HomeMy WebLinkAboutCC Resolution 13907 (CDBG; 9th Amendment)RESOLUTION NO. 13907
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE THE 9TH AMENDMENT TO
THE MARCH 28, 2006 COOPERATION AGREEMENT BETWEEN THE COUNTY OF
MARIN AND CITY OF SAN RAFAEL TO SECURE $191,200.00 IN FEDERAL
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR ADA
IMPROVEMENTS TO PUBLIC FACILITIES WITHIN THE CITY OF SAN RAFAEL.
WHEREAS, the August 2004 Americans With Disabilities Act (ADA) Settlement
Agreement between the federal Department of Justice (DOJ) and the City of San Rafael required
the City to construct 800 curb ramps over the 10 year, 6 month term of the Agreement; and
WHEREAS, San Rafael has applied for and received CDBG funding for the construction
of curb ramps each year since Fiscal Year 2006-2007; and
WHEREAS, each year's allocation requires an amendment to the original March 28,
2006 Cooperation Agreement between the County of Marin and the City of San Rafael; and
WHEREAS, Council has authorized eight such amendments to date; and
WHEREAS, the $191,200.00 available via this ninth amendment will bring the CDBG
total to $2,331,656.00 and will be distributed between the City's "Street Resurfacing Curb Ramps
13-14" project (#11219) and the "ADA -DOJ Curb Ramps 14-15" project (#11249).
NOW, THEREFORE, BE IT RESOLVED that the Council of the City
of San Rafael does hereby authorize the City Manager to execute Amendment 9 to the
original Cooperation Agreement between the County of Marin and the City of San Rafael,
in a form approved by the City Attorney.
I, ESTHER C. BEIRNE, City 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 Council of said City held on the 201h day of April, 2015, by the following vote, to
wit:
AYES: COUNCIL MEMBERS: Bushey, Colin, Gamblin and Vice -Mayor McCullough
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Mayor Phillips
ESTHER C. BEIRNE, City Clerk
File No.: 01.11.101
Citv of San Rafael Public Facilities ADA Imorovements (ADA Compliance)
AMENDMENT9
TO
APPENDIX C
BUDGET
Accessibility improvements for sidewalks and other $191,200
public facilities to meet Americans with Disabilities Act
(ADA) requirements
APR 27 1_ili5
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This Budget Amendment 9 includes only funds that have not been included in a previous contract or
contract amendment for Public Facilities ADA Improvements. This Budget Amendment 9 increases the
contract amount for the Public Facilities ADA Improvements by $191,200, resulting in an increase in the
total contract amount from $2,140,455.79 to $2,331,655.79. The work supported by this contract
amendment is scheduled to be completed by December 2015. This project will meet the Community
Development Block Grant Program national objective of low and moderate income benefit.
Source of Funds: Community Development Block Grant (CDBG)
WBS Element . Type of CDBG Funding Date Funding was Approved by Amount
Board of Supervisors
HUD -04536-01-14 San Rafael Planning Area Budgeted on May 6, 2014 $191,200
In accordance with the Voluntary Compliance Agreement between HUD and the County of Marin,
Operating Agency will collect and report data on the race, ethnicity (Hispanic/Latino or Non-
Hispanic/Non-Latino), gender, and disability characteristics of waiting list applicants and
participants or beneficiaries. Operating Agency will also analyze participation based on race,
ethnicity, gender and disability. If the participation rate by any particular minority group(s) is less
than that minority's representation among the general population of Marin County, Operating
Agency will develop affirmative marketing and outreach strategies targeting the under -represented
group(s).
In accordance with the Voluntary Compliance Agreement between HUD and the County of Marin,
Operating Agency will assure that all its written materials related to its administration of activities
and programs funded by this contract contain contact information that includes either a
Telecommunications Device for the Deaf (TDD) number or the number for the California Relay
Service.
COUNTY OF MARIN
4244 -
Katie Rice, President
Board of Supervisors
CITY OF SAN RAFAEL
Nancy
City Manager
E\Roy's Docs\PRRMS\CDBG\CONTRACT\San Rafael Curb Cuts Amentlmeut 9.13oc/roy
MARIN COUNTY
COMMUNITY DC -V- LOPM-F=NT AGQNCY
�.. ": FEDERAL GRANTS DIVISIONALEX-ANDS. DIRT=CTOR
March 28, 2006
Board of Supervisors
County of Marin
SUBJECT: Community Development Block Grant (CDBG) Cooperation Agreement with City
of San Rafael.
RECOMMENDATION: Authorize the Chair to sign three copies of the attached Community
Development Block Grant Agreement so that the sponsoring organization may begin work
on this project.
SUMMARY: On May 17, 2000, the Board of Supervisors approved CDBG budget which
included a funding allocation for the following project:
City of San Rafael
Public Facilities ADA Improvements
Throughout San Rafael
$103,193 for public facility improvements and modification for compling with the
Americans with Disabilities Act
The attached Community Development Block Grant Agreement formalizes the relationship
between the County and the sponsoring organization for the implementation of this project
and specifies the federal requirements which the sponsoring group must carryout, and
enables the sponsoring organization to begin work on the project.
FISCAL IMPACT: There is no financial impact on County general funds since the funding
for this project is from federal CDBG funds.
REVIEWED BY:
".0 -C i Y CL:.
:0 F',R C.; iu: t;d
Reid J. Thale
Planner
Revised 4/99
� L "7
[ ] Auditor Controller
[X] County Counsel (standard
form)
[ ] Human Resources
[X] Not Applicable
[ ] Not Applicable
[X] Not A plicable
a d
S 0
AGREEMENT
THIS AGREEMENT, made and entered into on this -1,9 day of In OP , 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 (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 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:
Public Facilities ADA Improvements
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 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. 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. 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)(8) 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 $103,193 for full
performance of the services specified under this Agreement. 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.
The Operating Agency shall not claim reimbursement from the County for that portion of its
obligations which has been 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 applicable laws, including the National Environmental Policy
Act of 1969 (and the implementing regulations at 24 CFR 58), 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, 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 the program regulations.
Operating Agency agrees to comply with the uniform administrative requirements specified at 24
CFR 570.502 and 24 CFR 570.610, including:
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.
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.
If Operating Agency executes an Assignment of Proceeds and Grant of Lien to the County,
specifying the terms of reversion of proceeds from possible future sale of real property, it is
incorporated by reference and made a part of this contract as Appendix D.
2
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 an
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.
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, 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 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.
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
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.
L. 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 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.
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 15 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.
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;
4
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; s
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:
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 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:
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, 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 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 any person with the legal right to work an opportunity to participate in a program
or activity as an employee.
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
7
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 Counfy
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 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 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 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.
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-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 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 Antidisplacement 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.
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
0]
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
' (10
)4wa-lil, 6, a"
Susan L. Adams President
Board of Supervisors
"County"
ATTEST:
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• :•. •
MASTER FORM
APPROVED AS TO FORM:
Robert H. San Chez 9/16/94
(Original signature is on file.)
Robert H. San Chez
Deputy County Counsel
CITY OF SAN RAFAEL
Ken-n%th A. Nordhoff
Interim City Manager
"Operating Agency"
I
APPENDIX A
PROJECT AREA
The project location is at throughout the City of San Rafael.
APPENDIX B
GOALS OBJECTIVES, AND TASKS
The City of San Rafael will use CDBG funds toward public facility improvements and modification for
compling with the Americans with Disabilities Act.
The Operating Agency agrees to attend training on the requirements of Section 504 of the
Rehabilitation Act of 1973 and the Americans with Disabilities Act.
The majority of clients will meet low income requirements established by the U.S. Department of
Housing and Urban Development.
The Operating Agency agrees to implement this project to qualify under the Community Development
Block Grant national objective of low and moderate income benefit.
The project will be completed by February 2008.
APPENDIX C
BUDGET
Public Facility improvements and Modification $103,193
for Compling with the Americans with Disabilities
Act
Source of funds
Community Development Block Grant
Esther Beirne
From:
Richard Landis
Sent:
Tuesday, April 14, 2015 11:36 AM
To:
Bateman, Roy
Cc:
Kevin McGowan; Esther Beirne
Subject:
RE: Precision inter jurisdictional contract processing
Roy:
Yikes! That's a lot of pressure but we shall, as always, persevere.
Thanks for your help with all this...
Richard Landis
Public Works Administrative Manager
415-485-3354
415-485-3334 (fax)
From: Bateman, Roy[
Sent: Friday, April 10, 2015 11:22 PM
To: Richard Landis
Cc: Brown, Amy; Ingram, Shelly
Subject: Precision inter -jurisdictional contract processing
Richard,
So here's the plan for processing the CDBG contract amendment for the curb cuts:
• April 20: Contract amendment will be on San Rafael City Council agenda as a consent calendar item.
• April 21: Contract amendment will be on Marin County Board of Supervisors agenda as a consent calendar
item. (The normal procedure is to get all other signatures before an item is placed on the Board agenda, but we
have asked for an exception. I've told the Board staff that we will have the signed contract very soon after the
Board meeting.)
• April 22: We will process payment for the City's invoices.
• April 23: We will draw reimbursement from HUD and meet the annual CDBG timely spending test!
Please call when the contract amendments are ready to be picked up (we'll need 3 signed originals), and we will pick
them up at City Hall or at your office. (I will be out on April 21, but you could call Amy Brown at 473-6279.)
Thanks!
--Roy
Roy Bateman
COMMUNITY DEVELOPMENT MANAGER
County of Marin
Community Development Agency
Marin County Community Development Agency
3501 Civic Center Drive, Suite 308
San Rafael, CA 94903
1
I15 473 6698 T
415 473 7880 F
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