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HomeMy WebLinkAbout2010 CON Council of Philippine American Organizations of San Diego County - CDBG 09-10SUBRECIPIENT AGREEMENT By and Between the City of National City and Council of Philippine American Organizations of San Diego County, Inc. for the COPAO Building Renovation Project THIS AGREEMENT, entered this 9,tH day of Jury , 2010 by and between the City of National City (herein called the "Grantee") and Council of Philippine American Organizations of San Diego County, Inc. (herein called the "Subrecipient.") WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; SCOPE OF SERVICE A. Activities: The Subrecipient will be responsible for administering the program titled, COPAO Building Renovation Project in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include activities eligible under the Community Development Block Grant (CDBG) program, as specified in Exhibit A, attached and incorporated herein. B. National Objectives: All activities funded with CDGB funds must meet one of the CDBG program's National Objectives: benefit low- and moderate -income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet the National Objective of benefiting low- and moderate -income persons. C. Levels of Accomplishment — Goals and Performance Measures: The levels of accomplishment may .include such measures as units rehabilitated, persons or households assisted, or meals served, and should include periods for performance. Refer to Exhibit A for levels of program services. D. Staffing: Subrecipient shall be responsible for staff and time to be allocated to each activity, as set forth in Exhibit A, attached hereto and incorporated herein. E. Performance Monitoring: The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE Services of the Subrecipient shall start on the 1st day of July, 2009 and end on the 30'h day of June of 2010 in the case of Public Services and in the case of Capital Improvements end on June 30, 2011. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. III. BUDGET Any indirect costs charged must be consistent with the conditions of Paragraph VII (C)(2) of this Agreement. Subrecipient shall adhere to the budget breakdown, attached as Exhibit B and incorporated herein. Both the Grantee and the Subrecipient must approve any amendments to the budget in writing. Subrecipient Agreement Page 1of14. IV. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed Fifteen Thousand Dollars ($15,000.00). 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: rantee Subreci ent Contact Person: Carlos Aguirre Contact Person: Martia Ferrer Organization: City of National City Organization: Council of Philippine American Organizations of San Diego County, Inc. Address: 1243 National City Boulevard National City, CA 91950-4301 Address: 832 E Avenue National City, CA 91950 Telephone: (619) 336-4391 Telephone: (619) 477-4090 Email: caguirre@nationalcityca�ov Email: copaopres@sbcglobal.net VI. GENERAL CONDITIONS A. General Compliance: The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. "Independent Contractor": Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. C. Hold Harmless: The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. Subrecipient Agreement Page 2 of 14 D. Workers' Compensation: The Subrecipient shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the Grantee and its elected officials, officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the Grantee or its elected officials, officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the Grantee under this Agreement. Insurance & Bonding: The Subrecipient, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies attached as Exhibit F: ❑ 1. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 2. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). 3. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. 4. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of subrecipient's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the Grantee. Said endorsement shall be provided prior to commencement of work under this Agreement. 5. The aforesaid policies shall constitute primary insurance as to the Grantee, its officers and employees, so that any other policies held by the Grantee shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the Grantee of cancellation or material change. 6. Said policies, except for the professional liability and workers' compensation policies, shall name the Grantee and its elected officials, officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. 7. If required insurance coverage is provided on a "claims made" rather than `occurrence" form, the Subrecipient shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 8. Any aggregate insurance limits must apply solely to this Agreement. 9. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 10. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City Risk Manager. If the Subrecipient does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the Grantee may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 11. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the Grantee. Subrecipient Agreement Page 3of14 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 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 Subrecipient Agreement Page 4 of 14 case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. Grantee and sub -recipient agree to provide written notice to the other party thirty (30) days prior to the effective date of any termination, in whole or part, for convenience. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards: The 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 Subrecipient Agreement Page 5 of 14 include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the 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. Subrecipient Agreement Page 6 of 14 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. 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, Subrecipient Agreement Page 7 of 14 the Age Discrimination Act of 1975, Executive Order 11063, and 11246 as amended by Executive Orders 11375, 11478, 12107 and 2. Nondiscrimination: The Subrecipient agrees to comply discrimination in employment and contracting opportunities laws, executive orders referenced in 24 CFR 570.607, as revised by 13279. The applicable non-discrimination provisions in Section 109 still applicable. Executive Order 12086. with the non - regulations, and Executive Order of the HCDA are 4. Land Covenants: This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504: The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action 1. Approved Plan: The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds, consistent with the policy in Exhibit "F", attached hereto and incorporated herein. 2. Women- and Minoritv-Owned Businesses (W/MBE): The Subrecipient will use its 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 Subrecipient Agreement Page 8 of 14 hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Eaual Employment Opportunity and Affirmative Action (EEO/AA) Statement: The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions: The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity: The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards: The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance: Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial Subrecipient Agreement Page 9 of 14 assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The 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. ADarovals: 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 Subrecipient Agreement Page 10 of 14 be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. 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. Lobbvinq: 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 Subrecipient Agreement Page 11 of 14 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 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. Subrecipient Agreement Page 12 of 14 In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. XI. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. XII. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. XIII. WAIVER The Grantee's failure to act with respect to a breach by the 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 11 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. City of National City Ron Morrison Mayor, City of National City APPROVED AS TO FORM George Eisef City Attorney ATTEST 1_,,,ezoi Micha I Dalla City Clerk Council of Philippine American Organizations of San Diego County, Inc. rita Ferrer resident Subrecipient Agreement Page 14 of 14 EXHIBIT A SCOPE OF SERVICES 1. The COPAO Building Renovation Project consists of the following activities: Activity s The COPAO office building structure will be rehabilitated to comply with the requirements for the Conditional Use Permit as stated in Attachment 2 of the attached contract between COPAO and the contractor. The work includes: replacing roof, flooring, doors, windows, assuring ADA access (including ADA compliant bathroom), electrical upgrades, lighting, interior and exterior finishes including painting. commitments to be allocated to activity listed above. , staff.i 'ember Niiii — it e` i > IG" = amours A'i,6' t d3 n/a n/a 3. Billing Method: $10,000 at the beginning of the project to cover planning, permit, and engineering fees, and initial materials/labor. $5,000 at project completion after final inspection is completed and contractor and subcontractor lien releases are submitted. 4. List the type of supporting documentation to be provided: Planning and Permit Paid Fees including the Conditional Use Permit Design and Engineering Fees and Invoices Contractor Invoices including cost of Materials Inspection Records 5. List the major/key activity milestones: Major Activity Milestones 2010 Calendar 1 2 3 4 5 6 7 •'8 9 10 11 12 Receive CUP Approval x Prepare bid packages for CUP conditions X Award and Execute Contract x Construction of Improvements x x x x Final Inspection and Lien Releases x EXHIBIT B BUDGET Agency Name: Council of Philippine American Organizations of San Diego County, Inc. Activity Name: COPAO Building Renovation Project Description CDBG BUDGET OTHER RESOURCES TOTAL BUDGET Planning Fees (CUP) 3,903.00 3,903.00 Buiding Permits 2,422.91 2,422.91 Engineering and Design 1,500.00 1,500.00 Construction (Labor and Supplies) 11,097.00 26,488.00 37,585.00 TOTAL $ 15,000.00 $ 30,410.91 $ 45,410.91 Page 1 of 3 CONTRACT FOR REPAIR AND CONSTRUCTION OF COPAO OFFICE This agreement made this 3o4ay of ill -, 2010, by and between Council of Philippine American Organizations of San Diego County, Inc., (COPAO) of 832 E Avenue, National City, California, 91950 herein referred to as "Owner", and Orlando M. Cruz, of OMC Construction, herein referred to as "Contractor". Owner and contractor in consideration of the mutual covenants hereinafter set forth agree as follows: SECTION 1 - STRUCTURE AND SITE Contractor shall furnish all labor and materials necessary to repair, construct and renovate COPAO's garage/office upon the following described property, which owner warrants he owns, free and clear of liens and encumbrances: 832 E. Avenue, National City, California 91950 SECTION 2 — SCOPE OF WORK Contractor shall conduct repairs, construction and renovation on the structure to correct any and all building deficiencies noted in the letter from the National City Building Department, dated March 25, 2009 (Attachment 1) to be in conformance with the codes specified therein, and the scope of work (Attachment 2) in a workmanlike manner, excluding correction of roach problem, if any. SECTION 3 — CONTRACT PRICE AND RELATED PURCHASE Owner shall pay contractor the sum of THIRTY-SEVEN THOUSAND FIVE HUNDRED EIGHTY- FIVE Dollars ($37,585.00), 1. The amount of THIRTY-SEVEN THOUSAND FIVE HUNDRED EIGHTY-FIVE Dollars ($37,585.00) will be paid in installments as follows: $ 1,500.00 - First payment for Design & Plan Preparation upon signing of the contract $10,000.00 - Advance Payment Prior to Actual Start of Work $ 6,000.00 - Upon completion of trusses & roofing work (#1 & 2 - Attach 2) $ 5,000.00 - Upon completion of flooring & tiling work (#3 & 4 - Attach 2) $ 5,000.00 - Upon completion of ADA compliant bathroom work (#10 — Attach 2) $ 5,000.00 - Upon completion of work on walls, doors & windows (#5, 6, 7, 8, 9 & 11 — Attach 2) Balance of Contract upon completion of electrical, painting, stucco and all phases of the work. SECTION 4 — TIMELINE FOR WORK The work will commence at the earliest possible time, and be completed within sixty (60) days from the signing of this contract. Page 2 of 3 SECTION 5 — PREPARATION AND UTILITIES 1. Prior to the start of construction, owner shall provide the contractor clear and complete access to the building. 2. Prior to the start of construction, and at all times during construction, owner shall provide and maintain, at owner's sole expense, water and electrical service, including power outlets. SECTION 6 - RESPONSIBILITY 1. Furnished Items - Contractor shall furnish and be fully responsible for all materials, equipment, labor, transportation, equipment, machinery, tools, appliances, fuel, and all other facilities and incidentals necessary for the performance, start-up and completion of the work. 2. Materials — All materials and equipment/fixtures shall be of good quality and new, except as otherwise provided in the Contract Documents or agreed upon in writing between the Owner and the Contractor. All materials and equipment/fixtures shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable supplier. 3. Permits/Inspections — Owner shall be responsible for obtaining and paying for all construction permits and licenses required by the City of National City. 4. Taxes — Contractor shall pay all sales, consumer, use and other similar taxes required to be paid in accordance with the laws and regulations of the City of National City and the State of California. 5. Safety — Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall comply with all applicable laws and regulations relating to the safety of persons or property. 6. Insurance — Contractor shall be responsible for all required general liability, workers compensation and other related insurance as is appropriate for the work being performed. 7. Changes to Work — Any changes or revisions to the scope of work shall be mutually agreed upon by the Owner and the Contractor in writing before implementation. 8. Binder — Owner and the Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. Contractor shall not be responsible for claims arising out of damages to persons or property occasioned by owner or his agents, third parties, acts of God or other causes beyond contractor's control. Owner shall hold contractor completely harmless from, and shall indemnify contractor for, all costs, damages, losses, and expenses, including judgments and attorneys fees, resulting from claims arising from causes enumerated in this paragraph. Page 3 of 3 SECTION 7 - POSSESSION Owner shall not have possession of the structure until such time as all payments or other obligations required to them as set forth in this agreement have been fully paid or performed by them. If possession of structure is taken by owner before the above obligations are met, without the written consent of contractor, it shall be considered as acceptance of the structure, by the owner, as complete and satisfactory. However, Owner shall have access to the structure and contents of the office, including all furniture, equipment, and supplies therein, whenever needed, provided that appropriate notice is given to the Contractor. SECTION 8 - GENERAL PROVISIONS 1. This Contract and all issues, disputes and matters arising out of it shall be governed by and construed in accordance with the laws of the State of California, including exclusive of that body of law governing conflict of laws. 2. There are no understandings or agreements between contractor and owner other than those set forth in this agreement and in the documents referred to in Sections 2. No other statement, representation or promise has been made to induce either party to enter into this agreement. This agreement and the documents referred to in Sections 2 may not be modified or amended except by written agreement of the parties. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first written above. Witnesses Owner: )72✓92 i M ' errer re ' entt, COPAO Witness,s Contractor: Orlando Montemayor Cruz OMC Construction Licence # 889160 Attachments: 1. Letter from City of National City dated March 25, 2009 2. Scope of Work and Cost Proposal dated June 22, 2009 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR March 25, 2009 COPAO Attn: Ditas Yamane 832 E Avenue National City, CA 91950 Mrs. Yamane, The Planning Department has reviewed your request for information regarding the operation of the Council of Philippine American Organization (COPAO) at 832 E Avenue in National City. The purpose of this letter is to inform you that: • Conditional Use Permit 1977-17 established a residential/automotive mixed use at the site; therefore, the operation of a residential/administrative office mixed use requires only a business license. Please note, Building Division and Fire Department may require physical alterations to convert the existing shop to an administrative office. • Board of Director meetings and other gatherings at the site require both a Conditional Use Permit and a business license. Building Division and Fire Department may require changes to the shop and garage beyond requirements for an administrative office. • Permit status regarding the residential structure located on E Avenue has not yet been determined by the Building Division. Please contact Luis Sainz (619) 336-4214 to schedule an appointment. If you have any questions regarding this matter, or desire additional information please call me at (619) 336-4310. Sincerely, M. 1 &A Michael Fellows Planning Technician 1 ATTACHMENT 2 SCOPE OF WORK IN CONNECTION WITH THE REPAIR/RENOVATION OF EXISTING COPAO OFFICE STRUCTURE (40'2" x 22' 10") AT 832 E AVENUE, NATIONAL CITY, CA 91950 1. Replace existing flat roof with pitched roof with asphalt shingles, and 2' overhang over front of building, with decorative ventilation slats for upper front of building. 2. Install new roof rafters (2x12" min) OR structural trusses with approved insulation. 3. Raise floor level by 2," provided this will be ADA compliant re the door entrances and meet city code on required height of ceiling. 4. Remove all existing VTC floor tile and replace with ceramic tile for entire floor. 5. Replace 2 existing doors with 2 commercial doors. 6. Replace one existing window (3'x4') in conference room with new double glazed sliding window. 7. Install new 4' high x 6' wide window for the office area. 8. Remove existing garage door and replace with standard sliding French door (glass) with 2x6 stud wall frames. 9. Install standard door/doorframe between office and conference room. 10. Enlarge existing bathroom to be ADA compliant with new fixtures & hardware. Install new ceramic floor tile only in the new bathroom, with door opening at the conference room. 11. Insta11 2x4 stud wall with R13 thermal insulation in the entire interior walls with drywall, mud and painting, including ceiling. 12. Upgrade all interior/exterior electrical system to meet city code. 13. Install fluorescent lights, switches and outlet fixture units. 14. If required by code, install standard water heater for bathroom water supply only. 15. Stucco exterior walls at owner's choice of color. 16. OPTIONAL: Install new FAU with ceiling duct only for the entire building - Provided city code allows this, instead of Forced Air Unit, COPAO will furnish the office and conference room with portable heaters/blowers,. Exhibit C Board of Directors By -Laws COPAO - San Diego BOARD OF DIRECTORS 2009 and 2010 Merly Ferrer PreSde-=: Fred Gallardo Normita Atangan Vice Presdeut rcr `;Payee Benjie Podschun Vice_ Pres dent nor Ope,a•;.on; Pete Cortez _ecre[an Alice Podschun Treasurer Ernie Singson Au ;tor Arlito Reclosado Se antat-ArTis Directors: George Alfonso Norma Baladad Nita Barrion Larry Breitfelder Jeremy Buenviaje Amy Buluran nce Bumanglag Aurora 5. Cudal emie Cupit Alicia DeLeon -Torres Mary Garrido Henry Gonzales Nario Idos Nedy Lao Rudy Liporada 3un Mataban Dr. Riz A. Oades Blanca Paloma A/Chief Cesar Solis Ditas Yamane Exautroe Crrecter Contact information COPAO - San Diego 832 E Avenue National City, CA 91950 Tel: (619) 477-4090 Fax: (619) 477-6052 COPAO is a nonprofit 501c(3) collaborative of organizations ^iced by a common concern for conomk, social and political r anrcart of its members through deveropmenta/programs and projects. Your generous sponsorship or donation is tax deductible Tax ID tt 95-2B0-1795 COUNL-L OF PHILIPPINE AME1.ACAN ORGANIZATIONS OF SAN DIEGO COUNTY Officers and Board of Directors Council of Philippine American Organizations of San Diego County for 2009-2010 ( COPAO - San Diego ) President - Marita "Merly" Ferrer Executive Vice President - Fred Gallardo Vice President for Operations (to be appointed) Vice President for Finance - Normita Atangan Secretary (to be appointed) Treasurer- Alice Podschun Sergeant at Arms - Arlito Reclosado Board of Directors: (Two -Year Term) Dr. Aurora S. Cudal (University of the Philippines Alumni Association) Dr. Riz A. Oades (Kalusugan Community Services) George Alfonso (Anak Ti San Manuel Association) Nita Barrion (California Residential Care Providers) Nedy Lao (FilAm Women's Club) Larry Breitfelder (Southbay FilAm Association) Nario Idos (Pozorubians of Southern California) Cesar Solis (City of San Diego FilAm Employees Association) Vince Bumanlag (FilAm Chamber of Commerce) Jun Mataban (Subic Bay Retired Employees Assn,) (One Year Term) Mary Garrido (FilAm Seniors of North County) Henry Gonzales (Aklan Residents of San Diego) Amy Baluran (Siliman University Alumni Association) Rudy Liporada (Baguio City Association) Femie Cupit (FilAm Chamber of Commerce) Norma Baladad (Philippine Nurses Association (San Diego Chapter) Jeremy Buenviaje (Philippine American Youth Organization (PAYO) Blanca Paloma (Philippine Nurses Association, San Diego Chapter) Alicia de Leon Torres (Filipino American Community Empowerment) Ditas Yamane, COPAO Executive Director BYLAWS (As amended on October 7, 2008) Article I. NAME AND GENERAL NATURE The name of the organization shall be COUNCIL OF PHILIPPINE AMERICAN ORGANIZATIONS OF SAN DIEGO COUNTY, INC_ (COPAO). It shall be a non- profit public benefit organization incorporated under the laws of the State of California. Article II.OFFICE The office of COPAO shall be located at 832 1/2 "E" Avenue, National City, California 91950, or at other locations which it may establish in the future. Article III.MISSION, OBJECTIVES AND POWERS Section A. Mission Statement — COPAO is a collaborative of organizations united by a common concern for the economic, social and political empowerment of its members through developmental programs and projects. Section B. Objectives 1. To expand opportunities for improving the quality of life and political maturity of its members and the community. 2. To provide a forum for networking and raising awareness of community issues across all sectors of the community. 3. To foster harmony and mutual cooperation among its members and the community. 4. To promote an understanding and appreciation of each other's cultural heritage. 5. To provide leadership in developing resources that will redound to the mutual benefit of its members. Section C. Powers - COPAO is empowered to exercise all the rights and privileges granted to it under California Corporation Laws and these Bylaws. Article IV.MEMBERSHIP Section A. Types and Eligibility 1. Member Organizations - Any organization with a minimum of 20 members based in San Diego County is qualified to become a member, provided that its Bylaws are in accord with these Bylaws. Membership shall require a majority vote of the Board of Directors, after receipt of a completed membership application, a copy of the organization's bylaws and roster of members, and membership dues. 2. Members -at -large — Any individual who has consistently supported the objectives and activities of COPAO may apply to become a member. Membership shall require a majority vote of the Board of Directors. 3. Honorary Members - A member of the Board of Directors may nominate any individual as an Honorary Member, based on his/her exemplary service to the community. The nomination requires confirmation by the Board of Directors. Section B. Rights and Responsibilities of Members 1. Each member organization, through its president or duly designated representative, shall have the right to speak on issues on the floor, nominate candidates to run for office and vote during the elections. However, the member organization may not vote on motions or resolutions during meetings of the Board of Directors. A newly admitted member organization shall have the same rights, except that it shall have no right to nominate candidates to run for office or vote during deliberations of the Board of Directors and during the biennial election of Officers and Directors, until after one full year of membership. 2. Members -at -large and honorary members have the right to speak on issues on the floor, but shall have no right to introduce any business or amendments, make a motion, vote or run for office during elections. 3. If an officer or member organization is designated to implement a program developed by COPAO, that program shall remain as the property of COPAO regardless of the affiliation of the officer or member in charge of the implementation of the program. If the program is developed by an officer, member or member organization in collaboration with COPAO, and with COPAO as the fiscal agent, that program shall remain as the property of the officer, member or member organization. If requested by either party, the arrangement shall be formalized through a written memorandum of agreement between COPAO and the officer, member or member organization. 4. Dues: a. The membership dues for organizations and members -at -large shall be set by the Board of Directors b. Honorary members are exempt from the payment of dues. Section C. Resignation of Members 1. Any Officer, Director, member or member organization may resign by submitting a letter of notification to the Board of Directors for appropriate action. 2. Any individual or member organization that resigns shall not be relieved of the obligation to pay dues, assessments, or any other financial responsibilities, which may have been accrued before or during resignation. Section D. Termination of Membership - Membership may be terminated by the Board of Directors only for cause, and after due process, in accordance with the provisions of Robert's Rules of Order (Article XIII - Legal Rights of Assemblies and Trial of their Members) and the Manual of Rules and Procedures. Expulsion, Suspension and Removal - Any Officer, Director or member of COPAO may be expelled, suspended or removed from office for grave misconduct, dereliction of duties and responsibilities, non -participation in this organization's events for a period of at least six months, or willful violation of the Bylaws, by two-thirds (2/3) vote of the quorum of the Board of Directors during a special meeting called for that purpose. Notice of the meeting and the charges against the accused Officer, Director or member shall be given to the Board of Directors and the accused individual/organization at least fifteen (15) calendar days before the meeting. 1. Removal for Absenteeism - Any Officer or Director may be removed for absenteeism by a majority vote of the quorum of the Board of Directors after four (4) documented and unexcused absences, as specified in the Manual of Rules and Procedures. Section E. Reinstatement - A former member or member organization may be reinstated by filing a written request addressed to the Board of Directors, provided it meets all the requirements for membership. Section F. Non -Liability of Members - Non -liability of officers, directors, members and member organizations for the debts and obligations incurred by this organization shall be in accordance with the applicable provisions of the California Corporation Code. Section G. Conflict of Interest - Whenever an officer or council member has a financial or personal interest in any matter coming before the Board of Directors, the affected person shall a) fully disclose the nature of the interest and b) withdraw from voting on the matter. Any transaction or vote involving a potential conflict of interest shall be approved only when a majority of disinterested members determine that it is in the best interest of COPAO to do so. The minutes of meetings at which such votes are taken shall record such disclosure, abstention and rationale for approval. Article V.BOARD OF DIRECTORS Section A. Composition - The Board of Directors shall be composed of the President, three (3) Vice Presidents, a Secretary, a Treasurer, an Auditor, a Sergeant -at -Arms, and not more than twenty (20) Directors, elected at -large by the membership Section B. Functions 1. The Board of Directors of COPAO is both the administrative and the legislative body of COPAO. All activities and affairs of COPAO shall be conducted and all corporate powers shall be exercised by or under the direction of the Board of Directors. a. Administrative Functions (1) Formulate administrative policies and guidelines for the smooth functioning of COPAO. (2) Exercise control, supervision, and management of COPAO and all its assets. (3) Prepare and approve the annual budget. (4) Oversee the disbursement of funds. b. Legislative Functions (1) Enact and prescribe rules and regulations. 2. Delegation of Authority — The Board of Directors may delegate the management of any activity to committees, boards or individuals, provided that all activities and affairs shall be managed and all corporate powers shall be exercised under the ultimate direction of the Board of Directors. Section C. Terms of Office 1. The Officers and Directors shall serve for a term of two (2) years, commencing January 1st of the year following their election. However, in the election of December 2008 only, the ten (10) Directors elected with the highest number of votes shall serve a term of two years, while the next ten (10) shall serve a term of one year. 2. Officers and Directors are eligible for re-election. However, no officer shall serve more than three (3) consecutive two-year terms in the same office. Article VI. OFFICERS Section A: Powers, Duties and Responsibilities of the Officers 1. The President is the Chief Executive Officer (CEO) and shall: a. Supervise and oversee the Executive Director and COPAO's programs b. Preside over the meetings of the Board of Directors and shall only vote in case of a tie. c. Sign all papers and documents relative to any official function as approved by the Board of Directors. d. Be the primary spokesperson of COPAO and represent it at all functions. He/she shall designate the Executive Director or an appropriate member of the Board of Directors to take his/her place when needed. e. Serve as ex-officio member of all boards and standing and special committees. f. Exercise the power to veto any legislative or administrative action of the Board of Directors. Such veto can only be overridden by the two-thirds (2/3) vote of the Board of Directors. g. Designate any individual to a specific task. Such designation shall be reported to the Board of Directors at its next regular meeting. h. Exercise such other powers as prescribed in the Bylaws. 2. The Executive Vice President is the Executive Officer (EO) of COPAO and shall: a. Assume the powers and duties of the President in his/her absence, or in case of illness or disability. b. Coordinate the activities of the Membership and Awards, Bylaws and Rules, and the Nominations and Elections Committees, and the activities of the Community Liaison Officers. 3. The Vice President for Finance is the Chief Financial Officer (CFO) of COPAO, and shall: a. Coordinate the activities of the Committees on Finance and Budget, and Ways and Means, including the activities of the Treasurer, Auditor of the Board and any Auditor retained by COPAO, and submit a written report to the President at the end of each quarter. b. Ensure that a proper financial audit of COPAO is conducted, in accordance with these Bylaws. c. Submit required financial statements to local, state and federal agencies. d. At the end of each quarter, submit a written progress report to the President on matters such as budget, grants and other financial activities of the organization 4. The Vice President for Operations is the Chief Operations Officer (COO) of COPAO, and shall: a. Coordinate all social, cultural, recreational and sporting events. b. Coordinate the activities of the Programs and Projects, Public Relations, and Youth Leadership Development Committees. c. At the end of each quarter, submit a written progress reports to the CFO on matters such as projects, services and other activities undertaken. 5. The Secretary shall: a. Record the proceedings of all meetings. b. Assist the president in preparing the agenda for Board meetings. c. Maintain a current register of officers and members. d. Compile, maintain and preserve all minutes, documents and correspondence. e. Be responsible for all COPAO correspondence, and assist in the preparation and mailing of newsletters/notices to the officers, members, and the member organizations. 6. The Treasurer shall: a. Keep and maintain accurate accounts of all receipts, disbursements, capital, liabilities, and surplus, and all properties. b. Receive and deposit all monies and other valuables in the name of COPAO in a depository or accredited banking facility designated by the Board of Directors. c. Prepare the financial records for audit. d. Submit an audited financial statement to the Board of Directors, monthly, annually, and upon relief. e. Perform other duties in accordance with the financial guidelines under Article X of these Bylaws and those approved by the Board of Directors and recorded in the Manual of Rules and Procedures (MRP). 6. The Auditor shall: a. Audit all the books of accounts periodically and as required by the Board of Directors. b. Conduct a quarterly and annual audit of the financial statements prepared by the Treasurer. c. Together with the Treasurer and the Chairperson of the Committee on Property Management, take an annual inventory of all properties, supplies and other assets owned by COPAO. d. At the first regular meeting in January of each year, submit to the Board of Directors a written annual inventory report, signed jointly with the Treasurer, the Chairperson of the Committee on Property Management, and the Vice President for Finance. 7. The Sergeant -at -Arms shall: a. Enforce compliance with all rules and regulations at all meetings and assemblies, under the direction of the Presiding Office. b. Arrange the meeting room before the meeting begins. c. Ensure that meetings start on time. d. Collect ballots and tally votes whenever secret ballot voting is done, except at the biennial election, where the Nominations and Elections Committee takes charge. e. Greet members and guests and take charge of sitting arrangements. f. Record the attendance of members at meetings; the forms for this purpose shall be provided by the Secretary. Article VII. ELECTION OF OFFICERS AND DIRECTORS Section A. The Officers and Directors shall be elected by the general membership through secret ballot and in accordance with these Bylaws and the Manual of Rules and Procedures for a term of two (2) years, except as provided in Article V, Section C.1 of these Bylaws. Section B. Each member organization, represented by its president or his/her designee and one other representative, shall be entitled to cast two (2) votes for each elective position during the election of officers and directors. Member organizations with limited voting rights may not vote during elections. Section C. All elected Officers and Directors shall assume their respective offices effective the first day of the month following the election. Section D. Candidates for any position on the Board of Directors must be bona fide members of member organizations which have voting rights, as specified in Article IV, Section B. No more than two (2) members per organization may run for office at the same time. Likewise, no more than one (1) member of an immediate family (i.e., spouse or domestic partner, child, sibling, parent, grandparent, or grandchild) may run for any position in the Board of Directors at the same time. The qualifications of candidates for any position on the Board may be established by the Committee on Nominations and Elections, subject to the approval of the Board of Directors. Section E. Members -at -Large and Honorary Members are not eligible to run for office or to vote for any elective positions. Section F. The election of Officers shall be held on the Second Monday of December of every even -numbered year at a time and place designated by the Board of Directors. With the exception of the elections in December 2008, Directors shall be elected annually on the Second Monday of December. Section G. The rules and procedures for the election of officers shall be determined by the Board of Directors and embodied in the Manual of Rules and Procedures. Article VIII. EXECUTIVE DIRECTOR Section A. Under the direction of the President, the Executive Director shall be the chief administrative officer of the Association and shall serve at the discretion of the Board of Directors. Section B. The Board of Directors shall determine the duties, compensation and tenure of the Executive Director Section C. The Executive Director shall attend all meetings of the Board of Directors; however, he/she shall have no power to vote. Article IX. VACANCY Section A. If the Office of the President is vacated or the President is unable to perform his/her duties, one of the Vice Presidents, in the following order: Executive Vice President, Vice President for Finance, and Vice President for Operations, will assume the duties of the President until the next election. If all of the Vice Presidents are unable to assume the duties and responsibilities of President, the Board of Directors will appoint an interim President, who will serve the remainder of the original term. Section B. If a vacancy exists among the other elected officers, the President will appoint a qualified Director to fill the vacancy, subject to the approval of the Board of Directors. The appointee will serve the remainder of the term of the vacated office. Section C. If a vacancy exists among the Directors, it shall be filled from the candidate(s) with the next highest number of votes during the most recently conducted elections. If no such candidates are eligible or willing to serve, the President will appoint a qualified individual from a COPAO Member Organization to fill the vacancy, subject to the approval of the Board of Directors. The new Director will serve the remainder of the term of the vacated position. Article X. MANAGEMENT OF FINANCES Section A. The fiscal year of this organization shall begin on the first day of January and end on the last day of December in each year. Section B. All financial transactions of this organization shall be conducted in accordance with generally accepted fiscal principles and practices to ensure that all revenues and expenditures are authorized and accounted for, and all financial obligations are paid in a timely manner. Section C. All monies and valuables of COPAO shall be deposited in the name of COPAO in an accredited banking facility designated by the Board of Directors. Funds shall be divided into a General Fund for the regular administrative and operating expenses of COPAO, and a Special Fund for such purposes as shall be designated by the Board of Directors. Section D. The authorized signatories for General Fund account bank drafts are the President, Executive Vice -President, Treasurer, and Vice President for Finance. All check disbursements for General Funds authorized by the Board of Directors shall be co -signed by at least two (2) of four (4) signatories, which must include the President or the Executive Vice President and the Treasurer or the Vice President for Finance. Section E. The authorized signatories for Special Fund account bank drafts are the President, Executive Vice President, Treasurer, and Vice President for Finance. All check disbursements for Special Funds authorized by the Board of Directors shall be countersigned by at least three (3) of four (4) signatories, which must include the President and the Executive Vice President; and the Treasurer or the Vice President for Finance. 1. In the event of the prolonged absence of any one of the authorized signatories for Special Account bank drafts, the Board of Directors may, by resolution, authorize one of its members to countersign for a specifically designated transaction only. Article Xl. MEETINGS Section A. Regular Meeting - The regular meeting of the Board of Directors shall be held every first Monday of the month at such time and place designated by the President. If the regular meeting cannot be held on that day, the President may set another day as an alternate day for that month only. Section B. Special Meetings - The President may call an emergency or special meeting by a written or electronic notice specifying the time, place, date, and subject matter(s) to be transacted. Notice shall be given to all concerned at least four (4) calendar days prior to the meeting. Section C. Quorum - One third (1/3) of the members of the Board of Directors, present and eligible to vote shall constitute a quorum for the transaction of any business. Every decision shall be valid as a corporate act by a majority of the quorum duly assembled at these meetings, except as otherwise provided in these bylaws. Section D. Rules of Order - At all meetings of the Board of Directors and its boards and committees, Robert's Rules of Order (latest edition) shall be the applicable authority on matters of parliamentary procedure to the extent that they are consistent with these Bylaws, the Articles of Incorporation, or applicable law. Article XII. BOARD OF ADVISERS Section A. A Board of Advisers consisting of not more than seven (7) members, including the Chair, is hereby established. Section B. Members of the Board of Advisers shall be appointed by the Executive Council. However, the immediate past president of COPAO shall serve as Chair of the Board of Advisers. In the event that he/she is not available, the members of the Board of Advisers shall elect one among themselves to serve as their Chairperson. Article XIII. COMMITTEES Section A. Standing Committees — COPAO shall have ten (10) standing committees as listed below. The President shall appoint the Chairpersons of the committees, subject to the approval of the Board of Directors. 1. Bylaws and Rules Committee 2. Ethics and Grievance Committee 3. Finance and Budget Committee 4. Membership and Awards Committee 5. Nominations and Elections Committee 6. Programs and Projects Committee 7. Property Management Committee 8. Public Relations Committee 9. Ways and Means Committee 10. Youth Leadership Development Committee Section B. Special Committees - Special committees may be created by the Board of Directors from time to time as needed, and they shall serve until the completion of their specified task(s), after which the committee(s) shall be automatically discharged. Their chairs shall be appointed by the President. Section C: Responsibilities of Committees - General, specific, and special duties and responsibilities of Committees and Chairpersons shall be incorporated in the Manual of Rules and Procedures. Article XIV. MANUAL OF RULES AND PROCEDURES (MRP) Section A. A Manual of Rules and Procedures (MRP) may supplement these Bylaws and provide guidelines to assist the Board of Directors in the implementation and interpretation of these Bylaws. The MRP, as proposed by the Bylaws and Rules Committee, may be adopted and/or revised by a 2/3 vote of the quorum at a special meeting of the Board of Directors called for the purpose following a 15-calendar day notification to the members. Section B. These Bylaws shall take precedence over the Manual of Rules and Procedures, should any conflicts or inconsistencies arise between the two documents. Article XV. MAINTENANCE OF RECORDS Section A. The Board of Directors shall keep at its principal office the original of the Bylaws; MRP; books and records of accounts; minutes of its Board and committee meetings; incorporation papers and other official documents and records of its activities and contributors. All records shall be made available to the Board of Directors and members for review at all reasonable times during office hours. Section B. Requests for any record must be in writing and must indicate the reason for the request. The cost for reproducing any records may be charged to the requesting individual/agency. Section C. All other requests, except by the government and its agencies, shall be referred to the Board of Directors for action. Article XVI. INDEMNIFICATION OF OFFICERS AND MEMBERS Every Officer, Director and member of COPAO shall be indemnified against all expenses reasonably and legitimately incurred in the performance of his/her duties. The right to indemnification shall be in addition to and not exclusive of all other rights to which an officer or member may be entitled. Article XVII. AMENDMENTS OF BYLAWS S, ARTICLES OF INCORPORATION Section A. Amendments proposed by the Bylaws and Rules Committee may be adopted and/or revised by a 2/3 vote of the quorum of the Board of Directors at a meeting called for this purpose, following a notification and the provision of the proposed amendments to the members of the Board of Directors no less than 30 calendar days prior to the meeting. Section B. The Bylaws and Rules Committee shall be composed of no less than five (5) members, at least one (1) of whom is not a Member of the Board of Directors. The latter may be a member or non-member of COPAO. Section C. The Articles of Incorporation may likewise be amended or repealed. Copies of amendments or changes shall be forwarded to the Secretary of State of the State of California. Section D. Effective Date. The amended Bylaws and/or Articles of Incorporation shall take effect upon adoption. Article XVIII. DISSOLUTION Section A. Upon the written agreement of a majority of the member organizations, the Council of Philippine American Organizations of San Diego County, Inc. will be dissolved. Section B. No Officer, Director or member shall be entitled to share in the distribution or receive any of the corporate assets upon dissolution. Section C. Any COPAO assets remaining after payment of outstanding obligations shall be distributed in accordance with the Articles of Incorporation of this organization. Bylaws of COPAO — Amended and Ratified on December 5, 2000 Amended and Ratified on November 1, 2004 Amended and Ratified on April 10, 2006 Amended and Ratified on October 7, 2008 EXHIBIT D TECHNICAL ASSISTANCE MATERIALS The Sub -recipient 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 (updated format) 4. A Comprehensive Compliance and Performance Monitoring Checklist 5. Expenditure Reimbursement Claim Form (updated format) 6. Qualifying Beneficiary Intake Data Form (updated format) 7. Sample Sub -recipient Agreement and Exhibits (Scope of Services, Budget, Board of Directors and By-laws, Affirmative Action Policy and Insurance Requirements) The workshop and reference documents will assist the Sub -recipient to understand U.S Department of Housing and Urban Development and City of National City rules, regulations, and reporting requirements. The Grantee also reviewed CDBG regulations under Title 24 and the CDBG webpage on the HUD website: http://www.hud.gov/offices/cpd/communitydevelopment/programs/entitlement EXHIBIT E AFFIRMATIVE ACTION POLICY 1. Provision of Program Services a. SUB -RECIPIENT shall not, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG funds. b. SUB -RECIPIENT shall not under any program or activity funded in whole or in part with CDBG funds, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap: 1) Deny any facilities, services, financial aid or other benefits provided under the program or activity; or 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 Requirements jtE.9?171- CERTIFICATE OF LIABILITY INSURANCE OP ID LS DATE(MM/DD/YYYY) 05/10/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Springbrook Insurance Agency 12975 Brookprinter P1 Ste 120 Poway CA 92064-8894 Phone:858-391-3001 Fax:858-391-3010 wNIAC# NAME: PHOFAX A/C, No, Ext): (NC, No): ADDARESS: PRODUCER CUSTOMER ID#: COUNC-1 INSURER(S) AFFORDING COVERAGE NAICit INSURED Council of Philippine American Organizations of -San Diego P. 0. Box 1504 National City CA 91951 INSURER A: Travelers Property casualty 25674 INSURERB: INSURER C: INSURERD: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWRHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AULJL INSR SOB WVO POLICY NUMBER POLICY EI-I- (MM/DD/YYYY) POLB� RCP-" (MMIOD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL X LIABILITY OCCUR X X660406X2933TCT10 ' 04/10/10 04/10/11 EACH OCCURRENCE $ 1000000 PREMISES (Eatoccurrence) $100000 CLAIMS -MADE MEDEXP(Any one person) $ 5000 PERSONAL &ADV INJURY $ 1000000 GENERAL AGGREGATE $ 3000000 GEN'L AGGREGATE LIMIT APPLIES 7 POLICY -7i-toT `' I JE PER: LOC PRODUCTS - COMP/OP AGG $ 3000000 $ A A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X X660406X2933TIL10 04/10/10 04/10/11 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ UMBRELLA LIAR _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ EXCESS L1AB AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIV OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS Y/ N l 1 N / A 1 WC STATU- OTH- I TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYEE $ below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES Attach ACORD 101, Additional Remarks Schedule, if more space is required) City- of National City, its elected officials, officers, agents and employees are named as additional insured. CERTIFICATE HOLDER CANCELLATION CITYOFN City of National City Risk Management Attn: Vianey Rolon 1243 National City Boulevard National City CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/09) ©1988-2009 ACORD D CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: X660406X2933TCT10 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Council of Philippine -American COMPANY: St. Paul Travelers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHARITY FIRST -AMENDMENT OF COVERAGE - WHO IS AN INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization (Additional Insured): City of National City Risk Management 1243 National City Boulevard National City, CA 91950 Designation of Premises (Part Leased to You) WHO IS AN INSURED (Section II) is amended to include as an insured: a. Your members and volunteers but only with respect to their liability for your activities or activities they perform on your behalf; b. Your trustees or members of the board of governors while acting within the scope of their duties as such on your behalf; and c. Person(s) or organization(s), whether or not shown in the Schedule above, but only with respect to their liability arising out of: 1. Their financial control over you; 2. Their requirements for certain performance placed upon you, as a non-profit organization, in consideration for funding or financial contributions you receive from them; 3. The ownership, maintenance or use of that part of a premises leased to you; or 4. "Your work" for that insured by or for you. As respects Part C.3. above, this insurance does not apply to: a. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s); or b. Any "occurrence" which takes place after you cease to be a tenant in that premises. GN01880196 CALLFORIVIA N TTQ) . CI ,..„( rtPOR KC Ell City of National City (To be submitted only when there are no employees subject to Workers' Compensation) DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO: (Company Name)- 725 Cal t/ co e7 For the purpose of inducing the City of National City to go forward with any contracts award to c----1 CT, (company name), I declare as follows: (name) ,6-4.% (title), am an indep ndent contractor for the purposes of the California Workers' Compensation and Labor laws. 1 will hire no employees other than my parents, spouse, or children for work required for any bid or contract awarded to my company. All work required will be performed personally and solely by me, my parents, spouse, or children. If, however, I shall ever be required to hire employees or Subcontractors to perform this contract, I shall obtain Workers' Compensation Insurance and/or provide proof of Workers' Compensation Insurance coverage to the City of National City. This document constitutes a declaration by me against my financial interest, relative to any claims I should assert under the California Workers' Compensation and/or Labor lawslainst the City of National City relating to any bid or contract awarded •( DP1 C CD r�z¢ C) (company name). will defend, indemnify, and hold harmless the City of National City, its officers and employees, from any and all claims and liability, including Workers' Compensation claims and liability that may be asserted or established by any party in the event I hire an employee in violation of this addendum, and I will further indemnify the City of National City, its officers and employees, for all damages the City thereby suffers. I agree that these declarations shall constitute an addendum to any bid awarded to: P4 (company name). Dated: `/ , 20 ( . . 6 7,tr- 24 �-. cAuEORxia ^a N ATT ()NAL CiTy RPORATO City of National City (To be submitted only when there are no employees subject to Workers' Compensation) DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO: ,7121 r6vv. ! cI'l G ,-1 (Company Name) For the purpose of inducing the City of National City to go forward with any contracts awarded to Q%%7C G d's✓Sr7 C77 'A _ (company name), I declare as follows: I, C,-49wJ O (.2 az (name) , Cc?Ye-7W /c...-7724`C)z)Ititle), am an independent contractor for the purposes of the California Workers' Compensation and Labor laws. I will hire no employees other than my parents, spouse, or children for work required for any bid or contract awarded to my company. All work required will be performed personally and solely by me, my parents, spouse, or children. If, however, I shall ever be required to hire employees or Subcontractors to perform this contract, I shall obtain Workers' Compensation Insurance and/or provide proof of Workers' Compensation Insurance coverage to the City of National City. This document constitutes a declaration by me against my financial interest, relative to any claims I should assert under the California Workers' Compensation and/or Labor laws against the City of National City relating to any bid or contract awarded 7/77c c v 5/72 �C/70A-1 C (company name). I will defend, indemnify, and hold harmless the City of National City, its officers and employees, from any and all claims and liability, including Workers' Compensation claims and liability that may be asserted or established by any party in the event I hire an employee in violation of this addendum, and I will further indemnify the City of National City, its officers and employees, for all damages the City thereby suffers. I agree that these declarations shall constitute an addendum to any bid awarded to: 1!9/77, CO�S�7'�rGI7Otii (company name). 6)/r7G Co .vslic/7D Dated: S /si , 20 / U. (Company) By: & (%�►J----���-1 (Signature of Authorized Representative) CAL. 715 cpv G uz r � (Name and Title) C ,ela2 24 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYYI 06/16/2010 PRODUCER INSURED Mainline Insurance Services, Inc. P.O. Box 120640 Chula Vista (888)467-6612 Orlando Cruz OMC CONSTRUCTION 8 Valve Ave. National City CA 91912 CA 91950- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Navigators Insurance Company INSURER B: Sup` Insurance INSURER C: INSURER D: NAIC # INSURER E. v THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 1 TR AMYL IN 'n TVPF no INCIIRANCF POUCY NUMBER POLICY EFFECTIVE POLICY EXPIRATION nATF IM1n/YYYYI n4TF (NMmnVl nVV M/I LIMITS A GENERAL LIABILITY 04-10117769 06/09/2010 06/09/2011 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000 PREMISES (Fa occurrence)- _ MED EXP (Any one person) CLAIMS MADE X I OCCUR $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LyAGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $ 1.000,000 PRO- LOC POLICY H AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) A ANY AUTO.. ALL OWNED AUTOS � BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY (Per accident) $ N NONAWNEO AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC. $ Il AUTO ONLY: AGO $ EXCESS/ UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ r IOCCUR I CLAIMS MADE E DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION 3232142P100208-001 02/08/2010 02/08/2011 X WC TrIRY ATU-IMITO H AND EMPLOYERS' LIABILITY YI/ 1,000,000 � ANY PROPRIETOR/PARTNER/EXECUTNE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? I 1,000,000 (Mandatory In NH) E.L. DISEASE- EA EMPLOYEE $ Hoes, deacnbe under 1,000,000 SPECIAI PROVISIONS bebw E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS 10 DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM. CERTIFICATE HOLDER ADDED AS ADDITIONAL INSURED IN RESPECTS TO GENERAL LIABILITY. ENDORSEMENT FORTHCOMING FROM INSURANCE COMPANY. The City of National City, it's elected officials, officers, agentsand employees. CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd National City CA 91950- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE "::. ACORD 25 (2009101) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) BLANKET ADDITIONAL INSUREDS - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy Number: 04-10117769 Endorsement Effective: 6/11/2010 Named Insured: ORLANDO CRUZ DBA: OMC CONSTRUCTION Countersigned By: �p �J'l.[.'3.14. SCHEDULE Name of Person or Organization: THE CITY OF NATIONAL CITY: THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES. COPAO BUILDING RENOVATION PROJECT 1243 NATIONAL CITY BLVD NATIONAL CITY, CA, 91950 Location: 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA, 92950 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section 1I — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The words "you" and "your" refer to the Named Insured shown in the Declarations. D. "Your work means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. ANF- ES 043 (5/2006) RESOLUTION 2009 — 87 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMITTAL OF THE 2009/2010 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAMS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) WHEREAS, as an entitlement community, the City of National City administers the Community Development Block Grant (CDBG) and the Home Investment Partnership Act (HOME) Program for the Federal Government under the United States Department of Housing and Urban Development (HUD); and WHEREAS, HUD requires that all CDBG and HOME Program entitlement communities, such as the City of National City, hold Public Hearings to solicit input on a the Annual Action Plan; and WHEREAS, the City Council of the City of National City conducted a duly advertised public hearing on January 20, 2009; March 3, 2009; March 17, 2009; and April 21, 2009; and WHEREAS, the Annual Action Plan addresses the housing and community development needs assessed in the City's 5-Year Consolidated Plan for FY's 2005-06 through 2009-10, adopted by the City Council in May 2005. The Annual Action Plan, attached hereto as Exhibit "A," includes a listing of projects/activities to be undertaken in Fiscal Year 2009-2010 utilizing CDBG and HOME funds; and WHEREAS, HUD has not released the final formula annual allocation and an estimate for the total allocation is used to calculate funding allocations for both the CDBG and HOME programs based on information provided by the National Association of Housing and Redevelopment Officials. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby approves and authorizes the submission of the FY 2008-2009 Annual Action Plan for the expenditure of said funds to the U.S. Department of Housing and Urban Development (HUD). BE IT FURTHER RESOLVED, that the City of National City will adjust the grant amounts once the final formula allocation is released by HUD as follows: A. If the final allocation is greater than the estimated amount for the CDBG and HOME Programs, then all activities will share a proportional increase in funding with the exception of Activity No. 8 Fire Apparatus Lease Payment No. 5 of 5, which will remain as stated as it is a fixed payment amount. B. If the final allocation is less than the estimated amount for the CDBG and HOME Programs, then all activities will share a proportional decrease in funding with the exception of Activity No. 8 Fire Apparatus Lease Payment No. 5 of 5 and any activity at or below $20,000 for which the funding will remain as stated. Resolution No. 2009 — 87 Page 2 April 21, 2009 In the event a change in funding, whether an increase or decrease, is greater than 5% the allocation will be brought forth to the City Council for review. PASSED and ADOPTED this 21 st day of April, 2009. on Morrison, Mayor ATTEST: /I Mi ael R. Dalla / ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FISCAL YEAR 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM (Page 1 of 2) FY 2009- 2010 CDBG ESTIMATED PROGRAM ENTITLEMENT $1,107,495 AGENCY NAME ACTIVITY NAME NUMBER TO BENEFIT FROM THE ACTIVITY CDBG FUNDING REQUEST PUBLIC SERVICE ACTIVITIES 1 City of National City - Public Library National City Public Library Literacy Services 220 Individuals $47,250 2 City of National City - Community Services Department At Risk Youth After -school Program "Supreme Teens" 100 Individuals $20,000 3 City of National City - Community Services Department Tiny Tots 30 Individuals $29,337 4 City of National City - Police Department Homeless Outreach Program and Enforcement 250 Individuals $41,537 5 PASACAT The Philippines Through Music and Dance 2,755 Individuals $10,000 6 South Bay Community Services National City Police Department Juvenile Diversion Program 55 Individuals $10,000 7 Trauma Intervention Programs of San Diego County, Inc. Crisis Intervention Team 799 Households $8,000 TOTAL FOR PUBLIC SERVICE ACTIVITIES 166,124 PRIOR YEAR COMMITMENTS TO PHYSICAL IMPROVEMENT ACTIVITIES Public Facility Improvement Activities 8 City of National City - Fire Department Fire Apparatus Lease Payment 5 of 5 1 Fire Apparatus / Equipment $84,906 TOTAL PRIOR YEAR COMMITMENTS $84,906 PHYSICAL IMPROVEMENT ACTIVITIES Rehabilitation and Repair Activities 9 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 $15,000 13 City of National City - Engineering Department Soccer Field Public Infrastructure Improvements $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 NUMBER TO BENEFIT FROM THE ACTIVITY CDBG FUNDING REQUEST Public Infrastructure Improvement Activities 14 City of National City - Engineering Department Miscellaneous Concrete Improvements Public Infrastructure Improvements $100,000 15 City of National City - Engineering Department Miscellaneous Storm Drain Improvements Public Infrastructure Improvements $125,500 16 City of National City - Engineering Department ADA Master Plan Public Infrastructure Improvements $140,000 TOTAL NEW PHYSICAL IMPROVEMENT ACTIVITIES $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 1 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 S360,000 2 City of National City - Community Development Department Rehabilitation Program 8 Households $124,387 3 City of National City - Community Development Department Community Housing Development Organization Set - Aside n/a $96,878 4 City of National City - Community Development Department HOME Program Administration n/a $64,585 TOTAL HOME ACTIVITIES AND ADMINISTRATION $645,850 Resolution No. 2009-87 Page 3 of 3 EXHIBIT "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 April 21, 2009. lt! City Qlerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT `..MEETING DATE April 21, 2009 AGENDA ITEM NO. 22 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FISCAL YEAR (FY) 2009-2010 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS PREPARED BY Carlos Aguirre lk (Ext. 4391) DEPARTMENT Community Development Dep. Housing and Grants Division EXPLANATION Upon the conclusion of Public Hearing No.4, the City Council will consider the adoption of the attached resolution approving the FY 2009-2010 Annual Action Plan. The Annual Action Plan (AAP) addresses the housing and community development needs assessed in the City's 5-Year Consolidated Plan for FY's 2005-06 through 2009-10, adopted by the City Council in May 2005. The AAP includes a listing of all proposed projects/activities to be undertaken in FY 2008- 2009 (July 1, 2008 - June 30, 2009) utilizing CDBG and HOME program funding. Environmental Review NiN/A Financial Statement • Approved By L` i°r Finance Direct r The estimated amount of funding available for FY 2009-2010 for each program is as follows: Community Development Block Grant - $1,107,495 Account No. $01-0000-344€ Horne Investment Partnership Program - $645,850 res-ooe�- 7,4113 STAFF RECOMMENDATION Adopt attached resolution. BOARD/COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS ( Listed Below) Resolution No. 7 Attachment 1: Summary of FY 2009-2010 CDBG and HOME Program Funding Recommendations A-200 (9/99) 1p July 12, 2010 Ms. Marita Ferrer Council of Philippine American Organizations 832 E Avenue National City, CA 91950 Dear Ms. Ferrer, OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax On July 8th, 2010, a Subrecipient Agreement was entered between the City of National City and Council of Philippine American Organizations of San Diego County, Inc. We are enclosing for your records a fully executed original agreement. Sincerely, Esther Clemente Deputy City Clerk Enclosure cc: Housing & Grants Dept.