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HomeMy WebLinkAbout2010 CON Fair Housing Council of San Diego - CDBG 10-11 Sub-RecipientSUBRECIPIENT AGREEMENT By and Between the City of National City and The Fair Housing Council of San Diego for Fair Housing and Tenant -Landlord Education Service THIS AGREEMENT, entered this 1 1114' day of AO c)f ld, 2010 by and between the City of National City (herein called the "Grantee") and The Fair Housing Council of San Diego (herein called the "Subrecipient.") WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; SCOPE OF SERVICE A. Activities: The Subrecipient will be responsible for administering the program titled, Fair Housing and Tenant -Landlord Education Service in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include activities eligible under the Community Development Block Grant (CDBG) program, as specified in Exhibit A, attached and incorporated herein. B. National Obiectives: All activities funded with CDGB funds must meet one of the CDBG program's National Objectives: benefit low- and moderate -income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet the National Objective of benefiting low- and moderate -income persons. C. Levels of Accomplishment — Goals and Performance Measures: The levels of accomplishment may include such measures as units rehabilitated, persons or households assisted, or meals served, and should include periods for performance. Refer to Exhibit A for levels of program services. D. Staffing: Subrecipient shall be responsible for staff and time to be allocated to each activity, as set forth in Exhibit A, attached hereto and incorporated herein. E. Performance Monitoring: The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE Services of the Subrecipient shall start on the 1st day of July, 2010 and end on the 30th day of June of 2011 in the case of Public Services and in the case of Capital Improvements end on June 30, 2012. 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 t of 14 IV. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed Thirty Eight Thousand Dollars ($38,000.00). 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: Grantee Subred#plent Contact Person: Carlos Aguirre Contact Person: Mary Scott Knoll Organization: City of National City Organization: The Fair Housing Council of San Diego Address: 1243 National City Boulevard National City, CA 91950-4301 Address: 625 Broadway Ste. 1114 San Diego, Ca 92101 Telephone: (619) 336-4391 Telephone: 619-699-5888 ext. 203 Email: caguirre@nationalcityca.gov Email: msk@fhcsd.com VI. GENERAL CONDITIONS A. General Compliance: The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. "Independent Contractor": Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. C. Hold Harmless: The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. Subrecipient Agreement Page 2 of 14 D. Workers' Compensation: The Subrecipient shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the Grantee and its elected officials, officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the Grantee or its elected officials, officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the Grantee under this Agreement. Insurance & Bonding: The Subrecipient, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies attached as Exhibit F: ❑ 1. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 2. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). 3. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. 4. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of subrecipient's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the Grantee. Said endorsement shall be provided prior to commencement of work under this Agreement. 5. The aforesaid policies shall constitute primary insurance as to the Grantee, its officers and employees, so that any other policies held by the Grantee shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the Grantee of cancellation or material change. 6. Said policies, except for the professional liability and workers' compensation policies, shall name the Grantee and its elected officials, officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. 7. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the Subrecipient shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 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 Bests Key Rating Guide, or a company equal financial stability that is approved by the National City Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 10. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City Risk Manager. If the Subrecipient does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the Grantee may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 11. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the Grantee. The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall Subrecipient Agreement Page 3 of 14 purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantee Recognition: The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments: The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient. H. Suspension or Termination: In accordance with 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 Subrecipient 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 Subrecipient has violated the terms and conditions of this Agreement, the Subrecipient may be required to: 1. Repay all monies received from the Grantee under this Agreement; and/or 2. Transfer possession of all materials and equipment purchased with grant money to the Grantee. In the case of early termination, a final payment may be made to the SUB -RECIPIENT upon receipt of a Final Report and invoices covering eligible costs incurred prior to termination. The total of all payments, including the final payment, shall not exceed the amount specified in this Agreement. I. Termination for Convenience: In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Sub -recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. Grantee and sub -recipient agree to provide written Subrecipient Agreement Page 4 of 14 notice to the other party thirty (30) days prior to the effective date of any termination, in whole or part, for convenience. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards: The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles: The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keening 1. Records to be Maintained: The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention: The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four- year period, whichever occurs later. 3. Client Data: The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 4. Disclosure: The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by the State and for Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs: The Subrecipient's obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining Subrecipient Agreement Page 5 of 14 the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits & Inspections: All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and OMB Circular A-133. 7. Additional Documentation: Subrecipient agrees to provide a list of its Board of Directors, By -Laws, Exhibit "C", and any additional documents, as required in Exhibit "D," "E," and "F" attached and incorporated herein. C. Reporting and Payment Procedures 1. Program Income: The Subrecipient shall report quarterly all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Grantee at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. 2. Indirect Costs: If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 3. Payment Procedures: The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient. 4. Progress Reports: The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee. D. Procurement: 1. Compliance: The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non - expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement. 2. OMB Standards: Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. Subrecipient Agreement Page 6 of 14 3. Travel: The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets: The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement [or such longer period of time as the Grantee deems appropriate]. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the Grantee deems appropriate]. 3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. VIII. RELOCATION. REAL PROPERTY ACOUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. [The Grantee may preempt the optional policies.] The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG- assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. IX. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance: The Subrecipient agrees to comply with local and state civil rights ordinances here and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 2. Nondiscrimination: The Subrecipient agrees to comply with the non- discrimination in employment and contracting opportunities laws, regulations, and Subrecipient Agreement Page 7 of 14 executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 4. Land Covenants: This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504: The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action 1. Approved Plan: The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds, consistent with the policy in Exhibit "E", attached hereto and incorporated herein. 2. Women- and Minority -Owned Businesses (W/MBE): The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records: The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications: The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Eaual Employment Opportunity and Affirmative Action (EEO/AA1 Statement: The Subrecipient will, in all solicitations or advertisements for Subrecipient Agreement Page 8of14 employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions: The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity: The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards: The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance: Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of Subrecipient Agreement Page 9 of 14 the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications: The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts: The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability: The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts: a. Approvals: The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. b. Monitoring: The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient Agreement Page 10 of 14 c. Content: The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process: The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. 3. Hatch Act: The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest: The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. 5. Lobbying: The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and Subrecipient Agreement Page 1 i of l cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying Certification: This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright: If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Activities: The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. X. ENVIRONMENTAL CONDITIONS A. Air and Water: The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: • Clean Air Act, 42 U.S.C. , 7401, et seq.; • Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; • Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection: In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint: The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation: The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. Subrecipient Agreement Page 12of14 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 riot 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 13of14 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 ROVED AS TO FORM Claudia G. S City Attorne ATTEST Micha€l Della City Clerk The Fair Housing Council of San Diego Mary Sc Executiv noll ector Subrecipient Agreeulent Palle 1 1 of 14 Exhibit A Scope of Services CITY OF NATIONAL CITY -FAIR HOUSING & TENANT EDUCATION SERVICES Provided By FAIR HOUSING COUNCIL OF SAN DIEGO SCOPE OF SERVICES FYJULY2010-JUNE2011 BACKGROUND The publication of the new Consolidated Submission, regulations for Community Planning and Development programs, dated January 5, 1995, set forth significant new program requirements with regard to the long-standing obligation of entitlement communities under Section 808 (e)(5) of the Fair Housing Act to "affirmatively further fair housing." Entitlement localities such as the City of National City (Grantee or City) who seek funds through the Consolidated Submission Procedure are now required to certify that the city will engage in fair housing planning, namely: (I) conduct, at the beginning of each five-year cycle, an analysis of impediments to fair housing choice; (2) carry out actions to overcome the effects of identified impediments; and (3) maintain records and make available information and reports including the analysis of impediments to document actions undertaken to eliminate identified impediments. U.S. Department of Housing and Urban Development (HUD) - Technical Advisory Letter- July 11, 1995. (Advisory) Each analysis of impediments should be a comprehensive review of policies, procedures, and practices within the jurisdiction that affect the location, availability and accessibility of housing and the current residential patterns and conditions related to fair housing ichoice. INTRODUCTION The Fair Housing Council of San Diego (FI-ICSD/Contractor) will continue service delivery under its existing menu of comprehensive fair housing services as outlined herein. All activities are designed to support the jurisdiction's ongoing fair housing planning process and the implementation of recommendations as outlined in its Analysis of the Impediments to Fair Housing under the Regional AI -October 2000 and later updated AI publications Funds Allocation in the amount to $31000 will be utilized to cover the cost of personnel and operational costs in support of the services outlined below. Such costs include but are not limited to: staff salary & benefits and operational costs of rent, telephone, training programs; printing and reproduction cost, and all others as outlined in the budget that is forwarded under separate cover. PRIMARY SERVICE COMPONENTS • Advocacy- Serve as the community voice for fair housing compliance in National City. • Public Outreach and Education -General Programs: Operate telephone hotline for quick response to public inquiry; Conduct community presentations; Distribute written information • Public Outreach and Education —Special Programs: Present Laws and Litigation Conference, UNITYFest as National Fair Housing Month Celebration where supported through additional contract funding garnered from corporate donations • Technical Training Programs -General Programs: Operate hotline and field questions for members of the property owner/manager, lender and insurance industries; register and participate at industry expos through booths and displays; Write educational articles for area industry publications; others • Technical Training- Special Programs: Offer California Department of Rea] Estate Approved/Three Hour- Fair Housing course for CLE credit where supported through private industry funding; • Housing Discrimination Complaint Processing: Screen for jurisdictional questions; intake, investigate, 1 Fair housing in this context is used to describe the act of discrimination based upon race, color, national origin, religion, sex/gender, familial status (presence of children) or disability/other state -law prohibitions in the housing rental, sales, insurance and property insurance marketplace(s) 1 and complete enforcement referrals for bona -fide housing discrimination complaints; • Housing Discrimination Monitoring for Fair Housing Compliance Monitor every phase of housing transactions including but not limited to: Advertising; appraisals; brokerage services; multiple listing services; Internet transactions; mortgage lending; property insurance; hate crimes in housing; and housing rentallsales for measuring levels of legal compliance. • Discrimination Research- Participate in local, regional and national (HUD funded) housing discrimination audits and other studies where funded in non -program specific funds or additional contractual funds • Collaborative and Coalition Building; Create associations, coalitions and collaborations for more effective use of local and regional funding and other resources; Work with and through the National City Collaborative SECONDARY SERVICE COMPONENT • Tenant -Landlord Outreach, Educational and Limited Mediation Services- Plan and implement a National City Component under the Tenant -Landlord Educational Services Programs of the FHCSD as set forth below Other Services. • Provide consultative and supportive services for the City of National City in support of its; (a) housing program operations and housing development projects; and (b) completion of the City's Housing Element, Consolidated Plan, CAPER and other reports as requested. PRIMARY SERVICE COMPONENTS (Measurable Outcomes & Evaluation in Bold Print) A. ADVOCACY GOALS- To serve as the community voice for promoting fair housing consumer/owner rights and responsibilities and advocating for community wide implementation and adaptation of anti -housing discrimination strategies in National City such as housing mobility counseling; de -concentration programs; (Section 8); anti -hate crimes in housing and other programs consistent with fair housing principals) To advocate for: (a) the removal of all barriers associated with achieving individual, family and "protected class" fair housing rights including: accessibility for persons with disabilities; housing access, and equal housing opportunity for all persons; (b) balancing the fair housing rights of seniors with those of families with children and (c) collaborations to increase effectiveness of local funding resources To provide educational information, when needed, as a backdrop to legislative or local ordinance proposals To foster positive real estate practices which will promote equal housing opportunity in the region OBJECTIVE (S) To raise the awareness of the general community and other important stakeholders who will influence the outcome of fair housing and related housing goals; cause reduction in number of incidences of unlawful housing practices ACTIVITIES AND METHODOLOGY: • Offer informational support on appropriate settings such as public events, focus groups and gatherings or before government funding entities to improve public understanding about the requirements and benefits of fair housing to the advertising, building, housing, lending and property insurance professions as well as to individual and families in National City. This advocacy will serve to foster ongoing adaptation of fair housing practices into market practices over time. (Primary base for advocacy will be through regular attendance at meetings of the National City Collaborative; Minimum of four (4) documented advocacy activities before city council meetings; city planning meetings; community based agencies/other appropriate meetings) • Communicate with local government officials or their designated housing staff to update each on the state of 2 fair housing in their jurisdiction, the city and the region (on annual basis mail State of Fair Housing/other information to City council members; meet with same where scheduling p permits) • Collaborate with Legal Aid Society, Human Relations Commission, Regional Center for Developmental Disabled and other state & national groups to conduct special fair housing workshops, seminars and symposia and housing discrimination research projects (Collaborate with school programs to outreach to Parent Teacher Associations) EXPECTED OUTCOME (S) • Through effective advocacy, a more open and inclusive housing marketplace will emerge where all qualified home seekers will have equal opportunity and access to achieve their housing needs and goals. Outcomes can be measured in informal ways through anecdotal accounts and also in periodic housing surveys or audits, where funded. Periodic audits would produce more formal and scientifically reliable data. • Achievement of fair housing goals will become more pronounced and greater buy -in will occur over time from key business, political/government and community perspectives • Housing providers should realize a fair or greater share of the diverse housing applicant pool when fair housing practices are the norm of the marketplace B. PUBLIC OUTREACH AND EDUCATION -General Programs GOALS- To foster promote and increase consumer/home seeker, provider/homeowner and property manager awareness of fair housing rights and responsibilities in the housing rental, sales, lending and property insurance marketplace(s); to broaden the base of community fair housing knowledge towards the end of greater understanding of and compliance with fair housing laws. OBJECTIVES -To plan, coordinate, implement and evaluate outreach and educational activities, which are designed to impart information about all aspects of fair housing laws. ACTIVITIES AND METHODOLOGY - (Measurable Evaluation Outcomes in Bold Lettering) • Conduct outreach (at meetings, gatherings, through mail) to provider, consumer, and community based organization and government groups to continuously develop and respond to presentation requests. (Ongoing outreach ad placement in region wide distribution of PennySaver) • Operate daily telephone hotline service as a quick response to inquiries from the public about: their civil/fair housing rights and responsibilities; whether their landlord -tenant issue rises to the level of a housing discrimination complaint; provider responsibilities under fair housing laws; available options for resolution where a discrimination allegation is verified; and other questions requiring outside referrals are received. (Daily) • Prepare and distribute multi-lingual and diverse printed materials concerning fair housing laws, rights and responsibilities, including materials in Spanish, Tagalog, Chinese, Filipino, Hmong, Lao, Samoan, and African languages. (a) During this fiscal year, review all materials to determine which written materials need to be developed and/or revised. This year will focus on thc dissemination and development of materials which reflect the fair housing rights of women, family's w/children; persons with disabilities, the imrnigrant population, persons with different sexual orientations and sources of income ( Use materials to complete 12 Monthly Mail Campaigns) • Prepare and utilize radio/TV public service announcements as part of ongoing education campaign; Distribute training video featuring Congresswoman Loretta Sanchez to Community Based Organizations (Distribute eight videos to targeted conununity agencies in National City) • Collaborate and coordinate with major social service/community based organization to conduct fair housing events; will work with agencies like Access Center, Pan Asian Lawyers, and members of the National City Collaborative.(Conduct Minimum of fifteen 15 fair housing presentations during contract period) 3 • and documents including pertinent laws, regulations, treatises, etc. (Monthly) • Achieve media coverage to highlight the myriad issues falling under fair housing laws coverage including the current "hot" of emerging topics of predatory lending, hate crimes and intra-group housing discrimination (Two articles per year in local publications for broad readership; also utilize Spanish language press for placing educational ads and other fair housing information ) • Present one (1) workshop or community agency site visit per quarter (4x) for targeted populations in the area(s) of familial status (discrimination based on the presence of children), gender disparities in housing and housing discrimination ou the basis of physical and mental disabilities and hate crimes in housing, et al. (1 Per Quarter) • Conduct mail out -campaigns in conjunction with special recognition day(s) for all protected classes (i.e. Hispanic Heritage/Women History month; Gay Pride Month and Asian History celebrations to disseminate written information and/or flyers (Monthly) B (1) PUBLIC OUTREACH AND EDUCATION -Special Programs • Conduct UNITYFest as major fair housing event to combat hate crimes in housing during April, National Fair Housing Month. ( Advertise in south bay areas; recruit participants from sane- Annual) • Complete "Tips for Tenants and Future Homebuyers" program during Hispanic Heritage Month (Annual) • Create innovative programs to keep messages of anti -bias and prejudice prevention, the infrastructure of housing discrimination, before the public (Annual) • Work with local Spanish TV stations to complete special interviews , call -in programs and others for public education (Three in contract period) EXPECTED OUTCOME (S) • Increased awareness among the community in general about fair housing rights and responsibilities • An increase in the number of informed, bona -fide housing discrimination complaints filed • Less public confusion about the differences between landlord -tenant and housing discrimination laws and how they apply • More self -advocacy and less dependency on public agencies • More general compliance with fair housing laws in the region • Fewer segregated neighborhoods over the long term, which in turn will impact quality of educational opportunities access to transportation and jobs C. TECHNICAL ASSISTANCE AND INDUSTRY PROFESSIONAL TRAINING —General Programs GOALS: To help real estate, property managers, lenders and property industry professionals achieve increased levels of voluntary compliance with fair housing requirements; assist to provide them with preventive measures designed to decrease their zone of potential liability for housing discrimination complaints being leveled against them. OBJECTIVES: Staff will plan, coordinate, implement and evaluate workshops, seminars, presentations and educational opportunities for housing providers. ACTIVITIES AND METHODOLOGY- (Measurable Evaluation an Outcomes in Bold Lettering) • Conduct telephone hotline services in response to owner/manager inquiries regarding technical compliance 4 with required fair housing business procedures and practices. (Daily) • Assist with the preparation and implementation of the jurisdiction's fair housing plan (per AI) under auspices of the City of National City's Consolidated Plan and Analysis of Impediments to Fair Housing. (Ongoing) • Continue offerings of Depai latent of Real Estate accredited training seminar on fair housing for property management companies/owners. (As requested) • Prepare and disseminate printed materials for members of the housing industry. ( For Educational purposes, mail HUD's Design and Construction Requirements to targeted/ covered housing and developer agencies doing business in the City of National City during contract period) • Continue annual participation in area trade shows such as the Apartment Associations Expo and the San Diego area Home Buyer Fair(s) • Utilize print media to support owners and managers(Cause to be printed one media article and one article for submission to the San Diego Apartment Owners Association for publication and use by National City real estate professionals during contract period) C. (1) TECHNICAL ASSISTANCE AND INDUSTRY PROFESSIONAL TRAINING —Special Programs ACTIVITIES AND METHODOLOGY (Measurable Evaluation and Outcomes in Bold Lettering) • Conduct major training conference for attorneys and advocates/others-Fair Housing Laws and Litigation Conference Series (Annual). • Provide fair housing information or fair housing compliance review, upon request, to all concerned entities/organizations and/or government/political decision makers about the fair housing requirements as promulgated by the U. S. Department of Housing and Urban Development (HUD) or other special housing programs in the City of National City) (As needed or requested by City of National City Departments, or Personnel, to insure compliance with fair housing laws) EXPECTED OUTCOME (S) • An increased awareness about the fair housing responsibilities of property owners who are in the rental housing business • An increased willingness among property owners to operate their business in accordance with fair housing laws • A decrease in the incidence of non -compliant behaviors in the housing markets • A decrease in the numbers of discriminatory home mortgage loan rejections to qualified minority homebuyers • A decrease in the numbers of qualified home purchase applicants who are referred to the sub -prime markets • An increase in the incidence of voluntary and self -training among industry professionals and associations D. FAIR HOUSING RIGHTS ENFORCEMENT GOALS: To provide and facilitate, access to enforcement assistance where bona -fide complaint of fair housing is received and verified through the FIICSD intake process in accordance with HUD enforcement requirements OBJECTIVES: • Staff will receive (intake), investigate (test where appropriate), process and resolve (educate of refer) bona fide fair housing discrimination complaint. 5 PROCESS: Where discrimination has been alleged, but there is no current verifying or corroborating documentation to support an enforcement agency complaint referral, the Complainant is counseled and educated about the issues of: fair housing; the distinction between tenant -landlord issues, housing discrimination and affordable housing issues. Conversely, when substantive corroborating witnesses or verifying evidence supports the complaint, intake is completed, investigation or testing is completed and a plan of enforcement referral action, on a complaint -by -complaint basis is formulated and implemented. ACTIVITIES AND METHODOLOGY (Measurable Evaluation Outcomes in Bold Lettering) • Receive and process all discrimination complaints as alleged by the complainant. (Daily) • Conduct investigative activities designed to provide supporting evidence in connection with bona -fide complaint of housing discrimination. (Daily) • For Administrative Case filings, conduct other research and related complaint intake investigation on a case -by -case basis, including but not limited to; ➢ Interview prospective complainant on telephone and in -office or on site ➢ Conduct title search to create owner/prospective respondent profile ➢ Locate and interview witnesses ➢ Create complaint file ➢ Remain in contact with complainant throughout intake and investigate process which enjoys a one year statute of limitations window of filing opportunity and up to two years in federal courts ➢ Write letters attempting to conciliate and resolve the complaint. ➢ Make telephone calls to the prospective respondent to discuss case ➢ Interact with attorneys hired by prospective respondents • For Court filings in federal court, conduct all of the above and further activities for federal and state court litigation including but not limited to: ➢ Conduct Depositions and be Deposed ➢ Prepare paperwork for court filings ➢ Attend settlement conferences ➢ Negotiate Settlements • Provide conciliation services as a means of resolution to complaints or refer to an enforcement entity ➢ Write letter to prospective respondent ➢ Set dates times place for conciliations; ➢ Conduct Conciliation hearings with all parties; conduct some as telephone conciliations ➢ Set terms of conciliation agreements in writing with copies to all parties • Prepare paperwork to refer meritorious cases to an enforcement resource such as the California State Department of Fair Employment and housing (DFEH), HUD or a private attorney for further enforcement assistance; • Work with referral entity to provide back-up support based upon prior involvement of the FHCSD in the investigation • Conduct case management and follow-up activities where appropriate. (Ongoing) • As part of conciliation component activities, provide technical information regarding the Federal Fair Housing Act/other state laws for complainants/respondents in alleged discrimination compliant matters • Conduct complaints- based tests and audits as funding permits EXPECTED OUTCOME (S) • An increase in the number of bona -fide complaints, which are, processed by the FHCSD staff • An increase in the number of cases which are refereed to the DFEH, an attorney, U. S. Department of Justice or HLJD • An increase in the levels of fair housing compliance in the jurisdiction • Screening for -meritorious cases for other appropriate referrals 6 E. HOUSING DISCRIMINATION MONITORING Goal- To monitor in areas that do not necessarily involve an individual complainant but which nevertheless, have fair housing (discrimination) implications as identified below Objective- Staff will engage in compliance monitoring in the areas listed below Activities and Methodology > Monitor Advertising through review and auditing of print ads (Periodically ) > Look into appraisal market activities for signs of non-compliance (Periodically ) > Examine brokerage services; multiple listing services ( Periodically ) > Monitor Internet transactions (Ongoing) > Monitor mortgage lending patterns for compliance ( Periodically ) ➢ Monitor property insurance markets for sign of non-compliance ( Periodically ) > Monitor for incidence of hate crimes in housing rentallsales ( Ongoing ) F. DISCRIMINATION RESEARCH- GOAL- To engage in activities that sill uncover systemic discrimination through studies such as those conducted by the U. S. Department of Housing and Urban Development OBJECTIVES -Staff will continue as HUD contractor for audit studies as requested ACTIVITIES AND METHODOLOGY- > As contracted, conduct housing discrimination audits and studies G. COLLABORATIVE AND COALITION BUILDING ON REGIONAL BASIS GOAL- To continue to build greater recognition of the principals and ideals regional collaboration in support of fair housing goals achievement in the National City and in the greater San Diego region OBJECTIVES -Staff will collaborate and build cross referral relationships with other fair housing and other related industries to support a strategy to approach the solutions to housing discrimination in the region on a more rational regional basis. ACTIVITIES AND METHODOLOGY > Work with the local office of HUD to create working relationships among all fair housing service providers and other related entities on a regional basis EXPECTED OUTCOMES- For Monitoring, Research and Collaborations Long-range achievement of diverse housing neighborhoods resulting from an increase in the ability of all persons to rent in any neighborhood in National City and the greater conununity GOAL (S)/ACTIVITIES Provide a quarterly report of staff activities and progress achieved under the FHCSD's strategic operations plan and the approved Scope of Work and related Fair Housing Action Plan for the City of National City. All reports are compiled in accordance with required reporting categories under fair housing program operations and in accordance with the requirements of the U. S. Department of Housing and Urban Development. SECONDARY SERVICE COMPONENT -TENANT -LANDLORD EDUCATIONAL SERVICES The FHCSD will provide educational services to the residents of National City under the operations of the FHCSD's Tenant -Landlord Services Coalition (TLSC). The caller will be asked to state the nature and type of problem they are experiencing. GOAL- To provide educational support as opposed to telephone counseling (a problem where all of the facts not known) that will improve the low level of understanding that tenants tend to have about their tenant rights and responsibilities. OBJECTIVE -To Increase the level of community knowledge about California's Tenant -Landlord Laws and their operations ACTIVITIES AND METHODOLOTY (Measurable Evaluation and Outcomes in Bold Lettering) • Provide response for a void that now exist between the provision of legal and mediation services and the absence of educational services in the tenant -landlord realm; • Provide a source of no -cost educational services, which will help tenants become more self -advocating and learned about preserving heir current tenancy. In turn, they can become preventive, to avoid the development of more difficult and devastating problems such as homelessness, overcrowded conditions and family stress; • Provide cost effective, unduplicated services which can be linked to the City's current continuum of housing discrimination services • Make services available on the local and community -based level through a network of community based agencies and libraries • Create a library or clearinghouse of written materials which are pertinent to tenant -landlord issue(s) and which will be available to the public for dissemination. The resource information, in English/Spanish or other appropriate languages where available, will provide an educational reference for current and future use. Landlord -Tenant Mediation Services For some select cases, FHCSD para-professionals or attomeys will provide telephone or in -person mediation services which focus upon bringing solutions to tenant -landlord problems and disputes. This mediation service will be preventive in nature and will be provided as a means of preventing evictions, overcrowding, loss of housing opportunity and property deterioration from lack of substantial repair. Mediation services will be provided through the FHCSD's Para -professional or attorney staff who is also trained mediators. Other mediation services or trained community based agencies may also be utilized. The criteria for determining when, where and under what circumstances a matter will be mediated follow. • Avoidable evictions (not involving unlawful detainers) • Issues impacting 30% or more of the residents of the community • Repairs involving code violations • Retaliatory evictions (not requiring lawyer resources) • Matters which involve updating or educating owners who are unaware of legal requirements or recent new law(s) • Minor lease violations which can be cured • Facilitation of requests for reasonable accommodations and modifications for disabled tenants (a housing discrimination cross -over) • Facilitation of move in and out inspections in relationship to return of security deposits • Issues involving language barriers 8 EXHIBIT B BUDGET Agency Name: The Fair Housing Council of San Diego Activity Name: Fair Housing and Tenant -Landlord Education Service Description CDBG BUDGET OTHER RESOURCES TOTAL BUDGET 1) Personnel (Direct labor) Executive Director 22,640.00 22,640.00 Outreach/Education & Discrimination Specialist 4,368.00 4,368.00 Admin Support 2,808.00 2,808.00 2) Fringe Benefits 4,498.00 4,498.00 .. _.._...... 3) Travel 4) Operating Costs Rent/Lease 2,692.00 2,692.00 Insurance 1,000.00 1,000.00 5) Sub Total for Direct Costs 6) Indirect Costs (Overhead) TOTAL $ 38,000 $ - 1 $ 38,000 Exhibit C Board of Directors By -Laws Confidential Board Roster of The Fair Housing Council of San Diego Adriana Sanchez Aldana Sweetwater Union High School 312 E. Vaquero Court Chula Vista, CA 91910 619 691-5680 adriana.sanchez0aldana@suhsd.k12.ca.us Stacy Everson Seeds Educational Services 2707 Congress, Suite 1R San Diego, CA 92110 619 299-3161 stacy@seedseducation.org Jeffrey Jackson BenSara Enterprises 999 Surrey Drive Bonita, CA 91902 (619) 250-7326 (619) 475-8573 vlac@cox.net Judith -Gall Green (Interim President) Neighborhood House Head Start 7262 Peter Pan Avenue San Diego, CA 92114 Business Phone: (619) 263-7761 x107 Fax: (619) 263-6398 Cell: (619) 264-4222 Brenda Mason Mason Paralegal Services 121 Broadway, Suite 317 San Diego, Ca 92101 951 699-6594 Masonparalegal@vahoo.com Michael Campobasso Job Corps 1325 Iris Avenue Imperial Beach CA 92118 619 429-8500 michaeicampobasso@jobcorps.org Nikki Love Associate Director of Career Services Thomas Jefferson Law School 2121 San Diego Avenue San Diego CA 92110 619 297-9700 nlove@tjlaw.edu Ted Graham One Source Realty 760 471-0869 760 822-2413 cell onerealtvsolution@yahoo.com Brian Mason Mason Paralegal Services 121 Broadway, Suite 317 San Diego, CA 92101 619 237-6058 masonparalegal@vahoo.com Barbara Fielding Fielding Group 264-0075 bvfieldinggroup{a7aol.com K THE FAIR HOUSING COUNCIL OF SAN DIEGO INC. A California Nonprofit Public Benefit Corporation AMENDED AND RESTATED BYLAWS ARTICLE I Section 1.1. Name. The name of this Corporation is "THE FAIR HOUSING COUNCIL OF SAN DIEGO, INC." ARTICLE II Section 2.1. Principal Office. The principal office for the transaction of the activities and affairs of the Corporation is located at 625 Broadway, Suite 704, San Diego, CA 92101-5418. Section 2.2. Other Offices. The Board of Directors of THE FAIR HOUSING COUNCIL OF SAN DIEGO, INC. (The "Board") may at any time establish branch or subordinate offices at any place or places where the Corporation is qualified to conduct its activities. ARTICLE III Section 3.1. Objectives and Purposes. This Corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for charitable purposes. The purpose of this Corporation is to actively support and encourage freedom of residency in the City and County of San Diego in accordance with the laws of the State of California and the United States which afford all persons the opportunity to secure the housing they desire and can afford; to lessen neighborhood tensions; — to reduce prejudice and discrimination in housing and mortgage lending; to defend human and civil rights; and to promote fair housing laws. Section 3.2. Section 501(c)(3) Limitations. Such purposes for which this Corporation is organized are exclusively educational within the meaning and contemplation of Section 501(c)(c) of the Internal Revenue Code of 1986, as amended. ARTICLE 1V Section 4.1. Nonpartisan Activities. This Corporation has been formed under the California Nonprofit Public Benefit Corporation Law for the public purposes described above, and it shall be nonprofit and nonpartisan. No substantial part of the activities of the Corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate or intervene in (including publishing or disseminating statements) any political campaign on behalf of any candidate for public office. The Corporation shall not, except in an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the purposes described above. ARTICLE V Section 5.1. Dedication of Assets. The properties and assets of this nonprofit corporation are irrevocably dedicated to charitable purposes. No part of the net earnings, properties, or assets of this Corporation, on dissolution or otherwise, shall inure to the benefit of any private person or individual, or any director of this Corporation. On liquidation or dissolution, after paying or adequately providing for the debts and obligations of the Corporation, all remaining properties and assets shall be distributed and paid over to a non-profit fund, foundation or corporation which is organized and operated exclusively for educational purposes, provided that the organization -continues its tax-exempt status under Section 501(a)(3) of the Internal Revenue Code of 1986 (and which is qualified for exemption from taxation under Section 23701d of the California Revenue and Taxation Code). ARTICLE VI Section 6.1. Members prohibited. The Corporation shall not have members. Section 6.2. Effect of Prohibition. Any action which would otherwise require approval by a majority of all members or approval by the members shall require only approval of the Board by majority vote or as otherwise provided herein or by applicable law. Section 6.3. Associates. Nothing in this Article VI shall be construed as limiting the right of the Corporation to refer to persons associated with it as "members" even though such persons are not members, and no such reference shall constitute anyone a member, within the meaning of Section 5056 of the California Nonprofit Corporation Law. The Corporation may confer by amendment of its Articles or of these Bylaws some or all of the rights of a member, as set forth in the California Nonprofit Corporation law, upon any person or persons who do not have the right to vote for the election of directors or on a disposition of substantially all of the assets of the corporation or on a merger or on a dissolution or on changes of the Corporation's Articles or Bylaws or for the selection of delegates who possess any of the preceding voting rights, but no such person shall be a member within the meaning of said Section 5056. Ucci sf bylws.11796 2 ARTICLE VII Section 7.1. General Corporate Powers. Subject to the provisions and limitations of the California Nonprofit Public Benefit Corporation Law and any other applicable laws, and subject to any limitations of the Articles of Incorporation or Bylaws, the Corporation's activities and affairs shall be managed, and all corporate powers shall be exercised, by or under the direction of the Board. The Board may delegate the management of the activities of the Corporation to any person or persons, or committees however composed, provided that the activities and affairs of the Corporation shall be managed and all corporate powers shall be exercised under the ultimate direction of the Board. Section 7.2. Specific Powers. Without prejudice to such general powers set forth above, but subject to the same limitations, it is hereby expressly declared that the Board shall have the following powers in addition to the other powers enumerated in these Bylaws: 7.2.1. To select and remove officers, agents, and employees of the Corporation; prescribe powers and duties for them as may not be inconsistent with law, the Articles, or these Bylaws, and fix their compensation. 7.2.3. To conduct, manage, and control the affairs and activities of the Corporation and to make such rules and regulations therefor not inconsistent with law, the Articles or these Bylaws, as they may deem best. 7.2.4. To adopt, make and use a corporate seal and to alter the form of such seal from time to time as they deem best. 7.2.5. To borrow money and incur indebtedness for the purposes of the Corporation, and to cause to be executed and delivered therefor, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, or other evidences of debts and securities. Section 7.3. Number. The Board shall consist of at least seven (7) but no more than twenty-four (24) directors until changed by amendment to these Bylaws. The exact number of directors shall be fixed, within those limits, by a resolution adopted by the Board. Section 7.4. ()notifications. The Directors of the Corporation shall be committed to providing general support and direction for purposes listed in Section 3.2. Section 7.5. Restrictions on InterestedPersons as Directors. No person serving on the Board may be an interested person. An interested person is (a) any person compensated by the Corporation for services rendered to it within the previous twelve (12) months, whether as a full time or part time employee, independent contractor or otherwise, excluding any reasonable compensation paid to a director as a director; and (b) any brother, sister, ancestor, descendant, Utxbstlbylws.l t 796 3 spouse, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law or father-in-law of such person. However, any violation of the provisions of this paragraph shall not affect the validity or enforceability of any transaction entered into by the Corporation. Section 7.6. Election. Designation and Term of Office. At the first organizational meeting of the Board of Directors, the initial number of Directors shall be divided into two equal groups, with the term of office of one group to expire in one year and the term of office of the other group to expire in two years. Thereafter, fifty percent (50%) of the directors shall be elected annually for a two-year term to take the place of those whose terms expire. However, if any such directors are not elected at any annual meeting, they may be elected at any special members' meeting held for that purpose or by written ballot. Each such director, including a director elected to fill a vacancy or elected at a special members' meeting or by written ballot, shall hold office until expiration of the term for which elected and until a successor has been elected and qualified. Section 7.7. Vacancies. Subject to the provisions of Section 5226 of the California Nonprofit Public Benefit Corporation Law, any director may resign effective upon giving written notice to the President, or the Secretary or the Board, unless the notice specifies a later time for the effectiveness of such resignation. If the resignation is effective at a future time, a successor may be selected for such time, to take office when the resignation becomes effective. 7.7.1. Vacancies in the Board shall be filled in the same manner as the director or directors whose office is vacant was selected, provided that vacancies to be filled by election by directors may be filled by a majority of the remaining directors, although less than a quorum, or by a sole remaining director. Each director so selected shall hold office until the expiration of the term of the replaced director and until a successor has been selected and qualified. 7.7.2. A vacancy or vacancies in the Board shall be deemed to exist in case of the death, resignation or removal of any director, or if the authorized number of directors has increased. 7.73. The Board may declare vacant the office of a director who has been declared of unsound mind by a final order of Court, or convicted of a felony or found by a final order or judgment of any Court to have breached any duty arising under Article III of the California Nonprofit public Benefit Corporation Law or who has failed to attend three consecutive meetings of the Board, without good cause. 7.7.4. No reduction of the authorized number of directors shall have the effect of removing any director prior to the expiration of the director's term of office. Section 7.8. Place of Meeting. Meetings of the Board shall be held at any place within or outside the State of California that has been designated from time to time by the Board. In the absence of such designation, regular meetings shall be held at the principal office of the Corporation. 1cchsnbylws.11796 4 Section 7.9. Meetings by Telephone. Any meeting may be held by conference telephone or similar telecommunication equipment, as long as all directors participating in the meeting can hear one another and subject to the provisions of section 7.16. All such directors shall be deemed to be present in person at such a meeting. Section 7.10. Annual Meeting. The Board shall hold an annual meeting for purposes of organization, election of officers and directors, and the transaction of the business. Notice of this meeting is not required. The date, time and place of the annual meeting shall be set by Resolution of the Board between November 1 and December 31 of that year. Section 7.11. Regular Meetings. Regular meetings of the Board for any purpose or purposes may be held without notice of such time and place as the Board may fix from time to time. Section 7.12. Authority to Call Special Meetings. Special meetings of the board for any purpose may be called at any time by the President or any Vice -President, or the Secretary or any two directors. Section 7.13. Manner of Giving Notice of Special Meetings. Notice of the time and place of special meetings shall be given to each director by one of the following methods: (a) by personal delivery of written notice; (b) by first-class mail, postage prepaid, (c) by telephone, either directly to the director or to a person at the director's office who would reasonably be expected to communicate that notice promptly to the director, or (d) by telegram, charges prepaid. All such notices shall be given or sent to the director's address or telephone number as shown on the records of the corporation. Section 7.14. Time Requirements for Notice of Special Meetings. Notices sent by first- class mail shall be deposited in the United States mails at least four days before the time set for the meeting. Notices given by personal delivery, telephone, or telegraph shall be delivered, telephoned, or given to the telegraph company at least 48 hours before the time set for the meeting. Section 7.15. Notice Content. The notice shall state the time of the meeting, and the place, if the place is other than the principal office of the Corporation. It need not specify the purpose of the meeting. Section 7.16. Quorum. A majority of the elected number of directors shall constitute a quorum for the transaction of business, except to adjourn. Every action taken or decision made by _a majority of the directors present at a duly held meeting at which a quorum is present shall be the act of the Board, subject to the more stringent provisions of the California Nonprofit public Benefit Corporation Law, including, without limitation, those provisions relating to (a) approval of contracts or transactions in which a director has a direct or indirect material financial interest, (b) approval of certain transactions between corporations having common directorships, c) creation of and appointment to committees of the Board, and (d) indemnification of directors. A meeting at which a quorum is initially present may continue to transact business, despite the withdrawal of directors, 1lcchstlbylws.11796 5 if any action taken or decision made is approved by at least a majority of the required quorum of that meeting. Section 7.17. Waiver of Notice. Notice of a meeting need not be given to any director, who, either before or after the meeting, signs a Waiver of Notice, a written consent to the holding of the meeting, or an approval of the minutes of the meeting. The waiver of notice or consent need not specify the purpose of the meeting. All such waivers, consents and approval shall be filed with the corporate records or made a part of the minutes of the meeting. Notice of a meeting need not be given to any director who attends the meeting and does not protest, before or at the commencement of the meeting, the lack of notice to him or her. Section 7.18. Adjournment. A majority of the directors present, whether or not a quorum is present, may adjourn any meeting to another time and place. Notice of the time and place of holding an adjourned meeting need not be given unless the original meeting was adjourned for more than twenty-four (24) hours. If the original meeting is adjourned for more than 24 hours, notice of any adjournment to another time and place shall be given, before the time of the adjourned meeting, to the directors who were not present at the time of the adjournment. ARTICLE VIII Section 8.1. Action Without A Meeting. Any action that the Board is required or permitted to take may be taken without a meeting if all the members of the Board consent in writing to the action; provided, however, that the consent of any director who has a material financial interest in a transaction to which the Corporation is a party and who is an "interested director" as defined in Section 5233 of the California Corporations Code shall not be required for approval of that transaction. Such action by written consent shall have the same force and effect as any other validly approved action of the Board. All such consents shall be filed with the minutes of the proceedings of the Board. ARTICLE IX Section 9.1. Compensation and Reimbursement. Directors shall not receive compensation for their services as directors or officers, but shall receive such reimbursement of expenses as the Board may determine by resolution to be just and reasonable at the time that the resolution is adopted. ARTICLE X Section 10.1. Committees of the Board. The Board, by resolution adopted by a majority llcchsflbylws.1 t 796 6 of the directors then in office, provided a quorum is present, may create one or more committees, each consisting of one (1) or more directors and other persons who are not Directors, to serve at the pleasure of the Board. Appointments to committees of the Board shall be by majority vote of the directors then in office. The Board may appoint one or more directors as alternate members of any such committee, who may replace any absent member at any meeting. Any such committee, to the extent provided in the Board resolution, shall have all the authority of the Board, except that no committee, regardless of Board resolution, may: 10.1.1. Fill vacancies on the Board or any committee that has the authority of the 10.1.2. Fix compensation of the Directors for serving on the Board or on any 10.1.3. Amend or repeal Bylaws or adopt new Bylaws; 10.1.4. Amend or repeal any resolution of the Board that by its expressed terms was not so amendable or repealable; 10.1.5. Create any other committees of the Board or appoint the members of the committees of the Board; or Board; committee; 10.1.6. Approve any contract or transaction to which the Corporation is a party and in which one or more of its directors has a material financial interest, except as special approval is provided for in Section 5233(d)(3) of the California Corporations Code. Section 10.2. Meetings And Actions Of Committees. Meetings and actions of committees of the Board shall be governed by, held and taken in accordance with the provisions of these Bylaws concerning meetings and other Board actions, except that the time for regular meetings of such committees and the calling of special meetings of such committees may be determined either by Board resolution or, if there is none, by resolution of the committee of the Board. Minutes of each meeting of any committee of the Board shall be kept and shall be filed with the corporate records. The Board may adopt rules for the government of any committee, provided they are consistent with these Bylaws or, in the absence of rules adopted by the Board, the committee may adopt such rules. ARTICLE XI Section 11.1. Officers of the Corporation. The officers of the Corporation shall be a president, secretary, and treasurer. The Corporation may also have, at the Boards discretion, a one or more past presidents, one or more vice-presidents, one or more assistant secretaries, one or more assistant treasurers and such other officers as may be appointed in accordance with Section 11.03 of these Bylaws. 1.1cchstibyiws.11796 7 Section 11.2. Election Of Officers. The officers of the Corporation, except those appointed under Section 11.3 of these Bylaws, shall be elected annually by the Board at the regular annual meeting of the Board and shall serve at the pleasure of the Board, subject to the rights, if any, of any officer under any contract of employment. If the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as conveniently may be. Each officer shall hold office until his successor shall have been duly elected and shall have qualified. Section 113. Other Officers. The Board may appoint and authorize the president or other officer, to appoint any other officers that the Corporation may require. Each officer so appointed shall have the title, hold office for the period, have the authority and perform the duties specified in these Bylaws or determined by the Board. Section 11.4. Removal Of Officer. Without prejudice to any rights of an officer under any contract of employment, any officer may be removed with or without cause by the Board and also, if the officer was not chosen by the Board, by any officer on whom the Board may confer that power of removal. Section 11.5. Resignation Of Officer. Any officer may resign at any time by giving written notice to the Corporation. The resignation shall take effect as of the date the notice is received or at any later time specified in the notice and, unless otherwise specified in the notice, the resignation need not be accepted to be effective. Any resignation shall be without prejudice to the rights, if any, of the Corporation under any contract to which the officer is a party. Section 11.6. Vacancies In Office. A vacancy in any office because of death, resignation, removal, disqualification, or any other cause shall be filled in the manner prescribed in these Bylaws for regular appointments to that office, provided, however, that vacancies need not be filled on an annual basis. Section 11.7. Responsibilities Of Officers. 11.7.1. President. Subject to the control of the Board, the President shall be the principal executive officer and general manager of the Corporation and shall supervise, direct and control the Corporation's activities, affairs and officers. The President shall preside at all Board meetings. The President shall have such other powers and duties as the Board or these Bylaws may prescribe. 11.7.2. Vice -President. In the absence of the President or in the event of his inability or refusal to act, the Vice -Presidents, if any, in order of their rank as fixed by the Board or, if not ranked, a Vice -President designated by the Board, shall perform all duties of the President. When so acting, a Vice -President shall have all powers of and be subject to all restrictions on the president. The vice-president shall have such other powers and perform such other duties as the Board or these Bylaws may prescribe. ursftnynws.11796 8 11.23. Secretary. 11.23.1. Book of Minutes. The Secretary shall keep or cause to be kept, at the Corporation's principal office or such other place as the Board may direct, a book of minutes of all meetings, proceedings and actions of the Board, and of committees of the Board. The minutes of meetings shall include the time and place that the meeting was held, whether the meeting was annual, regular or special, and, if special, how authorized, the notice given and the names of those -present at Board and committee meetings. The Secretary shall keep or cause to be kept, at the principal office in California, a copy of the Articles of Incorporation and Bylaws, as amended to date. 11.2.3.2. Records. The Secretary shall keep or cause to be kept, at the Corporation's principal office or at a place determined by resolution of the Board, a record of the Corporation's Directors, showing each director's name, address and telephone number. 11.233. Notices. Seal and Other Duties. The Secretary shall give, or cause to be given, notice of all meetings of the Board and of committees of the Board required by these Bylaws to be given. The Secretary shall keep the corporate seal in safe custody and shall have such other powers and perform such other duties as the Board or these Bylaws may prescribe. 11.2.4. Treasurer. 11.2.4.1. Books of Account. The Treasurer shall keep and maintain, or cause to be kept and maintained, adequate and correct books and accounts of the Corporations properties and transactions. The Treasurer shall send or cause to be given to the directors such financial statements and reports as are required to be given by law, by these Bylaws or by the Board. The books of account shall be open to inspection by any director at all reasonable times. 11.2.4.2. Deposits and Disbursements of Money and Valuables. The Treasurer shall deposit, or cause to be deposited, all money and other valuables in the name and to the credit of the Corporation with such depositories as the Board may designate, shall disburse the Corporation's funds as the Board may order, shall render to the President and the Board, when requested, an account of all transactions as chief financial officer and of the financial condition of the Corporation, and shall have such other powers and perform such other duties as the Board or the Bylaws may prescribe. 11.2.4.3. Bond. If required by the Board, the Treasurer shall give the Corporation a bond in the amount and with the surety or sureties specified by the Board for faithful performance of the duties of the office and for restoration to the Corporation of ail its books, papers, vouchers, money and other property of every kind in the possession or under the control of the Treasurer on his or her death, resignation, retirement or removal from office. 1lcchsflbylws.11796 9 ARTICLE XII Section 12.1. Right Of Indemnity. To the fullest extent permitted by law, this Corporation shall indemnify its directors, officers, employees, and other persons described in Section 5238(a) of the California Corporations Code, including persons formerly occupying any such position, against all expenses, judgments, fines, settlements and other amounts actually and reasonably incurred by them in connection with any "proceeding" as the term is used in that section, and including an action by or in the right of the Corporation, by reason of the fact that the person is or was a person described in that section. "Expenses," as used in these Bylaws, shall have the same meaning as in Section 5238(a) of the California Corporations Code. Section 12.2. Approval Of Indemnity. On written request to the Board by any person seeking indemnification under Section 5238(b) or Section 5238(c) of the California Corporations Code, the Board shall promptly determine under Section 5238(e) of the California Corporations Code whether the applicable standard of conduct set forth in Section 5238(b) or Section 5238(c) has been met, and if so, the Board shall authorize indemnification. Section 12.3. Advancement Of Expenses. To the fullest extent permitted by law and except as otherwise determined by the Board in a specific instance, expenses incurred by a person seeking indemnification under Sections 12.01 and 12.02 of these Bylaws in defending any proceeding covered by those Sections shall be advanced by the Corporation for final disposition of the proceeding, on receipt by the Corporation of an undertaking by or on behalf of that person that the advance will be repaid unless it is ultimately determined that the person is entitled to be indemnified by the Corporation for those expenses. ARTICLE XIII Section 13.1. Insurance. The Corporation shall have the right to purchase and maintain insurance to fullest extent permitted by law on behalf of its officers, directors, employees and other agents, against any liability asserted against or incurred by any officer, director, employee or agent in such capacity or arising out of the officer's, director's, employee's or agent's status as such. ARTICLE XIV Section 14.1. Contracts. The Board may authorize any officer or officers, agent or agents of the Corporation, in addition to the officers so authorized by these By-laws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances. Section 14.2. Checks. Drafts, Etc. All checks, drafts or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Corporation, shall be signed by Ucchsftbyiws.11796 10 such officer or officers, agent or agents of the Corporation and in such manner as shall from time to time be determined by resolution of the Board. In the absence of such determination by the Board, such instruments shall be signed by the Treasurer or an Assistant Treasurer and countersigned by the President or a Vice -President of the Corporation. Section 143. Deposits. All funds of the Corporation shall be deposited from time to time to the credit of the Corporation in such banks, trust companies or other depositaries as the Board may select. Section 14.4. Gifts. The Board may accept on behalf of the Corporation any contribution, gift, bequest or devise for the general purposes or for any special purpose of the Corporation. Section 14.5. Limitation on Authority to Expend Funds/Execute Contracts. No director or officer shall obligate the corporation without specific authority from the Board. Attempts to obligate the corporation without such authority are void. Any note, mortgage, evidence of indebtedness, contract, share certificate, conveyance or other instrument in writing and any assignment or endorsement thereof executed or entered into between this corporation and any other person, may be signed by any person or persons and in such manner as from time to time shall be determined by the Board and, unless so authorized by the Board, no officer, agent or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit or render it liable for any purpose or amount. ARTICLE XV Section 15.1. Maintenance Of Corporate Records. The Corporation shall keep: 15.1.1. Adequate and correct books and records of account; 15.1.2. Written minutes of the proceedings of its Board, and committees of the Board; 15.1.3. A record of each Director's name, address and telephone number; 15.1.4. A copy of the Articles of Incorporation and Bylaws of the Corporation and any amendments thereto; and 15.1.5. Current copies of all insurance policies. Section 15.2. Inspection By Directors. Every director shall have the absolute right at any reasonable time to inspect the Corporation's books, records, documents of every kind, physical properties, and the records of each of its subsidiaries. The inspection may be made in person or by the director's agent or attorney. The right of inspection includes the right to copy and make extracts Ucch f\bylws.11796 11 of documents. ARTICLE XVI Section 16.1. Amendments Of Bylaws. These Bylaws may be amended by vote or written consent of the majority of the Board. Provided, however, that no new Bylaws or amended Articles shall be adopted which would cause a loss of the Corporation's nonprofit status for federal and state income tax purposes, nor any Bylaws or amended Articles be adopted which would be in substantial conflict with the goals, purposes or objectives of this Corporation. ARTICLE XVII Section 17.1. Construction and Definition. As used in these Bylaws: 17.1.1. The present tense shall include the past and future tense, and the future tense shall include the present. 17.1.2. The masculine gender shall include the feminine and neuter. 17.1.3. The singular number shall include the plural number and the plural number shall include the singular. 17.1.4. The word "shall" is mandatory and the word "may" is permissive. 17.1.5. The word "directors" and "board" as used in these Bylaws in relation to any power or duty requiring collective action, mean "Board of Directors." Ucchsflbylws.11796 17.1.6. The term "person" includes both a legal entity and a natural person. 12 EXHIBIT D TECHNICAL ASSISTANCE MATERIALS The Sub -recipient attended the Community Development Block Grant (CDBG) Technical Assistance Non -Profit Workshop held on May 26, 2010 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) 8. Orientation on meeting CDBG National Objectives 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. Subrecipient 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. Subrecipient 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. Subrecipient 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. Subrecipient, 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 Subrecipient has previously discriminated against persons on the grounds of race, religion, color, national origin, sex, sexual preference or handicap, the Subrecipient must take affirmative action to overcome the effects of prior discrimination. f. Even in the absence of such prior discrimination, a Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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. Subrecipient shall not discriminate against any employee or application for employment because of race, color, religion, sex, national origin, age, or handicap. Subrecipient 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. Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. b. Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or handicap. c. Subrecipient 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 Subrecipient'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. Subrecipient 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. Subrecipient 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 Subrecipient'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 Subrecipient may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 9• Subrecipient 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. Subrecipient 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 Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CDC, Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. h. Subrecipient 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). Subrecipient 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 Subrecipient'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 Subrecipient 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 ACORD TM CERTIFfCA. _ OF LIABILITY INSURANCE DATE (MM/DDtYYYY) 10/2912009 PRODUCER Phone: (626)815-1550 Fax (626)815-1552 CHARITY ONE INSURANCE AGENCY, INC. 680 E ALOSTA STE 104 AZUSA CA 91702 Agency Lid#: 0E81017 INSURED FAIR HOUSING COUNCIL OF SAN DIEGO 625 BROADWAY, SUITE 1114 SAN DIEGO CA 92101-5418 THIS CERTIFICATE 1S 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 BELQW, INSURERS AFFORDING COVERAGE ; INSURER A: Nonprofit Insurance Alliance of CA INSURER B: State Fund Insurance Compensation INSURER C. NAIC # INSURER D: INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INER LTR AMYL INSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE P,1WODA11 POLICY EXPIRATION DATE(MMVD+YY} LIMITS A GENERALLIABIUTY X __.. COMMERCIAL GENERAL LIABLITY .._.. CLAIMS MADE[ X1 OCCUR 2009-17054-NPO 10/17/09 10/17110 EACH OCCURRENCE 5 1,000,000 DAMAGE TO RENTED P.REMSES (Ea ocnnbce) $ 500,000 MED. EXF (Any One person) $ 20,000 GEM. —_, PERSONAL 8ADV INJURY 5 1,000,000 GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY I —I O- JECT LOC PRODUCTS-COMP/OP AGG. $ 2,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL O'NNED AUTOS SCHEDULED AUTOS HIRED AUTOS NUN -OW NEO AUTOS COMBINED SINGLE LIMIT (Ea accident) - 5 BODILY INJURY (Per person) $ BODILY INJURY (Pr accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT 5 OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS / UMBRELLA UABIUTY OCCUR CLAMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ 5 5 S B WORKERS COMPENSATION AND EMPLOYERS' UABILITY ANY PRDPR1EIORIRaHTIA:MEXECUrIA: OFFCERAEMBEREXOLUDEDT I yes. describe under SPECIAL PROVLSIONS De bw 1875092-09 10/01/09 10/01/10 TORY LIMITS : OTHER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 EL DISEASE -POLICY LIMIT $ 1,000,000 OTHER: DESCRIPTION OF OPERATIONS!LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS THE CITY OF NATIONAL CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS ARE HEREBY NAMED AS AN ADDITIONAL INSURED WITH RESPECTS TO CLAIMS ARISING OUT OF THE NAMED INSUREDS OPERATIONS. THIS INSURANCE SHALL BE PRIMARY TO THE COVERAGE OF THE CITY OF NATIONAL CITY CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY , CA 91950 Attention: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL10 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 IT'S AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE LPL c19 to A! PGrd Gr ACORD 25 (2001108) Certificate # 3494 0ACORD CORPORATION 1988 POLICY NUMBER: 2009-17054-NPO COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy, and for which a certificate of insurance naming such person or organization as additional insured has been issued, but only with respect to their liability arising out of their requirements for certain perform- ance placed upon you, as a nonprofit organization, in consideration for funding or financial contribu- tions you receive from them. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section it — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, buf only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. THE CITY OF NATIONAL CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS ARE HEREBY NAMED AS AN ADDITIONAL INSURED WITH RESPECTS TO CLAIMS ARISING OUT OF THE NAMED INSURED'S OPERATIONS. THIS INSURANCE SHALL BE PRIMARY TO THE COVERAGE OF THE CITY OF NATIONAL CITY CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 12/08/2009 17:59 FAX 2137414F AAA AUTOCLLIB Row. ACME! CERTIFICATE OF LIABILITY INSURANCE OP ID 3L FAIREOV , DATE(MM/OD/YYYY) 12/08/09 -PRODUCER Automobile Club of So. Calif P.O. Box 25443 Santa Ana CA 92799-5443 Phone:888-416-2402 Fax:213-741-3005 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERSAFFORDINGCOVERAGE NAC# INSURED The Fair Rousing Council of S.D. 625 Broadway. Suite 1114 San Diego CA 92101 INSURERA Infinity Insurance Company INSURER B': INSURER INSURERD: INSURER E. THE POLICIES OF INSURANCE LISTF.OBFLOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RECUEiEl.ENT, TERM OR CONDITION OF ANY CONTRACT CR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY aE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIEs. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INbli D'L SRC TYPE OF INSURANCE POLICY NUMBER ruLICY EFFECTIVE DATE (hA1D0/YYf POLICY EXHkAI IUHT DATE IBM/CONY) LIMITSLTR GENERAL LIABILITY COMMERCIAL GENERALjLIABILITY EACH OCCURRENCE $ DAMAbEIU HENI LU PREMISES (Ea eeeurence) $ MED EX {Any cob Paten) $ CLAIMS MADE I 1 OCCUR PERSONAL F. ADV INJURY $ GENERAL AGGREGATE S_ GEN'L AGGREGATE LIMIT APPUES PER Y I 'I JE�CT f LOC 7 POLCr PRODUCTS AGG S A X AUTOMOBILEUABILTY J X ANY ALTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.O W NED AUTOS 504610016829001 09/11/09 09/11/10 COMBINED SINGLE LIMIT (6-'o1d nL) s1,000,000 BODILY INJURY (Perpersonl $ BODILY INJURY (Per ecrJMeMt) $ PROPERTY DAMAGE (Per eaident) S GARAGE LIABILITY ANY ALTO AUTO ONLY. EA ACCIDENT $ OTHER THAN EA ACC 5 AUTO ONLY: AGG $ EXCESSNMBRELLAUABILDY OCCUR I CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE S AGGREGATE S S S $ WORKERS COMPENSATION AND EMPLOYERS. LIABILTY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N yyes, desafbeIS!0 BPECIAL PROVISIONS pplaw TORY LIIMITS) ER EL, EACH ACCIDENT S EL. DISEASE- EA EMPLOYEE $ EL. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIDNS 1 LOCATIONS I VEHICLES / EXCLUSIONS ADDED DY ENDORSEMENT I SPECIAL PROVISIONS it is agreed that The City of National City, Its elected officials, officers, agents and employees are named as Additl.enal Insured. • 10 DAY NOTICE OF CANCELLATION APPLIES ONLY FOR NON-PAYMENT OF PREMIUM I CERTIFICATE HOLDER CAN City of National City 1243 National City Boulevard National City CA 91950-4301 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DBGCRIDED POLICIES DE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER W LL ENDEAVOR 70 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 REPRESENTATWE shameka Jenkins STATE COMPENSATION INSURANCE CERTHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 FUN D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 11-16-2009 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 S0 GROUP: POLICY NUMBER: 1875092-2009 CERTIFICATE ID; 4 CERTIFICATE EXPIRES: 10-01-2010 10-01-2006/10-01-2010 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend. extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement. term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. THORiZED REPRESENTATIPRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2009-11-16 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF NATIONAL CITY ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2009 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2009-11-16 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NATIONAL CITY EMPLOYER THE FAIR HOUSING COUNCIL OF SAN DIEGO (A SD NON-PROFIT CORP) 625 BROADWAY STE 1114 SAN DIEGO CA 92101 SREV.2-05) (JFU,CS] PRINTED : 11-16-2009 SD Infinity Commercial Auto 11700 Great Oaks Way, Suite 300 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Customer Service: (800) 722-3391 ADDITIONAL NAMED INSURED ENDORSEMENT Claims Service: (800) 334-1661 Mary Knoll dba The Fair Housing Concii Of S. D. 625 Broadway Ste 1114 San Diego, CA 92101 504-61001-6829-001 09/11/2010 12:01a.m, as= Knoll, Mary This endorsement is attached to and forms a part of the fisted policy. No changes will be effective prior to the time changes are requested. drlrtiati�l I Ser City of National City Part A - Liability Coverage, is changed as follows: The definition of insured is changed to include the additional insured named above. Adding an insured will not increase the limit of our liability. The insurance provided by this endorsement will be excess over any other valid and collectible insurance. All other parts of this Policy remain unchanged. INSURED COPY Form 50461AIS01 AMEND DATE: 11/12/2009 ENDORSEMENT: 1-4 RESOLUTION 2010 — 88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE REALLOCATION OF $236,080 IN UNEXPENDED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ENTITLEMENT FUNDS, AND AUTHORIZING THE SUBMISSION OF THE 2010/2015 FIVE YEAR CONSOLIDATED PLAN AND THE 2010/2011 ANNUAL ACTION PLAN TO THE UNITED STATES 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 Partnerships 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 at least two Public Hearings and a 30-day public comment period to solicit input on the draft Five -Year Consolidated Plan, Annual Action Plan, and for the reallocation of entitlement funds; and WHEREAS, the City Council of the City of National City conducted a duly advertised public hearing on March 16, 2010 and May 4, 2010 to receive input from the public; and WHEREAS, the City placed the draft Five Year Consolidated Plan, the Annual Action Plan, and the intent to reallocate CDBG funds for a duly advertised 30-day public comment period on the City's website and in various City locations from March 29, 2010 to April 28, 2010; and WHEREAS, the City will incorporate any comment received during the 30-day public comment period in the final submission of said Plans; and WHEREAS, staff recommends the reallocation of unused CDBG funds, attached hereto as Exhibit "A," to supplement the funding of CDBG and HOME Program activities listed in the FY 2010-2011 Annual Action Plan, attached hereto as Exhibit "B;" and WHEREAS, the FY 2011-2015 Five -Year Consolidated Plan outlines the City's housing and non -housing community development needs and priorities over the next five years; and WHEREAS, the Annual Action Plan for FY 2010-2011 outlines how the City of National City plans to expend $1,188,660 in CDBG, and $636,617 in HOME Program funds to meet the needs and priorities established in the Five -Year Consolidated Plan; and WHEREAS, in accordance with the federal regulations at 24 CFR, Part 91, the City of National City is required to prepare and submit a Five -Year Consolidated Plan and Annual Action Plan for its Housing and Community Development Programs. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby authorizes the reallocation of $236,080 in CBDG funds toward activities included in the FY 2010-2011 Annual Action Plan. Resolution No. 2010 — 88 Page 2 BE IT FURTHER RESOLVED, that the City Council of the City of National City authorizes the submission of FY 2011-2015 Five Year Consolidated Plan and the FY 2010-2011 Annual Action Plan for the expenditure of said funds to the U.S. Department of Housing and Urban Development (HUD). PASSED and ADOPTED this 4th day of Icy, 2010. Ron Morrison, Mayor ATTEST: ri 2LLr Mich e1 R. Dalla CityCl erk APPROVED AS TO FORM: 7) George H. iser, III City Attorney Exhibit A Final Reallocation to FY2010-2011 from Previous Year CDBG Activities HUD IDIS Fiscal Activity Year Number Activity Name 2000.302-Reinstallation of •Sreet. Lig hts- 2001 335 Reinstallation of Sreet Lights* 2004 446 Code Enforcement Pilot Program 2004 489 Street Lights 2005 497 Fire Apparatus -Radios arid Equipment 2007 538 National City Library Literacy Services 2007 540 "nginSpeetion•Progratn- • 2007 541 Code Enforcement -_:21:1972i.::E!!!'E-::.544:1VliscellanecfttS-:StOt_rit:DrairlArtlprovernents 2007 545 Beck Fire Truck 2007 548 fescue qupment 2008 554 Neighborhood Councils Program 2008 558 Tiny Tots 2008 566 Seagraves Fire Truck -Fifth Payment 2009 583 Community Food Bank- Walk in Cooler TOTAL AMOUNT FOR REALLOCATION FOR FISCAL YEAR Total Funded 50,000.00 50111011001 25,000.00 47,000.00 75;000;00f. 47,250.00 12092898 120,928.97 78,453.00 103,232.00 24,736.50 60,116.00 13,000.00 2010-2011 Drawn Amount 42 320.00 35,000.00 40,161 05 44,447.79 4243544 100,188.13 78,452.88 100,530_89 22,953 05 44.87137 60,115.56 Reallocable Funds 15,000.00 25,000.00 6,838.95 2,802.21 20,740.84 72456 0.12 2,701.11 • 1,783.45 0.44 13,000.00 236,079.50 Page 1 of 1 Fiscal Year 2010-2011 National City CDBG and HOME Final Allocation Exhibit 8 FY 2010-2 fBG Program Entitlement of $1,188-660 with a reallocation` 236,080 from previous year CDBG funds ' 1,424,740.00 PUBL IC , LIGSERT/SCE9' . ^. al^� .,� •- 1 Burn Institute Senior Fire & Burn Prevention Program/ Smoke Alarm Installation Program $ 8,000.00 2 Community Youth Athletic Center Champs For Life Youth Diversion Program $ 10,000.00 3 City of National City Community Services Department At Risk Youth Afterschool Program "Supreme Teens" $ 20,000.00 4 City of National City Community Services Department Learn to Swim $ 10,023.00 5 City of National City Community Services Department Tiny Tots $ 29,337.00 6 City of National City Public Library National City Public Library Literacy Services $ 49,600.00 7 Meals -on -Wheels Greater San Diego, inc_ Meals -on -Wheels National City $ 10,000.00 8 South Bay Community Services National City Police Department Support Services - Juvenile Diversion Program $ 20,000.00 9 Trauma Intervention Programs of San Diego County, Inc. Crisis Intervention Team $ 8,000.00 Total Public Service Activities ' $' 164,960.00 CDBG CODE; ENFORCEMENT, ECONOMIC DEVELOPMENT, HOUSING REHABILITATION, INTERIM ASSISTANCE, PUBLIC fACILITY AND INFRASTRUCTURE IMPROVEMENTS Code Enforcement 94,000.00 10 City of National City- Community Development Department National City Housing Inspection Program $ 94,000.00 Economic Development $ 35,000.00 11 Southwestern Community College District (SCCD) Small Business Development & International Trade Center (SBDITC) National City Economic Development Funds Program $ 35,000.00 Housing Rehabilitation $ 66,908.00 12 Environmental Health Coalition Making National City's "Healthy Homes" Energy Efficient $ 66,908.00 Interim Assistance $ 30,000.00 13 Christmas in July * National City City Clean -Ups $ 30,000.00 Public Facility Improvements $ 538,925.00 14 City of National City- Development Services Department Soccer Field at El Toyon Park $ 238,925.00 15 International Community Foundation National City School Gardens and Urban Agriculture Initiative $ 50,000.00 16 La Maestra Clinic -National City La Maestra Dental Clinic, National City $ 25,000.00 17 National City Living History Farm Preserve, Inc. Structural Engineering Report for the Preservation of the Stein Farm Barn $ 25,000.00 18 Sweetwater High Joint -Use Athletic Field Sweetwater Union High School District $ 200,000.00 Public Infrastructure Improvements $ 275,000.00 19 City of National City -Development Services Department ADA Park Improvements $ 75,000.00 20 City of National City -Development Services Department Upgrade Substandard Pedestrian Ramps, Sidewalk, Curb, and Gutters $ 200,000.00 Total of Non -Public Service Activities $ 1,039,833.00 Page 1 of 2 Exhibit B ,.., ee Wit. Ct}BG.PLANAMING "AND ADMINISTRATION .. Planning $ 26,339.00 21 Boys & Girls Club of Inland North County Boys & Girls Club Expansion Site Feasibility Study $ 11,339.00 22 City of National City- Community Services Department Neighborhood Councils Program $ 0608.00 Administration $ 193,3, 00 23 Fair Housing Council of San Diego Fair Housing and Tenant -Landlord Education Services $ 38,000.00 24 City of National City - Community Development Department CDBG Program Administration $ 155,608.00 Total Planning and Administration $ 219,947.00 FY 2010-2011 HOME.Investmet#:Partnerships (HOME) Program 4-.Entitlement- 6 1 City of National City - Community Development Department First Time Homebuyer Program $ 296,989.00 2 City of National City- Community Development Department National City Community Housing Rehabilitation Program $ 148,645.00 3 Community HousingWorks CHDO Predevelopment Loan for Paradise Creek Affordable Housing Project $ 9,549.00 4 Community HousingWorks CHDO Set -aside Development Loan for Paradise Creek Affordable Housing Project $ 85,943.00 5 Community HousingWorks CHDO Operating Assistance to Community HousingWorks for Paradise Creek Affordable Housing Project $ 31,830.00 6 City of National City - Community Development Department HOME Program Administration $ 63,661.00 Total HOME Program 636,617.00 Page 2 of 2 Passed and adopted by the Council of the City of National City, California, on May 4, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, 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. 2010-88 of the City of National City, California, passed and adopted by the Council of said City on May 4, 2010. City al City, California C erk of the City of ation By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ✓ tio6-\-'Z , o3-y-A MEETING DATE: May 4, 2010 AGENDA ITEM NO. 16 .TEM TITLE: Resolution of the City Council of the City of National City authorizing the reallocation of $236,080 in unexpended Community Development Block Grant (CDBG) entitlement funds, and authorizing the submission of the 2010-2015 Five -Year Consolidated Plan and the 2010-2011 Annual Action Plan to the United States Department of Housing and Urban Development (HUD). (Community Development, Housing and Grants) PREPARED BY: Carlos J. Aguirre PHONE: (619) 336-4391 EXPLANATION: DEPARTMENT: Community Development APPROVED BY: The City has prepared a draft Fiscal Year 2011-2015 Consolidated Plan and Fiscal Year 2010-2011 Annual Action Plan. The Five Year Plan outlines the City's housing and non -housing community development needs and priorities over the next five years. The Consolidated Annual Action Plan for FY 2010-2011 outlines how the City plans to expend $1,188,660 in federal Community Development Block Grant funds (CDBG) and $636,617 in HOME Investment Partnerships (HOME) Program funds. In addition to the funding sources noted above, the City will also reallocate $236,080 of CDBG funds that remain from previous year activities. In accordance with the federal regulations at 24 CFR, Part 91, the City of National City is required to prepare and submit a Five -Year Consolidated Plan and Annual Action Plan for its Housing and Community Development Programs. In order to obtain the views of residents, public agencies, and other interested parties, the City of National City placed its proposed FY 2011-2015 Five -Year Consolidated Plan and Annual Action Plan for FY 2010-2011 for public comment on the City website and on public display at various National City locations beginning on Monday, March 29, 2010 and ending April 28, 2010. No public comments have been received to date. The purpose of the final public hearing held before consideration of the resolution is to review any comments received during the 30-day public review and comment period. In addition, interested persons and community groups will be provided with one last opportunity to share their thoughts and comments regarding these plans. All comments received will be incorporated into the final plan that will be submitted to HUD, no later than May 15, 2010. Following the blic hearing, after all public comment has been considered, the City will take final action on the Five Year Consolidated Plan and ,- nnual Action Plan by adopting the resolution. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City received $1,188,660 in CDBG Program and $636,617 in HOME Program allocations for FY2011. The City is also reallocating $236,080 from previously funded CDBG activities that will carryover to FY2011 listed activities. ENVIRONMENTAL REVIEW: Not applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: gFso��t»N Na. aa\o-%% CA OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk INCOApORATOID -% 619-336-4228 phone • 619-336-4229 fax FO.RNIA + FAIR HOUSING COUNCIL OF SAN DIEGO Resolution No. 2010-88 CDBG 2010 - 2011 Fair Housing and Tenant — Landlord Education Service Carlos Aguirre (Housing & Grants) Forwarded Copy of Agreement to Subrecipient