HomeMy WebLinkAboutPW Pickleweed Playground RehabilitationCOUNTY OF MARIN
Brian C. Crawford
DIRECTOR
Marin County Civic Center
3501 Civic Center Drive
Suite 308
San Rafael, CA 94903
415 473 6269 T
415 473 7880 F
415 473 2255 TTY
COMMUNITY DEVELOPMENT AGENCY
HOUSING AND FEDERAL GRANTS DIVISION
:...............................................................................................................................................
October 15, 2019
Marin County Board of Supervisors
3501 Civic Center Drive
San Rafael, CA 94903
�PPROW
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OCT 15 2019
MARIN COUNTY
BOARD OF SUPERVISORS
SUBJECT: Community Development Block Grant agreement with the City of San
Rafael Department of Public Works
Dear Board Members,
REVIEWED BY:
[ ] Department of Finance [ x ] N/A
[ x ] County Counsel (standard contract form) [ ] N/A
[ ] Human Resources [ x ] N/A
SIGNATURE:
L
c
Ji li n Nameth Zeiger Leelee Thomas
nner Planning Manager
Attachment: CDBG Program Agreement
4-5— qLc)4 (A?-`
RECOMMENDATION:
Building and Safety
Authorize the President to execute a Community Development Block Grant (CDBG)
Environmental Health Services
agreement with the City of San Rafael Department of Public Works (DPW), in the
Planning
amount of $72,899, for the rehabilitation of Pickleweed Playground.
Environmental Review
Housing
SUMMARY:
Sustainability
On May 7, 2019, the Board of Supervisors approved a CDBG grant recommendation
Code Enforcement
for the City of San Rafael DPW, allocating $72,899 in CDBG funding from fiscal year
GIs
Federal Grants
2019. The purpose of this grant is to rehabilitate playground equipment for Pickleweed
Park in the Canal Neighborhood of San Rafael. For reference, on May 8, 2018, the
www.marincounty.org/cdo
Board of Supervisors allocated $200,000 in funding to rehabilitate the playground.
FISCAUSTAFFING IMPACT:
Because the County's contribution to this project is in the form of federal CDBG funds,
there is no financial impact on County general funds. As contemplated in the federal
CDBG regulations, the County is providing grant funds to a subrecipient to implement
the subrecipient's public benefit project.
REVIEWED BY:
[ ] Department of Finance [ x ] N/A
[ x ] County Counsel (standard contract form) [ ] N/A
[ ] Human Resources [ x ] N/A
SIGNATURE:
L
c
Ji li n Nameth Zeiger Leelee Thomas
nner Planning Manager
Attachment: CDBG Program Agreement
4-5— qLc)4 (A?-`
AGREEMENT
THIS AGREEMENT, made and entered into on this 15 day of October, 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 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:
Pickleweed Playground Rehabilitation
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 July 1, 2019,
and shall be undertaken and completed in such sequence as to assure their expeditious
completion in 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 the
Operating Agency, or until this Agreement is otherwise terminated, unless otherwise specified
herein. However, the obligations of the 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. The 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 $72,899 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
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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 the 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.
The 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: 2 CFR Part 200, Subpart B, "General
Provisions"; 2 CFR Part 200, Subpart E, "Cost Principles", 200.416-417 "Special
Considerations for States, Local Governments and Indian Tribes"; 2 CFR Part 200,
Subpart F, "Audit Requirements"; and 2 CFR Part 225, "Cost Principles for State, Local
and Indian Tribal Governments.
If the Operating Agency is not a government agency: 2 CFR Part 200, Subpart E, "Cost
Principles, 200.418-419, "Special Considerations for Institutions of Higher Education"; 2
CFR Part 215, "Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations"; 2 CFR
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Part 220, "Cost Principals for Educational Institutions"; and 2 CFR Part 230, "Cost
Principles for Non -Profit Organizations".
Operating Agency is prohibited from using funds provided herein for political, sectarian,
religious, 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 the 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 E.
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, disability, family status,
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.
Operating Agency agrees to maintain any other information and meet reporting
requirements required by and further detailed in the appendices attached herein, and
hereby incorporated by reference.
C. The Operating Agency agrees to keep all necessary books and records, including
property, permits, licenses, income qualification, 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 expends $750,000 or more in combined federal assistance during its
fiscal year, it agrees to obtain either a single audit or a program -specific financial audit
conducted in accordance with OMB SuperCircular 2 CFR §200.
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.
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F. The Operating Agency agrees to obtain all necessary permits for intended improvements
or activities.
G. The Operating Agency agrees to pay for any federal environmental review process costs
associated with activities receiving $50,000 or more in Community Development Block
Grant program funds and requiring a level of environmental review including: Categorically
Excluded Subject to Section 58.5, Environmental Assessment, or Environmental Impact
Statement, unless waived by the Director.
H. The Operating Agency agrees to purchase necessary flood insurance if its project is
located in a flood hazard area and the nature of the project requires such insurance.
The 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.
J. 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 the 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.
K. 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.
L. The County shall not be responsible or liable for any claims, losses, debts, actions,
obligations, negligence, or liabilities committed or incurred by the Operating Agency, its
staff or clientele; and the Operating Agency hereby agrees to indemnify, defend, and hold
County, its employees, officers, and agents, harmless from any and all liabilities including,
but not limited to, litigation costs and attorney's fees arising from any and all claims and
losses to anyone who may be injured or damaged, debts, and/or obligations. No payment,
however, final or otherwise, shall operate to release the Operating Agency from any
obligations under this Contract.
M. 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
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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.
N. 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.
O. 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.
P. The Operating Agency should procure and maintain Commercial General Liability
insurance with limits of not less than $1,000,000 ($2,000,000 in the aggregate) per
occurrence naming the County of Marin as additional insured.
9. Special Terms and Conditions
A. It is expressly understood and agreed that either party shall have the right to terminate its
continued participation pursuant to this Agreement or reduce the compensation amount
upon 30 days written notice to the other party, subject to the limitations that follow. The
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 the Operating Agency
following termination.
B. Further, the County reserves the right to terminate this contract upon written notification
to the Operating Agency without 30 days prior written notice, 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.
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C. The County also reserves the right to terminate this Contract or to reduce the contract
compensation amount without 30 days written notice 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 SuperCircular
2 CFR §200.;
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 cure and comply with written notice from the County of substandard
performance under the terms of this Agreement and fails to cure and comply with
specified remedy requirements within the time frame provided.
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.
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3) The Operating Agency will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or 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.
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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.
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.
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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. Tenant Protection Standards
All housing providers using Community Development Block Grant program resources 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 federal,
state, and County laws regulating tenant protections and are precluded from raising rents
in excess of five -percent (5%) during a 12 month period, at any time in which an
Assignment of Proceeds and Grant of Lien is held on the property.
G. 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.
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H. 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.
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, or any revisions thereto.
J. 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 including those listed 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.
K. Special Assessments.
The Operating Agency will not attempt to recover any capital costs of public improvements
assisted in whole or in part with funds provided under Section 5306 of the Housing and
Community Development (HCD) Act of 1974 or with amounts resulting from a guarantee
under Section 5308 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 5306 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 5306 of the Act to comply with the requirements of subparagraph (1).
L. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of Persons
and Businesses
The 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
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Relocation Assistance Plan." The 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, the Operating Agency will not
cause either temporary or permanent involuntary displacement of persons or businesses.
If the 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.
M. Lobbying Restrictions
The 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.
N. Provisions Required by Law Deemed Inserted.
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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
K hrin Sears
President Board of Supervisors
"County"
ATTEST:
z4Yz lie,
9 -"I'll",
-„ , - -r..:j
MASTER FORM
APPROVED AS TO FORM:
Tarisha K. Bal
(Original signature is on file.)
Tarisha K. Bal
Deputy County Counsel
CITY OF SAN RAFAEL
Jim Schutz
City Manager
"Operating Agency"
ATTEST:
Lindsay Lara, City Clerk
APPROVED AS TO FORM:
Robert F. Epstein, City torney
12 of 12
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 improve landscaping and equipment at Pickleweed
Park, adjacent to Albert J. Boro Community Center in the Canal Neighborhood.
1C0>1IF_\I
APPENDIX C
ALLOCATION OF FUNDS
$72,899
Rehabilitation of Pickleweed Park $72,899
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 31St, covering July 1st through
December 31st, and by July 31s, 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.
P� RA f q
�iTk WITH P�`�
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Theo Sanchez Extension: 5326
Contractor Name: County of Marin (CDBG Agreement dated 10/15/19 — Pickleweed Playground Rehabilitation)
Contractor's Contact: Jillian Nameth Zeiger, AICP Contact's Email: JZeiger@marincounty.org
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE I DESCRIPTION
DEPARTMENT
1 Project Manager a. Email PINS Introductory Notice to Contractor
F 2 ; City Attorney
3 Department Director
4 1 Project Manager
5 1 Project Manager
PRINT
6 Project Manager
7 City Attorney
8 City Attorney
b. Email contract (in Word) and attachments to City
Attorney c/o Laraine.Gittens@cityofsanrafael.org
t a. Review, revise, and comment on draft agreement
and return to Project Manager
b. Confirm insurance requirements, create Job on i
PINS, send PINS insurance notice to contractor
Approval of final agreement form to send to
contractor
Forward three (3) originals of final agreement to
contractor for their signature
When necessary, contractor -signed agreement
agendized for City Council approval *
*City Council approval required for Professional Services
Agreements and purchases of goods and services that exceed
$75,000; and for Public Works Contracts that exceed $175,000
Date of City Council approval
CONTINUE ROUTING PROCESS WITH HARD COPY
Forward signed original agreements to City
Attorney with printed copy of this routing form
Review and approve hard copy of signed
agreement
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
9 City Manager/ Mayor Agreement executed by City Council authorized
_ official
10 City Clerk . Attest signatures, retains original agreement and
forwards copies to Project Manager
COMPLETED
DATE
N/A
9/30/2019
10/3/2019
N/A
10/4/2019
❑ N/A
Or
Click here to
enter a date.
REVIEWER
Check/Initial
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