HomeMy WebLinkAboutCC Resolution 9433 (Pickleweed Park Playground Renovation Grant CDBG)RESOLUTION NO. 9433
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute on behalf of the City of San
Rafael a contract, lease or agreement with:
The County of Marin for Community Development Block Grant
Funds for Pickleweed Park Playground Renovation for $9,000.
a copy of which is hereby attached and by this reference made a part hereof.
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 said City, held on Monday, the 21st day of
AUGUST , 1995, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini
and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
J1AN`NE M. LEON6INI, CITY CLERK
ORIGINAL a45'
AGREEMENT
THIS AGREEMENT, made and entered into on this
day of 11ti4 , 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 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:
Scope of Service. The Operating Agency shall perform all the necessary services
provided under this Contract in accordance with and respecting the following
project:
Pickleweed Park Playground
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 October 11, 1995,
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. 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 $9,000
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
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THIS AGREEMENT, made and entered into on this 21stday of AUGUST ,1995, 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 Developmerif Block Grant
from the United States Department of Housing and Urban DevelopmentAHUD) under
Title I of the Housing and Community Development Act of 1974, as amended (42 USC
5301 et seq.) (the Act); and
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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 irj�Ithe Project Area described
in Appendix A.
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NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. Scone of Service. The Operating Agency shall perform all the necessary services
provided under this Contract in accordance with and respecting the following
project:
Pickleweed Park Playground
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 22,
1995, 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.
However, the obligations of Operating Agency under Section 5 (Program Income) shall
continue for any ad itional time period during which Operating Agency may receive or
remain in control c program income. An Assignment of Proceeds and Grant of Lien may
not be terminatedfivithout 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. 1�
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3. Compensation. The Operating Agency shall be paid a total consideration of $9,000
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
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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 Agencv 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. Proaram 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.
6. Assianment. 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.
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. Soecial 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;
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:
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 Development Act of 1968, as amer,ded, 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 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.
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.
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,
0
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
9
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
Harold C. Brown, Jr.,ti`ce President - eertJ. oro
Board of Supervisors Mayor
ATTEST:
"County" "Operating Agency" �I
J n'tre M. Leonci ni
City Clerk
Clerk of the Board
MASTER FORM
A//�/P//PRO///VELnD A//SJ7 TO FORM:
Robed —A Jai, C La 9116/94
(Original signature is an file.)
Robert H. San Chez
Deputy County Counsel
11
APPENDIX A
PROJECT AREA
The project location is 50 Canal Street, San Rafael, CA.
APPENDIX B
GOALS, OBJECTIVES, AND TASKS
The City of San Rafael will use CDBG funds for planning and design cost for the rehabilitation of
Pickleweed Park.
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.
Plans for the re -design of the park will be completed by June 30, 1996.
APPENDIX C
BUDGET
Planning and Design Costs $9,000
TOTAL $9,000
Source of Funds:
Community Development Block Grant
Year 19 Funds San Rafael 1$9,000
TOTAL 1 $9,000