HomeMy WebLinkAboutCC Resolution 7785 (CDBG Pickleweed Child Care Scholarships)RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF THE
CITY OF SAN RAFAEL COMMUNITY DEVELOPMENT
BLOCK GRANT AGREEMENTS FOR 1988/89: a)
PICKLEWEED COMMUNITY CENTER $40,000; b)
CHILD CARE SCHOLARSHIPS $5,800; c) AFTER
SCHOOL ACADEMY HOMEWORK PLACE PROGRAM
SCHOLARSHIPS $1,000.
WHEREAS, the City of San Rafael is eligible to
apply for Federal Housing and Urban Development Grant Funds; and
WHEREAS, the County of Marin administers these funds
under the Community Development Block Grant Program; and
WHEREAS, the City has been awarded three grants for
the 1988/89 funding period for the following projects and
funding levels;
a) Pickleweed Child Care Center $40,000.
b) Child Care Scholarships $5,800.
c) After School Academy Homework Place Program
Scholarships $1,000.
NOW, THEREFORE, BE IT RESOLVED that the San Rafael
City Council hereby authorizes execution of said grant
agreements for 1988/89 by the Mayor and City Clerk.
I, JEANNE M. LEONCINI, Clerk of the City of San
Rafael hereby certify that the foregoing Resolution was duly
and regularly introduced and adopted at a Regular meeting of the
City Council of the City of San Rafael on MONDAY , the FIRST
day of AUGUST , 1988 by the following vote to wit:
AYES: COUNCILMEMBERS:Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEM-BERS:None
ABSENT: COUNCILMEMBERS:Frugoli
NE M. LEONCI , City Clerk
UrR9GlN�L
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AGREEMENT
THIS AGREEMENT, made and entered into on this ay of Au u s t 1988,
by and between the COUNTY OF MARIN, State of Ca ornia, as the implementor of the
Community Development Block Grant Program (hereinafter referred to as "County"),
and CITY of SAN RAFAEL (hereinafter referred to as the
"Operating Agency").
WITNESSETH
WHEREAS, the County of Marin has received a Community Development Block Grant from
the Department of Housing and Urban Development under Title I of the Housing and
Community Development Act of 1974, as amended (42 USC 5301 et seq) (the Act); and
WHEREAS, pursuant to such Grant, the County of Marin is undertaking certain programs
and services necessary for the planning, implementation or execution of such a
Community Development Program; and
WHEREAS, the County of Marin desires to engage the Operating Agency to render certain
services, programs, or assistance in connection with such undertakings of the
Community Development program, situated in the Project Area described in Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. Scope of Service. The Operating Agency shall perform all the necessary services
provided under this Contract in accordance with and respecting the following
project:
Child Care Facility, Pickleweed Park
The Operating Agency shall do, perform and carry out, in a satisfactory manner,
as determined by the County, the goals, objectives, and tasks set forth in
Appendix B, and incorporated herein by reference.
2. Term of Contract. The services of the Operating Agency are to commence
on August 31. 1988 , 1988, and shall be undertaken and completed in such
sequence as to assure their expeditious completion in the light of the purposes
of this Contract unless so otherwise specified in the Contract in Section 8,
General Terms and Conditions, or in Section 9, Special Terms and Conditions.
Time is of the essence in the Agreement.
3. Compensation. The Operating Agency shall be paid a total consideration.
of $40.000 for full performance of the services specified under this
Contract. Compensation shall be allowed on a reimbursement basis, only after
expenditures have been incurred by the Operating Agency in conformity with the
approved and executed budget document which is attached to this Contract as
Appendix C, incorporated herein by reference.
In every case, payment will be made subject to receipt of a requisition for
payment from the Operating Agency specifying and certifying that such expenses
have been incurred and expended in conformance with this Contract and that the
Operating Agency is entitled to receive the amount requisitioned under the terms
of this Contract.
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The Operating Agency shall notify the County in writing of all authorized personnel
who shall be empowered to file requests for payment pursuant to this Agreement.
4. Use of Funds. Use of funds received pursuant to this Agreement shall be in
accordance with the requirements of the Housing and Community Development Act of
1974 (as amended), 24 CFR Part 570 and other regulations governing the Block
Grant program, and any amendments or policy revisions thereto which shall become
effective during the term of this Agreement. A copy of said regulations is
incorporated by reference. In addition, the Operating Agency agrees to comply
with other applicable laws, including Section 504 of the Rehabilitation Act of
1973, the Age Discrimination Act of 1975, and Executive Order 11063.
Further, any funded activity must be designed or so located as to principally
benefit lower income persons, aid in the prevention or elimination of slums or
blight, or meet urgent community development needs, as defined in the program
regulations.
5. Program Income. Program income derived from the project, if any, shall revert to
the County for use in the Block Grant program.
6. Assignment. Without written consent of the County, this Agreement is not
assignable by the Operating Agency, either in whole or in part.
7. Alteration. No alteration or variation in the terms of this Agreement shall be
valid unless made in writing and signed by the parties hereto.
8. General Terms and Conditions.
A. The Operating Agency agrees to submit program status reports to the County as
requested, and other reports as may be required.
B. The Operating Agency agrees to maintain racial, ethnic, gender, head of
household and family size data showing the extent to which these categories
of persons have participated in, or benefited from the project.
C. The Operating Agency agrees to keep all necessary books and records,
including property, personnel and financial records, in connection with the
operations and services performed under this Agreement, and shall document
all transactions so that all expenditures may be properly audited.
D. The Operating Agency agrees that the County or any authorized representative
has access to and the right to examine all records, books, papers or
documents related to the project.
E. The Operating Agency hereby severally warrants that all project records,
books, papers and documents will be retained for a period of not less than
four (4) years after the project terminates and grants the County the option
of retention of the project records, books, papers and documents.
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F. The Operating Agency agrees to obtain all necessary permits for intended
improvements or activities.
G. The Operating Agency agrees to purchase necessary flood insurance if its
project is located in a flood hazard area and the nature of the project
requires such insurance.
H. The Operating Agency, if its program involves housing, agrees to
affirmatively further fair housing.
I. The Operating Agency hereby severally warrants that it will establish and
adopt safeguards to prohibit members, officers, and employees from using
positions for a purpose that is or gives the appearance of being motivated
by a desire for private gain for themselves or others, particularly those
with wilom they have family, business, or other ties. Further, no member,
officer, or employee of Operating Agency who exercises any functions or
responsibility with respect to the program during his or her tenure or for
one year thereafter, shall have any interest, direct or indirect, in any
contract or subcontract, or the proceeds thereof, either for themselves or
those with whom they have family or business ties, for work to be performed
in connection with the program assisted under this Agreement.
J. The undersigned person signing as an officer on behalf of the Operating
Agency, a party to this Agreement, hereby severally warrants and represents
that said person has authority to enter into this Agreement on behalf of
said Operating Agency and to bind the same to this Agreement, and, further
that said Operating Agency has authority to enter into this Agreement and
that there are no restrictions or prohibitions contained in any article of
incorporation or bylaws against entering into this Agreement.
K. The County shall not be responsible or liable for any debts, actions,
obligations, negligence, or liabilities committed or incurred by the
Operating Agency, its staff or clientele and the Operating Agency hereby
agrees to defend, hold harmless and indemnify the County from and against
any and all liabilities for debts, obligations, and negligence. No payment,
however, final or otherwise, shall operate to release the Operating Agency
from any obligations under this Contract.
Special Terms and Conditions
A. It is expressly understood and agreed that either party shall have the right
to terminate this Agreement upon 15 days written notice to the other party.
However, Operating Agency may not terminate an Assignment of Proceeds and
Grant of Lien without written consent of County. All reports or accountings
provided for herein shall be rendered whether or not falling due within the
contract period.
B. Further, the County reserves the right to terminate this contract upon
written notification to the Operating Agency under the following conditions:
1) Notification by HUD to the County that said project is ineligible
because of project location, services provided, or any other reason
cited by HUD.
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2) Notification by HUD to the County that said project is deficient and
that continued support of the project is not providing an adequate
level of services to low income and minority people.
3) Written notification from HUD to the County that the program funds made
available to the County are being curtailed, withdrawn, or otherwise
restricted.
C. The County also reserves the right to terminate this Contract or to reduce
the contract compensation amount under the following conditions:
1) Failure of the Operating Agency to file required reports;
2) Failure of the Operating Agency to meet project dates;
3) Expenditure of funds under this Agreement for ineligible activities,
services or items;
4) Failure to comply with written notice from the County of substandard
performance in scope of services under the terms of this Agreement.
10. Other Provisions
A. Equal Employment Opportunity ((1) and (2) applicable to all contracts and
subcontracts, (3) through (7) applicable to all non-exempt construction
contracts and subcontracts which exceed $10,000).
During the performance of this contract, the Operating Agency agrees as
follows:
1) The Operating Agency shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, age,
handicap, sexual orientation, ancestry, national origin or any other
basis prohibited by applicable law. The Operating Agency shall take
affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race,
color, religion, sex, age, handicap, sexual orientation, ancestry, or
national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training including
apprenticeship. The Operating Agency agrees to post in conspicuous
places, available to employees and applicants for employment, notices
to be provided setting forth the provisions of this nondiscrimination
clause.
2) The Operating Agency will, in all solicitations or advertisements for
employees placed by or on behalf of the Operating Agency, state that
all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, age, handicap, sexual
orientation, ancestry, national origin or any other basis prohibited by
applicable law.
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3) The Operating Agency 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 advising the said
labor union or worker's representatives of the Operating Agency's
commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment.
4) The Operating Agency will comply with all provisions of Executive Order
11246, Equal Employment Opportunity, of September 24, 1965, as amended
by Executive Orders 11375 and 12086, copies of which are on file and
available at the County, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
5) The Operating Agency will furnish all information and reports required
by Executive Order 11246 of September 24, 1965, as amended, and by
rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to its books, records, and accounts by
the Department of Housing and Urban Development and the Secretary of
Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
6) In the event of the Operating Agency's noncompliance with the
nondiscrimination clauses of this contract or with any of the said
rules, regulations, or orders, this contract may be cancelled,
terminated, or suspended in whole or in part and the Operating Agency
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, as amended,
and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, as amended, or
as otherwise provided by law.
7) The Operating Agency will include the portion of the sentence
immediately preceding paragraph 1 and the provisions of paragraphs 1
through 7 in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor, issued
pursuant to Section 204 of Executive Order 11246 of September 24, 1965,
as amended, so that such provisions will be binding upon each
subcontractor or vendor. The Operating Agency will take such action
with respect to any subcontract or purchase order as the Department of
Housing and Urban Development may direct as a means of enforcing such
provisions, including sanctions for noncompliance: Provided, however,
that in the event an Operating Agency becomes invo ved1n, oris
threatened with, litigation with a subcontractor or vendor as a result
of such direction by the Department of Housing and Urban Development,
the Operating Agency may request the United States to enter into such
litigation to protect the interests of the United States.
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B. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development Act
of 1974, and in conformance with County policy and all requirements imposed
by or pursuant to the Regulations of the Department of Housing and Urban
Development (24 CFR Part 570.601) issued pursuant to this Section, no
person in the United States shall on the ground of race, color, religion,
sex, age, handicap, sexual orientation, ancestry, national origin or any
other basis prohibited by applicable law be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under, any
program or activity funded in whole or in part with the community
development funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Operating Agency may not directly or through contractual or other
arrangements, on the ground of race, color, religion, sexual orientation,
ancestry, national origin, age, handicap, sex or any other basis prohibited
by applicable law:
a. Deny any facilities, services, financial aid, or other benefits
provided under the program or activity.
b. 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.
c. Subject to segregated or separate treatment in any facility in, or in
any matter or process related to receipt of any service or benefit
under the program or activity.
d. 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.
e. 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 benefit
provided under the program or activity.
f. Deny an opportunity to participate in a program or activity as an
employee.
C. Business and Employment Opportunities for Lower Income Residents.
The Operating Agency will conform with the rules and regulations set forth
under Section 3 of the Housing ana Urban Development Act of 1968, (12 USC
1701u), as amended, and the HUD regulations issued pursuant thereto at 24
CFR Part 135. This act requires that to the greatest extent feasible
opportunities for training and employment be given to lower income
residents of the project area, and contracts for work in connection with
the project be awarded to business concerns which are located in, or owned
in substantial part by, persons residing in the area of the project. In
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all solicitations for bids, the contractor must, before signing the
contract, provide a preliminary statement of -the work force needs and plans
for possible training and employment of lower income persons. When an
Operating Agency utilizes the bidding procedure to let a bid, the invitation
or solicitation for bids shall advise prospective contractors of the
requirements of Section 3 of the Housing and Urban Development Act of 1968,
as amended, and the clause shall be inserted as a component part of any
contract or subcontract. If an Operating Agency solicits or requests an
invitation for bids, every effort feasible will be made to contact minority
organizations for a response to the solicitation or invitation for bidders.
Nondiscrimination in Federally -Assisted Programs.
In accordance with County policy and Title V
1964 (P.L. 88-352) in the sale, lease or othe
leased or improved with assistance provided un
or lease for such transfer shall conta
discrimination upon the basis of race, colo
sexual orientation, ancestry or national ori
rental, or in the use or occupancy of such land
or to be erected thereon. The Operating Agency
of the Civil Rights Act of 1968 (P.L. 90-284) as
all programs and activities related to housing
a manner to affirmatively further fair housing.
E. Labor Standards.
I of the Civil Rights Act of
r transfer of land acquired,
der this Agreement, the deed
in a covenant prohibiting
r, religion, sex, handicap,
gin, in the sale, lease or
or any improvements erected
will comply with Title VIII
amended and will administer
and community development in
Except with respect to the rehabilitation of residential property designed
for residential use for less than eight families, the Operating Agency and
all subcontractors engaged in contracts in excess of $2,000 for the
construction, prosecution, completion or repair of any building or work
financed in whole or in part with assistance provided under this Agreement
are subject to the federal labor standards provisions which govern the
payment of wages and the ratio of apprentices and trainees to
journeyworkers. Under the terms of the Davis -Bacon Act, as amended, the
Operating Agency is required to pay all laborers and mechanics employed on
construction work wages at rates not less than those prevailing on similar
construction in the locality as determined by the Secretary of Labor, and
shall pay overtime compensation in accordance with and subject to the
provisions of the Contract Work Hours and Safety Standards Act (40
U.S.C.,327-332), and the Operating Agency shall comply with all regulations
issued pursuant to these Acts and with other applicable Federal laws and
regulations pertaining to labor standards. Provided, that if wage rates
higher than those required under the regulations are imposed by State or
local laws, nothing hereunder is intended to relieve the Operating Agency of
its obligation, if any, to require payment of the higher rates.
F. Flood Disaster Protection.
This Agreement is subject to the requirements of the Flood Disaster
Protection Act of 1973 (P.L. 93-234). Use of any assistance provided under
this Agreement for acquisition or construction in an area identified as
having special flood 'hazards shall be subject to the mandatory purchase of
flood insurance in accordance with the requirements of Section 102(a) of
said Act.
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G. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts Which Exceed $100,000).
The Operating Agency shall comply with and require each subcontractor to
comply with all applicable standards of the Clean Air Act of 1970 (42 U.S.C.
1857 et seq.), as amended, the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), as amended, and the regulations of the Environmental
Protection Agency with respect thereto, at 40 CFR Part 15, as amended from
time to time.
H. Provision of the Hatch Act.
Neither the Operating Agency program nor the funds provided therefor, nor the
personnel employed in the administration of the program shall be in any way
or to any extent engaged in the conduct of political activities in
contravention of Chapter 15 of Title 5, United States Code.
I. Lead -Based Paint.
Any grants or loans made by the Operating Agency for the rehabilitation of
residential structures with assistance provided under this Agreement shall be
made subject to the provisions for the elimination of lead -base paint
hazards under 24 CFR Part 35.
J. Special Assessments.
Operating Agency will not attempt to recover any capital costs of public
improvements assisted in whole or in part with funds provided under Section
106 of the Act or with amounts resulting from a guarantee under Section 108
of the Act by assessing any amount against properties owned and occupied by
persons of low and moderate income, including any fee charged or assessment
made as a condition of obtaining access to such public improvements, unless:
1) funds received under Section 106 of the Act are used to pay the proportion
of such fee or assessment that relates to the capital costs of such public
improvements that are financed from revenue sources other than under Title I
of the Act; or 2) for purposes of assessing any amount against properties
owned and occupied by persons of moderate income, the grantee certifies to
the Secretary of the Department of Housing and Urban Development that it
lacks sufficient funds received under Section 106 of the Act to comply with
the requirements of subparagraph 1).
K. Displacement
If Operating Agency causes the involuntary and permanent displacement of any
person as a result of Community Development Block Grant activities, it shall
comply with the County's plan to assist persons displaced by Block Grant
activities.
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L. Provisions Required by Law Deemed Inserted.
Each and every provision of law and clause required by law to be inserted in
this contract shall be deemed to be inserted herein and the contract shall be
read and enforced as though it were included herein, and if through mistake
or otherwise any such provision is not inserted, or is not correctly
inserted, then upon the application of either party the contract shall
forthwith be physically amended to make such insertion or correction.
IN WITNESS WHEREOF, the parties hereto have executed this contract.
COUNTY OF MARIN
CITY OF SAN RAFAEL
�1A"�aOtu�U�erY iromr%n Lawrence E. Mulryan
Mayor
"County"
ATTEST:
Qie�
er o"he`tsoard
MASTER FORM
APPROVED AS TO FORM:
juntyq-� -ounse I
2 2I�'Co
"Operating Agency"
ATTEST:
i�Clerk �
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APPENDIX A
LOCATION
The Canal Child Care Facility will be located on Pickleweed Park, 50
Canal Street, San Rafael.
APPENDIX B
GOALS, OBJECTIVES AND TASKS
The City of San Rafael is moving its Child Care Program from a
portable building located at the Bahia Vista School to Pickleweed Park.
A second portable will also be installed which will increase child care in
the East San Rafael area. CDBG funds will be used for site preparation of
Pickleweed Park to accommnocate the two portable buildings and/or purchase
of a bathroom unit
APPENDIX C
BUDGET
Labor and materials for site
preparation and installation
and/or purchase of bathroom units $40,000
Source of Funds:
Community Development Block Grant
Year 13 Entitlement Funds $5,000
Year 14 Entitlement Funds 35,000
Total $40,000
AGREEMENT
THIS AGREEMENT, made and entered into on this 1st daffy of August , 1988,
by and between the COUNTY OF MARIN, State of California, as the Implementor of the
Community Development Block Grant Program (hereinafter referred to as County ),
and CITY OF SAN RAFAEL (hereinafter referred to as the
"Operating Agency").
WITNESSETH
WHEREAS, the County of Marin has received a Community Development Block Grant from
the Department of Housing and Urban Development under Title I of the Housing and
Community Development Act of 1974, as amended (42 USC 5301 et seq) (the Act); and
WHEREAS, pursuant to such Grant, the County of Marin is undertaking certain programs
and services necessary for the planning, implementation or execution of such a
Community Development Program; and
WHEREAS, the County of Marin desires to engage the Operating Agency to render certain
services, programs, or assistance in connection with such undertakings of the
Community Development program, situated in the Project Area described in Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. Scope of Service. The Operating Agency shall perform all the necessary services
provided under this Contract in accordance with and respecting the following
project:
Scholarships for lower income families
The Operating Agency shall do, perform and carry out, in a satisfactory manner,
as determined by the County, the goals, objectives, and tasks set forth in
Appendix B, and incorporated herein by reference.
2. Term of Contract. The services of the Operating Agency are to commence
on.t- .,, , 1988, and shall be undertaken and completed in such
seuenK' -asp to assure their expeditious completion in the light of the purposes
of this Contract unless so otherwise specified in the Contract in Section 8,
General Terms and Conditions, or in Section 9, Special Terms and Conditions.
Time is of the essence in the Agreement.
3. Compensation. The Operating Agency shall be paid a total consideration
Of As Ann for full performance of the services specified under this
ContrduC. Compensation shall be allowed on a reimbursement basis, only after
expenditures have been incurred by the Operating Agency in conformity with the
approved and executed budget document which is attached to this Contract as
Appendix C, incorporated herein by reference.
In every case, payment will be made subject to receipt of a requisition for
payment from the Operating Agency specifying and certifying that such expenses
have been incurred and expended in conformance with this Contract and that the
Operating Agency is entitled to receive the amount requisitioned under the terms
of this Contract.
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The Operating Agency shall notify the County in writing of all authorized personnel
who shall be empowered to file requests for payment pursuant to this Agreement.
4. Use of Funds. Use of funds received pursuant to this Agreement shall be in
accordance with the requirements of the Housing and Community Development Act of
1974 (as amended), 24 CFR Part 570 and other regulations governing the Block
Grant program, and any amendments or policy revisions thereto which shall become
effective during the term of this Agreement. A copy of said regulations is
incorporated by reference. In addition, the Operating Agency agrees to comply
with other applicable laws, including Section 504 of the Rehabilitation Act of
1973, the Age Discrimination Act of 1975, and Executive Order 11063.
Further, any funded activity must be designed or so located as to principally
benefit lower income persons, aid in the prevention or elimination of slums or
blight, or meet urgent community development needs, as defined in the program
regulations.
5. Program Income. Program income derived from the project, if any, shall revert to
the County for use in the Block Grant program.
6. Assignment. Without written consent of the County, this Agreement is not
assign- able by the Operating Agency, either in whole or in part.
7. Alteration. No alteration or variation in the terms of this Agreement shall be
valid an(Tss made in writing and signed by the parties hereto.
8. General Terms and Conditions.
A. The Operating Agency agrees to submit program status reports to the County as
requested, and other reports as may be required.
B. The Operating Agency agrees to maintain racial, ethnic, gender, head of
household and family size data showing the extent to which these categories
of persons have participated in, or benefited from the project.
C. The Operating Agency agrees to keep all necessary books and records,
including property, personnel and financial records, in connection with the
operations and services performed under this Agreement, and shall document
all transactions so that all expenditures may be properly audited.
D. The Operating Agency agrees that the County or any authorized representative
has access to and the right to examine all records, books, papers or
documents related to the project.
E. The Operating Agency hereby severally warrants that all project records,
books, papers and documents will be retained for a period of not less than
four (4) years after the project terminates and grants the County the option
of retention of the project records, books, papers and documents.
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F. The Operating Agency agrees to obtain all necessary permits for intended
improvements or activities.
G. The Operating Agency agrees to purchase necessary flood insurance if its
project is located in a flood hazard area and the nature of the project
requires such insurance.
H. The Operating Agency, if its program involves housing, agrees to
affirmatively further fair housing.
I. The Operating Agency hereby severally warrants that it will establish and
adopt safeguards to prohibit members, officers, and employees from using
positions for a purpose that is or gives the appearance of being motivated
by a desire for private gain for themselves or others, particularly those
with whom they have family, business, or other ties. Further, no member,
officer, or employee of Operating Agency who exercises any functions or
responsibility with respect to the program during his or her tenure or for
one year thereafter, shall have any interest, direct or indirect, in any
contract or subcontract, or the proceeds thereof, either for themselves or
those with whom they have family or business ties, for work to be performed
in connection with the program assisted under this Agreement.
J. The undersigned person signing as an officer on behalf of the Operating
Agency, a party to this Agreement, hereby severally warrants and represents
that said person has authority to enter into this Agreement on behalf of
said Operating Agency and to bind the same to this Agreement, and, further
that said Operating Agency has authority to enter into this Agreement and
that there are no restrictions or prohibitions contained in any article of
incorporation or bylaws against entering into this Agreement.
K. The County shall not be responsible or liable for any debts, actions,
obligations, negligence, or liabilities committed or incurred by the
Operating Agency, its staff or clientele and the Operating Agency hereoy
agrees to defend, hold harmless and indemnify the County from and against
any and all liabilities for debts, obligations, ar,J negligence. No payment,
however, final or otherwise, shall operate to release the Operating Agency
from any obligations under this Contract.
Special Terms and Conditions
A. It is expressly understood and agreed that either party shall have the right
to terminate this Agreement upon 15 days written notice to the other party.
However, Operating Agency may not terminate an Assignment of Proceeds and
Grant of Lien without written consent of County. All reports or accountings
provided for herein shall be rendered whether or not falling due within the
contract period.
B. Further, the County reserves the right to term�inate this contract upon
written notification to the Operating Agency under the following conditions:
1) Notification by HUD to the County that said project is ineligible
because of project location, services proviaed, or any other reason
cited by HUD.
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2) Notification by HUD to the County that said project is deficient and
that continued support of the project is not providing an adequate
level of services to low income and minority people.
3) Written notification from HUD to the County that the program funds made
available to the County are being curtailed, withdrawn, or otherwise
restricted.
C. The County also reserves the right to terminate this Contract or to reduce
the contract compensation amount under the following conditions:
1) Failure of the Operating Agency to file required reports;
2) Failure of the Operating Agency to meet project dates;
3) Expenditure of funds under this Agreement for ineligible activities,
services or items;
4) Failure to comply with written notice from the County of substandard
performance in scope of services under the terms of this Agreement.
10. Other Provisions
A. Equal Employment Opportunity ((1) and (2) applicable to all contracts and
subcontracts, (3) through (7) applicable to all non-exempt construction
contracts and subcontracts which exceed $10,000).
During the performance of this contract, the Operating Agency agrees as
follows:
1) The Operating Agency shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, age,
handicap, sexual orientation, ancestry, national origin or any other
basis prohibited by applicable law. The Operating Agency shall take
affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race,
color, religion, sex, age, handicap, sexual orientation, ancestry, or
national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training including
apprenticeship. The Operating Agency agrees to post in conspicuous
places, available to employees and applicants for employment, notices
to be provided setting forth the provisions of this nondiscrimination
clause.
2) The Operating Agency will, in all solicitations or advertisements for
employees placed by or on behalf of the Operating Agency, state that
ali qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, age, handicap, sexual
orientation, ancestry, national origin or any other basis prohibited by
applicable law.
4
3) The Operating Agency 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 advising the said
labor union or worker's representatives of the Operating Agency's
commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment.
4) The Operating Agency will comply with all provisions of Executive Order
11246, Equal Employment Opportunity, of September 24, 1965, as amended
Ex
by ecutive Orders 11375 and 12086, copies of which are on file and
available at the County, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
5) The Operating Agency will furnish all information and reports required
by Executive Order 11246 of September 24, 1965, as amended, and by
rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to its books, records, and accounts by
the Department of Housing and Urban Development and the Secretary of
Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
6) In the event of the Operating Agency's noncompliance with the
nondiscrimination clauses of this contract or with any of the said
rules, regulations, or orders, this contract may be cancelled,
terminated, or suspended in whole or in part and the Operating Agency
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, as amended,
and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, as amended, or
as otherwise provided by law.
7) The Operating Agency will include the portion of the sentence
immediately preceding paragraph 1 and the provisions of paragraphs 1
through 7 in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor, issued
pursuant to Section 204 of Executive Order 11246 of September 24, 1966,
as amended, so that such provisions will be binding upon each
subcontractor or vendor. The Operating Agency will take such action
with respect to any subcontract or purchase order as the Department of
Housing and Urban Development may direct as a means of enforcing such
provisions, including sanctions for noncompliance: Provided, however,
that in the event an Operating Agency becomes Tn—Vo— eF —in , or is
threatened with, litigation with a subcontractor or vendor as a result
of such direction by the Department of Housing and Urban Development,
the Operating Agency may request the United States to enter into such
litigation to protect the interests of the United States.
5
B. Equal Opportunity in Participation
Under the terms of Section IU9 of the Housing and Community Development Act
of 1974, and in conformance with County policy and all requirements imposed
by or pursuant to the Regulations of the Department of Housing and Urban
Development (24 CFR Part 570.601) issued pursuant to this Section, no
person in the United States shall on the ground of race, color, religion,
sex, age, handicap, sexual orientation, ancestry, national origin or any
other basis prohibited by applicable law be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under, any
program or activity funded in whole or in part with the community
development funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Operating Agency may not directly or through contractual or other
arrangements, on the ground of race, color, religion, sexual orientation,
ancestry, national origin, age, handicap, sex or any other basis prohibited
by applicable law:
a. Deny any facilities, services, financial aid, or other benefits
provided under the program or activity.
b. Provide any facilities, services, financial aid, or other benefits
which are different, or are provided in a different form from that
provide- to others under the program or activity.
c. Subject to segregated or separate treatment in any facility in, or in
any matter or process related to receipt of any service or benefit
under the program or activity.
d. 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 oenefits under the program or activity.
e. 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 benefit
provided under the program or activity.
f. Deny an opportunity to participate in a program or activity as an
employee.
C. Business and Employment Opportunities for Lower Income Residents.
The Operating Agency will conform with the rules and regulations set forth
unaer Section 3 of the Housiny ana Urban Development Act of 1968, (12 USC
1701u), as amended, and the HUD regulations issued pursuant thereto at 24
CFR Part 135. Tnis act requires that to the greatest extent feasible
opportunities for training and employment be given to lower income
residents of the project area, and contracts for work in connection with
the project be awarded to business concerns which are located in, or owned
in suustantial part by, persons residing in the area of the project. In
L
all solicitations for bids, the contractor must, before signing the
contract, provide a preliminary statement of the work force needs and plans
for possible training and employment of lower income persons. When an
Operating Agency utilizes the bidding procedure to let a bid, the invitation
or solicitation for bids shall advise prospective contractors of the
requirements of Section 3 of the Housing and Urban Development Act of 1968,
as amended, and the clause shall be inserted as a component part of any
contract or subcontract. If an Operating Agency solicits or requests an
invitation for bids, every effort feasible will be made to contact minority
organizations for a response to the solicitation or invitation for bidders.
D. Nondiscrimination in Federally -Assisted Programs.
In accordance with County policy and Title VI of the Civil Rights Act of
1964 (P.L. 88-352) in the sale, lease or other transfer of land acquired,
leased or improved with assistance provided under this Agreement, the deed
or lease for such transfer shall contain a covenant prohibiting
discrimination upon the basis of race, color, religion, sex, handicap,
sexual orientation, ancestry or national origin, in the sale, lease or
rental, or in the use or occupancy of such land or any improvements erected
or to be erected thereon. The Operating Agency will comply with Title VIII
of the Civil Rights Act of 1968 (P.L. 90-284) as amended and will administer
all programs and activities related to housing and community development in
a manner to affirmatively further fair housing.
E. Labor Standards.
Except with respect to the rehabilitation of residential property designed
for residential use for less than eight families, the Operating Agency and
all subcontractors engaged in contracts in excess of $2,000 for the
construction, prosecution, completion or repair of any building or work
financed in whole or in part with assistance provided under this Agreement
are subject to the federal labor standards provisions which govern the
payment of wages and the ratio of apprentices and trainees to
journeyworkers. Under the terms of the Davis -Bacon Act, as amended, the
Operating Agency is required to pay all laborers and mechanics employed on
construction work wages at rates not less than those prevailing on similar
construction in the locality as determined by the Secretary of Labor, and
shall pay overtime compensation in accordance with and subject to the
provisions of the Contract Work Hours and Safety Standards Act (4J
U.S.C.,327-332), and the Operating Agency shall comply with all regulations
issued pursuant to these Acts and with other applicable Federal laws and
regulations pertaining to labor standards. Provided, that if wage rates
higher than those required under the regulations are imposed by State or
local laws, nothing hereunder is intended to relieve the Operating Agency of
its obligation, if any, to require payment of the higher rates.
F. Flood Disaster Protection.
This Agreement is suoject to the requirements of the Flood Disaster
Protection Act of 1973 (P.L. 93-234). Use of any assistance provided under
this Agreement for acquisition or construction in an area identified as
having special flood hazards shall be subject to the mandatory purchase of
flood insurance in accordance with the requirements of Section 102(a) of
said Act.
7
G. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts Which Exceed $100,000).
The Operating Agency shall comply with and require each subcontractor to
comply with all applicable standards of the Clean Air Act of 1970 (42 U.S.C.
1857 et seq.), as amended, the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), as amended, and the regulations of the Environmental
Protection Agency with respect thereto, at 40 CFR Part 15, as amended from
time to time.
H. Provision of the Hatch Act.
Neither the Operating Agency program nor the funds provided therefor, nor the
personnel employed in the administration of the program shall be in any way
or to any extent engaged in the conduct of political activities in
contravention of Chapter 15 of Title 5, United States Code. ,
I. Lead -Based Paint.
Any grants or loans made by the Operating Agency for the rehabilitation of
residential structures with assistance provided under this Agreement shall be
made subject to the provisions for the elimination of lead -base paint
hazards under 24 CFR Part 35.
J. Special Assessments.
Operating Agency will not attempt to recover any capital costs of public
improvements assisted in whole or in part with funds provided under Section
106 of the Act or with amounts resulting from a guarantee under Section 108
of the Act by assessing any amount against properties owned and occupied by
persons of low and moderate income, including any fee charged or assessment
made as a condition of obtaining access to such public improvements, unless:
1) funds received under Section IUG of the Act are used to pay the proportion
of such fee or assessment that relates to the capital costs of such public
improvements that are financed from revenue sources other than under Title I
of the Act; or 2) for purposes of assessing any amount against properties
owned and occupied by persons of moderate income, the grantee certifies to
the Secretary of the Department of Housing and Urban Development that it
lacks sufficient funds received under Section 106 of the Act to comply with
the requirements of subparagraph 1).
K. Displacement
If Operating Agency causes the involuntary and permanent displacement of any
person as a result of Community Development Block Grant activities, it shall
comply with the County's plan to assist persons displaced by Block Grant
activities.
''1
L. Provisions Required by Law Deemed Inserted.
Each and every provision of law and clause required by law to be inserted in
this contract shall be deemed to be inserted herein and the contract shall be
read and enforced as though it were included herein, and if through mistake
or otherwise any such provision is not inserted, or is not correctly
inserted, then upon the application of either party the contract shall
forthwith be physically amended to make such insertion or correction.
IN WITNESS WHEREOF, the parties hereto have executed this contract.
COUNTY OF MARIN
Al Aramburu, Chairman
Board of Supervisors
"County's
ATTEST:
/�Y.L/LCe �-�L'�. HiQ..[_ , •-,�_
Clerk of tWe Board
MASTER FORM
APPROVED AS TO FORM:
r
[,n ty. ounseI /
CITY OF SAN RAFAEL
Lawrence E. Mulryan
Mayor
"Operating Agency"
ATTEST:
sty Clerk \
9
APPENDIX A
LOCATION
The project location will be primarily the Pickleweed Park Child Care
Facility, 50 Canal Street and Short Shool, 35 Marin Street in San Rafael.
APPENDIX B
GOALS, OBJECTIVES AND TASKS
The unmet need for quality child care continues to be a problem in
San Rafael. The most severe need is in the East San Rafael Area. CDBG
funds will be used for scholarships for families needing assistance
meeting child care costs.
APPENDIX C
BUDGET
Scholarships for child care $5,800
Source of Funds
Community Development Block Grant
Year 14 Entitlement Funds
AGREEMENT
THIS AGREEMENT, made and entered into on this 1st day of August , 1988,
by and between the COUNTY OF MARIN, State of California, as the Implementor of the
Community Development Block Grant Program (hereinafter referred to as "County"),
and CITY OF SAN RAFAEL (hereinafter referred to as the
"Operating Agency").
WITNESSETH
WHEREAS, the County of Marin has received a Community Development Block Grant from
the Department of Housing and Urban Development under Title I of the Housing and
Community Development Act of 1974, as amended (42 USC 5301 et seq) (the Act); and
WHEREAS, pursuant to such Grant, the County of Marin is undertaking certain programs
and services necessary for the planning, implementation or execution of such a
Community Development Program; and
WHEREAS, the County of Marin desires to engage the Operating Agency to render certain
services, programs, or assistance in connection with such undertakings of the
Community Development program, situated in the Project Area described in Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. Scope of Service. The Operating Agency shall perform all the necessary services
provided under this Contract in accordance with and respecting the following
project:
Afterschool Academy Homework Place
The Operating Agency shall do, perform and carry out, in a satisfactory manner,
as determined by the County, the goals, objectives, and tasks set forth in
Appendix B, and incorporated herein by reference.
2. Term of Contract. The services of the Operating Agency are to commence
on August 24, 1988 , 1988, and shall be undertaken and completed in such
sequence as to assure their expeditious completion in the light of the purposes
of this Contract unless so otherwise specified in the Contract in Section 8,
General Terms and Conditions, or in Section 9, Special Terms and Conditions.
Time is of the essence in the Agreement.
3. Compensation. The Operating Agency shall be paid a total consideration
of $1.oon for full performance of the services specified under this
Contract. Compensation shall be allowed on a reimbursement basis, only after
expenditures have been incurred by the Operating Agency in conformity with the
approved and executed budget document which is attached to this Contract as
Appendix C, incorporated herein by reference.
In every case, payment will be made subject to receipt of a requisition for
payment from the Operating Agency specifying and certifying that such expenses
have been incurred and expended in conformance with this Contract and that the
Operating Agency is entitled to receive the amount requisitioned under the terms
of this Contract.
1
COPY
The Operating Agency shall notify the County in writing of all authorized personnel
who shall be empowered to file requests for payment pursuant to this Agreement.
4. Use of Funds. Use of funds received pursuant to this Agreement shall be in
accordance with the requirements of the Housing and Community Development Act of
1974 (as amended), 24 CFR Part 570 and other regulations governing the Block
Grant program, and any amendments or policy revisions thereto which shall become
effective during the term of this Agreement. A copy of said regulations is
incorporated by reference. In addition, the Operating Agency agrees to comply
with other applicable laws, including Section 504 of the Rehabilitation Act of
1973, the Age Discrimination Act of 1975, and Executive Order 11063.
Further, any funded activity must be designed or so located as to principally
benefit lower income persons, aid in the prevention or elimination of slums or
blight, or meet urgent community development needs, as defined in the program
regulations.
5. Program Income. Program income derived from the project, if any, shall revert to
the County for use in the Block Grant program.
6. Assignment. Without written consent of the County, this Agreement is not
assignable by the Operating Agency, either in whole or in part.
7. Alteration. No alteration or variation in the terms of this Agreement shall be
valid unless made in writing and signed by the parties hereto.
8. General Terms and Conditions.
A. The Operating Agency agrees to submit program status reports to the County as
requested, and other reports as may be required.
B. The Operating Agency agrees to maintain racial, ethnic, gender, head of
household and family size data showing the extent to which these categories
of persons have participated in, or benefited from the project.
C. The Operating Agency agrees to keep all necessary books and records,
including property, personnel and financial records, in connection with the
operations and services performed under this Agreement, and shall document
all transactions so that all expenditures may be properly audited.
D. The Operating Agency agrees that the County or any authorized representative
has access to and the right to examine all records, books, papers or
documents related to the project.
E. The Operating Agency hereby severally warrants that all project records,
books, papers and documents will be retained for a period of not less than
four (4) years after the project terminates and grants the County the option
of retention of the project records, books, papers and documents.
rA
F. The Operating Agency agrees to obtain all necessary permits for intended
improvements or activities.
G. The Operating Agency agrees to purchase necessary flood insurance if its
project is located in a flood hazard area and the nature of the project
requires such insurance.
The Operatinu Agency, if its program invol.es housing, agrees to
affirmatively further fair housing.
I. The Operating Agency hereby severally warrants that it will establish and
adopt safeguards to prohibit members, officers, and employees from using
positions for a purpose that is or gives the appearance of being motivated
by a desire for private gain for themselves or others, particularly those
with whom they have family, business, or other ties. Further, no member,
officer, or employee of Operating Agency who exercises any functions or
responsibility with respect to the program during his or her tenure or for
one year thereafter, shall have any interest, direct or indirect, in any
contract or subcontract, or the proceeds thereof, either for themselves or
those with whom they have family or business ties, for work to be performed
in connection with the program assisted under this Agreement.
J. The undersigned person signing as an officer on behalf of the Operating
Agency, a party to this Agreement, hereby severally warrants and represents
that said person has authority to enter into this Agreement on behalf of
said Operating Agency and to bind the same to this Agreement, and, further
that said Operating Agency has authority to enter into this Agree,-ilent and
that there are no restrictions or prohibitions contained in any article of
incorporation or bylaws against entering into this Agreement.
K. The County shall not be responsible or liable for any debts, actions,
obligations, negligence, or liabilities committed or incurred by the
Operating Agency, its staff or clientele and the Operating Agency hereby
agrees to defend, hold harmless and indemnify the County from and against
any and all liabilities for debts, obligations, and negligence. No payment,
however, final or otherwise, shall operate to release the Operating Agency
from any obligations under this Contract.
9. Special Terms and Conditions
A. It is expressly understood and agreed that either party shall have the right
to terminate this Agreement upon 15 days written notice to the other party.
However, Operating Agency may not terminate an Assignment of Proceeds and
Grant of Lien without written consent of County. All reports or accountings
provided for herein shall be rendered whether or not falling due within the
contract period.
B. Further, the County reserves the right to terminate this contract upon
written notification to the Operating Agency under the following conditions:
1) Notification by HUD to the County that said project is ineligible
because of project location, services provided, or any other reaso^
cited by HUD.
3
2) Notification by HUD to the County that said project is deficient and
that continued support of the project is not providing an adequate
level of services to low income and minority people.
3) Written notification from HUD to the County that the program funds made
available to the County are being curtailed, withdrawn, or otherwise
restricted.
C. The County also reserves the right to terminate this Contract or to reduce
the contract compensation amount under the following conditions:
1) Failure of the Operating Agency to file required reports;
2) Failure of the Operating Agency to meet project dates;
3) Expenditure of funds under this Agreement for ineligible activities,
services or items;
4) Failure to comply with written notice from the County of substandard
performance in scope of services under the terms of this Agreement.
10. Other Provisions
A. Equal Employment Opportunity ((1) and (2) applicable to all contracts and
subcontracts, (3) through (7) applicable to all non-exempt construction
contracts and subcontracts which exceed $10,000).
During the performance of this contract, the Operating Agency agrees as
follows:
1) The Operating Agency shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, age,
handicap, sexual orientation, ancestry, national origin or any other
basis prohibited by applicable law. The Operating Agency shall take
affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race,
color, religion, sex, age, handicap, sexual orientation, ancestry, or
national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion or transfer, recruitment or
recruitment advertising; layoff or termina-.ion; rates of pay or other
forms of compensation; and selection for training including
apprenticeship. The Operating Agency agrees to post in conspicuous
places, available to employees and applicants for employment, notices
to be provided setting forth the provisions of this nondiscrimination
clause.
2) The Operating Agency will, in all solicitations or advertisements for
employees placed by or on behalf of the Operating Agency, state that
all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, age, handicap, sexual
orientation, ancestry, national origin or any ot'Oer basis prohibited by
applicable law.
4
3) The Operating Agency 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 advising the said
labor union or worker's representatives of the Operating Agency's
commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment.
4) The Operating Agency will comply with all provisions of Executive Order
11246, Equal Employment Opportunity, of September 24, 1965, as amended
by Executive Orders 11375 and 12086, copies of which are on file and
available at the County, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
5) The Operating Agency will furnish all information and reports required
by Executive Order 11246 of September 24, 1965, as amended, and by
rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to its books, records, and accounts by
the Department of Housing and Urban Development and the Secretary of
Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
6) In the event of the Operating Agency's noncompliance with the
nondiscrimination clauses of this contract or with any of the said
rules, regulations, or orders, this contract may be cancelled,
terminated, or suspended in whole or in part and the Operating Agency
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, as amended,
and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, as amended, or
as otherwise provided by law.
7) The Operating Agency will include the portion of the sentence
immediately preceding paragraph 1 and the provisions of paragraphs 1
through 7 in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor, issued
pursuant to Section 204 of Executive Order 11246 of September 24, 1965,
as amended, so that such provisions will be binding upon each
subcontractor or vendor. Tile Operating Agency will take such action
with respect to any subcontract or purchase order as the Department of
Housing and Urban Development may direct as a means of enforcing such
provisions, including sanctions for noncompliance: Provided, however,
that in the event an Operating Agency becomes Tnvo-Tved in, or is
threatened with, litigation with a subcontractor or vendor as a result
of such direction by the Department of Housing and Urban Development,
the Operating Agency may request the United States to enter into such
litigation to protect the interests of the United States.
61
B. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development Act
of 1974, and in conformance with County policy and all requirements imposed
by or pursuant to the Regulations of the Department of Housing and Urban
Development (24 CFR Part 570.601) issued pursuant to this Section, no
person in the United States shall on the ground of race, color, religion,
sex, age, handicap, sexual orientation, ancestry, national origin or any
other basis prohibited by applicable law be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under, any
program or activity funded in whole or in part with the community
development funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Operating Agency may not directly or through contractual or other
arrangements, on the ground of race, color, religion, sexual orientation,
ancestry, national origin, age, handicap, sex or any other basis prohibited
by applicable law:
a. Deny any facilities, services, financial aid, or other benefits
provided under the program or activity.
d. 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.
c. Subject to segregated or separate treatment in any facility in, or in
any matter or process related to receipt of any service or benefit
under the program or activity.
d. 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.
e. 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 benefit
provided under the program or activity.
f. Deny an opportunity to participate in a program or activity as an
employee.
C. Business and Employment Opportunities for Lower Income Residents.
The Operating Agency will conform with the rules and regulations set forth
under Section 3 of the Housiny ana Urban Development Act of 1968, (12 USC
1701u), as amended, and the HUD regulations issued pursuant thereto at 24
CFR Part 135. Tnis act requires that to the greatest extent feasible
opportunities for training and employment be given to lower income
residents of the project area, and contracts for work in connection with
the project be awarded to business concerns which are located in, or owned
in suustantial part by, persons residing in the area of the project. In
1
all solicitations for bids, the contractor must, before signing the
contract, provide a preliminary statement of the work force needs and plans
for possible training and employment of lower income persons. When an
Operating Agency utilizes the bidding procedure to let a bid, the invitation
or solicitation for bids shall advise prospective contractors of the
requirements of Section 3 of the Housing and Urban Development Act of 1968,
as amended, and the clause shall be inserted as a component part of any
contract or subcontract. If an Operating Agency solicits or requests an
invitation for bids, every effort feasible will be made to contact minority
organizations for a response to the solicitation or invitation for bidders.
D. Nondiscrimination in Federally -Assisted Programs.
In accordance with County policy and Title VI of the Civil Rights Act of
1964 (P.L. 88-352) in the sale, lease or other transfer of land acquired,
leased or improved with assistance provided under this Agreement, the deed
or lease for such transfer shall contain a covenant prohibiting
discrimination upon the basis of race, color, religion, sex, handicap,
sexual orientation, ancestry or national origin, in the sale, lease or
rental, or in the use or occupancy of such land or any improvements erected
or to be erected thereon. The Operating Agency will comply with Title VIII
of the Civil Rights Act of 1968 (P.L. 90-284) as amended and will administer
all programs and activities related to housing and community development in
a manner to affirmatively further fair housing.
E. Labor Standards.
Except with respect to the rehabilitation of residential property designed
for residential use for less than eight families, the Operating Agency and
all subcontractors engaged in contracts in excess of $2,000 for the
construction, prosecution, completion or repair of any building or work
financed in whole or in part with assistance provided under this Agreement
are subject to the federal labor standards provisions which govern the
payment of wages and the ratio of apprentices and trainees to
journeyworkers. Under the terms of the Davis -Bacon Act, as amended, the
Operating Agency is required to pay all laborers an", mechanics employed on
construction work waves at rates not less than those prevailing on similar
construction in the locality as determined by the Secretary of Labor, and
shall pay overtime compensation in accordance with and subject to the
provisions of the Contract Work Hours and Safety Standards Act (40
U.S.C.,327-332), and the Operating Agency shall comply with all regulations
issued pursuant to these Acts and with other applicable Federal laws and
regulations pertaining to labor standards. Provided, that if wage rates
higher than those required under the regulations are imposed by State or
local laws, nothing hereunder is intended to relieve the Operating Agency of
its obligation, if any, to require payment of the nigher rates.
F. Flood Disaster Protection.
This Agreement is sJoject to the requirements of the Flood Disaster
Protection Act of 1973 (P.L. 93-234). Use of any assistance provided under
this agreement for acquisition or construction in an area identified as
having special flood 'hazards shall be subject to the mandatory purchase of
flood insurance in accordance with the requirements of Section 102(a) of
said Act.
7
G. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts Which Exceed $100,000).
The Operating Agency shall comply with and require each subcontractor to
comply with all applicable standards of the Clean Air Act of 1970 (42 U.S.C.
1857 et seq.), as amended, the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), as amended, and the regulations of the Environmental
Protection Agency with respect thereto, at 40 CFR Part 15, as amended from
time to time.
H. Provision of the Hatch Act.
Neither the Operating Agency program nor the funds provided therefor, nor the
personnel employed in the administration of the program shall be in any way
or to any extent engaged in the conduct of political activities in
contravention of Chapter 15 of Title 5, United States Code.
I. Lead -Based Paint.
Any grants or loans made by the Operating Agency for the rehabilitation of
residential structures with assistance provided under this Agreement shall be
made subject to the provisions for the elimination of lead -base paint
hazards under 24 CFR Part 35.
J. Special Assessments.
Operating Agency will not attempt to recover any capital costs of public
improvements assisted in whole or in part with funds provided under Section
106 of the Act or with amounts resulting from a guarantee under Section 108
of the Act by assessing any amount against properties owned and occupied by
persons of low and moderate income, including any fee charged or assessment
made as a condition of obtaining access to such public improvements, unless:
1) funds received under Section 106 of the Act are used to pay the proportion
of such fee or assessment that relates to the capital costs of such public
improvements that are financed from revenue sources other than under Title I
of the Act; or 2) for purposes of assessing any amount against properties
owned and occupied by persons of moderate income, the grantee certifies to
the Secretary of the Department of Housing and Urban Development that it
lacks sufficient funds received under Section 106 of the Act to comply with
the requirements of subparagraph 1).
K. Displacement
If Operating Agency causes the involuntary and permanent displacement of any
person as a result of Community Development Block Grant activities, it shall
comply with the County's plan to assist persons displaced by Block Grant
activities.
0
L. Provisions Required by Lase Deemed Inserted.
Each and every provision of law and clause required by law to be inserted in
this contract shall be deemed to be inserted herein and the contract shall be
read and enforced as though it were included herein, and if through mistake
or otherwise any such provision is not inserted, or -is not correctly
inserted, then upon the application of either party the contract shall
forthwith be physically amended to make such insertion or correction.
IN WITNESS WHEREOF, the parties hereto have executed this contract.
COUNTY OF MARIN
CITY OF SAN RAFAEL
I
Al Aramburu, Chairman Lawrence E. Mulryan
Board of Supervisors Mayor
"County"
ATTEST:
�X/ ,, aazj
I)crjDC 1 erK of the .8-oard
MASTER FORM
APPROVED AS TO FORM:
av
Ljunt 4'ounsel
"Operating Agency"
ATTEST:
ji j- Clerk
i
APPENDIX A
LOCATION
The project is located at Miller Creek School, 2255 Las Gallinas
Avenue and Davidson Middle School, 280 Woodland Avenue, San Rafael.
APPENDIX B
GOALS, OBJECTIVES AND TASKS
The Homework Place is an enrichment program which provides qualified
assistance in a quiet environment. The children enrolled in the program
are there because of obstacles they encounter in getting their homework
done. CDBG funds will be used for scholarships for children of lower
income families who need financial assistance.
APPENDIX C
BUDGET
Scholarships for lower income families $1,000
Source of Funds
Community Development Block Grant
Year 14 Entitlement Funds