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PW CDBG Program ImplementationAGREEMENT THIS AGREEMENT, made and entered into on this 12th day of March, 2019, 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 the City of San Rafael Department of Public Works (hereinafter referred to as the "Operating Agency"). WITNESSETH WHEREAS, the County of Marin has received a Community Development Block Grant from the United States Department of Housing and Urban Development (HUD) 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, as described in greater detail below, for the planning, implementation and execution of such a Community Development Block Grant 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 Block Grant 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: Rehabilitate Playground at 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 March 12, 2019 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). This Agreement shall remain in effect until all funds have been spent by Operating Agency, or until this Agreement is otherwise terminated, unless otherwise specified herein. However, the obligations of Operating Agency under Section 5 (Program Income) shall continue for any additional time period during which Operating Agency may receive or remain in control of program income, such funds being described in paragraph 5 herein. An Assignment of Proceeds and Grant of Lien may not be terminated without written consent of County. Operating Agency shall comply with the requirements of 24 CFR 570.503(b)(7) and/or any Assignment of Proceeds and Grant of Lien, at the County's sole discretion. Time is of the essence in the Agreement. 3. Compensation. The Operating Agency shall be paid a total consideration of $200,000 for full performance of the services specified under this Agreement, as explained in paragraph 2 above. 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 1 of 11 4-3- %Iq 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. In addition, payment will be made subject to Operating Agency's compliance with the grant deliverables document which is attached to this Contract as Appendix D, incorporated herein by reference. The Operating Agency shall not claim reimbursement from the County for that portion of its obligations which has or will be paid by another source of revenue. 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 Community Development 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 governing laws, as applicable, including, but not limited to, the National Environmental Policy Act of 1969 (and the implementing regulations at 24 CFR 58), the California Environmental Quality Act, the National Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of the Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8), the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the implementing regulations at 24 CFR 146), the prohibition against using debarred contractors at 24 CFR 570.609, the Davis -Bacon Act (as referenced in section 10. E. below) and Executive Orders 11063, 11246, 11375, 12086, and 12259. 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 24 CFR 570.208. Operating Agency agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including, but not limited to: If the Operating Agency is a government agency, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally - Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the Operating Agency is not a government agency, OMB Circular A-122, "Cost Principles for Non -Profit Organizations," or OMB Circular A-21, "Cost Principles for Educational Institutions," as applicable; and Attachments A, B, C, F, H, N, and O to OMB Circular A-110, as specified at 24 CFR 570.502(b). Operating Agency is prohibited from using funds provided herein for political activities, sectarian or religious activities, or lobbying activities. 2of11 5. Program Income. Program income (defined at 24 CFR 570.500) derived from the project, if any, shall revert to the County for use in the Community Development 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 on at least a bi-annual basis or more frequently if requested, and other reports as may be required. B. The Operating Agency agrees to maintain racial, ethnic, gender, head of household, household income, and household size data showing the extent to which these categories of persons have participated in, or benefited from the project, and to submit this information to the County within 30 days of a request from the County. 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. If the Operating Agency receives between $25,000 and $100,000 in combined federal assistance during its fiscal year, it agrees to obtain either an audit conducted in accordance with OMB Circular A-133 or a program -specific financial audit. If the Operating Agency receives $100,000 or more in combined federal assistance, it agrees to obtain either (1) an audit conducted in accordance with OMB Circular A-133, or (2) if it participates in only one federal program, a program -specific financial audit. 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 at any time. 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. 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 agrees to conduct affirmative marketing for housing and services provided through this funding. Affirmative marketing activities include, but are not limited to, methods of advertising and community outreach, that are designed to reach persons who are least likely to apply for the program. In order to reach persons who are least likely to apply, the Operating Agency may need to conduct marketing in formats that are accessible for persons with disabilities and in languages other than English. 3of11 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 financial 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. 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 bylaw 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. The Operating Agency hereby certifies that, in the implementation of projects funded by this Agreement and in all of its other operations, it will comply with all requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8), the Americans with Disabilities Act of 1990 (PL 101-336), and all state and local laws requiring physical and program accessibility to people with disabilities, and agrees to defend, hold harmless, and indemnify the County from and against any and all liability for any noncompliance with any law on the part of the Operating Agency. M. Nothing contained in this Agreement is intended to, or shall be construed in any manner to, create or establish an employer-employee relationship between the parties, nor shall any employee of the Operating Agency by virtue of this contract be an employee of the County for any purpose whatsoever, nor shall any employee of the Operating Agency be entitled to any of the rights, privileges, or benefits of County employees. The Operating Agency shall be deemed at all times an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this contract. The Operating Agency assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment. N. The Operating Agency agrees to participate in training to become informed about the regulations governing the Community Development Block Grant Program, especially with regard to changes in the regulations, provisions requiring nondiscrimination on the basis of disability, and provisions regarding relocation. 4of11 9. Special Terms and Conditions A. It is expressly understood and agreed that either party shall have the right to terminate this Agreement or reduce the compensation amount upon 30 days written notice to the other party. However, Operating Agency may not terminate its obligations under Section 5 (Program Income) and 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. Additionally, County shall not be under any further obligation, including any additional payments, to Operating Agency following termination. B. Further, the County reserves the right to terminate this contract upon written notification to the Operating Agency under any of 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; 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; or 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 if the Operating Agency: 1) Fails to file required reports or to meet project progress or completion deadlines; 2) Materially fails to comply with any provision of this Agreement (which may result in suspension or termination in accordance with 24 CFR 85.43 or OMB Circular A- 110, Attachment L); 3) Expends funds under this Agreement for ineligible activities, services or items; 4) Implements the project prior to notification from the County that the federal environmental review process has been completed; 5) Violates Labor Standards requirements; or 6) Fails to comply with written notice from the County of substandard performance under the terms of this Agreement. 10. Other Provisions A. Equal Employment Opportunity The following provisions (1) and (2) are applicable to all contracts and subcontracts; provisions (3) through (7) are applicable to all non-exempt construction contracts and subcontracts which exceed $10,000: 5of11 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, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, familial status, 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, creed, religion, sex, age, handicap, disability, 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, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable law. 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 workers' 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 HUD 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 6of11 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 HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event an Operating Agency becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD, the Operating Agency may request the United States to enter into such litigation to protect the interests of the United States. 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 HUD (24 CFR Part 570.601 and 570.602) issued pursuant to Section 109, no person in the United States shall on the ground of race, color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, familial status, 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 Community Development Block Grant Program 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, creed, religion, sexual orientation, ancestry, national origin, marital status, familial status, age, handicap, disability, sex or any other basis prohibited by applicable law: 1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. 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. 3) Subject to segregated or separate treatment in any facility, or in any matter or process related to receipt of any service or benefit under the program or activity. 4) Restrict in any way access to, or the enjoyed by others in connection with benefits under the program or activity. enjoyment of any advantage or privilege facilities, services, financial aid or other 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 benefit provided under the program or activity. 6) Deny any person with the legal right to work an opportunity to participate in a program or activity as an employee. 7of11 C. Business and Employment Opportunities for Lower Income Residents, Women -Owned Business Enterprises, and Minority -Owned Business Enterprises. The Operating Agency will conform with the rules and regulations set forth under Section 3 of the Housing and Urban Development Act of 1968, (12 USC 1701 u), 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 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-owned and women -owned business enterprises for a response to the solicitation or invitation for bidders. D. Nondiscrimination in Federally -Assisted Programs. The Operating Agency will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42 USC 2000d et seq.) and the Fair Housing Act (42 USC 3601-20). In accordance with County policy and Title VI of the Civil Rights Act of 1964 (PL 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, creed, religion, sex, handicap, disability, sexual orientation, ancestry, national origin, marital status, or familial status, 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 (PL 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 households, the Operating Agency and all subcontractors engaged in contracts in excess of $2,000 for the construction, completion, rehabilitation, 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 journey workers. 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 USC 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, including the Copeland "Anti -Kickback" Act. Provided, that if wage rates higher than those required under the regulations are imposed by State or local laws, nothing hereunder is intended 8of11 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 (PL 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. 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 USC 1857 et seq.), as amended, the Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 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. 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-based paint hazards under 24 CFR Part 35. Operating Agency will comply with the requirements of 24 CFR 570.608 for notification, inspection, testing, and abatement procedures concerning lead-based paint. Such regulations require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may contain 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. 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 HUD that it lacks 9of11 sufficient funds received under Section 106 of the Act to comply with the requirements of subparagraph (1). K. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of Persons and Businesses Operating Agency will comply with the "County of Marin Community Development Block Grant Program Plan for Minimizing the Displacement of Persons As a Result of Community Development Block Grant Funded Activities" and the "County of Marin Community Development Block Grant Program Residential Anti -displacement and Relocation Assistance Plan." Operating Agency will conduct any acquisition, rehabilitation, or demolition of real property, and any negotiations for acquisition, rehabilitation, or demolition of real property in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. Unless specifically permitted in Appendix B or Appendix C, Operating Agency will not cause either temporary or permanent involuntary displacement of persons or businesses. If Operating Agency causes the involuntary temporary or permanent displacement of any person or business as a result of Community Development Block Grant activities, it shall comply with the County's "Plan to Assist Persons Actually Displaced by Community Development Block Grant Activities," and Operating Agency shall provide all notices, advisory assistance, relocation benefits, and replacement dwelling units as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. Operating Agency hereby agrees to defend, to pay, and to indemnify the County from and against, any and all claims and liabilities for relocation benefits or the provision of replacement dwelling units required by federal statutes and regulations in connection with activities undertaken pursuant to this Agreement. L. Lobbying Restrictions Operating Agency certifies that, to the best of its knowledge and belief: 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; 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 It will require that the language of this paragraph L be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 10 of 11 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, United States Code. 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. M. 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 Kathrin Sears President Board of Supervisors "County" ATTEST: Deputy Clerk of the Board MASTER FORM APPROVED AS TO FORM: Tarisha K. Bal 0810212018 (Original signature is on file.) Tarisha K. Bal Deputy County Counsel CITY OF SAN RAFAEL DEPARTMENT OF PUBLIC WORKS �\�Pual— Orn S hutz anager "Operating Agency" ATTEST: �Y_ aAA�- Lindsay Lara, City Clerk APPROVED AS TO FORM: Lai�u�,Lffrff- Robert F. Epstein, C y Att ney 11 of 11 APPENDIX A PROJECT AREA The project location is 50 Canal Street, San Rafael, California. APPENDIX B GOALS, OBJECTIVES AND TASKS Operating Fund will use CDBG funds to replace play structures and equipment at Pickleweed Park, adjacent to Albert J. Boro Community Center in the Canal Neighborhood. Existing structures for toddlers and the main play structure will be replaced with similar equipment. TOTAL APPENDIX C ALLOCATION OF FUNDS $200,000 Rehabilitation of Pickleweed Park $200,000 APPENDIX D DELIVERABLES Affirmative Marketing Plan Prior to construction the Operating Agency must submit to the County for review and approval, an affirmative marketing plan to ensure the project reaches protected classes that would be least likely to access and benefit from the project. Reporting Two (2) reports will be due annually the while funds are being expended and until the project is deemed complete by the County. Reports will be due by January 3151, covering July 1st through December 3111, and by July 31st, covering January 1st through June 30th. If invoices are submitted in between reporting periods, Operating Agency will be required to provide a project update. Reporting by Operating Agency will include, but not be limited to, providing data on the project's progress, beneficiaries, funding category specific requirements, and affirmative outreach and marketing activities to promote increased participation by members of protected classes. In addition, following the completion of the project the Operating Agency will report to the County on an annual basis for three (3) years; demographic information about the current tenants of all affordable units created, including at a minimum the head -of -household member's race, ethnicity, sex, presence of minor children, presence of any household member with a disability, and if the household resides in an accessible unit. RA FBF! s 2 Coll, 1;1 WITH pel`�' CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. T'O BE COMPLETED BY INITIATING DEPARTMENT PROJECTMANAGER Contracting Department: DPW Project Manager: TS Extension: 3354 Project Name: CDBG agreement Contractor's Contact: Jillian Zeieer Contact's Email: 1Zeiger@marincounty.ors Step RESPONSIBLE DEPARTMENT DESCRIPTION COMPLETED DATE REVIEWER (Initials) purchases ol'goods card services that exceed S75,001J and Jnr Public Works 5 a. Email PINS Introductory Notice to Contractor Contracts that exceed 5175,000 (Enter date of Council Meeting) PRINT CONTINUE ROUTING PROCESS WITH HARD COPY b. Email Contract (in Word) & attachments to City Attorney c/o Forward signed original agreement to City Attorney with printed copy of I Project Manager Laraine.Gittensncityofsanrafael.org 2/27/2019 TS Review and approve hard copy of signed agreement a. Review, revise and comment on draft agreement and return to Project Review and approve insurance in PINS, and bonds (for public works 8 City Attorney contracts) Manager 2!27!2019 LG 9 Manager/Mayor b. Confirm insurance requirements, create Job on PINS, send PINS 2 City Attorney insurance notice to contractor. 2;27/2019 LG (N A) Project Manager Forward Final Copy to Contractor Approval of final agreement form to send to contractor. (Provide Dept - 3 Department Director Director Financia! Sunintary it Agreement) Forward three (3) originals of final agreement to contractor for their 4 Project Manager signature. When necessary, contractor -signed agreement agendized for Council N_ (pity C ouned approval required 1hr Prolaysional Services' Agreements and purchases ol'goods card services that exceed S75,001J and Jnr Public Works 5 Project Manager Contracts that exceed 5175,000 (Enter date of Council Meeting) PRINT CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreement to City Attorney with printed copy of 6 Project Manager this routing form 7 City Attorney Review and approve hard copy of signed agreement Review and approve insurance in PINS, and bonds (for public works 8 City Attorney contracts) City 9 Manager/Mayor Agreement executed by Council authorized official Attest signatures, retains original agreement and forwards copies to project 10 City Clerk manager 11 Project Manager Forward Final Copy to Contractor N_