HomeMy WebLinkAbout2010 CON Christmas In July - CDBG 09-10 Sub-RecipientSUBRECIPIENT AGREEMENT
By and Between the
City of National City and Christmas in July National City
for the
Minor Rehabilitation Program
THIS AGREEMENT, entered this ‘Sjw day of q4A\�. , 2010 by and between the
Citv of National City (herein called the "Grantee") and Christmas in July National City (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
Minor Rehabilitation Program in a manner satisfactory to the Grantee and consistent
with any standards required as a condition of providing these funds. Such program will
include activities eligible under the Community Development Block Grant (CDBG)
program, as specified in Exhibit A, attached and incorporated herein.
B. National Obiectives: All activities funded with CDGB funds must meet one of the CDBG
program's National Objectives: benefit low- and moderate -income persons; aid in the
prevention or elimination of slums or blight; or meet community development needs
having a particular urgency, as defined in 24 CFR 570.208
The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet
the National Objective of 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 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.
IV. PAYMENT
Subrecipient Agreement
Page of 14
It is expressly agreed and understood that the total amount to be paid by the Grantee under
this Agreement shall not exceed One -hundred nine thousand one hundred eighteen
dollars and zero cents ($109,118.00). Drawdowns for the payment of eligible expenses
shall be made against the line item budgets specified in Paragraph III herein and in
accordance with performance. Expenses for general administration shall also be paid against
the line item budgets specified in Paragraph III and in accordance with performance.
Payments may be contingent upon certification of the Subrecipient's financial management
system in accordance with the standards specified in 24 CFR 84.21.
V. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic
means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or
sending. All notices and other written communications under this Agreement shall be
addressed to the individuals in the capacities indicated below, unless otherwise modified by
subsequent written notice.
Communication and details concerning this contract shall be directed to the following contract
representatives:
Grantee - '#`
Ss�brec%pient k: rll;,
Contact Person:
Carlos Aguirre
Contact Person:
Cecilia Kirk
Organization:
City of National City
Organization:
Christmas in July National City
Address: 1243 National City Boulevard
National City, CA 91950-4301
Address: 2101 Hoover Ave
National City, CA 91950
Telephone:
(619) 336-4391
Telephone:
(6191_477-5532
Email:
caguirre@nationalcityca.gov
Email:
Christmasinjulync@yahoo.com
VI. GENERAL CONDITIONS
A. General Compliance: The Subrecipient agrees to comply with the requirements of
Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban
Development regulations concerning Community Development Block Grants (CDBG))
including subpart K of these regulations, except that (1) the Subrecipient does not
assume the recipient's environmental responsibilities described in 24 CFR 570.604 and
(2) the Subrecipient does not assume the recipient's responsibility for initiating the
review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to
comply with all other applicable Federal, state and local laws, regulations, and policies
governing the funds provided under this contract. The Subrecipient further agrees to
utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available.
B. "Independent Contractor": Nothing contained in this Agreement is intended to, or
shall be construed in any manner, as creating or establishing the relationship of
employer/employee between the parties. The Subrecipient shall at all times remain an
"independent contractor" with respect to the services to be performed under this
Agreement. The Grantee shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Workers'
Compensation Insurance, as the Subrecipient is an independent contractor.
C. Hold Harmless: The Subrecipient shall hold harmless, defend and indemnify the
Grantee from any and all claims, actions, suits, charges and judgments whatsoever that
arise out of the Subrecipient's performance or nonperformance of the services or subject
matter called for in this Agreement.
D. Workers' Compensation: The Subrecipient shall comply with all of the provisions of
the Workers' Compensation Insurance and Safety Acts of the State of California, the
Subrecipient Agreement
Page 2 of 1+
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.
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.
E. 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. 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.
5. 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.
6. 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.
7. Any aggregate insurance limits must apply solely to this Agreement.
8. 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.
9. 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.
10. 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
purchase a blanket fidelity bond covering all employees in an amount equal to cash
Subrecipient Agreement
Page 3 of 14
advances from the Grantee. The Subrecipient shall comply with the bonding and
insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance.
F. Grantee Recognition: The Subrecipient shall insure recognition of the role of the
Grantee in providing services through this Agreement. All activities, facilities and items
utilized pursuant to this Agreement shall be prominently labeled as to funding source. In
addition, the Subrecipient will include a reference to the support provided herein in all
publications made possible with funds made available under this Agreement.
G. Amendments: The Grantee or Subrecipient may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement, and are
executed in writing, signed by a duly authorized representative of each organization, and
approved by the Grantee's governing body. Such amendments shall not invalidate this
Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under
this Agreement.
The Grantee may, in its discretion, amend this Agreement to conform with Federal, state
or local governmental guidelines, policies and available funding amounts, or for other
reasons. If such amendments result in a change in the funding, the scope of services, or
schedule of the activities to be undertaken as part of this Agreement, such modifications
will be incorporated only by written amendment signed by both Grantee and
Subrecipient.
H. Suspension or Termination: In accordance with 24 CFR 85.43, the Grantee may
suspend or terminate this Agreement if the Subrecipient materially fails to comply with
any terms of this Agreement, which include (but are not limited to) the following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein,
or such statutes, regulations, executive orders, and HUD guidelines, policies or
directives as may become applicable at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner
its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the Grantee reports that are incorrect or
incomplete in any material respect.
The Grantee shall have the right, in accordance with 24 C.F.R. 85.43, to terminate this
Agreement immediately or withhold payment of invoice for failure of the SUB -RECIPIENT
to comply with the terms and conditions of this Agreement. Should the Grantee decide
to terminate this Agreement, after a full evaluation of all circumstances has been
completed, the SUB -RECIPIENT shall, upon written request, have the right to an appeal
process. A copy of the appeal process will be attached to any termination notice.
If the Grantee finds that the SUB -RECIPIENT has violated the terms and conditions of
this Agreement, the SUB -RECIPIENT may be required to:
1. Repay all monies received from the Grantee under this Agreement; and/or
2. Transfer possession of all materials and equipment purchased with grant money to
the Grantee.
In the case of early termination, a final payment may be made to the SUB -RECIPIENT
upon receipt of a Final Report and invoices covering eligible costs incurred prior to
termination. The total of all payments, including the final payment, shall not exceed the
amount specified in this Agreement.
I. Termination for Convenience: In accordance with 24 CFR 85.44, this Agreement
may also be terminated for convenience by either the Grantee or the Sub -recipient, in
whole or in part, by setting forth the reasons for such termination, the effective date,
and, in the case of partial termination, the portion to be terminated. However, if in the
case of a partial termination, the Grantee determines that the remaining portion of the
award will not accomplish the purpose for which the award was made, the Grantee may
terminate the award in its entirety. Grantee and sub -recipient agree to provide written
Subrecipient Agreement
Page 4 of 14
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,
program income balances, and accounts receivable to the Grantee), and determining
Subrecipient Agreement
Page 5 of 14
the custodianship of records. Not withstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the Subrecipient has control
over CDBG funds, including program income.
6. Audits & Inspections: All Subrecipient records with respect to any matters
covered by this Agreement shall be made available to the Grantee, grantor agency,
and the Comptroller General of the United States or any of their authorized
representatives, at any time during normal business hours, as often as deemed
necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
Any deficiencies noted in audit reports must be fully cleared by the Subrecipient
within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to
comply with the above audit requirements will constitute a violation of this contract
and may result in the withholding of future payments. The Subrecipient hereby
agrees to have an annual agency audit conducted in accordance with current
Grantee policy concerning subrecipient audits and OMB Circular A-133.
7. Additional Documentation: Subrecipient agrees to provide a list of its Board of
Directors, By -Laws, Exhibit C, and any additional documents, as required in Exhibit
"D" and "E," attached and incorporated herein.
C. Reporting and Payment Procedures
1. Program Income: The Subrecipient shall report quarterly all program income (as
defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds
made available under this contract. The use of program income by the Subrecipient
shall comply with the requirements set forth at 24 CFR 570.504. By way of further
limitations, the Subrecipient may use such income during the contract period for
activities permitted under this contract and shall reduce requests for additional
funds by the amount of any such program income balances on hand. All unexpended
program income shall be returned to the Grantee at the end of the contract period.
Any interest earned on cash advances from the U.S. Treasury and from funds held in
a revolving fund account is not program income and shall be remitted promptly to
the Grantee.
2. Indirect Costs: If indirect costs are charged, the Subrecipient will develop an
indirect cost allocation plan for determining the appropriate Subrecipient's share of
administrative costs and shall submit such plan to the Grantee for approval, in a
form specified by the Grantee.
3. Payment Procedures: The Grantee will pay to the Subrecipient funds available
under this Agreement based upon information submitted by the Subrecipient and
consistent with any approved budget and Grantee policy concerning payments. With
the exception of certain advances, payments will be made for eligible expenses
actually incurred by the Subrecipient, and not to exceed actual cash requirements.
Payments will be adjusted by the Grantee in accordance with advance fund and
program income balances available in Subrecipient accounts. In addition, the
Grantee reserves the right to liquidate funds available under this contract for costs
incurred by the Grantee on behalf of the Subrecipient.
4. Progress Reports: The Subrecipient shall submit regular Progress Reports to the
Grantee in the form, content, and frequency as required by the Grantee.
D. Procurement:
1. Compliance: The Subrecipient shall comply with current Grantee policy concerning
the purchase of equipment and shall maintain inventory records of all non -
expendable personal property as defined by such policy as may be procured with
funds provided herein. All program assets (unexpended program income, property,
equipment, etc.) shall revert to the Grantee upon termination of this Agreement.
2. OMB Standards: Unless specified otherwise within this agreement, the
Subrecipient shall procure all materials, property, or services in accordance with the
requirements of 24 CFR 84.40-48.
Subrecipient Agreement
Page 6 of 14
3. Travel: The Subrecipient shall obtain written approval from the Grantee for any
travel outside the metropolitan area with funds provided under this Agreement.
E. Use and Reversion of Assets:
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and
570.504, as applicable, which include but are not limited to the following:
1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any
accounts receivable attributable to the use of funds under this Agreement at the
time of expiration, cancellation, or termination.
2. Real property under the Subrecipient's control that was acquired or improved, in
whole or in part, with funds under this Agreement in excess of $25,000 shall be used
to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five
(5) years after expiration of this Agreement [or such longer period of time as the
Grantee deems appropriate]. If the Subrecipient fails to use CDBG-assisted real
property in a manner that meets a CDBG National Objective for the prescribed
period of time, the Subrecipient shall pay the Grantee an amount equal to the
current fair market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Such payment shall constitute program income to the Grantee. The Subrecipient
may retain real property acquired or improved under this Agreement after the
expiration of the five-year period [or such longer period of time as the Grantee
deems appropriate].
3. In all cases in which equipment acquired, in whole or in part, with funds under this
Agreement is sold, the proceeds shall be program income (prorated to reflect the
extent to that funds received under this Agreement were used to acquire the
equipment). Equipment not needed by the Subrecipient for activities under this
Agreement shall be (a) transferred to the Grantee for the CDBG program or (b)
retained after compensating the Grantee [an amount equal to the current fair
market value of the equipment less the percentage of non-CDBG funds used to
acquire the equipment].
VIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING
REPLACEMENT
The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at
49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing
the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the
HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation
policies. [The Grantee may preempt the optional policies.] The Subrecipient shall provide
relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are
displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-
assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances,
resolutions and policies concerning the displacement of persons from their residences.
IX. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance: The Subrecipient agrees to comply with local and state civil rights
ordinances here and with Title VI of the Civil Rights Act of 1964 as amended, Title
VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of
Title I of the Housing and Community Development Act of 1974 as amended, Section
504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order
11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.
2. Nondiscrimination: The Subrecipient agrees to comply with the non-
discrimination in employment and contracting opportunities laws, regulations, and
Subrecipient Agreement
Page 7 of 14
executive orders referenced in 24 CFR 570.607, as revised by Executive Order
13279. The applicable non-discrimination provisions in Section 109 of the HCDA are
still applicable.
4. Land Covenants: This contract is subject to the requirements of Title VI of the
Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard
to the sale, lease, or other transfer of land acquired, cleared or improved with
assistance provided under this contract, the Subrecipient shall cause or require a
covenant running with the land to be inserted in the deed or lease for such transfer,
prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use
or occupancy of such land, or in any improvements erected or to be erected thereon,
providing that the Grantee and the United States are beneficiaries of and entitled to
enforce such covenants. The Subrecipient, in undertaking its obligation to carry out
the program assisted hereunder, agrees to take such measures as are necessary to
enforce such covenant, and will not itself so discriminate.
4. Section 504: The Subrecipient agrees to comply with all Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794), which prohibits discrimination against the individuals with disabilities or
handicaps in any Federally assisted program. The Grantee shall provide the
Subrecipient with any guidelines necessary for compliance with that portion of the
regulations in force during the term of this Agreement.
B. Affirmative Action
1. Approved Plan: The Subrecipient agrees that it shall be committed to carry out
pursuant to the Grantee's specifications an Affirmative Action Program in keeping
with the principles as provided in President's Executive Order 11246 of September
24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient
to assist in the formulation of such program. The Subrecipient shall submit a plan for
an Affirmative Action Program for approval prior to the award of funds, consistent
with the policy in Exhibit "F", attached hereto and incorporated herein.
2. Women- and Minority -Owned Businesses (W/MBE): The Subrecipient will use
its best efforts to afford small businesses, minority business enterprises, and
women's business enterprises the maximum practicable opportunity to participate in
the performance of this contract. As used in this contract, the terms "small business"
means a business that meets the criteria set forth in section 3(a) of the Small
Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one (51) percent owned and controlled by
minority group members or women. For the purpose of this definition, "minority
group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or
Spanish -heritage Americans, Asian -Americans, and American Indians. The
Subrecipient may rely on written representations by businesses regarding their
status as minority and female business enterprises in lieu of an independent
investigation.
3. Access to Records: The Subrecipient shall furnish and cause each of its own
subrecipients or subcontractors to furnish all information and reports required
hereunder and will permit access to its books, records and accounts by the Grantee,
HUD or its agent, or other authorized Federal officials for purposes of investigation
to ascertain compliance with the rules, regulations and provisions stated herein.
4. Notifications: The Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the agency contracting officer, advising
the labor union or worker's representative of the Subrecipient's commitments
hereunder, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5. Equal Employment Opportunity and Affirmative Action (EEO/AA)
Statement: The Subrecipient will, in all solicitations or advertisements for
Subrecipient Agreement
Page 8 of 14
employees placed by or on behalf of the Subrecipient, state that
Opportunity or Affirmative Action employer.
6. Subcontract Provisions: The Subrecipient will include the
Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every
purchase order, specifically or by reference, so that such provisions
upon each of its own subrecipients or subcontractors.
it is an Equal
provisions of
subcontract or
will be binding
C. Employment Restrictions
1. Prohibited Activity: The Subrecipient is prohibited from using funds provided
herein or personnel employed in the administration of the program for: political
activities; inherently religious activities; lobbying; political patronage; and nepotism
activities.
2. Labor Standards: The Subrecipient agrees to comply with the requirements of the
Secretary of Labor in accordance with the Davis -Bacon Act as amended, the
provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.)
and all other applicable Federal, state and local laws and regulations pertaining to
labor standards insofar as those acts apply to the performance of this Agreement.
The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C.
874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29
CFR Part 5. The Subrecipient shall maintain documentation that demonstrates
compliance with hour and wage requirements of this part. Such documentation shall
be made available to the Grantee for review upon request.
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property containing less than eight (8) units, all
contractors engaged under contracts in excess of $2,000.00 for construction,
renovation or repair work financed in whole or in part with assistance provided under
this contract, shall comply with Federal requirements adopted by the Grantee
pertaining to such contracts and with the applicable requirements of the regulations
of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the
payment of wages and ratio of apprentices and trainees to journey workers;
provided that, if wage rates higher than those required under the regulations are
imposed by state or local law, nothing hereunder is intended to relieve the
Subrecipient of its obligation, if any, to require payment of the higher wage. The
Subrecipient shall cause or require to be inserted in hill, 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
greatest extent feasible opportunities for training and
employment be given to low- and very low-income residents of
Subrecipient Agreement
Page 9 of 11
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 11 of 14
cooperative agreements) and that all Subrecipients shall certify and
disclose accordingly:
d. Lobbying Certification: This certification is a material representation of
fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S.C. Any
person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each
such failure.
6. Copyright: If this contract results in any copyrightable material or inventions, the
Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive
and irrevocable license to reproduce, publish or otherwise use and to authorize
others to use, the work or materials for governmental purposes.
7. Religious Activities: The Subrecipient agrees that funds provided under this
Agreement will not be utilized for inherently religious activities prohibited by 24
CFR 570.200(j), such as worship, religious instruction, or proselytization.
X. ENVIRONMENTAL CONDITIONS
A. Air and Water: The Subrecipient agrees to comply with the following requirements
insofar as they apply to the performance of this Agreement:
• Clean Air Act, 42 U.S.C. , 7401, et seq.;
• Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and information, as
well as other requirements specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder;
• Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as
amended.
B. Flood Disaster Protection: In accordance with the requirements of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities
located in an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance Program
is obtained and maintained as a condition of financial assistance for acquisition or
construction purposes (including rehabilitation).
C. Lead -Based Paint: The Subrecipient agrees that any construction or rehabilitation of
residential structures with assistance provided under this Agreement shall be subject to
HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B.
Such regulations pertain to all CDBG-assisted housing and require that all owners,
prospective owners, and tenants of properties constructed prior to 1978 be properly
notified that such properties may include lead -based paint. Such notification shall point
out the hazards of lead -based paint and explain the symptoms, treatment and precautions
that should be taken when dealing with lead -based paint poisoning and the advisability
and availability of blood lead level screening for children under seven. The notice should
also point out that if lead -based paint is found on the property, abatement measures may
be undertaken. The regulations further require that, depending on the amount of Federal
funds applied to a property, paint testing, risk assessment, treatment and/or abatement
may be conducted.
D. Historic Preservation: The Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic
Preservation Procedures for Protection of Historic Properties, insofar as they apply to the
performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, state, or local historic property list.
Subrecipient Agreement
Page 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
Christmas in July National City
n Morrison Frank Parra
Mayor, City of National City
APPROVED AS TO FORM
George Eiser
City Attorney
ATTEST
it
City Cjerk
President of the Board of Directors
Subrecipient Agreement
Page 14 of 14
EXHIBIT A
SCOPE OF SERVICES
1. The Housing Minor Rehabilitation Program consists of the following activities:
Activity Description
Christmas in July*National City will work in partnerships with the community to rehabilitate
homes, particularly for homeowners who are low income, elderly, disabled, or families with
children on July 25th 2009 with our preparation day being July lithand 18th of 2009. On
these days Christmas in July* National City coordinates the efforts of hundreds of
volunteers to rehabilitate homes.
The goal of the Minor Rehabilitation Program is to provide housing -related services to
qualified, low income families and individuals in order to preserve and improve their homes.
The goal is to promote housing that is safe, secure, and healthy and energy efficient.
Program funds may be used to update the plumbing, heating, or electrical services if
necessary. The extent of minor work is limited; the nature of the repair must be to alleviate
a condition that is hazardous or unhealthy to the occupants.
2. The following lists the staff and time commitments to be allocated to activity listed above.
Staff Member Name and Title • ,
HoUrs Allocated
Cecilia Garcia -Kirk
40 hours a week
Julie Sepulveda
40 hours a week
RoseAnita Hernandez
40 hours a week
Bernardo Galvez and Juan M. Gonzalez
Both 40 hours a week
3. Billing Method: Monthly Quarterly x
4. List the type of supporting documentation to be provided:
Detailed Reciepts for Supplies
;Specific Ledgers for Rehabilitation Employees
Insurance and Operating Expenses
5. List the major/key activity milestones:
Major Activity
Milestones
Calendar Month 2009
1
2
3
4
5
6
7
8
9
10
11
12
Recruit Volunteers
x
x
x
x
x
x
x
Program Implementation
x
x
x
x
x
x
x
Provide Program Services
x
x
x
x
Administrative Cost
x
x
x
x
EXHIBIT B
BUDGET
Agency Name: Christmas in July* National City
: Home Repair Program
Description
CDBG
BUDGET
OTHER
RESOURCES
TOTAL
BUDGET
1) Personnel (Direct labor)
Administrative Assistant 1 and 2
15,000.00
90,000.00
105,000.00
Handyman 1
13,000.00
18,000.00
31,000.00
2) Operating Cost
Food
5,000.00
1,000.00
6,000.00
Equipment
10,000.00
2,000.00
12,000.00
City Wide Clean Ups
25,000.00
25,000.00
Printing
1,000.00
2,000.00
3,000.00
Utilities
6,000.00
500.00
6,500.00
Other: Emergencies and Roof Projects
20,000.00
5,000.00
25,000.00
3) Travel
Transportation
3,000.00
1,000.00
4,000.00
4) Supplies and Materials
Supplies
30,000.00
5,000.00
35,000.00
5) Sub Total for Direct Costs
6) Indirect Costs (Overhead)
Insurance
7,000.00
7,000.00
TOTAL
$ 110,000
$ 149,500
$ 259,500
Exhibit C
Board of Directors
By -Laws
Christmas in July * National City
2010 Board of Directors
Frank Parra
2817 N. Avenue
National City, CA 91950
Tel: (619) 336-1415
Email: fparra@ci.national-city.ca.us
Mike Castanos
3981 Corolyn Dr.
La Mesa, CA 91941
Tel: (619) 336-7717 or (619) 322-5600
Email: mikec@national.k12.ca.us
Joseph Coit
2316 E 4th Street
National City, CA 91950
Tel: (619) 818-0838
Email: jgcoit@msn.com
Ron Oliver
6670 Federal Blvd.
Lemon Grove, CA 91945
Tel: (619) 287-5696 Ext. 4230
Email: roliver@edcodisposal.com
Brian Clapper
113 N. Belmont Ave
National City, CA 91950
Tel: (619) 264-6163 Cell: (619) 962-9950
Rosemary Peyron
207 South Belmont
National City, CA 91950
Tel: (619) 470-8210
Neva Buckhanon
9999 Willow Creek Rd.
San Diego, CA 92131
City Councilman
National City Resident
Lions Club
Asst. Superintendent
National School District
Marketing Executive
National City Resident
Kiwanis Club
EDCO
Director of Market Development
858-774-1986
Lions Club
Retired School Teacher
National City Resident
Tel: (858) 761-7670
email: neva.buckhanon@yahoo.com
Jackie Williams National City Windsor Gardens Convalescent Center
3996 Hemlock Street National City Host Lions Club
San Diego, CA 92113
Tel: (619) 395-6538
Email:jwilliams@windsorcares.com
Lori Peoples
1504 E. 22nd Street
National City, CA 91950
Tel: (619) 548-2934
Email: lapeoples@sbcglobal.net
David Nagy
1309 Bay Manna Drive
National City, CA 91950
Tel: (619) 336-9242
John Snyder
6670 Federal Blvd.
Lemon Grove, CA 92135
Tel: (619) 287-5696
Pat Flores
5988 Altamont Drive
San Diego, CA 92139
Tel: (619) 475-3762
Staff
Executive Director
Cecilia Garcia -Kirk
311 East 2"d Street
National City, CA 91950
Tel: (619) 474-1823
Email: christmasinju].ync c;yahoo.com
Julie Sepulveda
(805) 407-6327
jusepulve@gmail.com
Bernardo Galvez
(619) 623-2551
National City Resident
Production Expediter
PASHA Services, National City
General Manager
EDCO Disposal Corp,
ed US Navy Chief
National City Resident
Lions Club
BYLAWS
Of
CHRISTMAS IN JULY * NATIONAL CITY
A California Nonprofit Public Benefit Corporation
Article I
Name and Offices
Section 1.1 Name
This corporation shall be known as Christmas in July * National City (hereafter referred
to as the "Corporation").
Section 1.2 Principal Office
The principle office of the Corporation shall be located in San Diego County, California.
The principal address may change from one location to another within the named county
as determined by the Board of Directors.
Article II
Purposes
Section 2.1 General Purpose
The Corporation is organized and will be operated exclusively for charitable and educa-
tional purposes within the meaning of Section 501 (c) (3) of the Internal Revenue Code
of 1954 or its successor provisions.
Section 2.2 Specific Purpose
In furtherance of the above General Purpose, the Corporation will pursue decent housing
affordable to low and moderate income persons. The Corporation will sponsor volunteer
projects to repair the homes of low income, elderly and handicapped persons. Consistent
with the foregoing purposes the Corporation may engage in any lawful activity that may
be incidental or reasonably necessary to those purposes, and may exercise all powers now
or hereafter available to corporations organized under the State of California Nonprofit
Corporation Act.
Article III
Directors and Meetings
Section 3.1 Powers
Subject to the limitations stated in the Articles of Incorporation, these Bylaws, and the
Nonprofit Corporation Law, and subject to the duties of Directors as prescribed by the
Nonprofit Corporation Law, all corporate powers shall be exercised by, or under the di-
rection of, and the business and affairs of the Corporation shall be managed by, the Board
2
of Directors. The individual Directors shall act only as members of the Board of Direc-
tors, and the individual Directors shall have no power as such.
Section 3.2 Number of Directors (Revised 8 February 1995, Resolution No. 1-95)
The authorized number of Directors of the Corporation shall not be less than Nine (9) nor
more than twenty-one (21), The exact number being fifteen (15) as of February 8, 1995.
Such number shall remain until such time as changed by proper action of the Board of
Directors.
Section 3.2a Designation of Board Membership (Added 8 February 1995, Resolution No. 1-95)
At least one-third of the membership on the Board of Directors shall be made up of Na-
tional City Residents living in designated low-income neighborhoods, other low-income
community residents, or elected representatives of low-income neighborhoods.
Section 3.3 Election, Term of Office, and Qualifications
(a) The Directors shall be elected at least annually at any regular or special meeting of the
Board of Directors held for that purpose to fill vacant positions and positions becoming
vacant as a result of expiring terms.
(b) The term of a Director shall be three (3) years unless otherwise determined at the time
a Director is elected. A Director shall hold office until the earlier of (I) the expiration of
the term, which shall not exceed three (3) years, for which such Director was elected and
either such Director's successor is elected and qualified or the Board of Directors dec-
lares such Director's position to be vacant, or (II) the death, resignation or removal of the
director.
(c) No Director shall serve more than two (2) consecutive terms unless the limitation is
waived by a two-thirds (2/3) vote of the authorized number of Directors.
Section 3.4 Removal
(a) Any or all Directors may be removed, with or without cause, by a majority of the
Board of Directors then in office.
(b) The board of Directors shall be entitled to remove from office any Director who has
failed to attend one-half (1/2) of the meetings of the Board of Directors during any twelve
(12) month period without having such absences e excused by the President of the Corpo-
ration.
Section 3.5 Organization Meeting
The meeting determined by the Board of Directors to be the annual meeting and each
meeting at which at least one-third (1/3) of the Board of Directors is elected shall consti-
3
tute an organizational meeting for the purpose of organization, the election of officers and
the transition of other business. No notice of such meeting need be given to the newly -
elected Directors.
Section 3.6 Other Regular Meetings
The Board of Directors may provide by resolution the time and place for the holding of
regular meetings of the Board of Directors. No notice of such regular meetings of the
Board of Directors need be given, unless the meeting is to consider the removal of a Di-
rector (other than removal pursuant to Section 3.4 (b)) and/or an amendment to the By-
laws in which case notice shall be given as required for special meetings.
Section 3.7 Calling Meetings
Regular or special meetings of the Board of Directors may be called at any time by the
President, any Vice President, the Secretary, or any two (2) Directors of the Corporation.
Section 3.8 Notice of Special Meetings
Notice of the time and place of special meetings of the Board of Directors shall be deli-
vered in the manner and at the time required by the Nonprofit Corporation Law. Such no-
tice need not specify the purpose of the meeting except for matters that require notice for
a regular meeting described in Section 3.6. Notice shall not be necessary if appropriate
waivers, consents and/or approvals are given of the holding of the meeting without no-
tice.
Section 3.9 Conduct of Meetings
Meetings of the Board of Directors shall be presided over by the President of the Corpo-
ration or in his or her absence, by the Vice President of the Corporation or, in the absence
of each of these persons, by a Chairperson chosen by a majority of the directors present at
the meeting. The Secretary of the Corporation shall act as the secretary of all meetings of
the board, provided that, in his or her absence, the presiding officer shall appoint another
person to act as Secretary of the meeting. Meetings shall be governed by Robert's Rules
of Order, as such rules may be revised from time to time, insofar as such rules are not in-
consistent with or in conflict with these Bylaws, with the Articles of Incorporation of this
corporation, or with provisions of law.
Section 3.10 Quorum and Voting
(a) A quorum shall consist of one-third (1/3) of the authorized number of Directors for
the transaction of business. Every act or decision done or made by a majority of the
Directors present at a meeting duly held at which a quorum is present shall be the act
of the Board of Directors, unless the Articles of Incorporation, these bylaws, or the
Nonprofit Corporation Law specifically requires a greater number. In the absence of a
quorum at any meeting of the board of Directors, a majority of the Directors present
4
may adjourn the meeting. A meeting at which a quorum is initially present may con-
tinue to transact business, notwithstanding the withdrawal of enough Directors to
leave less than a quorum, if any action taken is approved by at least a majority of the
required quorum for such meeting.
(b) Directors may not vote by proxy. Directors may participate in a regular or special
meeting through conference telephone or similar communications equipment but only
if all members participating in such meeting can hear one another.
(Section (b) is kind of shaky don't you think. No provision to contact or include all direc-
tors.)
Section 3.11 Fees and Compensation
Directors shall not receive any compensation for their services as Directors, but, by reso-
lution of the Board of Directors, a fixed fee may be allowed for attendance at each meet-
ing. Directors may be reimbursed in such amounts as may be determined from time to
time by the Board of Directors for expenses incurred while acting on behalf of the Corpo-
ration and/or expenses incurred in attending meetings of the Board of Directors. Nothing
herein shall be construed to preclude any Director from serving the Corporation in any
other capacity as an officer, agent, employee, or otherwise, and receiving compensation
therefor, except that not more than forty-nine percent (49%) of the persons serving on the
board may be financially interested persons. For purposes of this section, "interested per-
sons" means either:
(a) Any person currently being compensated by the corporation for services rendered it
within the previous twelve (12) months, whether as a full or part-time officer or other
employee, independent contractor, or otherwise, excluding any reasonable compensa-
tion paid to a director as a director; or
(b) Any brother, sister, ancestor, descendant, spouse, brother-in-law, sister-in-law, son-
in-law, daughter-in-law, mother-in-law, or father-in-law of any such person.
Section 3.12 Action Without Meeting
Any action required or permitted to be taken by the Board of Directors may be taken
without a meeting, if all members of the Board shall individually or collectively consent
in writing to such action. Such written consent or consents shall be filed with the minutes
of the proceedings of the Board. Such action by written consent shall have the same force
and effect as a unanimous vote of such Directors at a duly authorized meeting.
Section 3.13 Conflict of Interest
No Director, Officer or Employee who in the course of his or her duties is required to or
is in a position to approve or influence the decision making process as to which project or
projects the Corporation shall engage in, shall have any financial interest in such project,
5
nor shall any such persons close relatives or business associates have any financial inter-
est in such project. Close relatives shall mean either natural or by operation of any of the
following: parents, spouse, siblings, cousins or in-laws. If any such director, officer or
employee owns or has any direct or indirect financial or personal interest in any Corpora-
tion project or projects, such person shall immediately make a written disclosure of that
interest to the Board of Directors and the disclosure shall be entered on the minutes of the
Corporation. Failure to make the disclosure required by this subdivision constitutes mis-
conduct in office.
Section 3.14 Non -Liability of Directors
The Directors shall not be personally liable for the debts, liabilities, or other obligations
of the Corporation.
Section 3.15 Indemnification by Corporation of Directors, Officers, Employees and
Other Agents
To the extent that a person who is, or was, a director, officer, employee or other agent of
this corporation has been successful on the merits in defense of any civil, criminal, ad-
ministrative or investigative proceeding brought to procure a judgement against such per-
son by reason of the fact that he or she is, or was, an agent of the corporation, or has been
successful in defense of any claim, issue or matter, therein, such person shall be indemni-
fied against expenses actually and reasonably incurred by the person in connection with
such proceeding.
If such person either settles any such claim or sustains a judgement against him or her,
then indemnification against expenses, judgements, fines, settlements and other amounts
reasonably incurred in connection with such proceedings shall be provided by this corpo-
ration but only to the extent allowed by the Board of Directors, in accordance with the
requirements of, Section 5238 of the California Nonprofit Public Benefit Corporation
Law.
Section 3.16 Insurance for Corporate Agents
The Board of Directors may adopt a resolution authorizing the purchase and maintenance
of insurance on behalf of any agent or the Corporation (including a director, officer, em-
ployee or other agent of the Corporation) against any liability, other than for violating
provisions of law relating to self -dealing (Section 5233 of the California Nonprofit Public
Benefit Corporation Law) asserted against or incurred by the agent in such capacity or
arising out or the agent's status as such, whether or not the Corporation would have the
power to indemnify the agent against such liability under the provisions of Section 5238
or the California Nonprofit Public Benefit corporation Law.
6
Section 3.17 Gifts
The Board of Directors may accept on behalf of the Corporation any contributions, gift,
bequest, or device for the charitable or public purposes of the Corporation.
Article IV
Officers
Section 4.1 Officers
The officers of the corporation shall be a President, a Vice President, a Secretary, and a
Treasurer, who shall be the Chief Financial Officer of the Corporation. The Corporation
may also have, at the discretion of the Board of Directors, a Chairman of the Board, one
or more additional Vice Presidents, one or more Assistant Secretaries, and such other of-
ficers as may be determined from time to time by the Board of Directors. One person
may hold two or more offices; provided, however, that neither the Secretary nor the Trea-
surer may serve concurrently as the President or the Executive Director.
Section 4.2 Election and Term
The officers of the corporation shall be chosen by the Board of Directors and shall serve
at the pleasure of the board of Directors, subject to the rights, if any, of an officer under
any contract of employment. Officers need not be chosen from among the Directors.
Section 4.3 Removal and Resignation
Any officer may be removed, either with or without cause, by the Board of Directors, at
any time. Any officer may resign at any time by giving written notice to the Board of Di-
rectors or to the President or Secretary of the Corporation. Any such resignation shall
take effect at the date of receipt of such notice or at any later date specified therein, and,
unless otherwise specified therein, the acceptance of such resignation shall not be neces-
sary to make it effective. The above provisions of this section shall be superseded by any
conflicting terms of a contract which has been approved or ratified by the Board of Direc-
tors relating to the employment of any officer of the Corporation.
Section 4.4 Duties of the President
The President shall be the Chief Executive Officer of the corporation and shall, subject to
the control of the Board of Directors, supervise and control the affairs of the corporation
and the activities of the officers. He or she shall perform all duties incident to his or her
office and such other duties as may be required by law, by the Articles of Incorporation,
or by these Bylaws, or which may be prescribed from time to time by the Board of Direc-
tors. The President shall, if present, preside at all meetings of the Board of Directors. If
7
applicable, the President shall preside at all meetings of the members. Except as other-
wise expressly provided by law, by the Articles of Incorporation, or by these Bylaws, he
or she shall, in the name of the corporation, execute such deeds, mortgages, bonds con-
tracts, checks, or other instruments which may from time to time be authorized by the
Board of Directors.
Section 4.5 duties of Vice President
In the absence of the President, or in the event of his or her inability or refusal to act, the
Vice President shall perform all the duties of the President, and when so acting shall have
all the powers of, and be subject to all the restrictions on, the President. The Vice Presi-
dent shall have other powers and perform such other duties as may be prescribed by law,
by the Articles of Incorporation, or by these Bylaws, or as may be prescribed by the
Board of Directors.
Section 4.6 Duties of the Secretary
The Secretary shall keep at the principal office of the Corporation or at such other place
as the board may determine, the original or a copy of the Articles of Incorporation and
these Bylaws, as amended to date, a book of minutes in written form of all meetings of
the directors, and, if applicable, meetings of committees, recording therein the time and
place of holding, whether regular or special, how called, how notice thereof was given,
the names of those present or represented at the meeting, and the proceedings thereof.
Be custodian of all corporation records and maintain a roster of all Board and Committee
members.
Exhibit at all reasonable times to any director of the corporation, or to his or her agent or
attorney, on request therefor, the Bylaws, any membership book, and the minutes of the
proceedings of the directors of the corporation.
In general, perform all duties incident to the office of secretary and such other duties as
may be required by law, by the Articles of Incorporation of this corporation, or by these
Bylaws, or which may be assigned to Him or Her from time to time by the Board of Di-
rectors.
Section 4.7 Duties of the Treasurer
The Treasurer will be the Chief Financial Officer. The Treasurer will keep and maintain,
or will supervise and cause to be kept and maintained, adequate and correct books and
records of account in written form or any other form capable of being converted into
written form. The Treasurer will give or cause to be given to the Directors such financial
statements and reports as are required by law, by the Bylaws, or by the Board. The books
of account are open to inspection by any Director at all reasonable times.
8
The Treasurer will deposit, or will supervise and cause to be deposited: all monies and
other valuables in the name and to the credit of the Corporation with such depositaries as
may be Designated by the Board of Directors. The Treasurer will disburse, or will super-
vise and cause to be disbursed, all funds of the Corporation as may be ordered by the
Board of Directors, will render to the President and Directors, whenever they request it,
an account of all of the Treasure's transactions as Treasurer and of the financial condition
of the Corporation, and will have such other powers and performs such other duties as
may be prescribed by the Board of Directors, including the following:
a. Insure the preparation and presentation to the Board of Directors all financial
statements as requested and/or required by law.
b. Insure the preparation of annual tax returns.
c. Establish procedures for handling corporate funds.
Section 4.8 Compensation
The compensation, if any, of the officers shall be fixed from time to time by the Board of
Directors, and, except as provided in Section 3.11, no officer shall be prevented from re-
ceiving such compensation by reason of the fact that the officer is also a Director of the
Corporation.
Article V
Execution of Instruments, Deposits and Funds
Section 5.1 Execution of Instruments
The Board of Directors, except as otherwise provided in these Bylaws, may by resolution
authorize any officer or agent of the corporation to enter into any contract or execute and
satisfy any instrument in the name of and on behalf of the corporation, and such authority
may be general of confined to specific instances. Unless so authorized, no officer, agent,
or employee shall have any power or authority to bind the corporation by any contract or
engagement or to pledge its credit or to render it liable monetarily for any purpose or in
any amount. However, in the absence of any action by the Board of Directors to the con-
trary, the President shall be authorized to execute such instruments on behalf of the Cor-
poration.
Section 5.2 Checks and Notes
Except as otherwise specifically determined by resolution of the Board of Directors, or as
otherwise required by law, checks, drafts, promissory notes, orders for the payment of
money, and other evidence of indebtedness of the corporation shall be signed by the Pres-
ident of the corporation.
9
Section 5.3 Loans
The President or any other officer, employee or agent authorized by the Bylaws or by the
Board of Directors may effect loans and advances from any bank, trust company or other
institutions or from any firm, corporation or individual and for such loans and advances
may make, execute and deliver promissory notes, bonds or other certificates or evidences
of indebtedness of the corporation, and when authorized by the Board of Directors to do
so, may pledge hypothecate or transfer assets of the corporation as security for such loans
or advances. Such authority conferred by the Board of Directors may be general or con-
fined to specific instances or otherwise limited.
Section 5.4 Standards, Retention of Property
1. In investing, reinvesting, purchasing, acquiring, exchanging, selling and managing the
Corporation's investments other than assets held for use or used directly in carrying
out a public or charitable program of the Corporation, the Board of Directors shall
avoid speculation, looking instead to the permanent disposition of the funds, consi-
dering the probable income, as well as the probable safety of the Corporation's capi-
tal.
Unless limited by the (Nonprofit Corporation Law, the Articles of Incorporation and/or
these Bylaws) Articles or the Bylaws, the Corporation may continue to hold property
properly acquired or contributed to it if and as long as the Board of Directors, in the exer-
cise of good faith and of reasonable prudence, discretion and intelligence, may consider
that retention is in the best interests of the Corporation. No retention of donated assets
violates this section 5.4, where such retention was required by the donor in the instrument
under which the assets were received by the Corporation, except that no such requirement
may be effective more than ten (10) years after the death of the donor.
2. No investment violates this Section 5.4 by virtue of the investment's speculative cha-
racter, where the investment conforms to provisions authorizing such investment con-
tained in the instrument or agreement under which the assets were contributed to the
Corporation.
Article VI
Committees
Section 6.1 Executive and Other Committees of the board of Directors
The Board of Directors may, by resolution, create an executive committee and/or other
committees, consisting of two or more Directors. Such committees shall have such power
and authority as may be determined by the Board of Directors, subject to the limitations
10
imposed on such power and authority by the Nonprofit Corporation Law and/or the Ar-
ticles of Incorporation.
Section 6.2 Other Committees
a. The Board of Directors may, by resolution, create other committees, including ad
hoc advisory committees, consisting of two or more Directors and other persons
as necessary or appropriate. Committee chairs shall normally be members of the
Board of Directors and shall be appointed by the President.
b. The duties of each committee shall be determined and may be modified from time
to time by the Board of Directors. Each committee shall have such power and au-
thority as imposed by the Nonprofit Corporation Law and/or the Articles of In-
corporation. Committees with non -Board Members shall be advisory only.
Article VII
Members
Section 7.1 No Statutory Members
The Corporation shall have no Members ("Members") as defined in section 5056 of the
Nonprofit Corporation Law of the State of California as amended from time to time (the
"Nonprofit Corporation Law"). As a non-member Corporation, any action which would
otherwise require approval by a majority of all members or approval by the members,
shall only require the approval of the Board of Directors.
Section 7.2 Action by Members
Any action which would otherwise require a vote of Members shall require only a vote of
the Board of Directors, and no meeting of members shall be required. All rights, which
would otherwise vest in the Members, shall vest in the Board of Directors.
Section 7.3 Associated Persons
Nothing in this Article VII shall be construed as limiting the right of the Corporation to
refer to persons associated with it as "members" even though such persons are not Mem-
bers, and no such reference shall constitute anyone a Member, within the meaning of Sec-
tion 5056 of the Nonprofit Corporation Law. The Corporation may confer by amendment
of its Articles or of these Bylaws some or all of the rights of a member, as set forth in the
Nonprofit Corporation Law, upon any person or persons; provide, however, that no such
person or persons shall be a member within the meaning of said Section 5056 unless such
person(s) is given the right, Pursuant to a specific provision of the Articles and/or By-
laws, to vote for the election of a director or directors, to vote on a disposition of all or
substantially all of the assets of the Corporation, to vote on a merger or dissolution of the
Corporation, and/or to vote on changes to the Articles and/or Bylaws.
11
Section 7.4 Open Meetings to Public (Added 8 March 1995, Resolution No. 2-95)
The public, particularly low-income, program beneficiaries, are invited to all regular
meetings of Christmas in July * National City for the purpose of advising this organiza-
tion in all of its decisions regarding the design, siting, development and management of
all affordable housing projects.
Article VIII
Fiscal Year and financial Matters
Section 8.1 Fiscal Year
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.
Section 8.2 Prohibition Against Sharing Corporate Profits and Assets
No member, director, officer, employee, or other person connected with this Corporation,
or any private individual, shall receive at any time any of the net earnings or pecuniary
profit from the operations of the Corporation, provided, however, that this provision shall
not prevent payment to any such person of reasonable compensation for services per-
formed for the Corporation in effecting any of its public or charitable purposes, provided
that such compensation is otherwise permitted by these Bylaws and is fixed by resolution
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.
12
Article IX
Amendments
(a) The Articles of Incorporation and/or these Bylaws may be amended, repealed, or re-
placed by the affirmative vote of a majority of the Board of Directors then in office, ex-
cept as otherwise provided by law or by the Articles of Incorporation.
Written Consent of Directors Adopting Bylaws
We, the undersigned, are all of the persons named as the initial Directors in the Articles
of Incorporation of Christmas in April * National City, a California nonprofit corpora-
tion, and, pursuant to the authority granted to the Directors by these Bylaws to take action
by unanimous written consent without a meeting, consent to, and hereby do, adopt the
foregoing Bylaws, consisting of 13 pages, as the Bylaws of this Corporation.
Dated: July 7, 1994
Signed: George H. Waters, Director
Signed: David L. Sheldon, Director
Signed: Robert L Frodera, Director
Signed: Mary Alice Taliak, Director
Signed: Elisabeth Garcia, Director
Signed: Jo Ellen Zayer, Director
Signed: Al Alvarado, Director
Signed: Lori Anne Peoples, Director
Signed: Stanley H. Gabarra, Director
13
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 E
AFFIRMATIVE ACTION POLICY
1. Provision of Program Services
a. SUB -RECIPIENT shall not, on the grounds of race, religion, color, national origin,
sex, sexual preference, or handicap, exclude any person from participation in,
deny any person the benefits of, or subject any person to discrimination under
any program or activity funded in whole or in part with CDBG funds.
b. SUB -RECIPIENT shall not under any program or activity funded in whole or in
part with CDBG funds, on the grounds of race, religion, color, national origin,
sex, sexual preference, or handicap:
1) Deny any facilities, services, financial aid or other benefits
provided under the program or activity; or
2) Provide any facilities, services, financial aid, or other benefits
which are different or are provided in a different form from that
provided to others under the program or activity; or
3) Subject to segregated or separate treatment in any facility in, or
in any matter of process related to receipt of any service or
benefit under the program or activity; or
4) Restrict in any way access to, or in the enjoyment of any
advantage or privilege enjoyed by others in connection with
facilities, services, financial aid, or other benefits under the
program or activity; or
5) Treat an individual differently from others in determining whether
the individual satisfies any admission, enrollment, eligibility,
membership, or other requirement or condition which the
individual must meet in order to be provided any facilities,
services, or other benefits provided under the program or
activity; or
6) Deny any opportunity to participate in a program or activity as an
employee.
c. SUB -RECIPIENT may not utilize criteria or methods of administration which have
the effect of subjecting individuals to discrimination on the basis of race,
religion, color, national origin, sex, sexual preference, or handicap, or have the
effect of defeating or substantially impairing accomplishment of the objectives of
the program or activity with respect to individuals of a particular race, religion,
color, national origin, sex, sexual preference or handicap.
d. SUB -RECIPIENT, in determining the site or location of housing or facilities
provided in whole or in part with CDBG funds, may not make selections of such
site or location which have the effect of excluding individuals from, denying
them the benefits of, or subjecting them to discrimination on the grounds of
race, color, national origin, or sex, or which have the purpose or effect of
defeating or substantially impairing the accomplishment of the objectives of the
Civil Rights Act of 1964 and amendments thereto:
e. In administering a program or activity funded in whole or in part with CDBG
funds regarding which the SUB -RECIPIENT has previously discriminated against
persons on the grounds of race, religion, color, national origin, sex, sexual
preference or handicap, the SUB -RECIPIENT must take affirmative action to
overcome the effects of prior discrimination.
f. Even in the absence of such prior discrimination, a SUB -RECIPIENT in
administering a program or activity funded in whole or in part with CDBG funds
should take affirmative action to overcome the effects of conditions which would
otherwise result in limiting participation by persons of a particular race, color,
national origin, or sex. Where previous discriminatory practice or usage tends,
on the grounds of race, religion, color, national origin, sex, sexual preference, or
handicap, to exclude individuals from participation in, to deny them the benefits
of, or to subject them to discrimination under any program or activity to which
CDBG funding applies, the SUB -RECIPIENT has an obligation to take reasonable
action to remove or overcome the consequences of the prior discriminatory
practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964.
g•
A SUB -RECIPIENT shall not be prohibited by this part from taking any eligible
action to ameliorate an imbalance in services or facilities provided to any
geographic area or specific group of persons within its jurisdiction where the
purpose of such action is to overcome prior discriminatory practice or usage.
h. Notwithstanding anything to the contrary in Sections J. 1. (a. through h.),
nothing contained herein shall be construed to prohibit any SUB -RECIPIENT
from maintaining or constructing separate living facilities or rest -room facilities
for the different sexes. Furthermore, selectivity on the basis of sex is not
prohibited when institutional or custodial services can properly be performed
only by a member of the same sex as the recipients of the services.
2. Employment Discrimination
a. SUB -RECIPIENT shall not discriminate against any employee or application for
employment because of race, color, religion, sex, national origin, age, or
handicap. SUB -RECIPIENT shall take affirmative action to insure that applicants
are employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, national origin, age, or handicap. Such
action shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff
or termination, rate -of -pay or other forms of compensation and selection for
training including apprenticeship. SUB -RECIPIENT agrees to post in conspicuous
places, available to employees and applicants for employment, notices setting
forth the provisions of this non-discrimination clause.
b. SUB -RECIPIENT shall, in all solicitations or advertisements for employees placed
by or on behalf of SUB -RECIPIENT, state that all qualified applications will
receive consideration for employment without regard to race, color, religion,
sex, national origin, age, or handicap.
c. SUB -RECIPIENT shall send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the CDC's contracting officers,
advising the labor union or workers' representative of SUB -RECIPIENT'S
commitments under Section 202 of Executive Order No. 11246 of September
24, 1965, and shall post copies of the notices in conspicuous places available to
employees and applicants for employment.
d. SUB -RECIPIENT shall comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor..
e. SUB -RECIPIENT shall furnish to the CDC all information and reports required by
Executive Order No. 11246 of September 24, 1965, and by the related rules,
regulations, and orders.
f. In the event of SUB -RECIPIENT'S failure to comply with any rules, regulations,
or orders required to be complied with pursuant to this Agreement, the CDC
may cancel, terminate, or suspend in whole or in part its performance and SUB -
RECIPIENT may be declared ineligible for further government contracts in
accordance with procedures authorized in Executive Order No. 11246 of
September 24, 1965, and such other sanctions as may be imposed and
remedies invoked as provided in Executive Order No. 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
g. SUB -RECIPIENT shall include the provisions of Section II. J. 2. (a. through f.),
"Affirmative Action Policy," paragraphs (1) through (6) in every subcontract or
purchase order unless exempted by rules, regulations, or order of the Secretary
of Labor issued pursuant to Section 204 of Executive Order No. 11246 of
September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. SUB -RECIPIENT shall take such action with respect to
any subcontract or purchase order as the CDC may direct as a means of
enforcing such provisions including sanctions for non-compliance; provided,
however, that in the event SUB -RECIPIENT becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the CDC, SUB -RECIPIENT may request the United States to enter
into such litigation to protect the interests of the United States.
h. SUB -RECIPIENT shall not discriminate on the basis of age in violation of any
provision of the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with
respect to any otherwise qualified handicapped individual as provided in Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). SUB -RECIPIENT shall
also provide ready access to and use of all CDBG fund -assisted buildings to
physically handicapped persons in compliance with the standards established in
the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.).
3. Remedies: In the event of SUB -RECIPIENT'S failure to comply with any rules,
regulations, or orders required to be complied with pursuant to this Agreement, the
CDC may cancel, terminate, or suspend in whole or in part its performance and SUB -
RECIPIENT may be declared ineligible for further government contracts and any such
other sanctions as may be imposed and remedies invoked as provided by law.
Exhibit F
Insurance
Nonprofits'
IWN
Nonprofits' Insurance
Alliance of California
P.O. Box 8507, Santa Cruz, CA 95061
P: (800) 359-6422
F: (831) 459-0853
DIRECTORS' & OFFICERS' LIABILITY POLICY
DECLARATIONS
Item 1. Named Member: Christmas in July- National City
Item 2.
2101 Hoover Avenue
National City, CA 91950
Policy Number: 2009-19055-DO-NPO
Policy Period: 07/13/2009 to 07/13/2010
(12:01 A.M. Standard time at the address stated in Item 1.)
Address:
Item 3. Limit of Liability: $ 1,000,000
$ 1,000,000
Item 4. Deductible: N/A
Each Wrongful Act
Annual Aggregate
Item 5. Premium: $ 1,200
(premium does not include Terrorism Coverage - Certified Acts)
Nonprofits' Insurance
Alliance of California
A HEAD FOR WSUF NCE ... A HEART FOR NONPROFITS
Item 6. Applicable policy form(s) and Endorsement(s) effective at inception:
NIAC-DODEC-NPO, NIAC-DOPWA/07 09, NIAC-DOET/07 09, NIAC-E3DO/1-99,
NIAC-EDO1/8-91, NIAC-EDO4/3-94, NIAC-EDO7/07 09, NIAC-ED034/1-02, NIAC-E42/07 06,
CG 21 73/01 08
Producer: 00068
Michael Ehrenfeld Company
2655 Camino Del Rio N. Ste 200
San Diego, CA 92108
NIAC-DODEC - NPO
a,ce,62
Authorized Company Representative
President, NIAC
06/12/2009
Nonprofits'
WN
Nonprofits' Insurance
Alliance of California
DATE: June 12, 2009
TO: Christmas in July- National City (19055)
FR: Pamela Fyfe, Labor and Employment Risk Manager
pfyfe@insurancefornonprofits.org
RE: Avoiding Wrongful Termination Lawsuits
PO Box 8507
Santa Cruz, CA 95061-8507
Phone (831) 459-0980
Fax (831) 459-0853
You have recently renewed Directors and Officers coverage with the Nonprofits' Insurance Alliance
of California (NIAC). Employee -related lawsuits are the most common claim filed against nonprofit
D&O insurance policies. Many of these lawsuits can be avoided by obtaining good advice before
you terminate an employee. To assist you, NIAC provides FREE pre -termination consultation. Just
contact me at (831) 459-0980 and I will assist you to ensure that you take the appropriate actions to
protect your organization.
Another service that NIAC provides FREE is reviewing your personnel handbook to ensure that it is
in compliance.
You may find these additional facts about employment -related matters of interest:
• Well over 90% of the claims made against directors and officers of 501(c)(3) nonprofits are
employment related. These commonly involve allegations of wrongful terminations,
discrimination, or harassment.
• The primary reason nonprofits find themselves in employment -related lawsuits are failing to
follow, to the letter, personnel policies which are in compliance with law. In particular, if your
personnel policies provide for any special considerations before terminations, such as
grievance, probationary period, or written or verbal warnings, and you do not follow these,
policies to the letter, but instead fire immediately in anger, chances are good that you could
find yourself in a lawsuit.
• During our review of personnel policies of those nonprofits with D&O coverage, we most
commonly find policies out -of -compliance with current law regarding pregnancy leave,
provision for payment of overtime, and applicable classes protected from discrimination such
as sexual orientation, political affiliation, veteran status and others.
For everyone's benefit we hope your organization does not find itself in a difficult termination
situation. However, if you do, please do not hesitate to contact me before you take action so that
together we can help minimize your exposure to expensive and time-consuming lawsuits.
P.S.
A knowledgeable, committed board of directors is the strongest protector of a charitable
organization's accountability to the law, its clients, it donors and the public. Are you looking
for a communications and information management solution for your board of directors?
BOARDnetWORK was created by MAC for its member -insureds. For less than $1.00 a day,
this easy to use, web -based resource will free you from the effort required to keep your board
organized and running smoothly.
View short demo at www.Boardnetwork.org. For more information, call our Loss Control
Director at (831) 459-0981 ext. 76.
Nonprofits'
Nonprofits' Insurance
Alliance of California
INDEX OF FORMS ATTACHED TO THE POLICY
POLICY NUMBER: 2009-19055-DO-NPO
NAME OF INSURED: Christmas in July- National City
Nonprofits' Insurance
Alliance of California
A HEAD FOR INSURANCE ... A HEART FOR NONPROFITS
Page 1
DIRECTORS AND OFFICERS FORMS AND ENDORSEMENTS
Directors & Officers Liability Policy Declarations
Prior Wrongful Acts Coverage Endorsement
Nonprofit Organization Directors' and Officers' Liability Policy
Member Criteria
Nuclear Energy Liability Exclusion Endorsement (Broad Form)
Blood Testing Exclusion
Non -Imputation
Mold, Fungus Exclusion
Nuclear, Chemical and Biological Hazard Exclusion
Exclusion of Certified Acts of Terrorism
This list of forms is not part of the actual policy, but is for your information only.
Please refer to the policy(s) for actual limits, coverages and exclusions.
FORM NUMBER/EDITION DATE
NIAC-DODEC-NPO
NIAC-DOPWA/07 09
NIAC-DOET/07 09
NIAC-E3DO/1-99
NIAC-EDO1/8-91
NIAC-EDO4/3-94
NIAC-EDO7/07 09
NIAC-ED034/1-02
NIAC-E42/07 06
CG 21 73/01 08
Nonprofits'
Nonprofits' Insurance
Alliance of California
NONPr' )FITS' INSURANCE ALLIANCE OF CALIrORNIA
P.O. Box 8507, Santa Cruz, CA 95061
P: (800) 359-6422
F: (831) 459-0853
Nonprofits' Insurance
Alliance of California
A FEAR FOR INSURANCE ... A HEART FOR NONPROFITS
NONPROFITS OWN
COMMERCIAL LINES COMMON POLICY DECLARATIONS
PRODUCER:
Michael Ehrenfeld Company
2655 Camino Del Rio N. Ste 200
San Diego, CA 92108
NAME OF INSURED AND MAILING ADDRESS:
Christmas in July- National City
2101 Hoover Avenue
National City, CA 91950
POLICY NUMBER: 2009-19055- NPO
RENEWAL OF NUMBER: 2008-19055- NPO
POLICY PERIOD: FROM 07/13/2009 TO 07/13/2010
AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE
BUSINESS DESCRIPTION: Home repair for the Elderly and Handicap
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS
POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS POLICY.
THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THESE PREMIUMS MAY BE SUBJECT TO ADJUSTMENT
PREMIUM
COMMERCIAL GENERAL LIABILITY COVERAGE PART - OCCURRENCE $910
COMMERCIAL AUTO LIABILITY COVERAGE PART $1,286
COMMERCIAL AUTO PHYSICAL DAMAGE COVERAGE'PART $107
IMPROPER SEXUAL CONDUCT COVERAGE PART Not Covered
COMMERCIAL LIQUOR LIABILITY COVERAGE PART INCLUDED
TERRORISM COVERAGE (Certified Acts) $9
TOTAL: $2,312
FORM(S) AND ENDORSEMENT(S) MADE A PART OF THIS POLICY AT TIME OF ISSUE:'
NIAC-GL-NPO NIAC-LL-NPO NIAC-AL-NPO SCHEDULE G/01 80,
NPO-001/04 09, NIAC-X1/08 02, NIAC-E3/1-99, NIAC-E7/10 04,
NIAC-E22/8-95, NIAC-E2510198, NIAC-E28/1-99, NIAC-E29/1-99,
CG2101 /11 85, CG 00 33/01 96, CG 20 11/01 96, CG 20 12/07 98,
CG 20 34/07 04, CG 21 16/07 98, CG 21 70/01 08, CG2230/11-85,
CG7794/04 93. IL 00 17/11 98, IL 02 70/11 04. IL 09 85/01 08,
SCHEDULE U01 80,
NIAC-E11/7-92,
NIAC-E30/4-00,
CG2018/11-85,
CG2244/11-85,
SCHEDULE BA/01 80,
NIAC-E12/5-92,
NIAC-E33/1-02,
CG2020/11-85,
CG2407/11-85,
CG 00 01/07 98,
NIAC-E15/02 09,
NIAC-E42/07 06,
CG 20 26/07 04,
CG2504/11-85,
'OMITS APPLICABLE FORMS AND ENDORSEMENTS IF SHOWN IN
SPECIFIC COVERAGE PART / COVERAGE FORM DECLARATIONS.
COUNTERSIGNED: 06/12/2009
BY
(AUTHORIZED REPRESENTATIVE)
THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S)
AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY.
NIAC - CO - NPO (00068 - DB)
Nonprofits'
iWNN
Nonprofits' Insurance
Alliance of California
NONPROFITS' INSURANCE ALLIANCE OF CALIFORNIA
P.O. Box 8507, Santa Cruz, CA 95061
P: (800) 359-6422
F: (831) 459-0853
Nonprofits' Insurance
Alliance of California
A HEAD FOR INSURANCE ... A HEART FOR NONPROFITS
COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS
PRODUCER:
Michael Ehrenfeld Company
2655 Camino Del Rio N. Ste 200
San Diego, CA 92108
NAME OF INSURED AND MAILING ADDRESS:
Christmas in July- National City
2101 Hoover Avenue
National City, CA 91950
POLICY PERIOD: FROM 07/13/2009 TO 07/13/2010
AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE
BUSINESS DESCRIPTION: Home repair for the Elderly and Handicap
POLICY NUMBER: 2009-19055 -NPO
RENEWAL OF NUMBER: 2008-19055 -NPO
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS
POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS POLICY.
LIMITS OF COVERAGE:
GENERAL AGGREGATE LIMIT (OTHER THAN PRODUCTS - COMPLETED OPERATIONS)
PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT
PERSONAL AND ADVERTISING INJURY LIMIT
EACH OCCURRENCE LIMIT
DAMAGE TO PREMISES RENTED TO YOU
MEDICAL EXPENSE LIMIT
ADDITIONAL COVERAGES:
SOCIAL SERVICE PROFESSIONAL LIABILITY
$2,000,000
$2,000,000
$1,000,000
$1,000,000
$500,000 any one premises
20,000 any one person
EXCLUDED
CLASSIFICATION(S) SEE ATTACHED SUPPLEMENTAL DECLARATIONS SCHEDULE G
PREMIUM
$910
FORMS AND ENDORSEMENTS APPLICABLE TO THIS POLICY ARE INCLUDED IN COMMERCIAL LINES COMMMON POLICY DECLARATIONS
COUNTERSIGNED: 06/12/2009 BY
/62
(AUTHORIZED REPRESENTATIVE)
THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S)
AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY.
NIAC - GL - NPO
(00068)
Nonprofits'
,titW
Nonprofits' Insurance
Alliance of California
P.O. Box 8507, Santa Cruz, CA 95061
P: (800) 359-6422
F: (831) 459-0853
Nonprofits' Insurance
Alliance of California
A HEAD FOR INSURANCE... A HEART FOR NONPROFITS
COMMERCIAL GENERAL LIABILITY
EXTENSION OF DECLARATIONS
POLICY NUMBER: 2009-19055-NPO
NAME OF INSURED: Christmas in July- National City
Schedule G
Page 1
PREMISES
CODE/CLASS
61227/Buildings or Premises - office - NFP
PREMIUM *ADVANCED
*LOC BASIS RATE PREMIUM
1 720 125.426 $90
Activities/Programs:
Event # # of people Description
1 200 Clean Up Day (4) $100
2 150E Spirit of the Holidays $50
3 400 Rehab Program -July -One Day $500
4 300 Prep Days (3)-July @ 100 people each $75
Increased Aggregate $95
*See Common Declarations for Total Advanced Premium and Schedule 'L' for locations.
6.
COUNTERSIGNED: 06/12/2009 BY
NIAC - SCHEDULE G - NPO
(AUTHORIZED REPRESENTATIVE)
(00068)
Nonprofits'
.AWN
Nonprofits' Insurance
Alliance of California
P.O. Box 8507, Santa Cruz, CA 95061
P: (800) 359-6422
F: (831) 459-0853
Nonprofits' Insurance
Alliance of California
A HEAD FOR INSURANCE .. A HEART FOR NONPROFRS
COMMERCIAL GENERAL LIABILITY
EXTENSION OF DECLARATIONS
POLICY NUMBER: 2009-19055-NPO
NAME OF INSURED: Christmas in July- National City
Schedule L
Page 1
PREMISES DESIGNATED PREMISES ADDITIONAL INSUREDS
LOC/BLDG ADDRESS, CITY. STATE. ZIP AND OTHER INTERESTS
1 2101 Hoover Avenue
National City, CA 91950
COUNTERSIGNED: 06/12/2009 BY
NIAC - SCHEDULE L - NPO
a a ce
(AUTHORIZED REPRESENTATIVE) (00068)
Nonprofits'
Nonprofits' Insurance
Alliance of California
P.O. Box 8507, Santa Cruz, CA 95061
P: (800) 359-6422
F: (831) 459-0853
Nonprofits' Insurance
Alliance of California
A HEAD FOR INSURANCE... A HEART FOR NONPROHR
COMMERCIAL LIQUOR LIABILITY COVERAGE PART DECLARATIONS
PRODUCER:
Michael Ehrenfeld Company
2655 Camino Del Rio N. Ste 200
San Diego, CA 92108
NAME OF INSURED AND MAILING ADDRESS:
Christmas in July- National City
2101 Hoover Avenue
National City, CA 91950
POLICY NUMBER: 2009-19055-NPO
RENEWAL OF NUMBER: 2008-19055-NPO
POLICY PERIOD: FROM 07/13/2009 TO 07/13/2010
AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE
BUSINESS DESCRIPTION: Home repair for the Elderly and Handicap
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS
POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS POLICY.
LIMITS OF COVERAGE:
GENERAL AGGREGATE LIMIT
EACH COMMON CAUSE LIMIT
$ 1,000,000
$ 1,000,000
PREMIUM:
Included
FORMS AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART AND MADE PART OF THIS POLICY AT THE TIME OF ISSUANCE:
CG 00 33/01 96
THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE
FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY.
COUNTERSIGNED: 06/12/2009 BY
(AUTHORIZED REPRESENTATIVE)
NIAC - LL -NPO (00068)
Nonprofits'
itWN
Nonprofits' Insurance
Alliance of California
INDEX OF FORMS ATTACHED TO THE POLICY
POLICY NUMBER: 2009-19055 - NPO
NAME OF INSURED: Christmas in July- National City
Page 1
LIABILITY FORMS AND ENDORSEMENTS
Commercial General Liability Coverage Part Declarations
Commercial Liquor Liability Coverage Part Declarations
Business Auto Coverage Part Declarations
Commercial General Liability Class Code Schedule
Commercial General Liability Location Schedule
Business Auto Coverage Schedule
Commercial General Liability Coverage Form
Nonprofits' OWN Enhancement Endorsement
Improper Sexual Conduct Exclusion
Member Criteria
Exclusion of Coverage for Claims By and Related to Past and Present Employees
Fireworks Exclusion
Nuclear Energy Liability Exclusion Endorsement
Blood Testing Exclusion
Asbestos Exclusion
Additional Insured - Designated Person or Organization
Property Damage to Personal Property in the Care, Custody or Control of the Insured
Employee Personal Auto Reimbursement
Additional Insured - Volunteers
Mold, Fungus Exclusion
Nuclear, Chemical and Biological Hazard Exclusion
Exclusion - Athletic or Sports Participants
Liquor Liability Coverage Form
Additional Insured - Managers or Lessors of Premises
Additional Insured - State or Political Subdivisions - Permits
Additional Insured - Mortgagee, Assignee or Receiver
Additional Insured - Charitable Institutions
Additional Insured - Designated Person or Organization
Additional Insured - Lessor of Leased Equipment - Automatic Status - Lease
Designated Professional Services Exclusion
Cap on Losses from Certified Acts of Terrorism
Corporal Punishment Exclusion
Health or Cosmetic Services Exclusion
Products/Completed Operations Hazard Redefined
Amendment - Aggregate Limits of Insurance (Per Location)
Liability Arising Out of Lead Exclusion
Common Policy Conditions
California Changes - Cancellation and Nonrenewal
Disclosure Pursuant to Terrorism Risk Insurance Act
This list of forms is not part of the actual policy, but is for your information only.
Please refer to the policy(s) for actual limits, coverages and exclusions.
FORM NUMBER/EDITION DATE
NIAC-GL-N PO
NIAC-LL-NPO
NIAC-AL-NPO
SCHEDULE G/01 80
SCHEDULE L/01 80
SCHEDULE BA/01 80
CG 00 01/07 98
NPO-001/04 09
NIAC-X1/08 02
NIAC-E3/1-99
NIAC-E7/10 04
NIAC-E 11 /7-92
NIAC-E12/5-92
NIAC-E15/02 09
NIAC-E22/8-95
NIAC-E25/01 98
NIAC-E28/1-99
NIAC-E29/1-99
NIAC-E30/4-00
NIAC-E33/1-02
NIAC-E42/07 06
CG2101/11 85
CG 00 33/01 ,96
CG 20 11 /01 96
CG 20 12/07 98
CG2018/11-85
CG2020/11-85
CG 20 26/07 04
CG 20 34/07 04
CG 21 16/07 98
CG 21 70/01 08
CG2230/11-85
CG2244/11-85
CG2407/11-85
CG2504/11-85
CG7794/04 93
IL 00 17/11 98
IL 02 70/11 04
IL 09 85/01 08
POLICY NUMBER: 2009-19055-NPO COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - ATHLETIC OR SPORTS PARTICIPANTS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Description of Operations:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
With respect to any operations shown in the Schedule, this insurance does not apply to "bodily injury" to any
person while practicing for or participating in any sports or athletic contest or exhibition that you sponsor.
CG 21 01 11 85
Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1
Nonprofits'
Nonprofits' Insurance
Alliance of California
P.O. Box 8507, Santa Cruz, CA 95061
P: (800) 359-6422
F: (831) 459-0853
Nonprofits' Insurance
Alliance of California
A HEAD FOR INSURANCE .. A HEART FOR NONPROFITS
BUSINESS AUTO COVERAGE PART DECLARATIONS
PRODUCER: Michael Ehrenfeld Company
2655 Camino Del Rio N. Ste 200
San Diego, CA 92108
Item One:
NAME OF INSURED AND MAILING ADDRESS:
Christmas in July- National City
2101 Hoover Avenue
National City, CA 91950
POLICY NUMBER: 2009-19055- NPO
RENEWAL OF NUMBER: 2008-19055-NPO
POLICY PERIOD: FROM 07/13/2009 TO 07/13/2010
AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE
BUSINESS DESCRIPTION: Home repair for the Elderly and Handicap
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS
POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS POLICY.
Item Two:
SCHEDULE OF COVERAGES AND COVERED AUTOS.
This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos"
shown as covered "autos". "Autos" are shown as covered "autos" or a particular coverage by the entry of one or more of the symbols from the COVERED
AUTOS Section of the Business Auto Coverage Form next to the name of the coverage.
COVERAGES
COVERED AUTOS
Entry
the COVERED AUTOS Seeionor rn
Buselesa Auto Coverage Foam shows
which autos are covered autos.
LIMIT
THE MOST WE WILL PAY FOR ANY
ONE ACCIDENT OR LOSS
PREMIUM
LIABILITY CSL
1
$1,000,000
$937
HIRED AUTO
INCLUDED
INCLUDED
$50
NONOWNED AUTO
INCLUDED
INCLUDED
$50
AUTO MEDICAL PAYMENTS
2
$5,000
$119
UNINSURED MOTORIST
2
$1,000,000
$130
PHYSICAL DAMAGE
COMPREHENSIVE
COVERAGE
7,8
uR Te",EH m
Actual ,'"eech awe. °'w'^°^'�°�'°a"r^
cash value or amac w a. "aro, EwEw e
cast of repair
whichever $500 =ETH",''H>— m
$21
COLLISION
COVERAGE
7,8
is less I
minus
$500 r� ob o R
IHenm,a' JN"el'm
THREE mined aW. Sm REM
$86
THREE for hired m�o, .eHr.se
.as.
TOWING AND LABOR
N/A
SN/A for each disablement of a private passenger "auto"
N/A
ESTIMATED TOTAL PREMIUM $1,393
FORMS AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART AND MADE PART OF THIS POLICY AT THE TIME OF ISSUANCE:
CA0305/2-97, CA9923/12-93, CA 00 01/03 06, CA0029/12-88, CA 01 43/05 05, CA 20 54/10 01, CA 21 54/03 06,
CA2171/1-88, CA 99 03/03 06, CA 99 33/02 99, CA 99 34/12 93,
THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS,
COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY.
COUNTERSIGNED: 06/12/2009 BY
NIAC - AL - NPO
/62
(AUTHORIZED REPRESENTATIVE
(00068)
Nonprofits'
tV\/N
Nonprofits' Insurance
Alliance of California
P.O. Box 8507, Santa Cruz, CA 95061
P: (800) 359-6422
F: (831) 459-0853
BUSINESS AUTO COVERAGE FORM
Nonprofits' Insurance
Alliance of California
A HEAD FOR INSURANCE ... A HEART FOR NONPRONTS
POLICY NUMBER: 2009-19055
NAME INSURED: Christmas
- NPO SCHEDULE BA
Page 1
in July- National City
COVERED AUTOS YOU OWN
Item Three: SCHEDULE OF
DESCRIPTION
CLASS
TERR. CODE
DEDUCTIBLES
coverage is provided
indicated
OTHER THAN
COLLISION
apply only if
as
below.
COLLISION
TOWING
& LABOR
Limit per
Disablement
COVERED
AUTO
NO.
YEAR, MODEL, TRADE NAME,
BODYTYPE, SERIAL NUMBER(S)
VIN
1 1976 Ford Ranger E38HHA128380 041 01199 500 500 N/A
PREMIUMS: COVERAGE IS PROVIDED ONLY IF A PREMIUM CHARGE IS INDICATED.
COVERED
AUTO
NO.
OWNED HIRED
MED UM/
LIABILITY PAY UIM
PHYSICAL DAMAGE
TOWING
AND
LABOR
ADDITIONAL INSURED / LOSS PAYEE:
Except for towing, all physical damage loss is payable
In youa d aims Imeye of laces earnSeeed below
was Interest
Smedule Al.
COLL. COMP.
1 937 119 130 86 21 NIA
NO/H 50 50
Hired PD Hired Physical Damage Deductibles:
Comprehensive: $500 Collision: $500
UM Waiver of Collision Deductible Coverage (premium included above)
— on all eligible vehicles
06/12/2009
Signature
Date
Nonprofits'
WIC
Nonprofits' Insurance
Alliance of California
INDEX OF FORMS ATTACHED TO THE POLICY
POLICY NUMBER: 2009-19055- NPO
NAME OF INSURED: Christmas in July- National City Page 1
AUTO FORMS AND ENDORSEMENTS FORM NUMBER/EDITION DATE
California Changes - Waiver of Collision Deductible CA0305/2-97
Rental Reimbursement Coverage CA9923/12-93
Business Auto Coverage Form CA 00 01/03 06
Changes in Business Auto and Truckers Coverage Forms - Insured Contract CA0029/12-88
California Changes CA 01 43/05 05
Employee Hired Autos CA 20 54/10 01
California Uninsured Motorists Coverage - Bodily Injury CA 21 54/03 06
Punitive Damages Exclusion CA2171/1-88
Auto Medical Payments Coverage CA 99 03/03 06
Employees as Insureds CA 99 33/02 99
Social Service Agencies - Volunteers as Insureds CA 99 34/12 93
This list of forms is not part of the actual policy, but is for your information only.
Please refer to the policy(s) for actual limits, coverages and exclusions.
Named Insured: Christmas in July- National City
SCHEDULE
Waiver of Collision Deductible
Nonprofits' Insurance
Alliance of California
A HEAD FOR INSURANCE ... A HEART FOR NONPROFITS
NONPROFITS' INSURANCE ALLIANCE OF CALIFORNIA
P.O. Box 8507, Santa Cruz, CA 95061
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALIFORNIA CHANGES - WAIVER OF
COLLISION DEDUCTIBLE
For a covered "auto" licensed or principally garaged in or "garage operations" conducted in California this
endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
C ,.
Endorsement effective: 07/13/2009 00:00:0 Countersigned by;
Authorized Representative
Designation or Description of Covered "Auto" Premium
Any covered "auto" with BOTH Uninsured Motorist
Coverage AND Collision Coverage.
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
A. When Physical Damage Coverage provides B.
coverage for a "loss" to a covered "auto" caused
by its collision or upset, and:
1. The "loss" involves an "uninsured motor
vehicle"; and
2. You are legally entitled to recover the full
amount of your "loss" from the owner or
operator of the " uninsured motor vehicle";
and
3. The Schedule indicates that the Waiver of
Collision deductible provision applies to the
covered "auto"; then
We will pay the full deductible. Subject to the
above, if you are legally entitled to recover only a
percentage of your "loss", we will pay that
percentage of your deductible. However, if the
amount of the "loss" is less than your deductible,
we will pay the percentage of the "loss" that you
are legally entitled to recover. In no event will we
pay more than the amount of the "loss."
CONDITIONS
1.
The following is added to the Conditions
Section:
ARBITRATION
a. If we and an "insured" disagree whether
the "insured" is legally entitled to recover
damages from the owner or operator of
an "uninsured motor vehicle" or do not
agree as to the amount of damages that
are recoverable by that "insured," the
disagreement will be settled by a single
neutral arbitrator. However, disputes
concerning coverage under this
endorsement may not be arbitrated. The
arbitration must be formally instituted by
the "insured" within one year from the
date of the "accident." Each party will bear
the expenses of the arbitrator equally.
CA 0305 (02/97) Page 1 of 2
DATE: 6/12/2009
b. Unless both parties agree otherwise,
arbitration will take place in the county in
which the "insured" lives. Local rules of law
as to arbitration procedure and evidence will
apply. The decision of the arbitrator will be
binding.
2. Paragraph 2.a of the Duties In The Event Of
Accident, Claim, Suit Or Loss Loss Condition is
replaced as follows:
a. You must report the "accident" or "loss" to us
our agent within ten business days. You
must tell us how, when and where the "loss"
happened. You must assist in obtaining
names and addresses of any injured
persons and witnesses.
C. Additional Definitions
As used in this endorsement:
1. For Physical Damage Coverage:
a.
"Auto" means a self-propelled motor vehicle.
However, it does not include:
(1) A vehicle transporting persons for hire,
compensation or profit, other than a
van pool vehicle;
(2) A vehicle designed, used or maintained
primarily for the transportation of
property; or
(3) "Mobile equipment."
"Uninsured motor vehicle" means a land
motor vehicle or trailer which is involved in a
collision with a covered "auto" and for which:
(1)
No liability bond or policy at the time of
an "accident" provides at least the
amount required for property damage
liability by the California Financial
Responsibility Law; or
(2) The insuring or bonding company
denies coverage or refuses to admit
coverage except conditionally or with
reservation or becomes insolvent.
The collision must involve direct physical
contact between a covered "auto" and the
"uninsured motor vehicle" and:
(1) The owner or operator of that vehicle
must be identified; or
(2) The "uninsured motor vehicle" must be
identified by its license number.
However, "uninsured motor vehicle" does not
include any vehicle:
(1) Owned or operated by a self -insurer
under any applicable motor vehicle law
except a self -insurer who is or becomes
insolvent and cannot provide the
amounts required by that motor vehicle
law;
(2) Owned by a governmental unit or
agency; or
(3)
Designed for use mainly off public roads
while not on public roads.
CA 0305 (02/97) Page 2 of 2
DATE: 6/12/2009
Nonprofits'
4tVVN
Nonprofits' Insurance
Alliance of California
P.O. Box 8507, Santa Cruz, CA 95061
P: (800) 359-6422
F: (831) 459-0853
Nonprofits' Insurance
Alliance of California
A HEAD FOR INSURANCE... A HEART FOR NONPROFITS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RENTAL REIMBURSEMENT COVERAGE
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply
unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below.
SCHEDULE
Designation or Description of
Maximum Payment
Auto
No.
Covered "Autos" to which this
insurance applies PP
Coverages
Each Covered "Auto"
Premium
Any One
No. of
Any One
Day
Days
Period
Any covered "auto"
Comprehensive $50 30 $1500 Incl.
Collision
$50 30 $1500 Incl.
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
CA 9923 (12/93)
A. This endorsement provides only those coverages
where a premium is shown in the Schedule. It
applies only to a covered "auto" described or
designated in the Schedule.
B. We will pay for rental reimbursement expenses
incurred by you for the rental of an "auto" because
of "loss" to a covered "auto". Payment applies in
addition to the otherwise applicable amount of each
coverage you have on a covered "auto". No
deductibles apply to this coverage.
C. We will pay only for those expenses incurred during
the policy period beginning 24 hours after the "loss"
and ending, regardless of the policy's expiration,
with thc lesser of the following number of days:
1. The number of days reasonably required to
repair or replace the covered "auto". If "loss"
is caused by theft, this number of days is
added
to the number of days it takes to locate the
covered "auto" and return it to you.
2. The number of days shown in the Schedule.
D. Our payment is limited to the lesser of the following
amounts:
E.
F.
1. Necessary and actual expenses incurred.
The maximum payment stated in the Schedule
applicable to "any one day" or "any one
period".
This coverage does not apply while there are spare or
reserve "autos" available to you for your operations.
If "loss" results from the total theft of a covered
"auto" of the private passenger typc, we will pay
under this coverage only that amount of your rental
reimbursement expenses which is not already
provided for under thc PHYSICAL DAMAGE
COVERAGE Coverage Extension.
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
CA 9923 (12/93)
POLICY NUMBER: 200919055NPO COMMERCIAL GENERAL LIABILITY
Christmas in July - National City CG20260704
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following;
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s)
l Any person or organization that you are required to add as an additional insured on this policy, under
a written contract or agreement currently in effect, or becoming effective during the term of this policy.
The additional insured status will not be afforded with respect to liability arising out of or related to
your activities as a real estate manager for that person or organization.
j The City of National City, its elected officials, officers, agents, and employees.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II - Who Is An Insured is amended to in-
clude as an additional insured the person(s) or organi-
zation(s) shown in the Schedule; but only with respect
to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole or
in part, by your acts or omissions or the acts or omis-
sions of those acting on your behalf:
A. In the performance of your ongoing operations; or
B. In connection with your premises owned by or
rented to you.
CG20260704
ISO Properties, Inc., 2004 Page 1 of 1 0
POLICYHOLDER COPY
STATE
COMPENSATION
I NSU6tANCE
FUND
ISSUE DATE: 04-13-2010
P.Q. BOX 420807, SAN FRANCISCO,CA 94142-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
CITY OF NATIONAL CITY
ATTN: BUSINESS LICENSE DIVISION FINANCE
1243 NATIONAL CITY BLVD
NATIONAL CITY CA 91950-4301
SD
GROUP:
POLICY NUMBER: 1908796-2009
CERTIFICATE ID: 2
CERTIFICATE EXPIRES: 09-01-2010
09-15-2009/09-01-2010
THIS CERTIFICATE SUPERSEDES AND CORRECTS
CERTIFICATE t/ 1 DATED 04-08-2010
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer.
We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
thorized Representative
EMPLOYER'S LIABILITY LIMIT INCLUDING
ENDORSEMENT #2570 ENTITLED WAIVER OF
ATTACHED TO AND FORMS A PART OF THIS
CITY OF NATIONAL CITY
EMPLOYER
I/.dreAot
Interim President and CEO
DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
SUBROGATION EFFECTIVE 2010-04-13 IS
POLICY. THIRD PARTY NAME:
CHRISTMAS IN JULY - NATIONAL CITY (NON-PROFIT
CORP)
2101 HOOVER AVE
NATIONAL CITY CA 91950
[RRC,CN]
SD
IREV.1-20101
PRINTED : 04-13-2010
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 FYs 2005-06 through
2009-10, adopted by the City Council in May 2005. The Annual Action Plan, attached hereto as
Exhibit "A," includes a listing of projects/activities to be undertaken in Fiscal Year 2009-2010
utilizing CDBG and HOME funds; and
WHEREAS, HUD has not released the final formula annual allocation and an
estimate for the total allocation is used to calculate funding allocations for both the CDBG and
HOME programs based on information provided by the National Association of Housing and
Redevelopment Officials.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
National City hereby approves and authorizes the submission of the FY 2008-2009 Annual
Action Plan for the expenditure of said funds to the U.S. Department of Housing and Urban
Development (HUD).
BE IT FURTHER RESOLVED, that the City of National City will adjust the grant
amounts once the final formula allocation is released by HUD as follows:
A. If the final allocation is greater than the estimated amount for the CDBG and
HOME Programs, then all activities will share a proportional increase in funding with the
exception of Activity No. 8 Fire Apparatus Lease Payment No. 5 of 5, which will remain as stated
as it is a fixed payment amount.
B. If the final allocation is less than the estimated amount for the CDBG and HOME
Programs, then all activities will share a proportional decrease in funding with the exception of
Activity No. 8 Fire Apparatus Lease Payment No. 5 of 5 and any activity at or below $20,000 for
which the funding will remain as stated.
Resolution No. 2009 — 87
Page 2
April 21, 2009
In the event a change in funding, whether an increase or decrease, is greater
than 5% the allocation will be brought forth to the City Council for review.
PASSED and ADOPTED this 21st day of April, 2009.
on Morrison, Mayor
ATTEST:
//
Mi ael R. Dalla / ity Clerk
APPROVED AS TO FORM:
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
4
City of National City -
Police Department
Homeless Outreach Program and
Enforcement
250 Individuals
$41,537
5
PASACAT
The Philippines Through Music
and Dance
2,755
Individuals
$10,000
6
South Bay Community
Services
National City Police Department
Juvenile Diversion Program
55 Individuals
$10,000
7
Trauma Intervention
Programs of San Diego
County, Inc.
Crisis Intervention Team
799 Households
$8,000
TOTAL FOR PUBLIC SERVICE ACTIVITIES
166,124
PRIOR YEAR COMMITMENTS TO PHYSICAL IMPROVEMENT ACTIVITIES
Public Facility Improvement Activities
8
City of National City - Fire
Department
Fire Apparatus Lease Payment 5 of
5
1 Fire Apparatus
/ Equipment
$84,906
TOTAL PRIOR YEAR COMMITMENTS
$84,906
PHYSICAL IMPROVEMENT ACTIVITIES
Rehabilitation and Repair Activities
9
Christmas in July
National City
Home Repair Program
10 Households
$110,000
10
City of National City-
Community Development
Department
Granger Hall Preservation and
Heritage Tourism Planning
1 Historic
Restoration
(14,474
Households)
$25,000
11
National City Living History
Farm Preserve
Stein Farm Community Use
Planning
1 Community
Facility
$40,000
Public Facility Improvement Activities
12
Council of Philippine
American Organizations of
San Diego County, Inc.
COPAO Building Renovation Project
1 Public Facility
Improvement
Public
Infrastructure
Improvements
$15,000
13
City of National City -
Engineering Department
Soccer Field
$79,466
Resolution No. 2009-87
Page 1 of 3
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
NUMBER TO
BENEFIT FROM
THE ACTIVITY
14
15
16
City of National City -
Engineering Department
City of National City -
Engineering Department
City of National City -
Engineerinq Department
Miscellaneous Concrete
Improvements
Miscellaneous Storm Drain
Improvements
ADA Master Plan
TOTAL NEW PHYSICAL IMPROVEMENT ACTIVITIES
Public
Infrastructure
Improvements
Public
Infrastructure
Improvements
Public
Infrastructure
Improvements
CDBG
FUNDING
REQUEST
$100,000
$125,500
$140,000
$634,966
CDBG PROGRAM ADMINISTRATION
17
City of National City -
Community Services
Department
Neighborhood Council Program
n/a
$105,000
18
The Fair Housing Council of
San Diego
Fair Housing and Tenant -Landlord
Education Services
n/a
$38,000
19
City of National City -
Community Development
Department
CDBG Program Administration
n/a
$78,499
TOTAL FOR PROGRAM ADMINISTRATION
$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 43 EXilllil 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.
* 4'1
City Jerk of the City of ational City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
ft....MEETING DATE April 21, 2009
AGENDA ITEM NO. 22
(IEM 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 X DEPARTMENT Community Development Dep.
(Ext. 4391) Housing and Grants Division
EXPLANATION
Upon the conclusion of Public Hearing No.4, the City Council will consider the adoption of the
attached resolution approving the FY 2009-2010 Annual Action Plan.
The Annual Action Plan (AAP) addresses the housing and community development needs assessed in
the City's 5-Year Consolidated Plan for FY's 2005-06 through 2009-10, adopted by the City Council in
May 2005. The AAP includes a listing of all proposed projects/activities to be undertaken in FY 2008-
2009 (July 1, 2008 - June 30, 2009) utilizing CDBG and HOME program funding.
Environmental Review J NIA
Financial Statement
The estimated amount of funding available for
Community Development Block Grant -
Home Investment Partnership Program
STAFF RECOMMENDATION
Adopt attached resolution.
BOARD 1 COMMISSION RECOMMENDATION
Not applicable to this report.
Approved By Cton.
Finance Direct r
FY 2009-2010 for each program is as follows:
$1,107,495 Account No. 30I-0o00-34416
- $645,850 Apr- es so -
1 ATTACHMENTS ( Listed Below) Resolution No.
Attachment 1: Summary of FY 2009-2010 CDBG and HOME Program Funding Recommendations
A-200 (9/99)
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Della, CMC - City Clerk
619-336-4228 phone • 619-336-4229 fax
April 19, 2009
Ms. Cecilia Kirk
Christmas in July National City
2101 Hoover Avenue
National City, CA 91950
Dear Ms. Kirk,
On April 15th, 2010, a Subrecipient Agreement was entered between the City of
National City and Christmas in July National City.
We are enclosing for your records a fully executed original agreement.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Housing & Grants Department