HomeMy WebLinkAbout2010 CON National City Living History Farm Preserve - CDBG 10-11 Sub-RecipientSUBRECIPIENT AGREEMENT
By and Between the
City of National City and
National City Living History Farm Preserve, Inc
for the
Structural Engineering Report/Feasibility Study for Preservation of the Stein Farm Barn
THIS AGREEMENT, entered this 1 q7A day of AtG1ST , 2010 by and between
the City of National City (herein called the "Grantee") and National City Living History Farm
Preserve, Inc (herein called the "Subrecipient.")
WHEREAS, the Grantee has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law
93-383; and
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such
funds;
NOW, THEREFORE, it is agreed between the parties hereto that;
I. SCOPE OF SERVICE
A. Activities: The Subrecipient will be responsible for administering the program titled,
Structural Engineering Report/Feasibilitv Study for Preservation of the Stein
Farm Barn in a manner satisfactory to the Grantee and consistent with any standards
required as a condition of providing these funds. Such program will include activities
eligible under the Community Development Block Grant (CDBG) program, as specified in
Exhibit A, attached and incorporated herein.
B. National Objectives: All activities funded with CDGB funds must meet one of the CDBG
program's National Objectives: benefit low- and moderate -income persons; aid in the
prevention or elimination of slums or blight; or meet community development needs
having a particular urgency, as defined in 24 CFR 570.208
The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet
the National Objective of benefiting low- and moderate -income persons.
C. Levels of Accomplishment — Goals and Performance Measures: The levels of
accomplishment may include such measures as units rehabilitated, persons or households
assisted, or meals served, and should include periods for performance. Refer to Exhibit A
for levels of program services.
D. Staffing: Subrecipient shall be responsible for staff and time to be allocated to each
activity, as set forth in Exhibit A, attached hereto and incorporated herein.
E. Performance Monitoring: The Grantee will monitor the performance of the Subrecipient
against goals and performance standards as stated above. Substandard performance as
determined by the Grantee will constitute noncompliance with this Agreement. If action to
correct such substandard performance is not taken by the Subrecipient within a
reasonable period of time after being notified by the Grantee, contract suspension or
termination procedures will be initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 1st day of July. 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
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and incorporated herein. Both the Grantee and the Subrecipient must approve any
amendments to the budget in writing.
IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under
this Agreement shall not exceed Twentv-Five Thousand Dollars ($25,000.00).
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 ....
Subrecipient
Contact Person:
Carlos Aguirre
Contact Person:
Lori Anne Peoples
Organization:
City of National City
Organization:
National City Living History Farm Preserve,
Inc.
Address: 1243 National City Boulevard
National City, CA 91950-4301
Address: 1504 E. 22nd St
National City, Ca 91950
Telephone:
(619) 336-4391
Telephone:
619-477-4242/619-548-2934
Email:
caguirre@nationalcityca.gov
Email:
lapeoples@sbcglobal.net
VI. GENERAL CONDITIONS
A. General Compliance: The Subrecipient agrees to comply with the requirements of
Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban
Development regulations concerning Community Development Block Grants (CDBG))
including subpart K of these regulations, except that (1) the Subrecipient does not
assume the recipient's environmental responsibilities described in 24 CFR 570.604 and
(2) the Subrecipient does not assume the recipient's responsibility for initiating the
review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to
comply with all other applicable Federal, state and local laws, regulations, and policies
governing the funds provided under this contract. The Subrecipient further agrees to
utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available.
B. "Independent Contractor": Nothing contained in this Agreement is intended to, or
shall be construed in any manner, as creating or establishing the relationship of
employer/employee between the parties. The Subrecipient shall at all times remain an
"independent contractor" with respect to the services to be performed under this
Agreement. The Grantee shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Workers'
Compensation Insurance, as the Subrecipient is an independent contractor.
C. Hold Harmless: The Subrecipient shall hold harmless, defend and indemnify the
Grantee from any and all claims, actions, suits, charges and judgments whatsoever that
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arise out of the Subrecipient's performance or nonperformance of the services or subject
matter called for in this Agreement.
D. Workers' Compensation: The Subrecipient shall comply with all of the provisions of
the Workers' Compensation Insurance and Safety Acts of the State of California, the
applicable provisions of Division 4 and 5 of the California Government Code and all
amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the Grantee and its elected officials, officers, and
employees from and against all claims, demands, payments, suits, actions, proceedings
and judgments of every nature and description, including reasonable attorney's fees and
defense costs presented, brought or recovered against the Grantee or its elected
officials, officers, employees, or volunteers, for or on account of any liability under any
of said acts which may be incurred by reason of any work to be performed by the
Grantee under this Agreement.
Insurance & Bonding: The Subrecipient, at its sole cost and expense, shall purchase
and maintain, and shall require its subcontractors when applicable, to purchase and
maintain throughout the term of this agreement, the following insurance policies
attached as Exhibit F:
❑ 1. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
2. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of
$1,000,000 combined single limit per accident. Such automobile insurance shall include
owned, non -owned, and hired vehicles ("any auto").
3. Commercial general liability insurance, with minimum limits of
$1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and
property damage arising out of its operations under this Agreement.
4. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of subrecipient's employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be
endorsed with a waiver of subrogation in favor of the Grantee. Said endorsement shall
be provided prior to commencement of work under this Agreement.
5. The aforesaid policies shall constitute primary insurance as to the
Grantee, its officers and employees, so that any other policies held by the Grantee shall
not contribute to any loss under said insurance. Said policies shall provide for thirty
(30) days prior written notice to the Grantee of cancellation or material change.
6. Said policies, except for the professional liability and workers'
compensation policies, shall name the Grantee and its elected officials, officers, agents
and employees as additional insureds, and separate additional insured endorsements
shall be provided.
7. If required insurance coverage is provided on a "claims made" rather
than "occurrence" form, the Subrecipient shall maintain such insurance coverage for
three years after expiration of the term (and any extensions) of this Agreement. In
addition, the "retro" date must be on or before the date of this Agreement.
8. Any aggregate insurance limits must apply solely to this Agreement.
9. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the National City Risk Manager. In the event
coverage is provided by non -admitted "surplus lines" carriers, they must be included on
the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and
otherwise meet rating requirements.
10. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the National City Risk Manager. If the Subrecipient does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the Grantee may elect to treat the failure to maintain the requisite
insurance as a breach of this Agreement and terminate the Agreement as provided
herein.
11. All deductibles and self -insured retentions in excess of $10,000 must
be disclosed to and approved by the Grantee.
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The Subrecipient shall carry sufficient insurance coverage to protect contract assets from
loss due to theft, fraud and/or undue physical damage, and as a minimum shall
purchase a blanket fidelity bond covering all employees in an amount equal to cash
advances from the Grantee. The Subrecipient shall comply with the bonding and
insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance.
F. Grantee Recognition: The Subrecipient shall insure recognition of the role of the
Grantee in providing services through this Agreement. All activities, facilities and items
utilized pursuant to this Agreement shall be prominently labeled as to funding source. In
addition, the Subrecipient will include a reference to the support provided herein in all
publications made possible with funds made available under this Agreement.
G. Amendments: The Grantee or Subrecipient may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement, and are
executed in writing, signed by a duly authorized representative of each organization, and
approved by the Grantee's governing body. Such amendments shall not invalidate this
Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under
this Agreement.
The Grantee may, in its discretion, amend this Agreement to conform with Federal, state
or local governmental guidelines, policies and available funding amounts, or for other
reasons. If such amendments result in a change in the funding, the scope of services, or
schedule of the activities to be undertaken as part of this Agreement, such modifications
will be incorporated only by written amendment signed by both Grantee and
Subrecipient.
H. Suspension or Termination: In accordance with 24 CFR 85.43, the Grantee may
suspend or terminate this Agreement if the Subrecipient materially fails to comply with
any terms of this Agreement, which include (but are not limited to) the following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein,
or such statutes, regulations, executive orders, and HUD guidelines, policies or
directives as may become applicable at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner
its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the Grantee reports that are incorrect or
incomplete in any material respect.
The Grantee shall have the right, in accordance with 24 C.F.R. 85.43, to terminate this
Agreement immediately or withhold payment of invoice for failure of the SUB -RECIPIENT
to comply with the terms and conditions of this Agreement. Should the Grantee decide
to terminate this Agreement, after a full evaluation of all circumstances has been
completed, the 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
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case of a partial termination, the Grantee determines that the remaining portion of the
award will not accomplish the purpose for which the award was made, the Grantee may
terminate the award in its entirety. Grantee and sub -recipient agree to provide written
notice to the other party thirty (30) days prior to the effective date of any termination,
in whole or part, for convenience.
VII. ADMINISTRATIVE REOUIREMENTS
A. Financial Management
1. Accounting Standards: The Subrecipient agrees to comply with 24 CFR 84.21-28
and agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation for
all costs incurred.
2. Cost Principles: The Subrecipient shall administer its program in conformance with
OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost
Principles for Educational Institutions," as applicable. These principles shall be
applied for all costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record 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 repotted 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
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include, but are not limited to: making final payments, disposing of program assets
(including the return of all unused materials, equipment, unspent cash advances,
program income balances, and accounts receivable to the Grantee), and determining
the custodianship of records. Not withstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the Subrecipient has control
over CDBG funds, including program income.
6. Audits & Inspections: All Subrecipient records with respect to any matters
covered by this Agreement shall be made available to the Grantee, grantor agency,
and the Comptroller General of the United States or any of their authorized
representatives, at any time during normal business hours, as often as deemed
necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
Any deficiencies noted in audit reports must be fully cleared by the Subrecipient
within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to
comply with the above audit requirements will constitute a violation of this contract
and may result in the withholding of future payments. The Subrecipient hereby
agrees to have an annual agency audit conducted in accordance with current
Grantee policy concerning subrecipient audits and OMB Circular A-133.
7. Additional Documentation: Subrecipient agrees to provide a list of its Board of
Directors, By -Laws, Exhibit "C", and any additional documents, as required in
Exhibit "D," "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.
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2. OMB Standards: Unless specified otherwise within this agreement, the
Subrecipient shall procure all materials, property, or services in accordance with the
requirements of 24 CFR 84.40-48.
3. Travel: The Subrecipient shall obtain written approval from the Grantee for any
travel outside the metropolitan area with funds provided under this Agreement.
E. Use and Reversion of Assets:
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and
570.504, as applicable, which include but are not limited to the following:
1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any
accounts receivable attributable to the use of funds under this Agreement at the
time of expiration, cancellation, or termination.
2. Real property under the Subrecipient's control that was acquired or improved, in
whole or in part, with funds under this Agreement in excess of $25,000 shall be used
to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five
(5) years after expiration of this Agreement [or such longer period of time as the
Grantee deems appropriate]. If the Subrecipient fails to use CDBG-assisted real
property in a manner that meets a CDBG National Objective for the prescribed
period of time, the Subrecipient shall pay the Grantee an amount equal to the
current fair market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Such payment shall constitute program income to the Grantee. The Subrecipient
may retain real property acquired or improved under this Agreement after the
expiration of the five-year period [or such longer period of time as the Grantee
deems appropriate].
3. In all cases in which equipment acquired, in whole or in part, with funds under this
Agreement is sold, the proceeds shall be program income (prorated to reflect the
extent to that funds received under this Agreement were used to acquire the
equipment). Equipment not needed by the Subrecipient for activities under this
Agreement shall be (a) transferred to the Grantee for the CDBG program or (b)
retained after compensating the Grantee [an amount equal to the current fair
market value of the equipment less the percentage of non-CDBG funds used to
acquire the equipment].
VIII. RELOCATION, REAL PROPERTY 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,
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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
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 Minoritv-Owned Businesses (W/MBE): The Subrecipient will use
its best efforts to afford small businesses, minority business enterprises, and
women's business enterprises the maximum practicable opportunity to participate in
the performance of this contract. As used in this contract, the terms "small business"
means a business that meets the criteria set forth in section 3(a) of the Small
Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one (51) percent owned and controlled by
minority group members or women. For the purpose of this definition, "minority
group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or
Spanish -heritage Americans, Asian -Americans, and American Indians. The
Subrecipient may rely on written representations by businesses regarding their
status as minority and female business enterprises in lieu of an independent
investigation.
3. Access to Records: The Subrecipient shall furnish and cause each of its own
subrecipients or subcontractors to furnish all information and reports required
hereunder and will permit access to its books, records and accounts by the Grantee,
HUD or its agent, or other authorized Federal officials for purposes of investigation
to ascertain compliance with the rules, regulations and provisions stated herein.
4. Notifications: The Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the agency contracting officer, advising
the labor union or worker's representative of the Subrecipient's commitments
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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
employees placed by or on behalf of the Subrecipient, state that it is an Equal
Opportunity or Affirmative Action employer.
6. Subcontract Provisions: The Subrecipient will include the provisions of
Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or
purchase order, specifically or by reference, so that such provisions will be binding
upon each of its own subrecipients or subcontractors.
C. Employment Restrictions
1. Prohibited Activity: The Subrecipient is prohibited from using funds provided
herein or personnel employed in the administration of the program for: political
activities; inherently religious activities; lobbying; political patronage; and nepotism
activities.
2. Labor Standards: The Subrecipient agrees to comply with the requirements of the
Secretary of Labor in accordance with the Davis -Bacon Act as amended, the
provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.)
and all other applicable Federal, state and local laws and regulations pertaining to
labor standards insofar as those acts apply to the performance of this Agreement.
The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C.
874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29
CFR Part 5. The Subrecipient shall maintain documentation that demonstrates
compliance with hour and wage requirements of this part. Such documentation shall
be made available to the Grantee for review upon request.
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property containing less than eight (8) units, all
contractors engaged under contracts in excess of $2,000.00 for construction,
renovation or repair work financed in whole or in part with assistance provided under
this contract, shall comply with Federal requirements adopted by the Grantee
pertaining to such contracts and with the applicable requirements of the regulations
of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the
payment of wages and ratio of apprentices and trainees to journey workers;
provided that, if wage rates higher than those required under the regulations are
imposed by state or local law, nothing hereunder is intended to relieve the
Subrecipient of its obligation, if any, to require payment of the higher wage. The
Subrecipient shall cause or require to be inserted in full, in all such contracts subject
to such regulations, provisions meeting the requirements of this paragraph.
3. "Section 3" Clause
a. Compliance: Compliance with the provisions of Section 3 of the HUD Act of
1968, as amended, and as implemented by the regulations set forth in 24 CFR
135, and all applicable rules and orders issued hereunder prior to the execution
of this contract, shall be a condition of the Federal financial assistance provided
under this contract and binding upon the Grantee, the Subrecipient and any of
the Subrecipient's subrecipients and subcontractors. Failure to fulfill these
requirements shall subject the Grantee, the Subrecipient and any of the
Subrecipient's subrecipients and subcontractors, their successors and assigns, to
those sanctions specified by the Agreement through which Federal assistance is
provided. The Subrecipient certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3" requirements
and to include the following language in all subcontracts executed under this
Agreement:
"The work to be performed under this Agreement is a project
assisted under a program providing direct Federal financial
Subrecipient Agreement
Page 9 of 14
assistance from HUD and is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701). Section 3 requires that to the
greatest extent feasible opportunities for training and
employment be given to low- and very low-income residents of
the project area, and that contracts for work in connection with
the project be awarded to business concerns that provide
economic opportunities for low- and very low-income persons
residing in the metropolitan area in which the project is located."
The Subrecipient further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including
reduction and abatement of lead -based paint hazards), housing construction, or
other public construction project are given to low- and very low-income persons
residing within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to low- and very low-income
persons within the service area of the project or the neighborhood in which the
project is located, and to low- and very low-income participants in other HUD
programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead -based paint
hazards), housing construction, or other public construction project to business
concerns that provide economic opportunities for low- and very low-income
persons residing within the metropolitan area in which the CDBG-funded project
is located; where feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low-income residents within the
service area or the neighborhood in which the project is located, and to low- and
very low-income participants in other HUD programs.
The Subrecipient certifies and agrees that no contractual or other legal
incapacity exists that would prevent compliance with these requirements.
b. Notifications: The Subrecipient agrees to send to each labor organization or
representative of workers with which it has a collective bargaining agreement
or other contract or understanding, if any, a notice advising said labor
organization or worker's representative of its commitments under this Section
3 clause and shall post copies of the notice in conspicuous places available to
employees and applicants for employment or training.
c. Subcontracts: The Subrecipient will include this Section 3 clause in every
subcontract and will take appropriate action pursuant to the subcontract upon
a finding that the subcontractor is in violation of regulations issued by the
grantor agency. The Subrecipient will not subcontract with any entity where it
has notice or knowledge that the latter has been found in violation of
regulations under 24 CFR Part 135 and will not let any subcontract unless the
entity has first provided it with a preliminary statement of ability to comply
with the requirements of these regulations.
D. Conduct
1. Assignability: The Subrecipient shall not assign or transfer any interest in this
Agreement without the prior written consent of the Grantee thereto; provided,
however, that claims for money due or to become due to the Subrecipient from
the Grantee under this contract may be assigned to a bank, trust company, or
other financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to the Grantee.
2. Subcontracts:
a. 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
Subrecipient Agreement
Page 10 of 14
be summarized in written reports and supported with documented evidence of
follow-up actions taken to correct areas of noncompliance.
c. Content: The Subrecipient shall cause all of the provisions of this contract in
its entirety to be included in and made a part of any subcontract executed in
the performance of this Agreement.
d. Selection Process: The Subrecipient shall undertake to insure that all
subcontracts let in the performance of this Agreement shall be awarded on a
fair and open competition basis in accordance with applicable procurement
requirements. Executed copies of all subcontracts shall be forwarded to the
Grantee along with documentation concerning the selection process.
3. Hatch Act: The Subrecipient agrees that no funds provided, nor personnel
employed under this Agreement, shall be in any way or to any extent engaged in
the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.
4. Conflict of Interest: The Subrecipient agrees to abide by the provisions of 24
CFR 84.42 and 570.611, which include (but are not limited to) the following:
a. The Subrecipient shall maintain a written code or standards of conduct that
shall govern the performance of its officers, employees or agents engaged in
the award and administration of contracts supported by Federal funds.
b. No employee, officer or agent of the Subrecipient shall participate in the
selection, or in the award, or administration of, a contract supported by
Federal funds if a conflict of interest, real or apparent, would be involved.
c. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a
position to participate in a decision -making process or gain inside information
with regard to such activities, may obtain a financial interest in any contract,
or have a financial interest in any contract, subcontract, or agreement with
respect to the CDBG-assisted activity, or with respect to the proceeds from the
CDBG-assisted activity, either for themselves or those with whom they have
business or immediate family ties, during their tenure or for a period of one
(1) year thereafter. For purposes of this paragraph, a "covered person"
includes any person who is an employee, agent, consultant, officer, or elected
or appointed official of the Grantee, the Subrecipient, or any designated public
agency.
5. 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
Subrecipient Agreement
Page 11 of 14
c. It will require that the language of paragraph (d) of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all Subrecipients shall certify and
disclose accordingly:
d. Lobbying Certification: This certification is a material representation of
fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S.C. Any
person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each
such failure.
6. Copvright: If this contract results in any copyrightable material or inventions, the
Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive
and irrevocable license to reproduce, publish or otherwise use and to authorize
others to use, the work or materials for governmental purposes.
7. Religious Activities: The Subrecipient agrees that funds provided under this
Agreement will not be utilized for inherently religious activities prohibited by 24
CFR 570.200(j), such as worship, religious instruction, or proselytization.
X. ENVIRONMENTAL CONDITIONS
A. Air and Water: The Subrecipient agrees to comply with the following requirements
insofar as they apply to the performance of this Agreement:
• Clean Air Act, 42 U.S.C. , 7401, et seq.;
• Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and information, as
well as other requirements specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder;
• Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as
amended.
B. Flood Disaster Protection: In accordance with the requirements of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities
located in an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance Program
is obtained and maintained as a condition of financial assistance for acquisition or
construction purposes (including rehabilitation).
C. Lead -Based Paint: The Subrecipient agrees that any construction or rehabilitation of
residential structures with assistance provided under this Agreement shall be subject to
HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B.
Such regulations pertain to all CDBG-assisted housing and require that all owners,
prospective owners, and tenants of properties constructed prior to 1978 be properly
notified that such properties may include lead -based paint. Such notification shall point
out the hazards of lead -based paint and explain the symptoms, treatment and precautions
that should be taken when dealing with lead -based paint poisoning and the advisability
and availability of blood lead level screening for children under seven. The notice should
also point out that if lead -based paint is found on the property, abatement measures may
be undertaken. The regulations further require that, depending on the amount of Federal
funds applied to a property, paint testing, risk assessment, treatment and/or abatement
may be conducted.
D. Historic Preservation: The Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic
Preservation Procedures for Protection of Historic Properties, insofar as they apply to the
performance of this agreement.
Subrecipient Agreement
Page 12of14
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, state, or local historic property list.
XI. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be
affected thereby and all other parts of this Agreement shall nevertheless be in full force and
effect.
XII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this Agreement.
XIII. WAIVER
The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its
right to act with respect to subsequent or similar breaches. The failure of the Grantee to
exercise or enforce any right or provision shall not constitute a waiver of such right or
provision.
XIV. INTERPRETATION OF THE AGREEMENT
The interpretation, validity, and enforcement of the Agreement shall be governed by and
construed under the laws of the State of California. The Agreement does not limit any other
rights or remedies available to the Grantee. The SUB -RECIPIENT shall be responsible for
complying with all local, state, and federal laws whether or not said laws are expressly stated
or referred to herein. Should any provision herein be found or deemed to be invalid, the
Agreement shall be construed as not containing such revision, and all other provisions which
are otherwise lawful shall remain in full force and effect, and to this end the provisions of this
Agreement are severable.
XV. ATTORNEY'S FEES
In the event any legal action or proceeding is commenced to interpret or enforce the terms
of, or obligations arising out of, this Agreement, or to recover damages for the breach thereof,
the party prevailing in any such action or proceeding shall be entitled to recover from the non -
prevailing party all reasonable attorney's fees, costs, and expenses incurred by the prevailing
party.
XVI. ENTIRE AGREEMENT
This agreement constitutes the entire agreement and the attachments referenced below
between the Grantee and the Subrecipient for the use of funds received under this Agreement
and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral, or written between the Grantee and the Subrecipient with respect to this
Agreement.
ATTACHMENTS
Exhibit A -Scope of Services
Exhibit B-Budget
Exhibit C-Board of Directors and Bylaws
Exhibit D-Technical Assistance Materials
Exhibit E-Affirmative Action Policy
Exhibit F-Insurance
Subrecipient Agreement
Page 13of1
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.
City of National City
Morrison
ayor, City of National City
OVED AS TO FO
Claudia G. Silva
City Attorney
National City Living History Farm
Preserve, Inc.
Lori A he Peoples
Chair
Subrecipient Agreement
Page 14of14
EXHIBIT A
SCOPE OF SERVICES
1. The Structural Engineering Report/Feasibility Study for Preservation of the Stein Farm
Barn consists of the following activities:
Overall Project Goal (Please list any additional goals or objectives on another page.)
This project is intended to complete a study to determine the most feasible way to stabilize
and rehabilitate the Stein Family Farm Barn for public access and usage, implementation of
which would not detract from its historic appearance or impact historic designation. It is
believed that no major structural work/repair has been done to the barn (constructed in
1900), since the cyclone of 1926 which took off the roof and hay loft.
Objective #1
Objective
2
Objective #3
Objective #4
2. The following lists the staff and time commitments to be allocated to activity listed above.
Staff Member Name and Title 1 Hours Allocated
N/A
3. Billing Method: Reimbursement of invoices from consultant firm upon progress
reports. No more than 6 times through completion of the report
4. List the type of supporting documentation to be provided:
Quarterly progress reports.
List the maior/key activity milestones:
Major Activity
Milestones
FY 2011 Month
1
2
3
4
5
6
7
8
9
10
11
12
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Develop Bid Specs
X
Put out to Bid
X
Award Study
X
Start Report
X
Conduct Report
X
X
X
X
X
X
X
Submit Completed
Report
X
EXHIBIT B
BUDGET
Agency Name: National City Living History Farm Preserve, Inc. (dba Stein Family Farm)
•'t Name•Structural Engineering Report for Preservation of Barn
,,.LINT y
Description
CDBG
BUDGET
OTHER
RESOURCES
TOTAL
BUDGET
1) Personnel (Direct labor)
$25,000
None
$25,000
2) Fringe Benefits
3) Travel
4) Supplies and Materials
5) Sub Total for Direct Costs
6) Indirect Costs (Overhead)
TOTAL
$
25,000
! $ -
25,000
Exhibit C
Board of Directors
By -Laws
NATIONAL CITY LIVING HISTORY FARM PRESERVE, INC. (STEIN FARM)
BOARD MEMBERS
CHAIR
Lori Anne Peoples (Term 2010-2011)
1504 E. 22"d Street
National City, CA 91950
VICE -CHAIR
Mitch Beauchamp (Term 2010-2011)
P.O. Box 985
National! City, CA 91951
SECRETARY
Nancy Smith (Term 2010-2011)
2333 East Ridge Cloud
Chula Vista, CA 91915
TREASURER
Vince Reynolds (Term 2010-2011)
1243 Manchester Street
National City, CA 91950
BOARD MEMBERS
Karen Barrows (Term 2009-2011)
254 Fig Street
Chula Vista, CA 91910
Brian Clapper (Term 2010-2012)
National City, CA
Alana Coons (Term 2009-2011)
44 Kingston Court
Coronado, CA 92118
Heika Paulsen (Term 2010-2012)
4434 Mount Lindsey Avenue
San Diego, CA
Bonnie Styles (Term 2010-2012)
1238 Manchester Street
National City, CA 91950
Susan Zimmer (Term 2009-2011)
3553 Evergreen Road
Bonita, CA 91902
CONSULTANTS
Bruce Coons, SOHO — Historic Consultant
Lucy Warren, Master Gardner — Garden Consultant
Mike Carey — Photographer
Scott Robbins - Webrnaster
BYLAWS OF THE
NATIONAL CITY LIVING HISTORY FARM PRESERVE
A California Nonprofit Public Benefit Corporation
ARTICLE I
NAME & PRINCIPAL OFFICE
Section 1.1 Name.
The name of this Corporation is the National City Living
History Farm Preserve.
Section 1.2 Principal Office.
The principal office for the transaction of the activities and
affairs of the Corporation ("principal Office") is located at San
Diego County, California. The Board of Directors ("the Hoard") may
change the principal office from one location to another. Any
change of location of the principal office shall be noted by the
Secretary on these Bylaws opposite this section, or this section may
be amended to state the new location.
Section 1.3 Other Offices,
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 II
PURPOSES AND LIMITATIONS
Section 2.1 Purposes.
The Corporation is a nonprofit public benefit corporation and
is not organized for the private gain of any person. The Corpora-
tion is organized under the Nonprofit Public Benefit Corporation Law
of California exclusively for charitable, educational and historical
preservation purposes, within the meaning of Section 501(c)(3) of
the Internal Revenue Code of 1954 (or the corresponding provision of
any future United States Internal Revenue Law). Notwithstanding any
other provision of these Bylaws, this Corporation shall not, except
to an insubstantial degree, carry on or engage in any activities or
exercise any powers that are not in furtherance of the purposes of
this Corporation, and the Corporation shall not carry on any other
activities not permitted to be carried on (i) by a corporation
exempt from Federal income tax under Section 501(c)(3) of the
Internal Revenue Code of 1954 (or the corresponding provision of any
future United States Internal Revenue Law); (ii) by a corporation,
contributions to which are deductible under Section 170(c)(2) of the
Internal Revenue Code of 1954 (or the correspondingprovisionof any
future United States Internal Revenue Law).
/////
Page 1
EXHIBIT "B"
PAGE 1 of 15
The specific purposes of this Corporation include, but are not
limited to, preserving land and improvements for educational, scien-
tific, ecological, recreational, historical, scenic and open space
opportunities; engaging in the restoration, enhancement and preser-
vation of the Stein Family Farm complex; receiving and holding
dedications of real and personal property; and increasing public
knowledge and support for historic sites as an educational and cul-
tural resource.
Section 2.2 Limitations.
(a) Political Activity. No substantial part of the
activities of this Corporation shall consist of carrying on propa-
ganda, or otherwise attempting to influence legislation, and this
Corporation shall not participate in or intervene in (including the
publishing or distributing of statements in connection with) any
political campaign on behalf of any candidate for public office.
(b) Property. The property, assets, profits and net
income are dedicated irrevocably to the purposes set forth above.
No part of the profits or net earnings of this Corporation shall
ever inure to the benefit of any of its Directors, trustees,
officers, members (if any), employees, or to the benefit of any
private individual.
(c) Dissolution. Upon the winding up and dissolution of
this Corporation, after paying or adequately providing for the
payment of the debts, obligations and liabilities of the corpora-
tion, the remaining assets of this Corporation shall be distributed
to a nonprofit fund, foundation or corporation which is organized
and operated exclusively for charitable purposes and which has
established its tax-exempt status under Section 501(c) (3) of the
Internal Revenue Code of 1954 (or the corresponding provision of any
future United States Internal Revenue Law.)
ARTICLE III
MEMBERSHIP
Section 3.1 Membership.
This Corporation shall have no members. The Board of Directors
may refer to persons associated with the corporations as members,
and may establish classes of such non -voting memberships. Such
persons shall not, however, be deemed members within the meaning of
Section 5056 of the California Corporations Code.
ARTICLE IV
BOARD OF DIRECtuRS
Sections 4.1 powers.
(a) General Corporate Powers. Subject to the provisions
and limitations of the California Nonprofit Public Benefit Corpora-
tion Law and any other applicable laws, and any limitations of the
Articles of Incorporation and of these Bylaws, the activities and
Page 2
EXHIBIT "B"
PAGE; 2 of 15
affairs of the Corporation shall be managed, and all corporate
powers shall be exercised, by or under the direction of the Board.
(b) Sbecific Powers. Subject to limitations of the
articles and these By -Laws, the activities and affairs of the Corpo-
ration shall be conducted and all corporate powers shall be exer-
cised by or under direction of the Board. The Board may delegate
management of the activities of the Corporation to any person or
persons, a management company, 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 ulti-
mate direction of the Board. Without prejudice to such general
powers, 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 By-laws:
(i) Appoint and remove, at the pleasure of the
Board, all officers, agents and employees of the Corporation; pre-
scribe powers and duties for them that are consistent with law, with
the Articles of Incorporation and with these Bylaws; and fix their
compensation and require from them security for faithful performance
of their duties.
(ii) Change the principal office or the principal
business office in the State of California from one location to
another; cause the Corporation to be qualified to conduct its activ-
ities in any other state, territory, dependency or country and
conduct its activities within or outside the State of California;
and designate any place within or outside the State of California
for the holding of any meeting, including annual meetings.
(iii) To conduct, manage, and control the affairs and
activities of the Corporation, and to make such rules and regula-
tions therefore not inconsistent with law, the Articles, or these
By-laws, as they may deem best.
(iv) To adopt, make, and use a Corporate Seal, and to
alter the form of such seal from time to time, as they may deem
best.
(v) To borrow money and incur indebtedness for the
purposes of the Corporation, and to cause to be executed and
delivered therefore, in the Corporate name, promissory notes, bonds,
debentures, deeds of trust, mcrtgages, pledges, hypothecations, or
other evidences of debt and securities therefore.
Section 4.2 Number of Directors.
The authorized number of Directors shall be eleven (11).
Section 4.3 Selection of Directors.
(a) Initial Directors. The initial Board members shall
be elected by the incorporator named in the Corporation's Articles
of Incorporation.
Page 3 EXHIBIT "B"
PAGE 3 of 15
(b) Subsequent Directors. At the expiration or earlier
termination of the terms of office of the initial Directors, their
successors shall be chosen by a majority vote of the members of the
Board then in office, whether or not less than a quorum, or by a
sole remaining Director.
Section 4.4 Term of Office of Directors.
The term of office of Directors shall be two (2) years. Each
Director shall hold office until the expiration of the term for
which they were appointed, and until a successor has been appointed
or elected.
Section 4.5 Vacancies in Office.
(a) Events Causing Vacancy. A vacancy or vacancies on
the Board shall exist on the occurrence of the following: (1) the
death, removal, suspension or resignation of any Director; or (ii)
the declaration by resolution of the Board of a vacancy in the
office of a Director who has been declared of unsound mind by an
order of court or convicted of a felony or has been found by final
order or judgment of any court to have breached a duty under
Sections 5230 and following of the California Nonprofit Public
Benefit Corporation Law.
(b) Resignations. Except as provided in this subsection,
any Director may resign effective upon giving written notice to the
Chairman of the Board, if any, or the President or the Secretary of
the Board, unless such notice specifies a later time for the resig-
nation to become effective. Except upon notice to the Attorney
General of the State of California, no Director may resign when the
Corporation would then be left without a duly elected Director or
Directors in charge of its affairs.
(c) Filling Vacancies. Vacancies on the Board shall be
filled in the manner prescribed in these By-laws for regular elec-
tion or appointment to such office, provided that such vacancies
shall be filled as they occur, and not on an annual basis. Each
Director so selected shall hold office until the expiration of the
term of the replaced Director, and until a successor has been se-
lected and qualified. Any vacancy on the Board shall be filled by
vote of the remaining Directors, whether or not less that a quorum
or by a sole remaining Director.
(d) No Vacancy on Reduction of Number of Directors. No
reduction of the authorized number of Directors shall have the
effect of removing any Director prior to expiration of the
Director's term of office.
Section 4.6 Restrictions on Directors.
Not more than forty-nine percent (49%) of the persons serving
on the Board may be interested persons. An interested person is (1)
any person being compensated by the Corporation for services ren-
dered to it within the previous twelve (12) months, whether as a
full-time or part-time employee, independent contractor, or other -
Page 4
EXHIBIT "B"
PAGE 4 of 15
wise; and (2) any brother, sister, ancestor, descendant, spouse,
brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-
in-law or father-in-law of such person. However, any violation of
the provisions of the paragraph shall not affect the validity or
enforceability of any transaction entered into by the Corporation.
A Director may not participate in any vote on any proposed transac-
tion with another organization or entity of which such Director is
also an employee, principal or Director.
Section 4.7 Standard of Care.
A Director shall perform the duties of a Director, including
duties as a member of any committee of the Board on which the
Director may serve in good faith, in a manner such Director believes
to be in the best interests of this Corporation, and with such care,
including reasonable inquiry, as an ordinarily prudent person in a
like situation would use under similar circumstances. In performing
the duties of a Director, a Director shall be entitled to rely on
information, opinions, reports or statements including financial
statements and other financial data, in each case prepared or
presented by:
(a) One or more officers or employees of the corporation
whom the Director believes to be reliable and competent in the
matters presented;
(b) Counsel, independent accountants or other persons as
to matters which the Director believes to be within such person's
professional or expert competence; or
(c) A committee of the Board upon which the Director does
not serve, as to matters within its designated authority, which
committee the Director believes to merit confidence, so long as in
any such case, the Director acts in good faith, after reasonable
inquiry when the need therefore is indicated by the circumstances
and without knowledge that would cause such reliance to be unwar-
ranted.
A person who performs the duties of a Director in accordance
with the foregoing shall have no liability based upon any failure or
alleged failure to discharge that person's obligations as a
Director.
Section 4.8 Non -Liability of Directors.
The Directors shall not be personally liable for the debts,
liabilities, or other obligations of the Corporation.
ARTICLE V
MEETINGS OF THE BOARD OF DIRECTORS
Section 5.1 Place of Meetings.
Meetings of the Board shall be held at the principal office of
the Corporation or at such other place as has been designated by the
Page 5
EXHIBIT "B"
PAGE 5 of 15
Board. In the absence of any such designation, meetings shall be
held at the principal office of the Corporation. The meetings of
the Board of Directors shall be open to the public and held in
accordance with the Ralph M. Brown Act, Government Code Section
54590 et. seq.
Section 5.2 Participation in Meetings by Conference Telephone.
Any meeting may be held by conference telephone or similar
communication equipment, so long as all Directors participating in
the meeting can hear one another, and all such Directors shall be
deemed to be present in person at such meeting.
Section 5.3 Annual, Regular and Special Meetings
(a) Annual Meeting. The Board shall hold an annual
meeting in conjunction with the regularly scheduled Board meeting in
the month of August of each year for the purpose of organization,
election of officers and the transaction of other business; provid-
ed, however, that the Board may fix another time for the holding of
its annual meeting. Notice of this meeting shall not be required.
(b) Other Regular Meetings. The Board shall hold at
least four (4) regular business meetings throughout the year; said
meetings shall be held without call and on a date to be fixed by
resolution of the Board; provided, however, any given monthly
meeting may be dispensed with by majority vote of the Board. Such
regular meetings may be held without notice.
(c) Special Meetings.
(i) Authority To Call. Special meetings of the
Board of Directors may be called by the chairman, or by any two (2)
Directors. The notice shall state the time, place, and subject
matter of such special meeting.
(ii) Notice. Notice of the time and place of special
meetings shall be given to each Director by one of the following
methods:
1. by personal delivery of written notice;
2. by first-class mail, postage prepaid;
3. by telephone, 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
4. by telegram, charges prepaid.
(iii) Time Reauirements. Notices sent by first-
class mail shall be deposited in the United States mails at least
four (4) 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 forty-eight
hours before the time set for the meeting. All such notices shall
Page 6
EXHIBIT "B"
PAGE 6 of 15
be given or sent to the Director's address and/or telephone number
as shown on the records of the Corporation.
(iv) Notice Contents. 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 5.4 Quorum.
A majority of the authorized number of Directors shall consti-
tute a quorum for the transaction of business, except to adjourn as
provided in section herein. Subject to the more stringent provi-
sions of the California Nonprofit Public Benefit Corporation Law,
including, without limitation, those provisions relating to (i)
approval of contracts or transactions in which a Director has a
direct or indirect material financial interest, (ii) approval of
certain transactions between corporations having common director-
ship, (iii) creation of an appointment of committees of the Board
and (iv) indemnification of Directors, every act or decision done or
made by a majority of the Directors present at a meeting duly held
at which a quorum is present shall be regarded as the act of the
Board. A meeting at which a quorum is initially present may contin-
ue to transact business, notwithstanding the withdrawal of Direc-
tors, if any action taken is approved by at least a majority of the
required quorum for that meeting.
Section 5.5 Waiver of Notice.
Notice of a meeting need not be given to any Director who signs
a waiver of notice, or a written consent to holding the meeting, or
an approval of the minutes thereof, whether before or after the
meeting, or who attends the meeting without protesting, prior
thereto or at its commencement, the lack of notice to such Director.
The waiver of notice or consent need not specify the purpose of the
meeting. All such waivers, consents and approvals shall be filed
with the corporate records or made a part of the minutes of the
meetings. Notice of a meeting need not be given any Director who
attends the meeting without protesting before or at its commencement
the lack of notice to such Director.
Section 5.6 Action Without Meeting.
Any action required or permitted to be taken by the Board may
be taken without a meeting if all members of the Board shall indi-
vidually or collectively consent in writing to such action. Such
consent or consents shall have the same effect as a unanimous vote
of the Board, and shall be filed with the minutes of the proceedings
of the Board. Such written consent or consents shall be filed with
the minutes of the proceedings of the Board. For the purposes of
this Section 5.6 only, "a11 members of the Board" shall not include
Directors who have a material financial interest in a transaction to
which the Corporation is a party.
1/l1/
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Page 7 EXHIBIT "B"
PAGE 7 of 15
Section 5.7 Adjournment.
A majority of the Directors present, whether or not consti-
tuting a quorum 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 meeting is adjourned for more than 24
hours, in which case personal notice of the 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 VI
COMMITTEES
Section 6.1 Committees of Directors.
The Board of Directors may designate one (1) or more commit-
tees, each consisting of three (3) or more Directors to serve at the
pleasure of the Board. Appointments to all committees shall be made
by a majority vote of the Directors then in office. Any 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:
(a) Fill vacancies on the Board of Directors or on any
committee;
(b) Expend any corporate funds for any purpose without
the express authorization of the Board of Directors;
(c) Amend or repeal By-laws or adopt new By-laws.
(d) Amend or repeal any resolution of the Board of
Directors which by its express terms is not so amendable or
repealable;
(e) Appoint any other committees of the Board of
Directors.
(f) 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 such approval is provided
for in Section 5233(d)(3) of the California Corporations Code.
Section 6.2 Meetings of Committees.
Meetings and actions of committees shall be governed by and
held and taken in accordance with the provisions of these By-laws
concerning meetings of Directors, with such changes in the context
of those By-laws as are necessary to substitute the committee and
its members for the Board of Directors and its members. Minutes
shall be kept of each meeting of any committee and shall be filed
with the corporate records. The Board of Directors may adopt rules
for the governance of any committee not inconsistent with the provi-
sions of these By-laws.
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Page 8 EXHIBIT "B"
PAGE 8 of 15
ARTICLE VII
OFFICERS
Section 7.1 Officers.
The officers of the Corporation shall include a President, a
Secretary, and a Chief Financial Officer. The Corporation may also
have, at the Board's discretion, a Chairman of the Board, 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 these Bylaws. Any number of offices may be held by
the same person, except that neither the Secretary nor the Chief
Financial Officer may serve concurrently as either the President or
the Chairman of the Board.
Section 7.1 Election.
The Officers of this Corporation, except those appointed in
accordance with the provisions of Section 7.03 of this Article VII,
shall be chosen annually by the Directors, and each shall serve at
the pleasure of the Board, subject to the rights, if any, of an
Officer under any contract of employment. The Officers of the
Corporation shall be elected at the annual meetings.
Section 7.03 Other Officers.
The Board may appoint and may authorize the Chairman of the
Board or the President or another officer to appoint any other
officers that the corporation may require, each of whom shall have
the title, hold office for the period, have the authority and per-
form the duties specified in the Bylaws or determined from time to
time by the Board.
Section 7.4 Removal.
Subject to the rights, if any, of an Officer under any contract
of employment, any Officer may be removed, with or without cause, by
a majority vote of the Board of Directors pursuant to applicable
law.
Section 7.5 Resignation.
An Officer may resign at any time by giving written notice to
this Corporation. The resignation shall take effect at the date of
the receipt of that notice or at any later time specified by that
notice, and unless otherwise specified in that notice, the accept-
ance of the resignation shall not be necessary to make it effective.
Any resignation is without prejudice to the rights, if any, of this
Corporation under any contract to which the officer is a party.
Section 7.6 Vacancies.
A vacancy in any office for any reason shall be filled in the
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/I///
Page 9 EXHIBIT "B"
PAGE 9 of 15
manner described in these Sy -laws for regular appointments to that
office.
Section 7.7 Chairman 'of the Board.
If a Chairman of the Board is elected, he or she shall preside
at meetings of the Board and shall exercise and perform such other
powers and duties as the Board may assign from time to time. If
there is no President, the Chairman of the Board shall also be the
Chief Executive Officer and shall have the powers and duties of the
President of the corporation prescribed by these Bylaws.
Section 7.8 President/Chief Executive Officer.
Subject to the control and supervision of the Board, the Presi-
dent shall be the Chief Executive Officer and general manager of the
corporation and shall generally supervise, direct and control the
activities and affairs and the officers of the corporation. The
President, in the absence of the Chairman of the Board, or if there
be none, shall preside at all meetings of the Board. The President
shall have such other powers and duties as may be prescribed by the
Board or these Bylaws.
Section 7.9 Vice -Presidents.
In the absence or disability of the President, the Vice -Presi-
dents, if any, in order of their rank, shall perform all of the
duties of the President, and, when so acting, shall have all the
powers of and be subject to all of the restrictions upon the Presi-
dent. The Vice -Presidents shall have such other powers and perform
such other duties as from time to time may be prescribed for them by
the Board or the Bylaws.
Section 7.10 Secretary.
The Secretary shall keep a full and complete record of the
proceedings of the Board and committees of the Board, with the time
and place of holding, whether regular or special, and if special,
how authorized, the notice thereof given, the names of those present
at Board and committee meetings, and the proceedings thereof. The
Secretary shall keep the Seal of the Corporation and affix the same
to such papers and instruments as may be required in the regular
course of business, shall make service of such notices as required
by these By-laws or as may be proper, shall supervise the keeping of
the books of the Corporation, and shall discharge such other duties
as pertain to the office or as prescribed by the Directors. The
Secretary shall keep or cause to be kept, at the Corporation's
principal office, a copy of the book of minutes, including the
Articles of Incorporation and By-laws.
Section 7.11 Treasurer/Chief Financial Officer.
The Treasurer shall be the Chief Financial Officer of the
Corporation, and shall have charge and custody of all funds of the
Corporation, shall deposit such funds in the manner required by the
Board, shall keep and maintain adequate and correct accounts of the
Page 10 EXHIBIT "B"
PAGE 10 of 15
Corporation's properties an business transactions, shall render
reports and accountings as required, and shall discharge such other
duties as pertain to the office or as prescribed by the Directors.
The books of account shall be open to inspection by any officer at
all reasonable times. The Board may require the Treasurer to give
the Corporation a bond in the amount and with the surety or sureties
specified by the Board for faithful performance of the duties of the
office and for restoration to the Corporation of all of its books,
papers, vouchers, money, on his or her death, resignation, retire-
ment, or removal from office.
ARTICLE VIII
INDEMNIFICATION AND INSURANCE
Section 8.1 Right of Indemnity.
To the full extent permitted by law, this corporation shall
indemnify its Directors, officers, employees and other persons
described in Sections 5238(a) and 7237(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 in connection with
any "proceeding", as that term is used in such Section and including
an action by or in the right of the corporation, by reason of the
fact that such person is or was a person described by such Section.
"Expenses", as used in this Bylaw, shall have the same meaning as in
Sections 5238(a) and 7237(a) of the California Corporations Code.
Section 8.2 Approval of Indemnity.
Upon written request to the Board by any person seeking indem-
nification under Sections 5238(b), 5238(c), 7237(b) or Section
7237(c) of the California Corporation Code, the Board shall prompt-
ly determine whether the applicable standard of conduct has been met
and, if so, the Board shall authorize indemnification. If the Board
cannot authorize indemnification because the number of Directors who
are parties to the proceeding with respect to which indemnification
is sought is such as to prevent the formation of a quorum of Direc-
tors who are not parties to such proceeding, the Board or the attor-
ney or other person rendering services in connection with the de-
fense shall apply to the court in which such proceeding is or was
pending to determine whether the applicable standard of conduct has
been met.
Section 8.3 Advancement of Expenses.
To the full extent permitted by law and except as is otherwise
determined by the Board in a specific instance, expenses incurred by
a person seeking indemnification under these Bylaws in defending any
proceeding covered by these Bylaws shall be advanced by the corpora-
tion prior to the final disposition of the proceeding upon receipt
by the corporation of an undertaking by or on behalf of such person
that the advance will be repaid unless it is ultimately determined
that such person is entitled to be indemnified by the corporation
therefore.
Page 11
EHXIBIT "B"
PAGE 11 of 15
Section 8.4 Insurance for Corporate Agents.
The Corporation shall have the right to purchase and maintain
insurance to the full extent permitted by law on behalf of any agent
of the Corporation, including a Director, Officer, employee or other
agent of the Corporation, against any liability asserted against or
incurred by any officer, Director, employee, or agent in such capac-
ity or arising out of the Officer's, Director's, employee's or
agent's status as such.
ARTICLE IX
RECORDS AND REPORTS
Section 9.1 Annual Report.
Except as provided under Section 6321(c)(d) or (f) of the
California Corporations Code, the Chairman shall furnish a written
report within 120 days after the end of the Corporation's fiscal
year to all of the Directors containing the following information:
(a) The assets and liabilities, including the trust
funds, of this Corporation as of the end of the fiscal year;
(b) The principal changes in assets and liabilities,
including trust funds, during the fiscal year;
(c) The revenue or receipts of this Corporation, both
unrestricted and restricted purposes, for the fiscal year;
(d) The expenses or disbursements of this Corporation,
for both general and restricted purposes during the fiscal year;
(e) The amount and circumstances of any indemnifications
or advances paid during the fiscal year to any Officer or Director
of the Corporation.
The annual report shall be accompanied by a report on the
Corporation by independent accounts or, if there is no such report,
by the certificate of an authorized Officer of the Corporation that
such statements were prepared without audit from the Corporation's
books and records.
Section 9.2 Corporate Records
The corporation shall keep adequate books and records as may be
required by law including, but not limited to:
(a) Minutes in written form of the proceedings of the
Board and committees of the Board.
(b) Adequate and correct books and records of account;
(c) If applicable, a record of its members, giving their
names and addresses and the class of membership held.
Page 12
EXHIBIT "B"
PAGE 12 of 15
Section 9.3 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 and the Corporation's property. The right of inspection
includes the right to copy and make extracts of documents. This
inspection by a Director may be made in person or by an agent or
attorney, and the right of inspection includes the right to copy and
make extracts of documents.
Section 9.4 Inspection by Public.
The Corporation's books, records, documents of every kind shall
be public records available for inspection by the public.
ARTICLE X
AMENDMENTS
Section 10.1 Amendment of Articles of Incorporation.
Proposed amendments to this Corporation's Articles of Incorpo-
ration must be submitted in writing to the Directors at least one
(1) month in advance o.f the Board meeting at which they will be
considered for adoption. A majority of the Directors present at any
meeting shall be required to adopt an amendment to the Articles of
Incorporation.
Section 10.2 Amendments to By-laws.
Proposed amendments to this Corporation's By-laws must be
submitted in writing to the Directors at least one (1) month in
advance of the meeting at which they will be considered for adop-
tion. A majority of the Directors present at any meeting shall be
required to adopt an amendment to the By-laws of the Corporation.
Where any provision of these Bylaws requires the vote of a
larger proportion of the Directors than otherwise is required by
law, such provision may not be altered, amended or repealed except
by the vote of such greater number. No amendment may extend the
term of a Director beyond that for which such Director was elected.
ARTICLE XI
MISCELLANEOUS
Section 11.1 Fiscal Year.
The fiscal year of this Corporation shall end on each year on
June 30.
Section 11.2 Construction of By -Laws.
Unless the context otherwise requires, the general provisions,
rules of construction and definitions in the California Nonprofit
Public Benefit Corporation Law shall govern the construction. of
Page 13 EXHIBIT "B"
FAGE 13 of 15
these Bylaws. Without limiting the generality of the above, the
masculine gender includes the feminine and neuter, the singular
includes the plural and the plural includes the singular and the
term "person" includes both a legal entity and a natural person.
Section 11.3 Prohibited Transactions.
This Corporation shall not make any loan of money or property
to or guarantee the obligation of any Director or Officer; provided,
however, that this Corporation may advance money to a Director or
Officer of this Corporation for expenses reasonably anticipated to
be incurred in performance of the duties of such Officer or Director
so long as such individual would be entitled to be reimbursed for
such expenses absent the advance.
Section 11.4 Compliance with Law
The actions of a Director or Officer shall comport with all
applicable provisions of the Corporations Code, Government Code and
the Public Contracts Code.
CERTIFICATE OF SECRETARY
I, the undersigned, certify that I am the presently elected and
acting secretary of the NATIONAL CITY LIVING HISTORY FARM PRESERVE,
a California Nonprofit Public Benefit Corporation, and the above
Bylaws, are the Bylaws of this corporation as adopted at a meeting
of the Board of Directors held on July 23, 1992.
Executed on July 23, 1992 at San Diego, California.
Ma.JA�-r,dxX,,//r Secretary
Page 14
EXHIBIT "B"
PAGE 14 of 15
INDEX TO BY-LAWS
Amendments
Articles of Incorporation, 13
By -Laws, 13
Committees of Directors
Generally, 8
Meetings, 8
Compliance with Law, 14
Construction of By -Laws, 13
Directors
Non -Liability, 5
Number Authorized, 3
Powers, General Corporate Powers, 2
Powers, Specific Powers, 3
Restrictions, 4
Selection of, Initial Directors, 3
Selection af, Subsequent Directors, 4
Standard of Care, 5
Term of Office, 4
Vacancies in Office, Events Causing, 4
Vacancies in Office, Filling Vacancies, 4
Vacancies in Office, No Reduction, 4
Vacancies in Office, Resignations, 4
Fiscal Year, 13
Indemnification
Advancement of Expenses, 11
Approval of Indemnity, 11
Insurance for Corporate Agents, 12
Right of Indemnity, 11
Insurance, 12
Limitations
Dissolution, 2
Political Activity, 2
Property, 2
Meetings of Directors
Action Without Meeting, 7
Meetings of Directors (continued)
Adjournment, 8
Annual Meeting, 6
Conference Telephone, 6
Other Regular Meetings, 6
Place, 5
Quorum, 7
Special Meetings, 6
Special Meetings, Authority, 6
Special Meetings, Notice, 6
Waiver of Notice, 7
Membership, 2
Name of Corporation, 1
Officers
Chairman of the Board, 10
Described, 9
Election, 9
Other Officers, 9
President/Chief Executive Officer, 10
Removal, 9
Resignation, 9
Secretary, 10
Treasurer/Chief Financial Officer, 10
Vacancies, 9
Vice -Presidents, 10
Other Offices of Corporation, 1
Principal Office of Corporation, I
Prohibited Transactions, 14
Purpose of Corporation, 1
Records and Reports
Annual Report, 12
Corporate Records, 12
Inspection by Directors, 13
Inspection by Public, 13
Page i
EXHIBIT "B"
PAGE 15 of 15
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/commu nitydevelopment/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.
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
COMMON POLICY DECLARATIONS
Renewal of
CLS1511938
SCOTTSDALE INSURANCE COMPANY®
Home Office:
One Nationwide Plaza • Columbus, Ohio 43215
Administrative Office:
8877 North Gainey Center Drive • Scottsdale, Arizona 85258
1-800-423-7675
A STOCK COMPANY
ITEM 1. Named Insured and Mailing Address
NATIONAL CITY LIVING HISTORY FARM
PRESERVE, INC., C/O VINCE REYNOLDS
1243 MANCHESTER STREET
NATIONAL CITY, CA 91950
Agent Name and Address
LA JOLLA PACIFIC INS. AGENCY, INC.
6302 DEL CERRO BLVD,
SAN DIEGO, CA 92120-4703
Policy Number
CPS1025304
Agent No.: 04061 Program No.: NONE
ITEM2. Policy Period From: 08/23/2009
To: 0a/23/2010 Term: 365 DAYS
12:01 A.M., Standard Time at your mailing address.
Business Description: MUSEtYM
In retum for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the
insurance as stated in this policy. This policy consists of the following coverage parts for which a premium is indicated.
Where no premium is shown, there is no coverage. This premium may be subject to adjustment.
Coverage Part(s) Premium
Commercial General Liability Coverage Part $ 1,594
Commercial Property Coverage Part $ NOT COVERED
Commercial Crime Coverage Part $ NOT COVERED
Commercial Inland Marine Coverage Part $ NOT COVERED
Commercial Auto (Business Auto or Truckers) Coverage Part $ NOT COVERED
Commercial Garage Coverage Part $ NOT COVERED
Professional Liability Coverage Part $ NOT COVERED
Total Policy Premium- $ 1,594.00
.225% STAMP FEE $ 3.59
39; STATE TAX $ 47.82
POLICY FEE $ 150.00
INSPECTION FEE $
TOTAL PREMIUM INCLUDING FEES $ 1,795.41
$
Form(s) and Endorsement(s) made a part of this policy at time of issue:
SEE SCHEDULE OF FORMS AND ENDORSEMENTS
09/15/09
LME/YIB
THIS COMMON POLICY DECLARATION AND THE SUPPLEMENTAL DECLARATION(S), TOGETHER WITH
THE COMMON POUCY CONDITIONS, COVERAGE PART(S), COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY,
COMPLETE THE ABOVE NUMBERED POLICY.
OPS-D-1 (12-00)
INSURED opdli . Pap
olicy No
)k SCOTTSDALE INSURANCE COMPANY®
SCHEDULE OF FORMS AND ENDORSEMENTS
CPS1025304
Effective Date.
08/23/2009
12:01 A.M., Standard Time
Named Insured NATIONAL CITY LIVING HISTORY FARM AgentNo 04061
COMMON FORMS
UTS-COVPG 7-09
OPS-D-1 12-00
UTS-SP-2 12-95
UTS-85g 2-98
UTS-365s 2-09
Cover Page
Common Policy Declarations
Schedule Of Forms and Endorsements
Animal Excl
Amend Of Nonpayment Cancel Condition
GENERAL LIABILITY FORMS
CLS-SD-1L 8-01
CLS-SP-1L 10-93
CG 00 01 12-07
CG 00 68 5-09
CG 20 10 7-04
CG 21 44 7-98
CG 21 73 1-08
CG 24 26 7-04
GLS-289s 11-07
UTS-128s 10-07
UTS-246s 9-08
STATE FORMS
GL Supplemental Dec
GL Ext Supplemental Dec
General Liab Cov
Recording/Distribution Of Material/Info
AI -Scheduled Person Or Org
Designated Premises Limitation
Exclusion -Certified Acts Of Terrorism
Amend Of Insured Contract Definition
Known Injury/Dmg Excl-Personal/Advertise Injury
optional Provisions Endt
Amend Endts No Med Pay Excl
CG 32 34 1-05 CA -Changes
UTS-253-CA 1-97 CA -Amendatory Endorsement
POLICYHOLDER NOTICES
NOTX0178CW 2-06 Claim Reporting Information
NOTXOOISCA 2-00 CA -Important Information For Policyholder
NOTS0021CA 1-09 CA -Notice To Insured (SLA-D-2)
ADDITIONAL FORMS
UTS-SP-2 (12-95)
INSURED utssp2h.fap
Jk SCOTTSDALE INSURANCE COMPANY®
ENDORSEMENT
NO
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
CPS1025304
ENDORSEMENT EFFECTIVE DATE
(12.01 A.M. STANDARD TIME)
NAMED INSURED
AGENT NO.
08/23/2009
NATIONAL CITY LIVING HISTORY FARM
04061
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ANIMAL EXCLUSION
This policy does not provide coverage for:
Bodily injury, property damage or medical payments to others, caused by any animal, whether owned or
not owned by any insured.
AUTHORIZED REPRESENTATIVE DATE
UTS-65g (2-99)
INSURED
7
SCOTTSDALE INSURANCE COMPANY®
ENDORSEMENT
NO
ATTACHED TO AND
FORMING A PART OF
NUMBER
ENDORSEMENTEFFECTIVE DATE
(12:01 A.M. STANDARD TIME)
NAMED INSURED
AGENT NO.
CPS1025304
08/23/2009
NATIONAL CITY LIVING HISTORY FARM
04061
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT OF NONPAYMENT CANCELLATION CONDITION
Wherever a Cancellation Condition for nonpayment of premium is found in the policy, the following is
added:
If the insured failed to pay premium charged on a prior policy we issued and payment was due during
the current renewal policy term, we may cancel this policy by mailing or delivering to the first Named In-
sured and mortgagee, if any, written notice of cancellation at least ten (10) days before the effective date of
cancellation.
UTS-365s (2-09)
AUTHORIZED REPRESENTATIVE DATE
Page 1of1
INSURED
J k SCOTTSDALE INSURANCE COMPANY®
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SUPPLEMENTAL DECLARATIONS
Policy No. CP51025304
Effective Date 08/23/2009
Named Insured NATIONAL CITY LIVING HISTORY FARM Agent No.
12:01 A.M., Standard Time
04061
Item 1. Limits of Insurance
Coverage Limit of Liability
Aggregate Limits of Liability
Products/Completed
$ 1, oao, 00o Operations Aggregate
General Aggregate (other than
$ 1, 000, 000 Products/Completed Operations)
Coverage A - Bodily Injury and
Property Damage Liability
Damage to Premises Rented to You Limit
any one occurrence subject
to the Products/Completed
Operations and General
$ 1, 000, 000 Aggregate Limits of Liability
any one premises subject to the
Coverage A occurrence and
the General Aggregate Limits
$ lo0,000 of Liability
Coverage B - Personal and
Advertising Injury Liability
any one person or organization
subject to the General Aggregate
$ 1, 0 00 , 000 Limits of Liability
Coverage C - Medical Payments
any one person subject to the
Coverage A occurrence and
$ s , 0 0 o the General Aggregate Limits
Item 2. Description of Business
Form of Business:
0 Individual 0 Partnership 0 Joint Venture
• Trust 0 Limited Liability Company
Joint Venture or Limited Liability Company)
Organization including a corporation (other than Partnership,
Location of All Premises You Own, Rent or Occupy:
LOC. #1 -- 1808 F AVENUE, NATIONAL CITY, CA 91950
LOC. #2 -- 1845 E STREET, NATIONAL CITY, CA 91950
Item 3. Forms and Endorsements
Form(s) and Endorsement(s) made a part of this policy at time of issue:
See Schedule of Forms and Endorsements
Item 4. Premiums
Coverage Part Premium: $ 1,594
Other Premium: $
Total Premium: $ 1,594
THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND
THE POLICY PERIOD.
CLS-30.1 L (8-01)
.INSURED
clssdile.fap
9
Jk SCOTTSDALE INSURANCE COMPANY®
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXTENSION OF SUPPLEMENTAL DECLARATIONS
Policy No. CPS1025304 Effective Date- 08/23/2009
12:0f A.M., Standard Time
Named Insured NATIONAL CITY LIVING HISTORY FARM Agent No 04061
Prem. No. Bldg. No.
1
Class Code
46427
Exposure
S600 SQ.FT.
Basis
PER 1000 SQ.FT.
Class Description:
MUSEUMS--NOT-FOR-PROFIT
Premises/Operations
Rate
Premium
218.273
$1222.
Products/Comp Operations
Rate
Premium
INCLUDED
INCLUDED
Prem. No. Bldg. No.
2
Class Code
63010
Exposure
1
Basis
PER DWELLING
Class Description:
DWELLINGS - ONE -FAMILY (LESSOR'S RISK ONLY)
(PRODUCTS -COMPLETED OPERATIONS ARE SUBJECT TO THE
GENERAL AGGREGATE LIMIT)
Premises/Operations
Rate
Premium
171.548
$172.
Products/Comp Operations
Rate
Premium
INCLUDED
INCLUDED
Prem. No. Bldg. No.
1 & 2
Class Code
*
Exposure
2
Basis
PER ADDITIONAL INSURED
Class Description:
ADDITIONAL INSURED PER CG2010(07/04)
Premises/Operations
Rate
Premium
100.00
$200.
Products/Comp Operations
Rate
Premium
INCLUDED
INCLUDED
Prem. No. Bldg. No.
Class Code
Exposure
Basis
Class Description:
Premises/Operations
Rate
Premium
Products/Comp Operations
Rate
Premium
CLS-SP-1 L (1 D-93)
INSURED
clssp11d.fap
t0
COMMERCIAL GENERAL LIABILITY
CG 00 68 05 09
RECORDING AND DISTRIBUTION OF MATERIAL OR
INFORMATION IN VIOLATION OF LAW EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Exclusion q. of Paragraph 2. Exclusions of Sec-
tion 1 - Coverage A - Bodily Injury And Property
Damage Liability is replaced by the following:
2. Exclusions
This insurance does not apply to:
q•
Recording And Distribution Of Material
Or Information In Violation Of Law
"Bodily injury" or "property damage" aris-
ing directly or indirectly out of any action
or omission that violates or is alleged to
violate:
(1) The Telephone Consumer Protection
Act (TCPA), Including any amendment
of or addition to.such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such
law;
The Fair Credit Reporting Act (FCRA),
and any amendment of or addition to
such law, including the Fair and Accu-
rate Credit Transaction Act (FACTA);
or
(4) Any federal, state or local statute, ordi-
nance or regulation, other than the
TCPA, CAN-SPAM Act of 2003 or
FCRA and their amendments and ad-
ditions, that addresses, prohibits, or
limits the printing, dissemination, dis-
posal, collecting, recording, sending,
transmitting, communicating or distri-
bution of material or information.
(3)
B. Exclusion p. of Paragraph 2. Exclusions of Sec-
tion I - Coverage B - Personal And Advertising
Injury Liability Is replaced by the following:
2. Exclusions
This insurance does not apply to:
p-
Recording And Distribution Of Material
Or Information In Violation Of Law
"Personal and advertising injury" arising
directly or indirectly out of any action
or omission that violates or Is alleged to
violate:
(1) The Telephone Consumer Protection
Act (TCPA), including any amendment
of or addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such
law;
The Fair Credit Reporting Act (FCRA),
and any amendment of or addition to
such law, including the Falr and Accu-
rate Credit Transaction Act (FACTA);
or
(4) Any federal, state or local statute, ordi-
nance or regulation, other than the
TCPA, CAN-SPAM Act of 2003 or
FCRA and their amendments and ad-
ditions, that addresses, prohibits, or
limits the printing, dissemination, dis-
posal, collecting, recording, sending,
transmitting, communicating or distri-
bution of material or information.
(3)
CG 00 68 05 09 Copyright, Insurance Services Office, Inc., 2008 Page 1 of 1
INSURED
t°i
POLICY NUMBER: cPs1o25304 COMMERCIAL GENERAL UASIUTY
CG 21 44 07 98
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITATION OF COVERAGE TO DESIGNATED
PREMISES OR PROJECT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Premises:
LOC. #1 -- 1808 F AVENUE, NATIONAL CITY, CA 91950
LOC. 42 -- 1845 E STREET, NATIONAL CITY, CA 91950
Project:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
This insurance applies only to "bodily injury", "property damage', "personal and advertising injury' and medical
expenses arising out of:
1. The ownership, maintenance or use of the premises shown in the Schedule and operations necessary or
incidental to those premises; or
2. The project shown in the Schedule.
CG 21 44 07 98
Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1
INSURED
_)k SCOTTSDALE INSURANCE COMPANY
ENDORSEMENT
NO
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
I� 2e1 A.M.STANDARD TIM E
NAMED INSURED
AGENT NO.
CPS1025304
08/23/2009
NATIONAL CITY LIVING HISTORY FARM
04061
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OPTIONAL PROVISIONS ENDORSEMENT
The following special provisions (indicated by an "X") apply to this policy.
SCHEDULE
❑ Bodily Injury, Property Damage, Personal Injury and Advertising Injury Liability Deductible
Endorsement
Coverage
Amount and Basis of Deductible
Bodily Injury Liability
$
per claimant
Property Damage Liability
$
per claimant
Personal and Advertising injury Liability
$
per claimant
® Service of Suit Clause
Service of Process will be accepted by: COMMISSIONER OF INSURANCE
45 FREMONT, 23RD FLOOR, SAN FRANCISCO, CA 94105 ,and
Service of Process will be mailed to: PHYLLIS THOMPSON, TRANS CAL ASSOCIATES
3800 WATT AVE, STE 110, P 0 BOX 214129, SACRAMENTO,CA 95821
El Minimum and Advance Premium Endorsement
Minimum Premium 100
%.
NI Minimum Earned Cancellation Premium
Minimum Earned Cancellation Premium 25 % of the advance premium.
GLS-94s (12-99)
BODILY INJURY, PROPERTY DAMAGE, PERSONAL INJURY AND ADVERTISING
INJURY LIABILITY DEDUCTIBLE ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
APPLICATION OF ENDORSEMENT
Enter below any limitations on the application of this
endorsement. If no limitation is entered, the deductibles
apply to damages for all "bodily injury," "property
UTS-128s (10-07)
damage," "personal and advertising injury," ("personal
injury" and "advertising injury") however caused:
NO LIMITATIONS
1. Our obligation under the Bodily Injury Liability,
Property Damage Liability, Personal and Advertising
Includes copyrighted material of ISO Properties, Inc., with its permission.
Copyright, ISO Properties, Inc., 2007
Page 1 of 3
INSURED uts128-i_fap Z�
09/02/2010 14:23 6192658795
LA JOLLA PACIFIC
PAGE 02/03
POLICY NUMBER: CPS1230384
COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person(s)
Or 0 , anizatlon s
CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD.
NATIONAL CITY, CA 91950
Locatlon(s) of Covered Operations
STATE OF CALIFORNIA
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to in-
clude as an additional insured the person(s) or or-
ganization(s) shown In the Schedule, but only with
respect to liability for "bodily injury", "property dam-
age" or "personal and advertising injury' paused, In
whole or In part, by.
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above.
B. With respect to the insurance afforded to these ad-
ditional insureds, the following additional exclu-
sions apply:
This insurance does not apply to "bodily Injury" or
"property damage" occurring after:
1. All work, including materials, parts or equip-
ment furnished In connection with such work,
on the project (other than service, mainte-
nance or repairs) to be performed by or on be-
half of the additional insured(s) at the location
of the covered operations has been com-
pleted; or
2. That portion of "your work' out of which the in-
jury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a princi-
pal as a part of the same project.
CG 2010 07 04 Copyright, ISO Properties, Ina, 20D4 Page 1 of t
n/L12/2b1LI '14:23 b] 2bbl3/`J5 LA JULLA NAC:1F1J
HA(±. U3/n
POLICY NUMBER: cPs123o384
COMMERCIAL GENERAL LIABILITY
CC20100704
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL. GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Persons)
Or Oganization(9)
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD-
NATIONAL CITY, CA 91950
Location(s) of Covered Operations
STATE OF CALIFORNIA
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured Is amended to in-
clude as an additional Insured the person(s) or or-
ganization(s) shown in the Schedule, but only with
respect to liability for "bodily injury", "property dam-
age" or "personal and advertising Injury" caused, in
whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above.
CG20100704
B. With respect to the insurance afforded to these ad-
ditional insureds, the following additional exclu-
sions apply:
This insurance does not apply to "bodily Injury" or
"property damage" occurring after:
1. All work, including materials, parts or equip-
ment furnished in connection with such work,
on the project (other than service, mainte-
nance or repairs) to be performed by or on be-
half of the additional insured(s) at the location
of the covered operations has been com-
pleted; or
2. That portion of "your work" out of which the in-
jury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged In performing operations for a princi-
pal as a part of the same project.
Copyright, ISO Properties, Inc., 2004 Page 1 of 1
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:
Mich el R. Dalla, ity Clerk
APPROVED AS TO FORM:
George H. Eiser, 111
City Attorney
Exhibit A
HUD IDIS
Fiscal Activity
Year Number
302
2001 335
2004 489
2005-491'
2005 497
2007 538
2007 540
2007 541
2007 544
2007 545
2007 548
2008 554
2008 557
2008 558
2008 562
2008 566
2009 583
TOTAL AMOUNT F
Final Reallocation to FY2010-2011 from Previous Year CDBG Activities
Activity Name
j:i0i*f04000k0f:Sreet Uqtits
Reinstallation of Sreet Lights*
Code Eriforcement Pilot Prugram
Street Lights
Fire Apparatus -Radios and Equipment
National City Library Literacy Services
•:.HIATOUth.$0001100ROIgt„aftei5F-V!::E55.0]!;!
Code Enforcement
Beck Fire Truck
Rescue quipment
Neighborhood Councils Program
Commuruty Food Bank
Tiny Tots
National City Ltbrary Literacy Serves
Seagraves Fire Truck -Fifth Payment
Chrtstmas
Community Food Bank- Walk in Cooler
OR REALLOCATION FOR FISCAL YEAR
Total Funded Drawn Amount
50,000.00 35,000.00
25,000.00
47,000.00 40,161.05
47,250.00 44,447.79
120,928.97 100,188_13
78,453.00 78,452.88
103,232.00 100,530.89
24,736.50 22,953.05
60,116.00 60,115.56
13,000.00
2010-2011
Reallocable
Funds
15,000.00
- 25,000.00
6,82309
6,838.95
31,19050
782:48:2:5241 3
20,740.84
0.12
2,701.11
1,783.45
0.44
7,06000
13,000.00
236,079.50
Page 1 of 1
Exhibit B
Fiscal Year 2010-2011 National City CDBG and HOME Final Allocation
FY 2010�201
ram Entitlement of $1,188,660;,w
of $ 3Ei 080'from `previous year GDBG funs
'1,424,740.00
BG PUBLIC SERVICES K,
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
$ 8,000.00
9
Trauma Intervention Programs of San
Diego County, Inc.
Crisis Intervention Team
Total Public Seivice Activities$
264;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
90
$ 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,
5, 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
GL►BO-' 4 4$140 AbMINISSTRATIflN
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
$ 15,000.00
Administration
$ 193,608.00
23
Fair Housing Council of San Diego
Fair Housing and Tenant -Landlord Education Services
$ 38,000.00
$ 155,608.00
24
City of National City - Community
Development Department
CDBG Program Administration
Total Planning and Administration"
219,947.00
FY 2010-2011HOME Invesimei t Partnerships
N itIement _
(HOME) Program
636 17.00
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
1 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 q`
'c3 ". -1
MEETING DATE: May 4, 2010
AGENDA ITEM NO. 16
STEM 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 DEPARTMENT: Community Development
PHONE: (619) 336-4391 APPROVED BY:
EXPLANATION:
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:
l�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:
No. a43\0 • Q%
4 CALIFORNIA
NATIO
- Intro RPORAT
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Dalla, CMC - City Clerk
619-336-4228 phone • 619-336-4229 fax
NATIONAL CITY LIVING HISTORY FARM PRESERVE, INC.
Resolution No. 2010-88
CDBG 2010 - 2011
Structural Engineering Report / Feasibility Study
for Preservation of the Stein Farm Barn
Carlos Aguirre (Housing & Grants) Forwarded
Copy of Agreement to Subrecipient