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Home My WebLink About2011 CON Fair Housing Council of San Diego - CDBG 11-12 Sub-RecipientAGREEMENT BETWEEN CITY OF NATIONAL CITY AND THE FAIR HOUSING COUNCIL OF SAN DIEGO FOR FAIR HOUSING AND TENANT -LANDLORD EDUCATION SERVICES THIS AGREEMENT, entered this 1st day of July, 2011 by and between the City of National Citv (herein called the "Grantee") and The Fair Housing Council of San Diego (herein called the "Subrecipient.") WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; SCOPE OF SERVICE A. Activities: The Subrecipient will be responsible for administering the program titled, Fair Housing and Tenant -Landlord Education Services 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 the level of project and 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 15C day of July, 2011 and end on the 30th day of June of 2013. 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, attached as Exhibit B and Subrecipient Agreement Page l of 14 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 Thirty Eiaht Thousand Dollars ($38.000.00). Drawdowns for the payment of eligible expenses shall be made against the Budget line items specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the Budget line items 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: Mary Scott Knoll Organization: City of National City Organization: The Fair Housing Council of San Diego Address: 1243 National City Boulevard National City, CA 91950-4301 Address: 625 Broadway Ste. 811 San Diego, CA 92101 Telephone: (619) 336-4391 Telephone: (619) 699-5888 ext. 203 Email: caguirre©nationalcityca.gov Email: msk©fhcsd.com VI. GENERAL CONDITIONS A. General Compliance: The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. "Independent Contractor": Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. C. Hold Harmless: The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. Subrecipient Agreement Page 2 of 14 D. Workers' Compensation: The Subrecipient shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the Grantee and its elected officials, officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the Grantee or its elected officials, officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the Grantee under this Agreement. Insurance & Bonding: The Subrecipient, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies attached as Exhibit F: ❑ 1. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 2. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). 3. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. 4. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of Subrecipient's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the Grantee. Said endorsement shall be provided prior to commencement of work under this Agreement. 5. The aforesaid policies shall constitute primary insurance as to the Grantee, its officers and employees, so that any other policies held by the Grantee shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the Grantee of cancellation or material change. 6. Said policies, except for the professional liability and workers' compensation policies, shall name the Grantee and its elected officials, officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. 7. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the Subrecipient shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 8. Any aggregate insurance limits must apply solely to this Agreement. 9. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 10. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City Risk Manager. If the Subrecipient does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the Grantee may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 11. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the Grantee. Subrecipient Agreement Page 3 of 14 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 case of a partial termination, the Grantee determines that the remaining portion of the Subrecipient Agreement Page 4 of 14 award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. Grantee and sub -recipient agree to provide written notice to the other party thirty (30) days prior to the effective date of any termination, in whole or part, for convenience. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards: The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles: The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping 1. Records to be maintained: The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention: The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four- year period, whichever occurs later, 3. Client Data: The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 4. Disclosure: The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by the State and for Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs: The Subrecipient's obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets Subrecipient Agreement Page 5 of 14 (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 and Corporate 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 balance 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 the approved Budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient. 4. Progress Reports: The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee. D. Procurement: 1. Compliance: The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non - expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement. Subrecipient Agreement Page 6 of 14 2. OMB Standards: Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. 3. Travel: The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets: The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement [or such longer period of time as the Grantee deems appropriate]. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the Grantee deems appropriate]. 3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. VIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. [The Grantee may preempt the optional policies.] The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG- assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. IX. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance: The Subrecipient agrees to comply with local and state civil rights ordinances here and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Subrecipient Agreement Page 7 of 14 2. Nondiscrimination: The Subrecipient agrees to comply with the non- discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA•are still applicable. 3. 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 hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Subrecipient Agreement Page 8 of 14 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement: The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions: The Subrecipient will include the provisions of Paragraphs IX.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity: The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards: The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance: Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements, The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the Subrecipient Agreement Page 9 of 14 greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications: The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts: The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability: The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts: a. Approvals: The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. b. Monitoring: The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient Agreement Page 10 of 14 c. Content: The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process: The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. 3. Hatch Act: The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest: The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. 5. Lobbying: The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and Subrecipient Agreement Page 11 of 14 cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying Certification: This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright: If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Activities: The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. X. ENVIRONMENTAL CONDITIONS A. Air and Water: The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: • Clean Air Act, 42 U.S.C. , 7401, et seq.; • Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; • Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection: In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint: The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation: The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. Subrecipient Agreement Page 12 of 14 XI. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. XII. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. XIII. WAIVER The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XIV. INTERPRETATION OF THE AGREEMENT The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. The Agreement does not limit any other rights or remedies available to the Grantee. The Subrecipient 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 Corporate Bylaws Exhibit D-Technical Assistance Materials Exhibit E-Affirmative Action Policy Exhibit F-Insurance Subrecipient Agreement Page 13 of 14 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. City of National City Morrison Mayor, City of National City ED AS TO Cla ". is G. Sil City Attorney ATTEST Mich. el Dalla City Clerk The Fair Housing Council Of San Diego Knoll Director Subrecipient Agreement Page 14 of 14 EXHIBIT A - Scope of Services BACKGROUND The publication of the new Consolidated Submission, regulations for Community Planning and Development programs, dated January 5, 1995, set forth significant new program requirements with regard to the long-standing obligation of entitlement communities under Section 808 (e)(5) of the Fair Housing Act to "affirmatively further fair housing." Entitlement localities like the City of National City (Grantee or City) who seek funds through the Consolidated Submission Procedure are now required to certify that the city will engage in fair housing planning, namely: (1) conduct, at the beginning of each five-year cycle, an Analysis of Impediments to fair housing choice; (2) carry out actions to overcome the effects of identified impediments; and (3) maintain records and make available information and reports including the analysis of impediments to document actions undertaken to eliminate identified impediments. U.S. Department of Housing and Urban Development (HUD) - Technical Advisory Letter- July 11, 1995. (Advisory) 1. PROJECT OFFICE Contractor will maintain an office and mailing address at 625 Broadway, Suite 8114, and San Diego, CA. This office will maintain office hours Monday -Thursday 7:30 a.m. to 5:00 p.m. and & 9:00- 12:00 p.m. Friday. Site locations in National City for meetings with residents will be established on a case -by case basis as needed; Outreach and Education activities will be conducted at local National City sites 2. TARGET POPULATION/GEOGRAPHICAL AREA- The project will serve approximately 425 low to moderate income clients as primary clients providing education about or enforcement of their housing civil rights. These primary clients will include by not be limited to: seniors; a diverse population of persons from various minority/ethnic groups, persons with disabilities and other persons who are members of other "protected" classes under fair housing laws. However, pursuant to the requirements for funded programs under the U. S. Department of Housing and Urban Development's (HUD) protocol, any citizen who alleges interference with housing rights based upon discriminatory activity will be served. Additional thousands will be served through outreach and education strategies (i.e. PSAs; email blasts, etc) to be implemented under this contract. 3. ELIGIBILITY CRITERA Contractor certifies that the activities to be conducted will meet the Presumed Benefit National Objective of the federal Department" HUD CDBG Entitlement Program, as defined in Title 24CFR 570.208. The project will offer services that are eligible under Fair Housing Eligible Activity, as defined in 24CFR 570..200 to 570.207 4. PROJECT GOAL Provide outreach education and enforcement (including testing where funded) services that are comprehensive in nature to address the noted impediments for Fair Housing in the City; Accept and investigate complaints alleging illegal housing discrimination based on federal, state and local fair housing laws . 5. PROJECT SERVICES -The project services which are outlined below have been formulated and aligned with the legitimate (actually related to fair housing rights and responsibilities) findings of the Analysis to Impediments (Al) found in all analyses completed to date for the City of National City and the San Diego region. including for the years 2000, 2005 and 2010. Moreover this scope of work will serve as the jurisdiction's responsive (to Al findings) Fair Housing Action Plan. The Fair Housing Action Plan is performance and outcome -based pursuant to Al recommendations. The Fair Housing Council has organized its services in a continuum of ten service areas/activities —Advocacy-Outreach-Education (General) -Education (Special) Technical Assistance (General)- Technical Assistance (Special)- Enforcement -Housing Discrimination Monitoring- Advance Supportive Public Policy Development/Complete Discrimination Research and Build Associations, Collaborations and Coalitions All services are designed and implemented to address each of the impediment findings that are within the scope and authority of a community based non-profit agency such as FHCSD. 1 The Fair Housing Council of San Scope of Work & Fair Housing Action Plan City of National City JULY 2011-JUNE 2012 IMPEDIMENT & YEAR OF ASSESSMENT REGIONAL Al (RAI) GOALS TEN COMPONENT CONTINUUM OF ACTIVITIES, STRATEGIES AND SERVICES TO MEET THE GOALS RESPONSIBLE ENTITIES PERFORMANCE BENCHMARK & EXPECTED OUTCOME(S) PROPOSE D INVESTME NT 1.Housing Choices for persons with disabilities are limited (RAI 2000/2005/2010) To raise the awareness of the general community and other important stakeholders who will influence the outcome of housing for persons with disabilities, about applicable laws as provided under federal and state fair housing laws ADVOCACY- Serve as the community voice speaking to urge achievement of equal housing opportunity for all qualified housing consumers in the San Diego city/region in the diverse but connected housing field(s) of housing rentals, sales, property insurance, mortgage lending, and housing development, including building of accessible housing units. The Fair Housing Council of San Diego on behalf of the City of National City PERFORMANCE 1. Advocate, per 2010 Al —for (a) universal design ordinance where there is an opportunity; (Attend meeting(s) or write Op. Ed or Newsletter Minimum of 1X) OUTCOME -Incremental programmatic moves towards adaptation of universal design in new construction 2.Economically and racially or/minority concentrated areas are isolated from jobs, government health and social service programs and residents often live in less desirable housing (2000); There are strong correlations between income, race/ethnicity and concentrations of low and moderate To foster positive real estate practices which will promote equal housing opportunity in the region and broaden range of housing choice for qualified home seekers in the private and public housing markets to reduce isolation identified as an impediment and in accordance with fair housing laws ADVOCACY — (Supra) The Fair Housing Council of San Diego on behalf of the City of National City PERFORMANCE 1. Advocate to decision makers at City Council and/or housing development of public housing authority to create, fund and maintain de -concentration — housing mobility programs with built-in monitoring component for monitoring for fair housing compliance; 2. Meeting with Ex. Dir of NC Public Housing Authority (1X )_ OUTCOME -Increase of awareness among the decision makers about the need to support a housing mobility program operated by the FHCSD; Also 2 income populations (RAI 2010) To assist HUD families with housing vouchers to move to less poverty impacted neighborhoods/areas via housing mobility programs with a built-in fair housing monitoring component. an awareness of the relationship between de -concentration to jobs, housing & transportation strategies in all housing efforts and in Housing Element and Consolidated Plan balance 3.. Housing To advocate for: public ADVOCACY — (Supra) The Fair Housing PERFORMANCE- Outreach- N/A affordability for policy development Council of San I. Design and disseminate one (1) those who are or that is support of Diego on behalf flyers specific to the fair were formerly affordable housing of the City of housing rights of persons using homeless is challenging from an economics standpoint and this demographic group may encounter fair housing issues when landlords refuse to rent to formerly homeless persons goals of the City National City homeless shelters in FaIINVinter 2011-12 OUTCOME A greater connection between fair housing center and homeless programs to better address the issues of housing discrimination that may be the cause of families becoming homeless or in support of recently homeless families re-entering the housing market 4.Approximately To raise the awareness OUTREACH- Proactively reach The Fair Housing PERFORMANCE- 38% of of the housing out to a diverse, City/region-wide Council of San Outreach - respondents do not consumer and other population to increase Diego on behalf 1. Publish outreach ad in know where to go important stakeholders awareness concerning equal of the City of PennySaver (12x) ; also if to report complaints who will influence the access to housing and National City funds are available, run PSAs ( RAI 2005) outcome of fair housing awareness as to where to look in other publications i.e. Voice 28% of and related HUD fair for information, education and and Viewpoint/La respondents do not know where to go to report complaints housing goals enforcement assistance relating to same Prensa/Asian Language news (4x); Air outreach program on UNIVISION Television network (RAI 2010) (1X) during National Fair Residents commented on confusion regarding fair housing services & which Housing month; 2. Maintain and update FHCSD WEB Page- (Monthly) Outreach/Education-General 1. Maintain telephone hotline as agency is responsible for what types of services. (RAI 2010) dual function -determine jurisdictional basis for complaint in take; (8760 hours of telephone hotline service) 2 Educate/refer caller needing different fair housing resource or with a non-discrimination issue (Daily) OUTCOME -Increase of awareness among the community in general about fair housing rights and responsibilities and about location of available fair housing resources and qualified fair housing service provider 5. The language To raise the awareness OUTREACH -(Supra) The Fair Housing PERFORMANCE - and cultural of the housing Council of San Outreach - diversity barriers consumer,( assisting EDUCATION —GENERAL Diego on behalf 1. Disseminate outreach and naturally them to overcome PROGRAMS — Provide a menu of the City of educational flyers, newsletters associated with the language barriers) the of multi-lingual services to National City and other printed materials in region's growing population and changing general public and other important stakeholders who will increase knowledge base concerning fair housing rights, responsibilities and remedies for multiple languages including, but not limited to: Hmong; Tagalog: Chinese; demographic profile influence the outcome a variety of groups in a diverse Vietnamese; Spanish; Arabic: may present of fair housing and population Somali: Amharic; and English impediments to public outreach and education about fair housing ( RAI 2000) related housing goals (12 X) Education -General - 1. Maintain telephone hotline as dual function- (8760 hours of telephone hotline) service Language barriers can be an mpediment to iaccessing housing of choice (RAI 2010) 2. Outreach/educate & determine jurisdictional basis for complaint in take; 3. . Educate/refer caller with a non-discrimination issue Educational and outreach literature regarding fair housing issues, (Daily) (undetermined #) 4. Produce and Disseminate outreach and education materials in English, Spanish, 4 rights and services on websites or a public counters is limited (RAI 2005) Asian, African and other languages reflecting San Diego' diverse population (Distribute 3000+ multi-lingual materials via physical/electronic distribution process)/others, per monthly schedule, in traditional service delivery approach 5. Present workshop, seminars or other presentation for community based agency clients/housing consumers; bi monthly/Six (6). OUTCOME -Increase of awareness among the community in general about fair housing rights and responsibilities and available fair housing resources and qualified fair housing service provider 6.Housing To raise the awareness OUTREACH -EDUCATION- The Fair Housing PERFORMANCE - providers who hold of the housing GENERAL (Supra) & Council of San Outreach - themselves out as provider, who meet the ENFORCEMENT- Receive and Diego on behalf 1. Create and maintain a list of senior housing unit needs for seniors investigate discrimination of the City of senior housing programs as but who are really housing achieve complaints and resolve through: National City subject of targeted outreach trying to avoid required compliance education; counseling; ( Quarterly) renting to families with fair housing laws conciliation; or referral to an 2. Target area Senior Housing with children pose through fair housing enforcement entity- providers to receive flyer problems and impediments to fair housing choice (RAI 2000) education concerning disability, age - based exemption for housing operations under fair housing laws and rights of grandparents raising children (Quarterly) Education- 1. Maintain telephone hotline to provide consumer education 2. Provide consumer education to walk-ins 3. Respond to callers and walk- 5 ins within 48 hours 4. Forward informational flyer concerning compliance measures for senior complexes under age restrictions for 55/62 ( including all senior centers in the City) Enforcement- 1. Through the complaint process, complete intake and investigate allegations where fictitious senior complexes are targeted for complaint brought by "protected class" member and cases is ripe for complaint or conciliation process or for other fair housing complaints filed by families with children OUTCOME- A decrease in the friction between families with children and seniors who seek the same low income housing opportunities; intake of bona -fide housing discrimination cases involving false claims of senior housing status 7.Housing To raise the awareness ENFORCEMENT THROUGH The Fair Housing PERFORMANCE- N/A advertisements in of the housing HOUSING DISCRIMINATION Council of San Enforcement - the private, public advertisers, general MONITORING FOR FAIR Diego on behalf 1. Monitor, periodically, all print and affirmative community and other HOUSING COMPLIANCE of the City of and Internet housing marketing arenas important stakeholders Provide appropriate support National City advertising to discern unlawful that send concerning unlawful programs for housing advertisers advertising; pay particular preferential fair housing advertising to foster comprehensive fair attention to Roommates.com restrictive and effective housing compliance through and Craig's List, Also monitor messages to the ordinary reader act as potential impediments to fair housing choice compliance strategies industry practices that are consistent with fair housing laws and regulations. local rental magazines and other publications (Monthly) OUTCOME Limited incidence of discriminatory advertisements in print media and on Internet (RAI 2000) 6 8.Discriminatory responses to the renter/home buyer, bank loan applicant or property insurance shopper are impediments to fair housing choice To provide and facilitate, access to enforcement assistance where bona -fide complaint of fair housing is received and verified through the FHCSD intake EDUCATION —SPECIAL PROGRAMS- Present Laws and Litigation Conference, annually, where supported through non- CDBG funds., with sessions on mortgage lending compliance as training activity ENFORCEMENT Screen for The Fair Housing Council of San Diego on behalf of the City of National City PERFORMANCE - EDUCATION- 1. Present mortgage lending and insurance training at annual conference where funds can be garnered from non-CDBG/ private industry resources (1X) ENFORCEMENT and potential violations (RAI process jurisdictional questions; intake, investigate, and complete 1. -Intake, investigate, and complete enforcement referrals 2000) enforcement referrals of fair housing complainants of fair housing complainants that have bona -fide issue of mortgage/.insurance violation(s) (Case by case basis) OUTCOME -Improve levels of understanding respecting fair housing compliance in mortgage lending and insurance field(s) 9. Small property To raise the awareness TECHNICAL ASSISTANCE The Fair Housing PERFORMANCE - owners may not be of the housing (GENERAL) - Provide Council of San Technical Assistance aware of current provider, general appropriate support programs for Diego on behalf 1. Maintain telephone hotline as laws (RAI- community and other housing providers to foster of the City of dual function -determine 2000/2005/2010) important stakeholders comprehensive fair housing National City jurisdictional basis for who will influence the compliance through industry complaint in take; (8760 outcome of fair housing practices that are consistent with hours of telephone hotline and related housing goals through fair housing education and compliance assistance fair housing laws and regulations. 2. Provide post complaint, specialized training per request of the California State Department of Fair Employment and Housing. (on a case by case basis); Education 1. Offer training at annual conference for small property owners (1X) OUTCOME An increased awareness about the fair housing responsibilities of property owners; 7 Increase compliance with state/federal fair housing laws 10. Where supported by evidence, the To help real estate, property managers, lenders and property ENFORCEMENT THROUGH COMPLAINT SCREENING INTAKE, INVESTIGATION The Fair Housing Council of San Diego on behalf PERFORMANCE- Enforcement - 1. Provide conciliation and/or N/A failure of a housing industry professionals AND RESOLUTION Receive of the City of complaint filing services as provider to grant achieve increased and investigate discrimination National City needed (on case by base requests for levels of voluntary complaints and resolve through: basis) reasonable compliance with fair education; counseling; Outcome accommodations and modifications for a person with disabilities amounts to a fair housing impediment and a potential violation housing requirements; conciliation; or referral to an enforcement entity -California State Department of Fair Employment and Housing, U. S. Department of Housing and Urban Development, or a private attorney Increase in the number of cases that are conciliated successfully in gaining reasonable accommodations for persons with disabilities (RAI 2000) 11. Discrimination To provide educational OUTREACH -EDUCATION & The Fair Housing PERFORMANCE - against people with assistance for persons ENFORCEMENT THROUGH Council of San Education - disabilities has with disabilities about COMPLAINT SCREENING Diego on behalf 1. Prepare and disseminate become an fair housing protections INTAKE, INVESTIGATION of the City of targeted educational flyers for increasing fair housing concern, which is supported under the law AND RESOLUTION Receive and investigate discrimination complaints and resolve through: National City persons with disabilities ( Quarterly) by general To provide and education; counseling; Enforcement - literature, statistical facilitate, access to conciliation; or referral to an 1. Provide conciliation and/or data, cases filed enforcement enforcement entity -California complaint filing services as with DFEH, and assistance where State Department of Fair needed (on case by base recent audits conducted in the bona -fide complaint of fair housing is received Employment and Housing, U. S. Department of Housing and basis) region (RAI 2010) and verified through the FHCSD intake process Urban Development, or a private attorney OUTCOME An increase bona -fide housing discrimination complaints filed; Less public confusion about the differences between landlord -tenant and housing discrimination laws and how they apply; More self -advocacy and less 8 dependency on public agencies for solutions; 12.Discriminatory To provide and ENFORCEMENT COMPLAINT The Fair Housing PERFORMANCE - responses to the facilitate, access to SCREENING Council of San Enforcement- renter/home buyer, bank loan applicant enforcement assistance where INTAKE, INVESTIGATION AND RESOLUTION Receive Diego on behalf of the City of 1. Intake, investigate, and complete enforcement referrals or property bona -fide complaint of and investigate discrimination National City of fair housing complainants insurance shopper fair housing (mortgage complaints and resolve through: that have bona -fide issue of are impediments to lending or insurance education; counseling; mortgage/.insurance violation(s) fair housing choice discrimination) is conciliation; or referral to an (Case by case basis) and potential received and verified enforcement entity -California violations (RAI through the FHCSD State Department of Fair OUTCOME 2000) intake process Employment and Housing, U. S. An increased willingness among Mortgage Lending . Department of Housing and mortgage lenders to operate in rejection rates re To increase the levels Urban Development, or a private accordance with fair housing laws higher for of fair housing attorney minorities, specifically Hispanics and African Americans compliance among mortgage lenders A decrease in the numbers of discriminatory home mortgage loan rejections to qualified minority homebuyers (RAI 2000) Hispanics and Blacks continue to be under- represented in the homebuyer market, and experience large disparities in loan approval rats among the 19 jurisdictions (RAI A decrease in the numbers of qualified home purchase applicants who are referred to the sub -prime markets An increase in the incidence of voluntary and self -training among industry professionals and associations 2005) Specifically, low and moderate income Black loan applicants achieved significantly lower approval rats than White applicants at the same income 9 level (2010 RAI) 13.Local audits To provide and ENFORCEMENT THROUGH PERFORMANCE - document differential facilitate, access to COMPLAINT SCREENING Enforcement - treatment of enforcement INTAKE, INVESTIGATION 1. Intake, investigate, and Hispanics, African assistance where AND RESOLUTION Receive complete enforcement Americans and bona -fide complaint of and investigate discrimination referrals of fair housing families with children fair housing is received complaints and resolve through: complainants that have bona - in the rental housing and verified through education; counseling; fide issue of marketplace (RAI the FHCSD intake conciliation; or referral to an mortgagel.insurance 2000) Housing process enforcement entity- violation(s) (Case by case basis) Discrimination persists throughout the County which is supported by general literature, statistical data, cases filed with OUTCOME - An increase in receipt bona -fide housing discrimination complaints filed on the basis of familial status, race and national origin; DFEH, and recent testing (RAI 2010) Less public confusion about the differences between landlord -tenant and housing discrimination laws and how they apply; More self -advocacy and less dependency on public agencies for solutions; 14. Local audits To provide and ENFORCEMENT THROUGH The Fair PERFORMANCE - document facilitate, access to COMPLAINT SCREENING Housing Council Enforcement - differential enforcement INTAKE, INVESTIGATION of San Diego on 1. Intake, investigate, and treatment of assistance where AND RESOLUTION Receive behalf of the City complete enforcement referrals Hispanics and bona -fide complaint of and investigate discrimination of National City of fair housing complainants African Americans fair housing is received complaints and resolve through: that have bona -fide issue of in a citywide ( City and verified through education; counseling; discrimination in housing sales of San Diego) the FHCSD intake conciliation; or referral to an (Case by case basis) sales audit (RAI process enforcement entity- OUTCOME 2000) Note: Not An increase in the number of informed, bona -fide housing discrimination complaints filed directly applicable to conditions in City of National City More general compliance with fair housing laws in the region I0 Fewer segregated neighborhoods in the City of National City and the San Diego region over the long term More general compliance with fair housing laws in the region 15. Relying on To implement testing COMPLETE DISCRIMINATION The Fair PERFORMANCE - complaint driven testing is not an audits which measure the levels of fair RESEARCH: Participate in local, regional and national (HUD Housing Council of San Diego on TESTING 1. Conduct Audit and complaint - accurate way of housing compliance funded) or other funded housing behalf of the City based test (on a case by case ensuring fair and establish trends discrimination audits. of National City basis) as designated funds (in housing in a and patterns that can excess) of core CDBG funds ) community be addressed through are made available by the City because residents other services such s of National City to support are unaware of where or how to report fair housing complaints Entitlement jurisdictions should consider setting aside funding for fair housing audits in 2011 and every two years thereafter. outreach, education and enforcement testing Outcome- Will meet the recommendation of the 2010 Al that jurisdiction complete audit, along with complaint -based testing as the mixed type of testing that needs to be carried out. 16.AII studies To educate the public EDUCATION- (SUPRA) The Fair PERFORMANCE - acknowledge that and provide and ENFORCEMENT TROUGH Housing Council Education - housing facilitate, access to COMPLAINT SCREENING of San Diego on 1. Target outreach to single discrimination is enforcement INTAKE, INVESTIGATION AND behalf of the City family/female headed programs more pronounced assistance where RESOLUTION Receive and of National City (i.e. Head Start) with fair among single bona -fide complaint of investigate discrimination housing rights information heads of fair housing is received complaints and resolve through: (Quarterly) households, especially minority and verified through the FHCSD intake education; counseling; conciliation; or referral to an Enforcement - females (RAI 2000) process; enforcement entity- 1. Intake, investigate, and complete enforcement referrals of fair housing complainants I that have bona -fide issue of mortgage/.insurance violation(s) (On case by case basis) OUTCOME - Education -Increased public awareness among the community in general about fair housing rights and responsibilities Enforcement- On a case by case basis, relief from housing discrimination violations will be achieved through conciliation or complaint filing 17. Property To foster, promote and ENFORCEMENT THROUGH The Fair PERFORMANCE - insurance increase COMPLAINT SCREENING Housing Council Enforcement - "redlining" or consumer/home INTAKE, INVESTIGATION of San Diego on 1. Intake, investigate, and discriminatory coverage seeker, provider/homeowner AND RESOLUTION Receive and investigate discrimination behalf of the City of National City complete enforcement referrals of fair housing complainants provisions/terms by and property manager complaints and resolve through: that have bona -fide issue of property insurers awareness of fair education; counseling; insurance violation(s) (On case constitutes a housing rights and conciliation; or referral to an by case basis) violation of the FHA responsibilities in the enforcement entity (RAI 2000) rental, sales, lending and property insurance marketplace(s); To provide and facilitate, access to enforcement assistance where bona -fide complaint of fair housing is received and verified through the FHCSD intake process Outcome Increase public understanding concerning the issue of insurance redlining as a fair housing issue Decrease in the incidence of same in neighborhoods based upon race, color and Zip code 18. Litigated cases To provide ENFORCEMENT THROUGH The Fair PERFORMANCE - in the region/City investigative activities COMPLAINT SCREENING Housing Council Enforcement - have documented designed to garner INTAKE, INVESTIGATION of San Diego on 1. Intake, investigate, and fair housing supporting evidence in AND RESOLUTION Receive behalf of the City complete enforcement referrals violations based on connection with bona- and investigate discrimination of National City of fair housing complainants 12 national origin, familial status, disability and advertising violations (RAI 2000) fide complaint of housing discrimination; To work with enforcement entities and fair housing attorneys to implement litigation where conciliation and other attempted resolutions have failed, in accordance with the election of the complaining party. complaints and resolve through: education; counseling; conciliation; or referral to an enforcement entity- that have bona -fide issue of insurance violation(s) (On case by case basis) OUTCOME An increase in the number of informed, bona -fide housing discrimination complaints filed An increase in the level of fair housing compliance in the City 19. Hate crimes are To provide and ENFORCEMENT Receive and The Fair PERFORMANCE- N/A barriers to fair facilitate, access to investigate discrimination Housing Council Outreach & Education - housing choice enforcement complaints and resolve through: of San Diego on 1. Participate in the Regional specifically against assistance where education; counseling; behalf of the City Hate Crimes Coalition in a those who are bona -fide complaint of conciliation; or referral to an of National City collaborative role to provide exercising their fair housing rights ; fair housing is received and verified through enforcement entity- information on fair housing protections against hate these matters are the FHCSD intake PARTNERSHIP/LINKAGES incidents in housing underreported process AND COLLABORATIONS (Quarterly) (Local/Regional) Create and strengthen linkages, relationships and collaborations with other related entities and constituents In the region to promote fair housing compliance throughout the region Partnership/Linkages and Collaborations Increase in public understanding about this area of fair housing as member of the San Diego Regional Hate Crimes Coalition ;Create and maintain other collaborations such as with the National Fair Housing Alliance, The National Community Reinvestment Coalition, the California Reinvestment Coalition, the John Marshall School of Law and various and sundry others to support broad fair housing principals and objectives (Quarterly) OUTCOME Decrease the incidence of hate crimes 13 in housing and neighborhoods; An increase in the use of civil remedies to augment criminal remedies; Increase in collaborations and better use of limited resources. 20. Housing redevelopment and planning and/or the failure to spend allocated funds as required under the Community Redevelopment Law (CDL) may impede the development of an adequate affordable housing supply To Communicate with local government officials in appropriate departments to update each on the requirements of fair housing in their jurisdiction in relationship to housing redevelopment ADVANCE SUPPORTIVE PUBLIC POLICY DEVELOPMENT AND Work to advance public policy to promote fair housing considerations in the public transportation plans The Fair Housing Council of San Diego on behalf of the City of National City PERFORMANCE- 1. Outreach and communicate with entities in the City that operate in the realm of housing redevelopment to provide fair housing guidance and information. (Quarterly) OUTCOME Recognition in housing redevelopment circles of the role and requirements of fair housing in decisions concerning housing redevelopment, housing elements and CAPER reports N/A 21. Transportation systems that do not facilitate easy access to jobs and housing may impede fair housing choices throughout the region To provide information, upon request, to all concerned entities/organizations and/or government/political decision makers about the fair housing requirements as promulgated by the U. S. Department of Housing and Urban Development (HUD) or other special housing programs in the jurisdiction ADVANCE SUPPORTIVE PUBLIC POLICY DEVELOPMENT AND COMPLETE DISCRIMINATION RESEARCH- Work to advance public policy to promote fair housing considerations in the public transportation plans The Fair Housing Council of San Diego on behalf of the City of National City PERFORMANCE - 1. As needed and requested, associate and communicate with entities in the City that operate in the realm of transportation to provide fair housing guidance and information for planning purposes. OUTCOME An increased willingness among City planners, SANDAG/others to factor fair housing as part of the overall transportation/job/housing scenario 22. Residential To provide information, EDUCATION (SUPRA) The Fair PERFORMANCE- 14 project is permitted to be developed at densities much lower than intended compromising a jurisdiction's ability in providing a range of housing choice upon request, to all responsible entities/organizations and/or government/political decision makers (such as the City's planning Department) about the fair housing requirements as promulgated by the U. S. Department of Housing and Urban Development (HUD) or other special housing programs in the jurisdiction with respect to zoning TECHNICAL ASSISTANCE AND TRAINING PROGRAMS- Provide appropriate support programs for housing providers to foster comprehensive fair housing compliance through industry practices that are consistent with fair housing laws and regulations ENFORCEMENT (SUPRA) Housing Council of San Diego on behalf of the City of National City Education 1. Provide training at annual conference Technical Assistance - 1. Serve as clearing house for needed information Enforcement - 1. Offer Conciliation where needed to correct zoning and other land use actions on the part of the City that have potential to violate fair housing laws; File complaints on a case is case basis for bona -fide fair housing cases. OUTCOME- Greater cooperation and consultative collaboration with fair housing expertise before policies and regulations are set to avoid fair housing violations; Higher level of coordination and achievement between legitimate activities of the City's Planning and Land Use functions and fair housing objectives and compliance. 23. Single-family To provide information, EDUCATION (SUPRA) The Fair PERFORMANCE - homes are upon request, to all TECHNICAL ASSISTANCE Housing Council Education permitted uses responsible AND TRAINING PROGRAMS- of San Diego on 1. Provide training at annual areas designated entities/organizations (Special Programs) behalf of the City conference for multi -family, also compromising and/or government/political Provide appropriate support programs for housing providers of National City Technical Assistance - 1. Serve as clearing house for a jurisdiction's decision makers (such to foster comprehensive fair needed information ability in providing a as the City's planning housing compliance through Enforcement - range of housing Department) about the industry practices that are 1. Offer Conciliation where fair housing consistent with fair housing laws needed to correct zoning and requirements as and regulations other land use actions on the promulgated by the U. S. Department of Housing and Urban ENFORCEMENT (SUPRA) part of the City that have potential to violate fair housing laws; File complaints on a case 15 Development (HUD) or other special housing programs in the jurisdiction with respect to zoning by case basis for bona -fide fair housing cases. OUTCOME- Greater cooperation and consultative collaboration with fair housing expertise before policies and regulations are set to avoid fair housing violations; Higher level of coordination and achievement between legitimate activities of the City's Planning and Land Use functions and fair housing objectives and compliance. 24. Illegal or inappropriate To provide information, upon request, to all EDUCATION (SUPRA) TECHNICAL ASSISTANCE The Fair Housing Council PERFORMANCE - definitions of responsible AND TRAINING PROGRAMS- of San Diego on Education "family" in zoning entities/organizations Provide appropriate support behalf of the City 1. Provide training at annual ordinances and/or programs for housing providers of National City conference government/political to foster comprehensive fair Technical Assistance - decision makers (such housing compliance through 1. Serve as clearing house for as the City's planning industry practices that are needed information Department) about the consistent with fair housing laws Enforcement - fair housing and regulations 1. Offer Conciliation where requirements as promulgated by the U. S. Department of Housing and Urban Development (HUD) or other special housing programs in the jurisdiction with respect to zoning ENFORCEMENT (SUPRA) needed to correct zoning and other land use actions on the part of the City that have potential to violate fair housing laws; File complaints on a case by case basis for bona -fide fair housing cases. OUTCOME- Greater cooperation and consultative collaboration with fair housing expertise before policies and regulations are set to avoid fair housing violations; Higher level of coordination and achievement between legitimate activities of the City's Planning and Land Use functions and fair housing objectives and compliance. 16 25. Zoning practices or To provide information, upon request, to all EDUCATION (SUPRA) TECHNICAL ASSISTANCE The Fair Housing Council PERFORMANCE - Education regulations that responsible AND TRAINING PROGRAMS- of San Diego on 1. Provide training at annual target or restrict the entities/organizations Provide appropriate support behalf of the City conference housing choices of and/or programs for housing providers of National City Technical Assistance - persons with government/political to foster comprehensive fair 1. Serve as clearing house for disabilities present decision makers (such housing compliance through needed information a potential as the City's planning industry practices that are Enforcement - impediment of fair Department) about the consistent with fair housing laws 1. Offer Conciliation where housing choice fair housing and regulations needed to correct zoning and (RAI 2000) requirements as promulgated by the U. S. Department of Housing and Urban Development (HUD) or other special housing programs in the jurisdiction with respect to zoning; ENFORCEMENT (SUPRA) other land use actions on the part of the City that have potential to violate fair housing laws; File complaints on a case by case basis for bona -fide fair housing cases. OUTCOME- Greater cooperation and consultative collaboration with fair housing expertise before policies and regulations are set to avoid fair housing violations; Higher level of coordination and achievement between legitimate activities of the City's Planning and Land Use functions and fair housing objectives and compliance. 26. The City of To provide information, EDUCATION (SUPRA) The Fair PERFORMANCE - National City upon request, to all TECHNICAL ASSISTANCE Housing Council Education Zoning Ordinance responsible AND TRAINING PROGRAMS- of San Diego on includes a definition entities/organizations Provide appropriate support behalf of the City 1. Provide training at annual of "family" that and/or programs for housing providers of National City conference could impede fair government/political to foster comprehensive fair Technical Assistance - housing choice decision makers (such housing compliance through 1. Serve as clearing house for as the City's planning industry practices that are needed information The Zoning Department) about the consistent with fair housing laws Enforcement - Ordinance was not fair housing and regulations 1. Offer consultation or amended to requirements as ENFORCEMENT (SUPRA) conciliation where needed to "eliminate promulgated by the U. implement and/or correct 17 instances of "pyramid zoning" whereby higher density residential S. Department of Housing and Urban Development (HUD) or other special housing zoning and other land use actions on the part of the City that have potential to violate fair housing laws; File designations programs in the complaints on a case by case permit the range of jurisdiction with basis for bona -fide fair housing uses permitted in the preceding, lower density designation (RAI 2010) respect to zoning cases. OUTCOME- Greater cooperation and consultative collaboration with fair housing expertise before policies and regulations are set to avoid fair housing violations; Higher level of coordination and achievement between legitimate activities of the City's Planning and Land Use functions and fair housing objectives and compliance. 27. Zoning ordinances do not To provide information, upon request, to all EDUCATION (SUPRA) The Fair Housing Council PERFORMANCE - Education expressly address responsible TECHNICAL ASSISTANCE of San Diego on 1. Provide training at annual licensed residential entities/organizations AND TRAINING PROGRAMS- behalf of the City conference care facilities and/or Provide appropriate support of National City Technical Assistance - consistent with the government/political programs for housing providers 1. Serve as clearing house for Lanterman decision makers (such to foster comprehensive fair needed information Developmental as the City's planning housing compliance through Enforcement - Disabilities Department) about the industry practices that are 1. Offer Conciliation where Services Act fair housing consistent with fair housing laws needed to correct zoning and requirements as and regulations other land use actions on the promulgated by the U. S. Department of Housing and Urban Development (HUD) or other special housing programs in the jurisdiction with respect to zoning ENFORCEMENT (SUPRA) part of the City that have potential to violate fair housing laws; File complaints on a case be case basis for bona -fide fair housing cases. OUTCOME- Greater cooperation and consultative collaboration with fair housing expertise before policies and regulations are set to avoid fair housing violations; Higher level of coordination 18 and achievement between legitimate activities of the City's Planning and Land Use functions and fair housing objectives and compliance. 28. Conditional To provide information, EDUCATION (SUPRA) The Fair PERFORMANCE - Use Permits upon request, to all TECHNICAL ASSISTANCE Housing Council Education (CUPs) required for responsible AND TRAINING PROGRAMS- of San Diego on 1. Provide training at annual all multi -family entities/organizations Provide appropriate support behalf of the City conference housing and/or programs for housing providers of National City Technical Assistance - developments government/political to foster comprehensive fair 1. Serve as clearing house for and/ore second decision makers (such housing compliance through needed information units as the City's planning industry practices that are Enforcement - Department) about the consistent with fair housing laws 1. Offer Conciliation where fair housing and regulations needed to correct zoning and requirements as promulgated by the U. S. Department of Housing and Urban Development (HUD) or other special housing programs in the jurisdiction with respect to zoning ENFORCEMENT (SUPRA) other land use actions on the part of the City that have potential to violate fair housing laws; File complaints on a case by case basis for bona -fide fair housing cases. OUTCOME- Greater cooperation and consultative collaboration with fair housing expertise before policies and regulations are set to avoid fair housing violations; Higher level of coordination and achievement between legitimate activities of the City's Planning and Land Use functions and fair housing objectives and compliance. 29. Action Plans, To insure the TECHNICAL ASSISTANCE The Fair PERFORMANCE - CAPER reports and compatibility and fair AND TRAINING PROGRAMS- Housing Council 1. Provide quantifiable goals and annual housing congruency Provide appropriate support of San Diego on objectives that can be reported accomplishment of the City's programs for housing providers behalf of the City by the City of National City reports of sub- recipient contracts Consolidated Plan, Housing Element and to foster comprehensive fair housing compliance through of National City OUTCOME- More coordinated reports indicated a lack of CAPER reports industry practices that are that can identify, quantifiably, the quantifiable goals, consistent with fair housing laws achievement of goals for eh 19 objectives and and regulations Consolidated Plans, the Housing accomplishments Element, CAPER and all other reports to gauge success or progress (RAI required by HUD 2010) RECORD KEEPING REQUIREMENTS- The FHCSD will 1. Document al in coming call and walk-'n requests for information and all of HUD's standard reporting categories, including but not limited to "protected status housing consumer of provider status; low/moderate/high income bracket; category' 2. Provide monthly and/or quarterly reports of all program activity. The list here provided of impediments to fair housing choice in the City of National City is not exhaustive. In addition to the findings of studies that highlight the types, nature and extent of housing discrimination in the City and the region, there are emerging fair housing issues of predatory lending practices leading to foreclosures and de -stabilization of economics and neighborhoods, domestic violence related fair housing problems, sexual harassment, and immigration. Tenant Landlord Educational assistance via hotline will also be provided, primarily for the purpose screening for the presence of in -place tenant discrimination (e.g. familial status and disability, et al, race, national origin, as well as for the secondary purpose of providing a resource for tenant self -education. 20 EXHIBIT B BUDGET Agency Name: The Fair Housing Council of San Diego Activity Name: Fair Housing and Tenant -Landlord Education Description CDBG BUDGET OTHER RESOURCES TOTAL BUDGET 1) Personnel (Direct labor) Executive Director $25, 448.00 $25,448.00 2) Fringe Benefits $3, 378.00 $3,378.00 3) Travel 4. Operating Costs - Rent/Lease $6,662.00 $6,662.00 Insurance 2,012.00 2,012.00 Telephone 500.00 500.00 5) Sub Total for Direct Costs 6) Indirect Costs (Overhead) TOTAL $38,000.00 $ - 1 $38,000.00 EXHIBIT C - BOARD OF DIRECTORS/ BY LAWS The Fair Housing Council of San Diego Brenda Mason (3yr) Mason's Paralegal Service 8880 Rio San Diego Rd. San Diego, CA 92108 Byron Mason (Treasurer) (2Yr) Mason's Paralegal Service 8880 Rio San Diego Rd. San Diego, CA 92106 Nikki Love (3 Yr) Thomas Jefferson Law School 2121 San Diego Avenue San Diego, CA 92110 "Promoting ofinal housing oivortunities for Bpercons, „ Confidential FHCSD Board Roster Ted Graham (1 Yr) One Realty Solution 574 Dundee San Marcos, CA 92069 Stacy Everson (Secretary) (3 Yr) Seeds Educational Services 2707 Congress, Suite 1R San Diego, CA 92110 ( Jeffrey Jackson(2yr) BenSara Enterprises 4252 Bonita Rd, Bonita, CA 91902 Judith -Gail Green (President) (1Yr) 7262 Peter Pan Ave. San Diego, CA 92114 K THE FAIR HOUSING COUNCIL OF SAN DIEGO INC. A California Nonprofit Public Benefit Corporation AMENDED AND RESTATED BYLAWS ARTICLE I Section 1.1. Name. The name of this Corporation is "THE FAIR HOUSING COUNCIL OF SAN DIEGO, INC." ARTICLE II Section 2.1. Principal Office. The principal office for the transaction of the activities and affairs of the Corporation is located at 625 Broadway, Suite 704, San Diego, CA 92101-5418. Section 2.2. Other Offices. The Board of Directors of THE FAIR HOUSING COUNCIL OF SAN DIEGO, INC. (The "Board") may at any time establish branch or subordinate offices at any place or places where thhe Corporation is qualified to conduct its activities. ARTICLE III Section 3.1. Objectives and Purposes. This Corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for charitable purposes. The purpose of this Corporation is to actively support and encourage freedom of residency in the City and County of San Diego in accordance with the laws of the State of California and the United States which afford all persons the opportunity to secure the housing they desire and can afford; to lessen neighborhood tensions; to reduce prejudice and discrimination in housing and mortgage lending; to defend human and civil rights; and to promote fair housing laws. Section 3.2. Section 501(c)(3) Limitations. Such purposes for which this Corporation is organized are exclusively educational within the meaning and contemplation of Section 501(c)(c) of the Internal Revenue Code of 1986, as amended. ARTICLE IV Section 4.1. Nonpartisan Activities. This Corporation has been formed under the California Nonprofit Public Benefit Corporation Law for the public purposes described above, and it shall be nonprofit and nonpartisan. No substantial part of the activities of the Corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate or intervene in (including publishing or disseminating statements) any political campaign on behalf of any candidate for public office. The Corporation shall not, except in an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the purposes described above. ARTICLE V Section 5.1. Dedication of Assets. The properties and assets of this nonprofit corporation are irrevocably dedicated to charitable purposes. No part of the net earnings, properties, or assets of this Corporation, on dissolution or otherwise, shall inure to the benefit of any private person or individual, or any director of this Corporation. On liquidation or dissolution, after paying or adequately providing for the debts and obligations of the Corporation, all remaining properties and assets shall be distributed and paid over to a non-profit fund, foundation or corporation which is organized and operated exclusively for educational purposes, provided that the organization --continues its tax-exempt status under Section 501(a)(3) of the Internal Revenue Code of 1986 (and which is qualified for exemption from taxation under Section 23701d of the California Revenue and Taxation Code). ARTICLE VI Section 6.1. Members prohibited. The Corporation shall not have members. Section 6.2. Effect of Prohibition. Any action which would otherwise require approval by a majority of all members or approval by the members shall require only approval of the Board by majority vote or as otherwise provided herein or by applicable law. Section 63. Associates. Nothing in this Article VI shall be construed as limiting the right of the Corporation to refer to persons associated with it as "members" even though such persons are not members, and no such reference shall constitute anyone a member, within the meaning of Section 5056 of the California Nonprofit Corporation Law. The Corporation may confer by amendment of its Articles or of these Bylaws some or all of the rights of a member, as set forth in the California Nonprofit Corporation law, upon any person or persons who do not have the right to vote for the election of directors or on a disposition of substantially all of the assets of the corporation or on a merger or on a dissolution or on changes of the Corporation's Articles or Bylaws or for the selection of delegates who possess any of the preceding voting rights, but no such person shall be a member within the meaning of said Section 5056. Ilodtsflbylws.11796 ARTICLE VII Section 7.1. General Corporate Powers, Subject to the provisions and limitations of the California Nonprofit Public Benefit Corporation Law and any other applicable laws, and subject to any limitations of the Articles of Incorporation or Bylaws, the Corporation's activities and affairs shall be managed, and all corporate powers shall be exercised, by or under the direction of the Board. The Board may delegate the management of the activities of the Corporation to any person or persons, or committees however composed, provided that the activities and affairs of the Corporation shall be managed and all corporate powers shall be exercised under the ultimate direction of the Board. Section 7.2. Specific Powers. Without prejudice to such general powers set forth above, but subject to the same limitations, it is hereby expressly declared that the Board shall have the following powers in addition to the other powers enumerated in these Bylaws: 7.2.1. To select and remove officers, agents, and employees of the Corporation; prescribe powers and duties for them as may not be inconsistent with law, the Articles, or these Bylaws, and fix their compensation. 7.2.3. To conduct, manage, and control the affairs and activities of the Corporation and to make such rules and regulations therefor not inconsistent with law, the Articles or these Bylaws, as they may deem best. 7.2.4. To adopt, make and use a corporate seal and to alter the form of such seal from time to time as they deem best. 7.2.5. To borrow money and incur indebtedness for the purposes of the Corporation, and to cause to be executed and delivered therefor, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, or other evidences of debts and securities. Section 7.3. Number. The Board shall consist of at least seven (7) but no more than twenty-four (24) directors until changed by amendment to these Bylaws. The exact number of directors shall be fixed, within those limits, by a resolution adopted by the Board. Section 7.4. Qualifications. The Directors of the Corporation shall be committed to providing general support and direction for purposes listed in Section 3.2. Section 7.5. Restrictions on InterestedPersons as Directors. No person serving on the Board may be an interested person. An interested person is (a) any person compensated by the Corporation for services rendered to it within the previous twelve (12) months, whether as a full time or part time employee, independent contractor or otherwise, excluding any reasonable compensation paid to a director as a director; and (b) any brother, sister, ancestor, descendant, Ucchsflbytws.11796 3 spouse, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law or father-in-law of such person. However, any violation of the provisions of this paragraph shall not affect the validity or enforceability of any transaction entered into by the Corporation. Section 7.6. Election. Designation and Term of Office. At the first organizational meeting of the Board of Directors, the initial number of Directors shall be divided into two equal groups, with the term of office of one group to expire in one year and the term of office of the other group to expire in two years. Thereafter, fifty percent (50%) of the directors shall be elected annually for a two-year term to take the place of those whose terms expire. However, if any such directors are not elected at any annual meeting, they may be elected at any special members' meeting held for that purpose or by written ballot. Each such director, including a director elected to fill a vacancy or elected at a special members' meeting or by written ballot, shall hold office until expiration of the term for which elected and until a successor has been elected and qualified. Section 7.7. Vacancies. Subject to the provisions of Section 5226 of the California Nonprofit Public Benefit Corporation Law, any director may resign effective upon giving written notice to the President, or the Secretary or the Board, unless the notice specifies a later time for the effectiveness of such resignation. lithe resignation is effective at a future time, a successor may be selected for such time, to take office when the resignation becomes effective. 7.7.1. Vacancies in the Board shall be filled in the same manner as the director or directors whose office is vacant was selected, provided that vacancies to be filled by election by directors may be filled by a majority of the remaining directors, although less than a quorum, or by a sole remaining director. Each director so selected shall hold office until the expiration of the term of the replaced director and until a successor has been selected and qualified. 7.7.2. A vacancy or vacancies in the Board shall be deemed to exist in case of the death, resignation or removal of any director, or if the authorized number of directors has increased. 7.7.3. The Board may declare vacant the office of a director who has been declared of unsound mind by a final order of Court, or convicted of a felony or found by a final order or judgment of any Court to have breached any duty arising under Article III of the California Nonprofit public Benefit Corporation Law or who has failed to attend three consecutive meetings of the Board, without good cause. 7.7.4. No reduction of the authorized number of directors shall have the effect of removing any director prior to the expiration of the director's term of office. Section 7.8. Place of Meeting. Meetings of the Board shall be held at any place within or outside the State of California that has been designated from time to time by the Board. In the absence of such designation, regular meetings shall be held at the principal office of the Corporation. Mcchs11bylws.11796 4 Section 7.9. Meetings by Telephone. Any meeting may be held by conference telephone or similar telecommunication equipment, as long as all directors participating in the meeting can hear one another and subject to the provisions of section 7.16. All such directors shall be deemed to be present in person at such a meeting. Section 7.10. Annual Meeting. The Board shall hold an annual meeting for purposes of organization, election of officers and directors, and the transaction of the business. Notice of this meeting is not required. The date, time and place of the annual meeting shall be set by Resolution of the Board between November 1 and December 31 of that year. Section 7.11. Regular Meetings. Regular meetings of the Board for any purpose or purposes may be held without notice of such time and place as the Board may fix from time to time. Section 7.12. Authority to Call Special Meetings. Special meetings of the board for any purpose may be called at any time by the President or any Vice -President, or the Secretary or any two directors. Section 7.13. Manner of Giving Notice of Special Meetings. Notice of the time and place of special meetings shall be given to each director by one of the following methods: (a) by personal delivery of written notice; (b) by first-class mail, postage prepaid; (c) by telephone, either directly to the director or to a person at the director's office who would reasonably be expected to communicate that notice promptly to the director; or (d) by telegram, charges prepaid. All such notices shall be given or sent to the director's address or telephone number as shown on the records of the corporation. Section 7.14. Time Requirements for Notice of Special Meetings. Notices sent by first- class mail shall be deposited in the United States mails at least four days before the time set for the meeting. Notices given by personal delivery, telephone, or telegraph shall be delivered, telephoned, or given to the telegraph company at least 48 hours before the time set for the meeting. Section 7.15. Notice Content. The notice shall state the time of the meeting, and the place, if the place is other than the principal office of the Corporation. It need not specify the purpose of the meeting. Section 7.16. Ouorum. A majority of the elected number of directors shall constitute a quorum for the transaction of business, except to adjourn. Every action taken or decision made by _a majority of the directors present at a duly held meeting at which a quorum is present shall be the act of the Board, subject to the more stringent provisions of the California Nonprofit Public Benefit Corporation Law, including, without limitation, those provisions relating to (a) approval of contracts or transactions in which a director has a direct or indirect material financial interest, (b) approval of certain transactions between corporations having common directorships, c) creation of and appointment to committees of the Board, and (d) indemnification of directors. A meeting at which a quorum is initially present may continue to transact business, despite the withdrawal of directors, \lcchsfbylws.11796 5 if any action taken or decision made is approved by at least a majority of the required quorum of that meeting. Section 7.17. Waiver of Notice. Notice of a meeting need not be given to any director, who, either before or after the meeting, signs a Waiver of Notice, a written consent to the holding of the meeting, or an approval of the minutes of the meeting. The waiver of notice or consent need not specify the purpose of the meeting. All such waivers, consents and approval shall be filed with the corporate records or made a part of the minutes of the meeting. Notice of a meeting need not be given to any director who attends the meeting and does not protest, before or at the commencement of the meeting, the lack of notice to him or her. Section 7.18. Adjournment. A majority of the directors present, whether or not a quorum is present, may adjourn any meeting to another time and place. Notice of the time and place of holding an adjourned meeting need not be given unless the original meeting was adjourned for more than twenty-four (24) hours. If the original meeting is adjourned for more than 24 hours, notice of any adjournment to another time and place shall be given, before the time of the adjourned meeting, to the directors who were not present at the time of the adjournment. ARTICLE VIII Section 8.1. Action Without A Meeting. Any action that the Board is required or permitted to take may be taken without a meeting if all the members of the Board consent in writing to the action; provided, however, that the consent of any director who has a material financial interest in a transaction to which the Corporation is a party and who is an "interested director" as defined in Section 5233 of the California Corporations Code shall not be required for approval of that transaction. Such action by written consent shall have the same force and effect as any other validly approved action of the Board. All such consents shall be filed with the minutes of the proceedings of the Board. ARTICLE IX Section 9.1. Compensation and Reimbursement Directors shall not receive compensation for their services as directors or officers, but shall receive such reimbursement of expenses as the Board may determine by resolution to be just and reasonable at the time that the resolution is adopted. ARTICLE X Section 10.1. Committees of the Board. The Board, by resolution adopted by a majority 11cchsflbylws.11796 of the directors then in office, provided a quorum is present, may create one or more committees, each consisting of one (1) or more directors and other persons who are not Directors, to serve at the pleasure of the Board. Appointments to committees of the Board shall be by majority vote of the directors then in office. The Board may appoint one or more directors as alternate members of any such committee, who may replace any absent member at any meeting. Any such committee, to the extent provided in the Board resolution, shall have all the authority of the Board, except that no committee, regardless of Board resolution, may: Board; committee; 10.1.1. Fill vacancies on the Board or any committee that has the authority of the 10.1.2. Fix compensation of the Directors for serving on the Board or on any 10.1.3. Amend or repeal Bylaws or adopt new Bylaws; 10.1.4. Amend or repeal any resolution of the Board that by its expressed terms was not so amendable or repealable; 10.1.5. Create any other committees of the Board or appoint the members of the committees of the Board; or 10.1.6. Approve any contract or transaction to which the Corporation is a party and in which one or more of its directors has a material financial interest, except as special approval is provided for in Section 5233(d)(3) of the California Corporations Code. Section 10.2. Meetings And Actions Of Committees. Meetings and actions of committees of the Board shall be governed by, held and taken inaccordance with the provisions of these Bylaws concerning meetings and'other Board actions, except that the time for regular meetings of such committees and the calling of special meetings of such committees may be determined either by Board resolution or, if there is none, by resolution of the committee of the Board. Minutes of each meeting of any committee of the Board shall be kept and shall be filed with the corporate records. The Board may adopt rules for the government of any committee, provided they are consistent with these Bylaws or, in the absence of rules adopted by the Board, the committee may adopt such rules. ARTICLE XI Section 11.1. Officers of the Corporation. The officers of the Corporation shall be a president, secretary, and treasurer. The Corporation may also have, at the Boards discretion, a one or more past presidents, one or more vice-presidents, one or more assistant secretaries, one or more assistant treasurers and such other officers as may be appointed in accordance with Section 11.03 of these Bylaws. Ucchstlbylws.11796 7 Section 11.2. Election Of Officers. The officers of the Corporation, except those appointed under Section 11.3 of these Bylaws, shall be elected annually by the Board at the regular annual meeting of the Board and shall serve at the pleasure of the Board, subject to the rights, if any, of any officer under any contract of employment. If the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as conveniently may be. Each officer shall hold office until his successor shall have been duly elected and shall have qualified. Section 113. Other Officers. The Board may appoint and authorize the president or other officer, to appoint any other officers that the Corporation may require. Each officer so appointed shall have the title, hold office for the period, have the authority and perform the duties specified in these Bylaws or determined by the Board. Section 11.4. Removal Of Officer. Without prejudice to any rights of an officer under any contract of employment, any officer may be removed with or without cause by the Board and also, if the officer was not chosen by the Board, by any officer on whom the Board may confer that power of removal. Section 11.5. Resignation Of Officer. Any officer may resign at any time by giving written notice to the Corporation. The resignation shall take effect as of the date the notice is received or at any later time specified in the notice and, unless otherwise specified in the notice, the resignation need not be accepted to be effective. Any resignation shall be without prejudice to the rights, if any, of the Corporation under any contract to which the officer is a party. Section 11.6. Vacancies In Office. A vacancy in any office because of death, resignation, removal, disqualification, or any other cause shall be filled in. the manner prescribed in these Bylaws for regular appointments to that office, provided, however, that vacancies need not be filled on an annual basis. Section 11.7. Responsibilities Of Officers. 11.7.1. President. Subject to the control of the Board, the President shall be the principal executive officer and general manager of the Corporation and shall supervise, direct and control the Corporation's activities, affairs and officers. The President shall preside at all Board meetings. The President shall have such other powers and duties as the Board or these Bylaws may prescribe. 11.7.2. Vice -President. In the absence of the President or in the event of his inability or refusal to act, the Vice -Presidents, if any, in order of their rank as fixed by the Board or, if not ranked, a Vice -President designated by the Board, shall perform all duties of the President. When so acting, a Vice -President shall have all powers of and be subject to all restrictions on the president. The vice-president shall have such other powers and perform such other duties as the Board or these Bylaws may prescribe. ucrlhsflayfws. t 1796 8 11.23. Secretary. 11.23.1. Book of Minutes. The Secretary shall keep or cause to be kept, at the Corporation's principal office or such other place as the Board may direct, a book of minutes of all meetings, proceedings and actions of the Board, and of committees of the Board. The minutes of meetings shall include the time and place that the meeting was held, whether the meeting was annual, regular or special, and, if special, how authorized, the notice given and the names of those present at Board and committee meetings. The Secretary shall keep or cause to be kept, at the principal office in California, a copy of the Articles of Incorporation and Bylaws, as amended to date. 11.2.3.2. Records. The Secretary shall keep or cause to be kept, at the Corporation's principal office or at a place determined by resolution of the Board, a record of the Corporation's Directors, showing each director's name, address and telephone number. 11.23.3. Notices. Seal and Other Duties. The Secretary shall give, or cause to be given, notice of all meetings of the Board and of committees of the Board required by these Bylaws to be given. The Secretary shall keep the corporate seal in safe custody and shall have such other powers and perform such other duties as the Board or these Bylaws may prescribe. 11.2.4. Treasurer. 11.2.4.1. Books of Account. The Treasurer shall keep and maintain, or cause to be kept and maintained, adequate and correct books and accounts of the Corporation's properties and transactions. The Treasurer shall send or cause to be given to the directors such financial statements and reports as are required to be given by law, by these Bylaws or by the Board. The books of account shall be open to inspection by any director at all reasonable times. 11.2.4.2. Deposits and Disbursements of Money and Valugb{es. The Treasurer shall deposit, or cause to be deposited, all money and other valuables in the name and to the credit of the Corporation with such depositories as the Board may designate, shall disburse the Corporations funds as the Board may order, shall render to the President and the Board, when requested, an account of all transactions as chief financial officer and of the financial condition of the Corporation, and shall have such other powers and perform such other duties as the Board or the Bylaws may prescribe. 11.2.4.3. Bond. If required by the Board, the Treasurer shall give the Corporation a bond in the amount and with the surety or sureties specified by the Board for faithful performance of the duties of the office and for restoration to the Corporation of all its books, papers, vouchers, money and other property of every kind in the possession or under the control of the Treasurer on his or her death, resignation, retirement or removal from office. \lcrhsflbylws.11796 9 ARTICLE XII Section 12.1. Right Of Indemnity. To the fullest extent permitted by law, this Corporation shall indemnify its directors, officers, employees, and other persons described in Section 5238(a) of the California Corporations Code, including persons formerly occupying any such position, against all expenses, judgments, fines, settlements and other amounts actually and reasonably incurred by them in connection with any "proceeding" as the term is used in that section, and including an action by or in the right of the Corporation, by reason of the fact that the person is or was a person described in that section. "Expenses," as used in these Bylaws, shall have the same meaning as in Section 5238(a) of the California Corporations Code. Section 12.2. Approval Of Indemnity. On written request to the Board by any person seeking indemnification under Section 5238(b) or Section 5238(c) of the California Corporations Code, the Board shall promptly determine under Section 5238(e) of the California Corporations Code whether the applicable standard of conduct set forth in Section 5238(b) or Section 5238(c) has been met, and if so, the Board shall authorize indemnification. Section 12.3. Advancement Of Expenses. To the fullest extent permitted by law and except as otherwise determined by the Board in a specific instance, expenses incurred by a person seeking indemnification under Sections 12.01 and 12.02 of these Bylaws in defending any proceeding covered by those Sections shall be advanced by the Corporation for final disposition of the proceeding, on receipt by the Corporation of an undertaking by or on behalf of that person that the advance will be repaid unless it is ultimately determined that the person is entitled to be indemnified by the Corporation for those expenses. ARTICLE XIII Section 13.1. Insurance. The Corporation shall have the right to purchase and maintain insurance to fullest extent permitted by law on behalf of its officers, directors, employees and other agents, against any liability asserted against or incurred by any officer, director, employee or agent in such capacity or arising out of the officer's, director's, employee's or agent's status as such. ARTICLE XIV Section 14.1. Contracts. The Board may authorize any officer or officers, agent or agents of the Corporation, in addition to the officers so authorized by these By-laws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances. Section 14.2. Checks. Drafts. Etc. All checks, drafts or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Corporation, shall be signed by llcchst trylws.11796 10 such officer or officers, agent or agents of the Corporation and in such manner as shall from time to time be determined by resolution of the Board. In the absence of such determination by the Board, such instruments shall be signed by the Treasurer or an Assistant Treasurer and countersigned by the President or a Vice -President of the Corporation. Section 14.3. Deposits. All funds of the Corporation shall be deposited from time to time to the credit of the Corporation in such banks, trust companies or other depositaries as the Board may select. Section 14.4. Gifts. The Board may accept on behalf of the Corporation any contribution, gift, bequest or devise for the general purposes or for any special purpose of the Corporation. Section 14.5. Limitation on Authority to Expend Funds/Execute Contracts. No director or officer shall obligate the corporation without specific authority from the Board. Attempts to obligate the corporation without such authority are void. Any note, mortgage, evidence of indebtedness, contract, share certificate, conveyance or other instrument in writing and any assignment or endorsement thereof executed or entered into between this corporation and any other person, may be signed by any person or persons and in such manner as from time to time shall be determined by the Board and, unless so authorized by the Board, no officer, agent or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit or render it liable for any purpose or amount. ARTICLE XV Section 15.1. Maintenance Of Corporate Records. The Corporation shall keep: 15.1.1. Adequate and correct books and records of account; 15.1.2. Written minutes of the proceedings of its Board, and committees of the Board; 15.1.3. A record of each Director's name, address and telephone number; 15.1.4. A copy of the Articles of Incorporation and Bylaws of the Corporation and any amendments thereto; and 15.1.5. Current copies of all insurance policies. Section 15.2. Inspection By Directors. Every director shall have the absolute right at any reasonable time to inspect the Corporation's books, records, documents of every kind, physical properties, and the records of each of its subsidiaries. The inspection may be made in person or by the directofs agent or attorney. The right of inspection includes the right to copy and make extracts vahst\bylws.11796 11 of documents. ARTICLE XVI Section 16.1. Amendment Of Bylaws. These Bylaws may be amended by vote or written consent of the majority of the Board. Provided, however, that no new Bylaws or amended Articles shall be adopted which would cause a Toss of the Corporation's nonprofit status for federal and state income tax purposes, nor any Bylaws or amended Articles be adopted which would be in substantial conflict with the goals, purposes or objectives of this Corporation. ARTICLE XVII Section 17.1. Construction and Definition. As used in these Bylaws: 17.1.1. The present tense shall include the past and future tense, and the future tense shall include the present. 17.1.2. The masculine gender shall include the feminine and neuter. 17.1.3. The singular number shall include the plural number and the plural number shall include the singular. 17.1.4. The word "shall" is mandatory and the word "may" is permissive. 17.1.5. The word "directors" and "board" as used in these Bylaws in relation to any power or duty requiring collective action, mean "Board of Directors." 17.1.6. The term "person" includes both a legal entity and a natural person. \ least' bylws.11796 12 EXHIBIT D TECHNICAL ASSISTANCE MATERIALS The Sub -recipient attended the Community Development Block Grant (CDBG) Technical Assistance Non -Profit Workshop held before the start of this fiscal year and received the following items: 1. Playing by the Rules, A Handbook for CDBG Sub -recipients on Administrative Systems 2. OMB Circular No. A-122: Cost Principals for Non -Profit Organizations 3. Quarterly/Annual Performance Reporting Form (updated format) 4. A Comprehensive Compliance and Performance Monitoring Checklist 5. Expenditure Reimbursement Claim Form (updated format) 6. Qualifying Beneficiary Intake Data Form (updated format) 7. Sample Sub -recipient Agreement and Exhibits (Scope of Services Budget, Board of Directors and By-laws, Affirmative Action Policy and Insurance Requirements) 8. Orientation on meeting CDBG National Objectives The workshop and reference documents will assist the Sub -recipient to understand U.S Department of Housing and Urban Development and City of National City rules, regulations, and reporting requirements. The Grantee also reviewed CDBG regulations under Title 24 and the CDBG webpage on the HUD website: http://www. hud.gov/offices/cpd/communitydevelopment/programs/entitlement EXHIBIT E AFFIRMATIVE ACTION POLICY 1. Provision of Program Services a. Subrecipient shall not, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG funds. b. Subrecipient shall not under any program or activity funded in whole or in part with CDBG funds, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap: 1) Deny any facilities, services, financial aid or other benefits provided under the program or activity; or 2) Provide any facilities, services, financial aid, or other benefits which are different or are provided in a different form from that provided to others under the program or activity; or 3) Subject to segregated or separate treatment in any facility in, or in any matter of process related to receipt of any service or benefit under the program or activity; or 4) Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity; or 5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services, or other benefits provided under the program or activity; or 6) Deny any opportunity to participate in a program or activity as an employee. c. Subrecipient may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race, religion, color, national origin, sex, sexual preference, or handicap, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular race, religion, color, national origin, sex, sexual preference or handicap. d. Subrecipient, in determining the site or location of housing or facilities provided in whole or in part with CDBG funds, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination on the grounds of race, color, national origin, or sex, or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto: e. In administering a program or activity funded in whole or in part with CDBG funds regarding which the Subrecipient has previously discriminated against persons on the grounds of race, religion, color, national origin, sex, sexual preference or handicap, the Subrecipient must take affirmative action to overcome the effects of prior discrimination. f. Even in the absence of such prior discrimination, a Subrecipient in administering a program or activity funded in whole or in part with CDBG funds should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin, or sex. Where previous discriminatory practice or usage tends, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, to exclude individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program or activity to which CDBG funding applies, the Subrecipient has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964. 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. g. 2. Employment Discrimination a. Subrecipient shall not discriminate against any employee or application for employment because of race, color, religion, sex, national origin, age, or handicap. Subrecipient shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, age, or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rate -of -pay or other forms of compensation and selection for training including apprenticeship. Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. b. Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or handicap. c. Subrecipient shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the CDC's contracting officers, advising the labor union or workers' representative of Subrecipient'S commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notices in conspicuous places available to employees and applicants for employment. d. Subrecipient shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.. e. Subrecipient shall furnish to the CDC all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the related rules, regulations, and orders. f. In the event of Subrecipient'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and Subrecipient may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 9. Subrecipient shall include the provisions of Section II. J. 2. (a. through f.), "Affirmative Action Policy," paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. Subrecipient shall take such action with respect to any subcontract or purchase order as the CDC may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CDC, Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. h. Subrecipient shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). Subrecipient shall also provide ready access to and use of all CDBG fund -assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.). 3. Remedies: In the event of Subrecipient'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and Subrecipient may be declared ineligible for further government contracts and any such other sanctions as may be imposed and remedies invoked as provided by law. ACORD TM. CERTIFICATE OF LIABILITY INSURANCE PRODUCER Phone_ (626) 815-1550 Fax (626) 815-1552 CHARITY ONE INSURANCE AGENCY, INC. 680 E ALOSTA STE 104 AZUSA CA 91702 INSURED FAIR HOUSING COUNCIL OF SAN DIEGO 625 BROADWAY, SUITE 811 SAN DIEGO CA 92101-5418 DATE (MM/DD/YYYY) 07/26/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Agency Dolt : 0E81017 INSURER A INSURER 6 INSURER C INSURER D INSURER E Nonprofit Insurance Alliance of CA Hartford Insurance NAIC # COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRPD DL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR'INSRD DATE(MMMDIYY) DATE(MMIDOPM GENERAL LIABILITY 2010-17054-NPO 10/17/10 10/17/11 EACH OCCURRENCE $ _ _ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 500,000 - - PREMISES (Ea occurence) CLAIMS MADE X OCCUR MED. EXP (Any one person) $ 20,000 A PERSONAL & AOV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG. $ 2,000,000 PRO- _ POLICY JECT LOC _-- - AUTOMOBILE LIABILITY 2010-17054-NPO 10/17/10 10/17/11 COMBINED SINGLE LIMIT ANY AUTO (Fa accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) 5 A X HI RED AUTOS - BODILY INJURY $ X NON -OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY - - AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ --- -- EXCESS !UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ - DEDUCTIBLE --- - - - '- -- - $ RETENTION $Vvc WORKERS COMPENSATION AND 72WEDG4924 06/01/11 06/01/12 RYTATU LIMTS OTHER EMPLOYERS' LIABILITY 0.NY PROPRIETOR!PARTNERIEXECUTNE , B E L. EACH ACCIDENT $ 1000,000 OFFICERIMEMBER EXCLUDED? -- ---- - --- E L. DISEASE -EA EMPLOYEE S 1,000,000 It yes, destnbe under SPECIAL PROVISIONS below E. L. DISEASE POLICY LIMIT S 1,000,000 OTHER. Professional Liability 2010-17054-NPO 10/17/10 10/17/11 $1,000,000 AGG/ $1,000,000 Per OCC A DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES ARE HEREBY NAMED AS ADDITIONAL INSURED WITH RESPECTS TO CLAIMS ARISING OUT OF THE NAMED INSURED'S OPERATION. WAIVER OF SUBROGATION APPLIES ON WORKER'S COMPENSATION PER ATTACHED WC040306 ENDORSEMENT CANCELLATION THE CITY OF NATIONAL CITY CITY ATTORNEYS OFFICE 1243 NATINAL CITY BLVD NATIONAL CITY, CA 91950-4301 Attention: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS CR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE &a/4464 g-c---&) ACORD 25 (2001/08) Certificate # 5819 ©ACORD CORPORATION 1988 POLICY NUMBER: 2010-17054-NPO COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): THE CITY OF NATIONAL CITY CITY ATTORNEY'S OFFICE 1243 NATINAL CITY BLVD NATIONAL CITY, CA 91950-4301 Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy, and for which a certificate of insurance naming such person or organization as additional insured has been issued, but only with respect to their liability arising out of their requirements for certain perform- ance placed upon you, as a nonprofit organization, in consideration for funding or financial contribu- tions you receive from them. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organi-zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES ARE HEREBY NAMED AS ADDITIONAL INSURED WITH RESPECTS TO CLAIMS ARISING OUT OF THE NAMED INSURED'S OPERATION. WAIVER OF SUBROGATION APPLIES ON WORKER'S COMPENSATION PER ATTACHED WC040306 ENDORSEMENT CG20260704 © ISO Properties, Inc., 2004 Page 1 of 1 RESOLUTION 2011 — 98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE REALLOCATION OF $476,988 IN UNEXPENDED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ENTITLEMENT FUNDS, $38,325 IN CDBG PROGRAM INCOME, AND $75,167 IN HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM INCOME, AND AUTHORIZING THE SUBMISSION OF THE 2011/2012 ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, as an entitlement community, the City of National City ("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, in accordance with the federal regulations at 24 CFR, Part 91, the City is required to prepare and submit an Annual Action Plan for its Housing and Community Development Programs in accordance with the needs and priorities established in the Five -Year Consolidated Plan approved by the City Council on May 4, 2010; 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 Annual Action Plan, which includes a reallocation of entitlement funds awarded in previous years, and program income receipted by the City from January 1 to December 31, 2010; and WHEREAS, the City Council conducted a duly advertised public hearing on March 15, 2011, and May 4, 2011, to receive input from the public; and WHEREAS, the City placed the draft Annual Action Plan, which includes a list of proposed activities for the CDBG and HOME Programs and the intent to reallocate funds for a duly advertised 30-day public comment period, on the City's website and in the Office of the City Clerk from March 28 to April 27, 2011; and WHEREAS, the City will incorporate any comment received during the 30-day public comment period in the final submission of said Plan by May 15, 2011; and WHEREAS, on April 25, 2011, HUD released estimated entitlement appropriations for the City of $986,238 for CDBG and $560,971 for HOME Program activities that have been used to determine the Annual Action Plan activities to consider for funding, hereto attached as Exhibit "A", and eliminate activities from those activities recommended for funding on March 15, 2011, by using the ranking method as recommended by the City Council on March 1, 2011, and implemented at the first Public Hearing on March 15, 2011; and WHEREAS, staff has identified and verified the availability of $476,988 in unexpended CDBG funds that can be reallocated from previous year projects that have been completed or canceled; and WHEREAS, staff has identified all current CDBG activities that have been funded by previous resolutions of the City Council, attached hereto as Exhibit "B"; and Resolution No. 2011 — 98 May 3, 2011 Page 2 WHEREAS, any previously approved CDBG activity by resolution of the City Council not listed in Exhibit "B" is made void and obsolete as of the date of this Resolution; and WHEREAS, staff recommends the reallocation of unexpended CDBG funds in the amount of $476,988 to supplement the funding of activities listed in Exhibit "A"; and WHEREAS, the Finance Department has identified program income received for the CDBG and HOME Programs from January 1, 2010 to December 31, 2010, and staff recommends the reallocation of CDBG Program income in the amount of $38,325 and HOME Program income in the amount of $75,167 to supplement the funding of activities listed in the FY 2011-2012 Annual Action Plan as listed in Exhibit "A"; and WHEREAS, staff recommends the allocation of $7,665 from the identified $38,325 of CDBG Program income toward CDBG Program Administration in Fiscal Year 2010-2011 as listed in Exhibit "A"; and WHEREAS, staff will make necessary adjustments to the CDBG and HOME activity allocations listed in the Annual Action Plan by following the ranking method as has been directed by the City Council when the final appropriations are released by HUD, making the final allocations official by attaching the final list of Annual Action Plan activities to this Resolution as Exhibit "C", and by promptly notifying all applicants of Program Year 2011-2012 funds; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the reallocation of $476,988 in CBDG previous year entitlement funds, $38,325 in CDBG Program income of which $7,665 of the $38,325 is allocated towards CDBG Program Administration, and $75,167 in HOME Program income to supplement funding of activities included in the FY 2011-2012 Annual Action Plan and FY 2011-2012 CDBG Program Administration. BE IT FURTHER RESOLVED that the City Council authorizes the submission of the FY 2011-2012 Annual Action Plan for the expenditure of said funds to the U.S. Department of Housing and Urban Development. BE IT FURTHER RESOLVED that any previously approved CDBG activity by resolution of the City Council not listed in Exhibit "B" is made void and obsolete as of the date of this Resolution. PASSED and ADOPTED this 3rd day of May, 267 ATTEST: Michael R. Dalla it Clerk lerk on Morrison, Mayor PROVED A - TO FORM: G. Sil ':,1 ity Attorney Exhibit "A" FY2011-2012 Annual Action Plan CDBG and HOME Program Activities (based on HUD Entitlement Estimates released on 4/25/2011 and subject to change) Rank Applicant Name Program Name Estimated Allocation CDBG Public Services Total (with a HUD ESTIMATED 2011 Entitlement (15%) allocation of $147,935.70 and $5748.00 in Program income) $ 153,683.70 1 City of National City Public Library National City Public Library Literacy Services $ 52,000.00 2 City of National City Community Services Department Tiny Tots $ 29,337.00 3 South Bay Community Services National City Police Department Support Services: Juvenile Diversion $ 20,000.00 4 Trauma Intervention Programs of San Diego County, Inc. Trauma Intervention Program $ 8,000.00 5 City of National City Community Services Department Learn to Swim $ 32,856.00 6 City of National City Community Services Department At Risk Youth Afterschool Teen Program "Supreme Teens" $ 11,490.70 CDBG funds Non -Public Services Total (with a HUD ESTIMATED 2011 Entitlement (65%) allocation of $641,054.70, $24,912.00 in Program income, and $476,988 In reallocated from activities completed and closed) $ 1,142,954.70 1 City of National City- Community Development Department National City Housing Inspection Program $ 151,570.00 2 City of National City -Development Services Department Storm Drain Improvements $ 100,000.00 3 City of National City -Development Services Department Upgrade Substandard Pedestrian Ramps, Sidewalk, Curb, and Gutter Concrete Improvements $ 200,000.00 4 Environmental Health Coalition Making National City's "Healthy Homes" Energy Efficient Round II $ 80,027.00 5 Olivewood Gardens and Learning Center Signage for Olivewood Gardens $ 20,000.00 6 City of National City Neighborhood Services Department Neighborhood Preservation $ 30.000.00 7 City of National City -Development Services Department Pedestrian Safety and Accessibility Enhancements on E. 8th Street near Seventh-Day Adventists Church and Paradise Valley Hospital $ 100,000.00 8 City of National City -Development Services Department ADA Park Improvements $ 241,873.00 9 City of National City -Development Services Department Pedestrian Safety and Accessibility Enhancements for National City Public Library- National City Blvd. and E. 15th St. $ 120,000.00 10 City of National City -Development Services Department Pedestrian Safety and Accessibility Enhancements at Sweetwater High School - F Ave & E. 30th St $ 99,484.70 CDBG Planning/ Administration Total (with a HUD ESTIMATED 2011 Entitlement (20%) allocation of $197,247.60) $ 197,247.60 n/a City of National City- Community Services Department Neighborhood Councils Program $ 15,000.00 n/a City of National City - Community Development Department CDBG Program Administration $ 144,247.60 n/a Fair Housing Council of San Diego Fair Housing and Tenant -Landlord Education Services $ 38,000.00 HOME Program Total (with HUD ESTIMATED 2011 Entitlement allocation of $560,971.00 and $75,167 in HOME Program income) $ 636,138.00 n/a City of National City - Community Development Department Housing Development Fund $ 572,525.00 n/a City of National City - Community Development Department HOME Program Administration $ 63,613.00 CDBG Administration for FY2010.2011 to Finance Dep. from Calendar Year 2010 CDBG Program income $ 7,665.00 n/a City of National City -Community Development Department CDBG Program Administration $ 7,665.00 Exhibit "B" CITY OF NATIONAL CITY CDBG OPEN PROJECT FUNDING STATUS AS OF 3/31/2011 IDIS ORIGINAL ALLOCATION DRAWN DOWN AS OF 3/31/11 AVAILABLE TO DRAW FY 2009 - 2010 ALLOCATION Christmas in July National City/ Minor Rehabilitation Program 621 109,118.00 27,022.88 82,095.12 City of National City Development Services/ Storm Drain Improvements 643 124,494.00 102,950.65 21,543.35 City of National City Development Services/ ADA Park Improvements 600 138,878.00 96,087.12 42,790.88 FY 2010 - 2011 ALLOCATION Burn Institute/Fire and Burn Prevention 625 8,000.00 5,291.27 2,708.73 Community Youth Athletic Center/ Champs for Life 644 10,000.00 5,000.00 5,000.00 City of National City Community Services Department/ At Risk Youth - Supreme Teens 639 20,000.00 20,000.00 0.00 City of National City Community Services Department/ Learn to Swim 640 10,023.00 10,023.00 0.00 City of National City Community Services Department/Tiny Tots 641 29,337.00 29,337.00 0.00 City of National City Library/ Literacy Services 642 49,600.00 49,600.00 0.00 Meals on Wheels Greater San Diego, Inc./ Meals -on -Wheels 630 10,000.00 5,000.00 5,000.00 South Bay Community Services/ National City Police Department Support Services -Juvenile Diversion Program 631 20,000.00 12,966.00 7,034.00 Trauma Intervention Programs of San Diego County, Inc./ Crisis Intervention 632 8,000.00 - 8,000.00 City of National City/ Housing Inspection Program 629 94,000.00 62,105.19 31,894.81 Southwestern Community College District/ 635 35,000.00 - 35,000.00 Environmental Health Coalition/ Making National City's Healthy Homes Energy Efficient 628 66,908.00 24,687.55 42,220.45 Christmas in July National City/ City Clean Up Program 645 30,000.00 8,613.44 21,386.56 City of National City Development Services/ Soccer Field at El Toyon 646 238,925.00 222,935.46 15,989.54 City of National City/ El Toyon Park Garden 633 50,000.00 50.00 49,950.00 La Maestra Clinic/ Health Services Equipment (Dental Chairs) 624 25,000.00 - 25,000.00 NC Living History Farm Preserve, Inc./ Stein Farm Barn Preservation 647 25,000.00 - 25,000.00 Sweetwater Union High School -Joint Use Athletic Facility 648 200,000.00 - 200,000.00 City of National City Development Services/ ADA Park Improvements 649 75,000.00 - 75,000.00 City of National City Development Services/ Concrete Improvements 650 200,000.00 95,918.74 104,081.26 Boys & Girls Club of Inland North County/ Boys and Girls Club Site Feasibility Study 634 11,339.00 11,339.00 0.00 Neighborhood Councils 636 15,000.00 15,000.00 0.00 fair Housing Council of San Diego/ Fair Housing and Tenant - Landlord Services 637 38,000.00 17,108.00 20,892.00 City of National City Community Development/ CDBG Administration 2010-2011 638 155,608.00 113,044.28 42,563.72 Totals $ 1,797,230.00 $ 934,079.58 $ 863,150.42 txnioa L FY2011-2012 Annual Action Plan CDBG and HOME Program Activities HUD FY2011 CDBG ALLOCATION: $986,259.00 HUD FY2011 HOME ALLOCATION: $560,944.00 CDBG CALENDAR YEAR 2010 PROGRAM INCOME: $38,235.00 HOME CALENDAR YEAR 2010 PROGRAM INCOME: $75,167.00 CDBG PREVIOUS YEAR REALLOCATION: $476,988.00 HOME PREVIOUS YEAR REALLOCATION: $0.00 Rank ApplicantNO" !Program Name Activity Ail ocation CDBG Public Services Total (with a HUD 2011 Entitlement (15%) allocation of $147,938.85 and $5735.00 in Program income) $ 153,673.85 1 City of National City Public Library National City Public Library Literacy Services $ 2 City of National City Community Services Department Tiny Tots $ 52,000.00 3 South Bay Community Services National City Police Department Support Services: Juvenile Diversion $ 29,337.00 4 Trauma Intervention Programs of San Diego County, Inc. Trauma Intervention Program $ 20,000.00 5 City of National City Community Services Department Learn to Swim $ 8,000.00 6 City of National City Community Services Department At Risk Youth Afterschool Teen Program "Supreme Teens" $ 32,856 00 11,480.85 CDBG activities Non -Public Services Total (with a HUD 2011 Entitlement (65%) allocation of $641,068.35, $24,853.00 in Program income, and $476,988.00 In reallocated funds from completed and closed) $ 1,142,909.35 1 City of National City Community Development Department National City Housing Inspection Program $ 2 City of National City Development Services Department Storm Drain Improvements $ 151,570.00 3 City of National City Development Services Department Upgrade Substandard Pedestrian Ramps, Sidewalk, Curb, and Gutter Concrete Improvements $ 100,000.00 200,000.00 4 Environmental Health Coalition Making National City's "Healthy Homes" Energy Efficient Round II $ 5 Olivewood Gardens and Learning Center Signage for Olivewood Gardens $ 80,027.00 6 City of National City Neighborhood Services Department Neighborhood Preservation $ 20,000.00 7 City of National City Development Services Department Pedestrian Safety and Accessibility Enhancements on E. 8th Street near Seventh-Day Adventists Church and Paradise Wiley Hospital $ 30,000.00 8 City of National City Development Services Department ADA Park Improvements $ 100,000,00 241,873.00 9 City of National CityDevelopment Services Department Pedestrian Safety and Accessibility, Enhancements for National City Public Library- National City' Blvd. and E. 15th St,`' $ 120,000.00 10 City of National City Development Services Department Pedestrian Safety and Accessibility Enhancements at Sweetwater High School - F Ave & E. 30th St $ 99,439.35 CDBG Planning/ Administration Total (with a HUD 2011 Entitlement (20% allocation of $197,251.80) $ 197,251.80 n/a City of National City Community Services. Department Neighborhood. Councils Program $ 15,000.00 n/a City of National City Community Development Department CDBG Program Administration $ 144,251.80 n/a Fair Housing Council of San Diego g eg Fair Housing and Tenant -Landlord Education Services $ 38,000.00 CDBG Administration for FY2010.2011 to Finance Dep. from Calendar Year 2010 Program income $ 7,647.00 n/a City of National City Community Development Department CDBG Program Administration $ HOME Program Total (with HUD 2011 Entitlement allocation of $560,944.00 and $75,167 in Program income) $ 7,647.00 636,111.00 n/a City of National City Community Development Department Housing Development Fund $ n/a City of National City Community Development Department HOME Program Administration $ 572 500.00 63,611.00 Passed and adopted by the Council of the City of National City, California, on May 3, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-98 of the City of National City, California, passed and adopted by the Council of said City on May 3, 2011. City the City of National City, California Jerk of � By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO. 16 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the reallocation of $476,988 in unexpended Community Development Block Grant (CDBG) entitlement funds, $38,325 in CDBG Program income, and $75,167 in Home Investment Partnerships (HOME) Program income, and authorizing the submission of the 2011-2012 Annual Action Plan to the United States Department of Housing and Urban Development (HUD). (Community Development, Housing and Grants) PREPARED BY: Carlos J. Aguirre, (619) 336-4391 DEPARTME APPROVED BY: EXPLANATION: lopment The Annual Action Plan for FY 2011-2012 outlines how the City plans to expend $986,238 in federal Community Development Block Grant funds (CDBG) and $560,971 in HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the funding sources noted above, the City will also reallocate $476,988 of CDBG funds that remain from previous year activities, $38,325 in CDBG Program income and in $75,167 in HOME Program Income. The reallocation of $476,988 in CDBG funds from previous years is based on the remaining unallocated cash balance of funds currently in the Integrated Disbursement and Information System (IDIS). IDIS is used by the City to track HUD funds. The amount of funds available in IDIS equals the unallocated cash balance in the City's CDBG fund 301. When projects are completed or cancelled, IDIS makes any remaining funds available for funding other activities. All current CDBG activities listed in Exhibit "A" of the Resolution have been fully funded and are open, current, and active. Any activity not listed on Exhibit "A" previously allocated CDBG funds, by exclusion, is made void by the Resolution. The CDBG and HOME Program income to be reallocated respectively is from the total of all income, both in principal and interest, receipted by the City from January 1, 2010 through December 31, 2010. The list of proposed CDBG activities under Exhibit "B" of the '• esolution is based on new estimates released by HUD on April 25, 2011. Activities in lower rank that were not covered by .ne estimated amount of funds were eliminated as established under the "Decide and Rank" selection method by City Council at the first public hearing on March 15, 2011. As directed by the City Council at the first public hearing, staff will adjust activity allocations if there is a variance from the final entitlement appropriations yet to be released. FINANCIAL STATEMENT: APPROVED: ( �, l,t, Finance ACCOUNT NO. APPROVED: MIS An estimated $986,238 in CDBG and $560,971 in IIOME funds appropriated. The City will also reallocate $476,988 of CDBG funds from previous activities closed, $38,325 in CDBG program income and $75,167 in HOME Program income. ENVIRONMENTAL REVIEW: The development of the Annual Action Plan is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: ticcvv• q% 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 January 4, 2012 Ms. Mary Scott Knoll The Fair Housing Council of San Diego 625 Broadway, Suite 811 San Diego, CA 92101 Dear Ms. Scott Knoll, On July 1st, 2011, an Agreement was entered between the City of National City and The Fair Housing Council of San Diego. We are enclosing for your records a fully executed original agreement. Sincerely, Michael R. Dalla, CMC City Clerk Enclosure cc: Housing & Grants Division