporation and shall in general, subject to the control of the Board of Directors, supervise and control the affairs of the corporation. The President shall perform all duties incident to the office and such other duties as may be required by law, by the Articles of Incorporation of this corporation, or by these Bylaws, or which may be prescribed from time to time by the Board of Directors. The President shall preside at all meetings of the members and of the Board of Directors. Except as otherwise expressly provided by law, by the Articles of Incorporation, or by these Bylaws, the President shall, in the name of the corporation, execute such deeds, mortgages, bonds, contracts, checks, or other instruments which may from time to time be authorized by the Board of Directors. The President shall also, ex officio, be member of all standing committees of the corporation. DUTIES OF VICE PRESIDENT Section 5.05. In the absence of the President, or in the event of his inability or refusal to act, the Vice President shall perform all the duties of President, and when so acting shall have all the powers of, and be subject to all the restrictions on, the President. The Vice President shall have such other powers and perform such other duties as may be prescribed by law, by the Articles of Incorporation, or by these Bylaw, or as may be prescribed by the Board of Directors. Section 5.06. Section 5.07. -10- DUTIES OF SECRETARY The Secretary shall: (a) Certify and keep at he principal office of the corporation, the original, or a copy, of these Bylaws as amended or otherwise altered to date. (b) Keep at the principal office of the corporation or at such other place as the Board of Directors may order, a book of minutes of all meetings of the Directors and members, recording therein the time and place of holding, whether regular or special, and, if special, how authorized, notice thereof given, the names of those present at the meetings of Directors, the number of members present or represented at meetings of members, and the proceedings thereof. (c) See that all notices are duly given in accordance with the provisions of these Bylaws or as required by law. (d) Be custodian of the records and of the seal, if any, of the corporation. (e) Keep at the principal office of the corporation a membership hook containing the name and address of each member, and, in any case where membership has been terminated, record such fact in the book together with the date on which the membership ceased. (f) Exhibit at all reasonable times to any Director of the corporation, or to the agent or attorney of a Director, on request therefor, the Bylaws, the membership book, and the minutes of the proceedings of the Directors and of the members of the corporation. (g) Exhibit at all reasonable times to any member, or to agent or attorney of a member. on written demand therefor for a purpose reasonably related to the interests of such member, the Bylaws, and the minutes of meetings of the Directors or of the members, and shall exhibit said records at any time when required by the demand of ten (10%) per cent or more of the voting members of the corporation. (h) In general, perform all duties incident to the office of Secretary and such other duties as may be required by law, by the Articles of Incorporation of this corporation, or by these Bylaws, or which may be assigned from time to time by the Board of Directors. DUTIES OF TREASURER Subject to the provisions of ARTICLE 7 of these Bylaws, the Treasurer shall: (a) Have charge and custody of, and be responsible for, all funds and securities of the corporation, and deposit all such funds in the name of the corporation in such banks, trust companies, or other depositories -11- as shall be selected by the Board of Directors. (b) Receive, and give receipt for, moneys due and payable to the corporation from any source whatever. (c) Disburse or cause to be disbursed the funds of the corporation as may be directed by the Board of Directors, taking proper vouchers for such disbursements. (d) Keep and maintain adequate and correct accounts of the corporation's properties and business transactions, including accounts of its assets, liabilities. receipts, disbursements, gains, and losses. (e) Exhibit at all reasonable times the books of account and financial records to any Director of the corporation, or to the agent or attorney of a Director, on request therefor. (f) Exhibit at all reasonable times to any member, the agent or attorney of a member, on written demand therefor, for a purpose reasonably related to the interests of such member, the books of account and financial records of the corporation, and shall exhibit said records at any time when required by the demand of ten (10%) percent or more of the voting members of the corporation. (g) Render to the President and / or Directors, whenever requested, an account of any or all transactions of the Treasurer and the financial condition of the corporation. (h) Prepare, or cause to be prepared, and certify the financial statements to be included in the annual report to members. (i) If required by the Board of Directors, give a bond for the faithful discharge of these duties in such sum and with such surety or sureties as the Board of Directors shall determine. (j) In general, perform all duties incident to the office of Treasurer and such other duties as may be required by law, by the Articles of Incorporation of this corporation, or by these Bylaws, or which may be assigned from time to time by the Board of Directors. COMPENSATION Section 5.08. Officers of this corporation shall serve without compensation. ARTICLE 6. COMMITTEES Executive Committees Section 6.01. The Board of Directors, by a majority vote of its members, may designate the officers of the corporation as an Executive Committee and delegate to such Committee any of the powers and authority of the Board in the management of the -12- business and affairs of the corporation, except the power to adopt, amend, or repeal the Bylaws, and provided that the designation of such Committee and the delegation thereto of authority shall not operate to relieve the Board of Directors or any individual Director, of any responsibility imposed on it or him by law, by the Articles of Incorporation of this corporation, or by these Bylaws. By a majority vote of its members, the Board may at any time modify or revoke any or all of the authority so delegated. The Committee shall establish rules and regulations for its meetings and meet at such times as it deems necessary, provided that a reasonable notice of all meetings of the Committee shall he given to its members, and no act of the Committee shall be valid unless approved by the vote or written consent of a majority of its members. The Committee shall keep regular minutes of its proceedings and report the same to the Board from time to time as the Board may require. STANDING COMMITTEES Section 6.02. The corporation shall have the following Standing Committees, each of which shall be chaired by a member of the corporation: (a) Budget Committee: The Budget Committee shall prepare and submit a yearly budget report to the Board of Directors for approval, at such time as the Board directs. (b) Bylaw Committee: The Bylaw Committee shall review the Bylaws of the corporation on a periodic basis and make recommendations for amendments to the Board of Directors. (c) Fund Raising Committee: The Fund Raising Committee shall actively seek financial resources for underwriting the goals and objectives of the corporation. (d) Membership Committee: The Membership Committee shall promote the enrollment of members in the corporation. (e) Public Relations Committee: The Public Relations Committee shall keep the local community informed as to the purpose, programs and activities of the corporation, and shall be responsible for all releases to the news media. AD HOC COMMITTEES Section 6.03. Ad Hoc Committees for specific purposes or activities may be designed from time to time by resolution of the Board of Directors. Chairman of such Committees shall be appointed by the Board. Members of such Committees shall be appointed by their respective Chairmen in such number as the Chairmen deem advisable, unless otherwise provided by the Board in its resolution designating any such Committee. Except as otherwise provided in such resolution, Committee Chairmen and members shall be members of the corporation. -13- The Chairman or any member may be removed from the Committee by the person or persons authorized to appoint him whenever in his or their judgment the best interests of the corporation will be served by such removal. TERMS OF OFFICE Section 6.04. The Chairman and each member of the Executive Committee and each Chairman of a Standing Committee shall serve until the next annual election of Directors and until his successor is appointed, or until such Committee is sooner terminated, or until he is removed as a Director or officer of the corporation, or until his membership in the corporation terminates, or until he shall otherwise cease to qualify as a Chairman or member. as the case may be, of the Committee, whichever occurs first. Each member of a Standing Committee shall serve as such until a new Chairman is appointed or until he is removed from the Committee by its Chairman, resigns, ceases to be a member of the corporation, or otherwise ceases to qualify as a member of such Committee. Chairmen and members of the Ad Hoc Committees shall serve as such for the life of the Committee unless they are sooner removed. resign, or cease to qualify as the Chairman or member, as the case may be, of such Committee. The Chairman of each Standing Committee shall select the members of the Committee from the membership of the corporation. VACANCIES Section 6.05. Vacancies on any Committee may by filled for the unexpired portion of the term in the same manner as provided in the case of original appointments. QUORUM Section 6.06. A majority of the whole Executive Committee or of a whole Standing Committee shall constitute a quorum of such Committee and the act of a majority of the members present at a meeting at which a quorum is present shall be the act of the Committee. Unless otherwise provided in the resolution of the Board of Directors designating the Committee, Ad Hoc Committees shall act under the direction of their respective Chairmen without any requirement as to a quorum. RULES Section 6.07. Each Committee may adopt rules for its own government and procedure not inconsistent with law, with these Bylaws, or with the rules and regulations adopted by the Board of Directors. -14- ARTICLE 7. EXECUTION OF INSTRUMENTS, DEPOSITS AND FUNDS EXECUTION OF INSTRUMENTS Section 7.01. The Board of Directors, except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the corporation to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances. Unless so authorized, no officer, agent, or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit or to render it liable pecuniarily for any purpose or in any amount. CHECKS AND NOTES Section 7.02. Except as otherwise specifically determined by resolution of the Board of Directors, as provided in Section 7.01, or as otherwise required by law, checks, drafts, promissory notes, orders for the payment of money, and other evidences of indebtedness of the corporation shall be signed by the Treasurer and countersigned by the President or Vice -President of the corporation. DEPOSITS Section 7.03. 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 depositories as the Board of Directors may select. GIFTS Section 7.04. The Board of Directors 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. ARTICLE 8. CORPORATE RECORDS, REPORTS AND SEAL MINUTES OF MEETING Section 8.01. The corporation shall keep at its principal office, or at such other place as the Board of Directors may order, a book of minutes of all meetings of Directors and of all meetings of members, with the time and place of holding, whether regular or special, and, if special, how authorized, the notice given, the names of those present at Directors' meetings, the number of members present or represented at members' meetings, and the proceedings thereof. -15- BOOK OF ACCOUNT Section 8.02. The corporation shall keep and maintain adequate and correct accounts of its properties and business transactions, including accounts of its assests, liabilities, receipts, disbursements, gains and losses. INSPECTION OF RECORDS BY DIRECTORS Section 8.03. The hooks of account shall at all reasonable times be open to the inspection by any Director. Every Director shall have the absolute right at any reasonable time to inspect all books, records, documents of every kind, and the physical properties of the corporation. Such inspection may he made in person or by agent or attorney, and the right of inspection includes the right to make extracts. INSPECTION OF RECORDS BY MEMBERS Section 8.04. The books of account, and the minutes of meetings of the Directors, members, and Executive and Standing Committees shall be open to inspection on the written demand of any member at any reasonable time, for a purpose reasonably related to the interests of the member, and shall be exhibited at any time when required by demand, in writing or made orally at a meeting of ten (10) percent or more of the members of the corporation. Such inspection may be made in person or by agent or attorney, and the right of inspection includes the right to make extracts. Demand of inspection other than at a members' meeting shall be made in writing on the President, or Secretary of the corporation. ANNUAL REPORT AND FINANCIAL STATEMENT Section 8.05. The Board of Directors may provide for the preparation and submission to the members of a written annual report including a financial statement. Such report, if required by the Board, shall summarize the corporation's activities for the preceding year and activities projected for the forthcoming year; the financial statement shall consist of a balance sheet as of the close of business of the corporation's fiscal year, contain a summary of receipts and disbursements, be prepared in such manner and form as is sanctioned by sound accounting practices, and be certified by the President, Secretary, Treasurer, or a public accountant. CORPORATE SEAL Section 8.06. The Board of Directors may adopt, use and at will alter, a corporate seal. Such scat, if adopted, shall be affixed to all corporate instruments, but failure to affix it shall not affect the validity of any such instrument. -16- ARTICLE 9. FISCAL YEAR Section 9.01. The fiscal year of the corporation shall begin on the first day of January and end on the last day of December in each year. ARTICLE 10. BYLAWS EFFECTIVE DATE OF BYLAWS Section 10.01. These Bylaws shall become effective immediately on their adoption. Amendments to these Bylaws shall become effective immediately on their adoption unless the Board of Directors or members, in adopting them as hereinafter provided, provide that they are to become effective at a later date. AMENDMENT Section 10.02. Subject to any provisions of law applicable to the amendment of Bylaws of nonprofit corporations, these Bylaws, or any of them, may be altered, amended, or repealed and new Bylaws adopted as follows: BY DIRECTORS (a) Subject to the power of the members to change or repeal them, by the vote of a majority of Directors at which a quorum is present, provided that written notice of such meeting and of the intention to change the Bylaws thereat is delivered to each Director at least seven (7) day prior to the date of such meeting, as provided in Section 4.08 (d) of these Bylaws, or by the written consent of all directors without a meeting as provided in Section 4.10 hereof, provided that a Bylaw fixing or changing the number of Directors may not be adopted, amended or repealed. CERTIFICATION AND INSPECTION Section 10.03. The original, or a copy, of the Bylaws as amended or otherwise altered to date, certified by the Secretary of the corporation, shall be recorded and kept in a book which shall be kept in the principal office of the corporation, and such book shall be open to inspection by the members at all reasonable times during office hours. ARTICLE II. PROHIBITION AGAINST SHARING CORPORATE PROFITS AND ASSESTS Section 11.01. No member, Director, officer, employee, or other person connected with this corporation, or any other private individual, shall receive at any time any of the net earnings or pecuniary profit from the operations of the corporation; provided, that this provision shall not prevent payment to any such person of reasonable compensation for -17- services rendered to or for the corporation in effecting any of its purposes as shall be fixed by resolutions of the Board of Directors; and no such person or persons shall be entitled to share in the distribution of, and shall not receive, any of the corporate assets on dissolution of the corporation. All members of the corporation shall be deemed to have expressly consented and agreed that on such dissolution or winding up of the affairs of the corporation, whether voluntary or involuntary, the assets of the corporation. after all debts have been satisfied then remaining in the hands of the Board of Directors shall be distributed as required by the Articles of Incorporation of this corporation and not otherwise. ARTICLE 12. DISTRIBUTION OF INCOME AND PROHIBITED TRANSACTIONS Section 12.01. Notwithstanding any other provision in these Bylaws, the corporation shall he subject to the following limitations and restrictions: (a) The corporation shall distribute its income for each taxable year at such time and in such manner as not to become subject to the tax on undistributed income imposed by Section 4942 of the Internal Revenue Code of 1954. (b) The corporation shall not engage in any act of self -dealing as defined in Section 494I (d) of the Internal Revenue Code of 1954. (c) The corporation shall not retain any excess business holdings as defined in Section 4943 © of the Internal Revenue Code of 1954. (d) The corporation shall not make any investments in such manner as to subject it to tax under Section 4944 of the Internal Revenue Code of 1954. (e) The corporation shall not make any taxable expenditures as defined in Section 4945 (d) of the Internal Revenue Code of 1954. ARTICLE 13. CONSTRUCTION Section 13.01. As used in these Bylaws: (a) The present tense includes the past and future tenses, and the future includes the present. (b) The masculine gender includes the feminine and neuter. (c) The singular number includes the plural, and the plural number includes the singular. (d) The word "shall" is mandatory and the word "may" is permissive. -18- WRITTEN CONSENT OF DIRECTORS ADOPTING; BYLAWS We, the undersigned, are all of the persons named as first Directors in the Articles of Incorporation of PASACAT, INC., a California corporation, and, pursuant to the authority granted to the Directors in Article 4.10 of these Bylaws, to take action by unanimous written consent without a meeting, we consent to, and hereby do, adopt the foregoing Bylaws, consisting of 29 pages, as the Bylaws of said corporation. Dated: EXHIBIT E AFFIRMATIVE ACTION POLICY 1. Provision of Program Services a. SUB -RECIPIENT shall not, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG funds. b. SUB -RECIPIENT shall not under any program or activity funded in whole or in part with CDBG funds, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap: 1) Deny any facilities, services, financial aid or other benefits provided under the program or activity; or 2) Provide any facilities, services, financial aid, or other benefits which are different or are provided in a different form from that provided to others under the program or activity; or 3) Subject to segregated or separate treatment in any facility in, or in any matter of process related to receipt of any service or benefit under the program or activity; or 4) Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity; or 5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services, or other benefits provided under the program or activity; or 6) Deny any opportunity to participate in a program or activity as an employee. c. SUB -RECIPIENT may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race, religion, color, national origin, sex, sexual preference, or handicap, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular race, religion, color, national origin, sex, sexual preference or handicap. d. SUB -RECIPIENT, in determining the site or location of housing or facilities provided in whole or in part with CDBG funds, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination on the grounds of race, color, national origin, or sex, or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto: g• 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. 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 sea.). 3. Remedies: In the event of SUB -RECIPIENT'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and SUB - RECIPIENT may be declared ineligible for further government contracts and any such other sanctions as may be imposed and remedies invoked as provided by law. EXHIBIT D TECHNICAL ASSISTANCE MATERIALS The Subrecipient attended the Community Development Block Grant (CDBG) Technical Assistance Non -Profit 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 Subrecipient 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 Program webpage from the HUD website: http://www. hud.gov/offices/cpd/communitydevelopment/programs/entitlement EXHIBIT F INSURANCE AeoRty CERTIFICATE OF LIABILITY INSURANCE WOOF/ 02122//2010T'I PRODUCER BURNS & WILCOX INSURANCE SERVICES, INC. 9370CHESAPEAKE DRIVE, SUITE 200 SAN DIEGO, CA 92123 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED PASACAT INC 102 EAST 16TH STREET NATIONAL CITY, CA 91950 INSURER A: SCOTTSDALE INSURANCE COMPANY P4SURERB INSURER C. INSURER D: INSURER E: VV YL,\/1VVV 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 IS -SUED 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. msR LTA rwuc (NSno TYPE OF POLICY NUMBER POLICY EFFEC TIME -POLICY DATE (MMIDDIYV) EXPIRATION DATE (MM1D0WY) LIMITS q ❑GENERAL LIABILITY CPS1020000 06/09/2009 06/09/2010 EACH OCCURENCE $ 2,000,000 © COMMERICAL GENERAL LIABILITY ❑ CLAIMS MADE U OCCUR ill 111 DAMAGE TO RENTED PREMISES (Ea o¢unence) $ 100,000 MEDEJ(P(Arty one person) $ 5000 PERSONAL &ADVNJURY $ N/A GENERAL AGGREGATE $ 2,000,000 GENT. AGGREGATE LIMIT APPLES PER ® POLICY ❑ PROJECT ❑ LOC PRODUCTS - COMP1OP AGO $ 2,000,000 S AUTOMOBILE LIABILITY ❑ ANY AUTO CPS1020000 06/09/2009 06/09/2010 COMBINED SINGLE LMIT Each Oca rronca) S ■ BODLY INJURY (Po/person/ $ . ALL OWNED AUTOS 111 SCHEDULED AUTOS BODILY INJURY (Per at-Cif/MO Q HIRED AUTOS © NOti.OWNED AUTOS PROPERTY DAMAGE (Per acddenq $ . ❑ • GARAGE LIABILITY ❑ANY AUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ . AUTO ONLY. AGG $ ❑EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ III OCCUR MI CLAIMS MADE ❑ DEDUCTIBLE II RETENTION $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIAGILRY ANY PROPRIET'OR/PARTNERIEXECO THE OMCERRlEMBER EXCLUDED? I ye6. 09$Cnbe under SPECIAL PROVISIONS below Y LIMITS ER II E1- EACH ACCIDENT $ E.L. DISEASE -EAEMPLOYEE S E.L, DISEASE- POLICY LIMIT $ OTHER ERRORS OR OMISSIONS CPS1020000 06/09/2009 06/09/2010 EACH CLAIM AGGREGATE $1,000,000 Si.000,000 DESCRIPTION THE INSURED OF OPERATIONS 'LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT) SPECIAL PROVISIONS CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES ARE NAMED AS ADDITIONAL PER FORM CG2010 ATTACHED. r T. 1U DAYS FOR NON-PAYMENT ,...11..11.1111 I VPM1 r � , av,..r.rrr. CITY ATTORNEYS OFFICE 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL * 3D GAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT F TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPONTH SU Ft, ITS AGENTS OR REPRES ES. A DRF 0 REP S NTATIVE n A rf1�0ATTCtIJ 10RR ACORD 25 (2001(08) CA 1-1 08954-MILT02-943100-CLW IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contact between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AtORD 25 (2001108) POLICY NUMBER: CPS1020o0o COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED 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): Location(s) Of Covered Operations The City of National City, its elected officials, officers, agents and employees PASACATINC 102EAST 16TH STREET NATIONAL CITY, CA 91950 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — 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: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 o CALIFORNIA. ^^ NATIONAL CITY U ZI 'NCogrouATF:o City of National City (To be submitted only when there are no employees subject to Workers' Compensation) DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO: ?ASAc -r, i,Ve. (Company Name) For the purpose of inducing the City of National City to go forward with any contracts awarded to PA4 CAT. =NC_ (company name), I declare as follow s: //t��� I, ANAMt, a4k LM)A6 CA6ATO (name) , EXECr,LTtVE r51 QOCT6t2 (title), am an independent contractor for the purposes of the California Workers' Compensation and Labor laws. I will hire no employees other than my parents, spouse, or children for work required for any bid or contract awarded to my company. All work required will be performed personally and solely by me, my parents, spouse, or children. If, however, I shall ever be required to hire employees or Subcontractors to perform this contract, I shall obtain Workers' Compensation Insurance and/or provide proof of Workers' Compensation Insurance coverage to the City of National City. This document constitutes a declaration by me against my financial interest, relative to any claims I should assert under the California Workers' Compensation and/or Labor laws against the City of National City relating to any bid or contract awarded PAST, 1rvc (company name). I will defend, indemnify, and hold harmless the City of National City, its officers and employees, from any and all claims and liability, including Workers' Compensation claims and liability that may be asserted or established by any party in the event I hire an employee in violation of this addendum, and I will further indemnify the City of National City, its officers and employees, for all damages the City thereby suffers. I agree that these declarations shall constitute an addendum to any bid awarded to: (company name). Dated: Ivv4 $- 25 20 0q. 1 t t ACAr 1.wG (Company) /� By: att4404 a! da..6xID (Signature of ldhorized Representative) ANAMA + 'A L ko d,4 9ATo (Name and Title) mrQQ p(2�GTo�- 24 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°/o the allocation will be brought forth to the City Council for review. PASSED and ADOPTED this 21st day of April, 2009. on Morrison, Mayor ATTEST: /2 .... Mi ael R. Della / ity Clerk APPROVED AS TO FORM: fTh� George H. E ser, 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 $41,537 4 City of National City - Police Department Homeless Outreach Program and Enforcement 250 Individuals 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 $8,000 7 Trauma Intervention Programs of San Diego County, Inc. Crisis Intervention Team 799 Households 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 $84,906 TOTAL PRIOR YEAR COMMITMENTS PHYSICAL IMPROVEMENT ACTIVITIES Rehabilitation and Repair Activities 9 10 Christmas in July * National City City of National City- Community Development Department Home Repair Program Granger Hall Preservation and Heritage Tourism Planning 10 Households $110,000 $25,000 1 Historic Restoration (14,474 Households) 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 Building Renovation Project 1 Public Facility Improvement $15,000 13 City of National City - Engineering Department Soccer Field Public Infrastructure Improvements $79,466 Resolution No. 2009-87 Page Iof3 EXHIBIT "A" FISCAL YEAR 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM (Page 2 of 2) TAB AGENCY NAME ACTIVITY NAME Public Infrastructure Improvement Activities 14 15 16 City of National City - Engineering Dpartment City of National City - Engineering Department City of National City - Engineering Department Miscellaneous Concrete Improvements Miscellaneous Storm Drain Improvements ADA Master Plan TOTAL NEW PHYSICAL IMPROVEMENT ACTIVITIES NUMBER TO CDBG BENEFIT FROM FUNDING THE ACTIVITY REQUEST Public Infrastructure Improvements Public Infrastructure Improvements Public Infrastructure Improvements $100, 000 $125, 500 $140,000 $634,966 CDBG PROGRAM ADMINISTRATION City of National City - Community Services Department The Fair Housing Council of San Diego 17 18 19 City of National City - Community Development Department Neighborhood Council Program Fair Housing and Tenant -Landlord Education Services CDBG Program Administration TOTAL FOR PROGRAM ADMINISTRATION n/a n/a n/a $105,000 $38000 $78,499 $221,499 Resolution No. 2009-87 Page 2 of 3 EXHIBIT "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 2 City of National City - Community Development Department Rehabilitation Program 8 Households $124,387 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 EXHII3I'I' "A" 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 /Y Z City lerk of the City of ational City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT 'MEETING 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 (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 (MP) 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 ' NIA Financial Statement Approved By - Finance Direct.r The estimated amount of funding available for FY 2009-2010 for each program is as follows: Community Development Block Grant - $1,107,495 Account No. 301-0000.3 (4$ Home Investment Partnership Program - $645,850 rOs- ee e• - 7`418 STAFF RECOMMENDATION Adopt attached resolution. BOARD / COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Summary of FY 2009-2010 CDBG and HOME Program Funding Recommendations A-200 (9199) OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Della, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax April 21, 2009 Ms. Anamaria Labao Cabato PASACAT, Inc. 102 East 16th Street National City, CA 91950 Dear Ms. Labao Cabato, On April 20th, 2010, a Subrecipient Agreement was entered between the City of National City and PASACAT, Inc. We are enclosing for your records a fully executed original agreement. Sincerely, Esther Clemente Deputy City Clerk Enclosure cc: Housing & Grants Department