HomeMy WebLinkAboutPW Community Development Block Grant (CDBG) Agreement____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: August 1, 2022
Disposition: Resolution 15111
Agenda Item No: 4.i
Meeting Date: August 1, 2022
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: April Miller,
Director of Public Works
City Manager Approval: __________
TOPIC: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENT
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE COUNTY OF MARIN FOR THE USE OF $184,008
OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE CITY’S
CANAL AREA PUMP STATION IMPROVEMENTS PROJECT
RECOMMENDATION:
Adopt the resolution authorizing the City Manager to execute an agreement with the County of
Marin for use of $184,008 of Community Development Block Grant funds for the City’s Canal
Area Pump Station Improvements project.
BACKGROUND:
The Community Development Block Grant (CDBG) is a federally funded program of the U.S.
Department of Housing and Urban Development (HUD) that provides funding for local
community-based projects including affordable housing, community infrastructure and capital
projects, and public support services. Since 2020, grant funds have been awarded for specific
projects over a 2-year cycle.
In February 2020, City staff applied for 2020-22 CDBG funding for its Canal Area Pump Station
Improvements project and was given conditional approval for $184,008. Approval for use of
these funds is contingent on completion of a National Environmental Policy Act (NEPA) review
and execution of an agreement between the County of Marin, as the CDBG implementer, and
the City of San Rafael. If approved, the CDBG funds will be used to replace the nonfunctional
generator at the 400 Canal Pump Station.
ANALYSIS:
In June 2022, the County of Marin informed City staff that the NEPA review had been completed
for this project and the City could proceed with executing an agreement with the County thus
authorizing the CDBG funds for use. In preparation, City staff have obtained estimates from
different vendors and intends to proceed with construction of this project soon after CDBG funds
become available.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
FISCAL IMPACT:
There is no fiscal impact for the execution of the agreement with the County of Marin.
OPTIONS:
The City Council has the following options to consider relating to this matter:
1. Adopt the resolution as presented.
2. Do not authorize execution of the agreement and provide direction to staff.
ATTACHMENT:
1. Resolution
2. Draft CDBG Agreement between Marin County and City of San Rafael
Page 1 of 1
RESOLUTION NO. 15111
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE COUNTY OF MARIN FOR THE USE OF $184,008 OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR THE CITY’S CANAL AREA PUMP
STATION IMPROVEMENTS PROJECT
WHEREAS, in February 2020, the City applied for funding from the 2020-22 cycle of
the Community Development Block Grant (CDBG) for its Canal Area Pump Station
Improvements project.
WHEREAS, City staff was notified by the CDBG implementer, Marin County, that
$184,008 of CDBG funding would be made available pending completion of a National
Environmental Policy Act (NEPA) review and execution of an agreement between the County
of Marin and the City of San Rafael; and
WHEREAS, in June 2022, City staff was informed that the NEPA review had been
completed and the City could proceed with executing an agreement with the County.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The City Manager is authorized and directed to execute an agreement with the County of
Marin for the use of $184,008 of CDBG funds for the City’s Canal Area Pump Station
Improvements project.
2. The Public Works Director is hereby authorized to take any and all such actions and make
changes as may be necessary to accomplish the purpose of this resolution.
I, LINDSAY LARA, 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 on the 1st day of August 2022, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Llorens Gulati
LINDSAY LARA, City Clerk
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A G R E E M E N T
THIS AGREEMENT, made and entered into on this ____ day of ___________, 2022, 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 "Subrecipient 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 530l 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 Subrecipient 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 Subrecipient Agency shall perform all the necessary services provided
under this Contract in accordance with and respecting the following project:
Canal Area Pump Station Improvements
The Subrecipient 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 Subrecipient Agency are to commence on <Month Day,
Year>, 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
Subrecipient Agency, or until this Agreement is otherwise terminated, unless otherwise
specified herein. However, the obligations of the Subrecipient Agency under Section 5
(Program Income) shall continue for any additional time period during which Subrecipient
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 Subrecipient 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 Subrecipient Agency shall be paid a total consideration of $184,008 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
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have been incurred by the Subrecipient 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
Subrecipient Agency specifying and certifying that such expenses have been incurred and
expended in conformance with this Contract and that the Subrecipient Agency is entitled to
receive the amount requisitioned under the terms of this Contract.
In addition, payment will be made subject to the Subrecipient Agency’s compliance with the
grant deliverables document which is attached to this Contract as Appendix D, incorporated
herein by reference.
The Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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”.
Subrecipient 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 Subrecipient 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
Subrecipient 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 Subrecipient 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 Subrecipient 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.
Subrecipient 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 Subrecipient 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
Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient Agency agrees to obtain all necessary permits for intended
improvements or activities.
G. The Subrecipient 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 Subrecipient 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.
I. The Subrecipient 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 Subrecipient Agency may need to conduct marketing in formats
that are accessible for persons with disabilities and in languages other than English.
J. The Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient Agency and to bind
the same to this Agreement, and, further that said Subrecipient 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 Subrecipient Agency, its
staff or clientele; and the Subrecipient 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 Subrecipient Agency
from any obligations under this Contract.
M. The Subrecipient 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
Subrecipient 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 Subrecipient Agency by virtue of this contract be an employee of the
County for any purpose whatsoever, nor shall any employee of the Subrecipient Agency
be entitled to any of the rights, privileges, or benefits of County employees. The
Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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
Subrecipient 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 Subrecipient
Agency following termination.
B. Further, the County reserves the right to terminate this contract upon written notification
to the Subrecipient 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 Subrecipient 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 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 Subrecipient Agency agrees as follows:
1) The Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient Agency will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient Agency becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by HUD, the Subrecipient 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
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program or activity funded in whole or in part with Community Development Block Grant
program funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Subrecipient 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 enjoyment of any advantage or privilege
enjoyed by others in connection with facilities, services, financial aid or other
benefits under the program or activity.
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 Subrecipient Agency will conform with the rules and regulations set forth under
Section 3 of the Housing and Urban Development Act of 1968, (12 USC 1701u), as
amended, and the HUD regulations issued pursuant thereto at 24 CFR Part 135. This Act
requires that, to the greatest extent feasible, opportunities for training and employment be
given to lower income residents of the project area, and contracts for work in connection
with the project be awarded to business concerns which are located in, or owned in
substantial part by, persons residing in the area of the project. In 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 Subrecipient 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.
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If an Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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
Subrecipient 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 Subrecipient 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.
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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.
H. Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and
Subcontracts Which Exceed $100,000).
The Subrecipient 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.
I. Provision of the Hatch Act.
Neither the Subrecipient 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 Subrecipient 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. Subrecipient 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 Subrecipient 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).
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L. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of Persons
and Businesses
The Subrecipient 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." The Subrecipient 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 Subrecipient Agency will
not cause either temporary or permanent involuntary displacement of persons or
businesses. If the Subrecipient 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 Subrecipient 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. Subrecipient 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 Subrecipient 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.
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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.
Each and every provision of law and clause required by law to be inserted in this contract
shall be deemed to be inserted herein and the contract shall be read and enforced as
though it were included herein, and if through mistake or otherwise any such provision is
not inserted, or is not correctly inserted, then upon the application of either party the
contract shall forthwith be physically amended to make such insertion or correction.
IN WITNESS WHEREOF, the parties hereto have executed this contract.
COUNTY OF MARIN CITY OF SAN RAFAEL
_______________________________ _______________________________
Katie Rice Jim Schutz
President Board of Supervisors City Manager
"County"
ATTEST:
___________________________
Deputy Clerk of the Board
MASTER FORM
APPROVED AS TO FORM:
Tarisha K. Bal
(Original signature is on file.)
Tarisha K. Bal
Deputy County Counsel
"Subrecipient Agency"
ATTEST:
___________________________
Lindsay Lara, City Clerk
APPROVED AS TO FORM:
___________________________
Robert F. Epstein, City Attorney
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APPENDIX A
PROJECT AREA
The project locations are the 400 Canal Pump Station: APN 008-020-02, 400 Canal Street and
Kerner Pump Station: APN 009-021-06, north of 3774 Kerner Blvd. Both are city-owned property.
These pump stations represent two of the five pump stations that serve the drainage system for
the Canal neighborhood of San Rafael located east of the 580/101 freeway and south of the canal
within the City of San Rafael.
APPENDIX B
GOALS, OBJECTIVES AND TASKS
The City of San Rafael Department of Public Works will use Community Development Block Grant
funds to support pump station improvements by replacing the standby generators at the two pump
stations. The generators, which were installed in 1984, have reached the end of their useful life.
One is inoperable. Both will be replaced with new generators that meet current emission
standards. Other proposed work includes replacement of the electrical transfer switches and
replacement of a corroded trash grate at the 400 Canal Street pump station. The existing pumps
and other equipment are in good condition and will not be replaced.
Based on census tract information, the Canal area population is 80% Hispanic, with minorities of
Caucasian and Asian descent. More than 80% of the people who live in this area are considered
moderate, low, very low, and extremely low-income persons. Completion of the Canal Area Pump
Station Improvement Project will help ensure that this community continues to receive flood
protection from the drainage system in this area.
APPENDIX C
ALLOCATION OF FUNDS
TOTAL $184,008
Generators, materials, and installation $184,008
The Housing and Federal Grant Planning Manager, or their designee, reserve the right to
reallocate funds in service of the program goals and objectives.
APPENDIX D
DELIVERABLES
Affirmative Marketing Plan
Prior to the final disbursement of grant funds the Subrecipient Agency must submit to the County
for review and approval, an assessment of previous affirmative marketing activities or an updated
affirmative marketing plan responding to findings of previous efforts 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 beginning when this agreement is executed 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 31st, covering the entire year. If invoices are submitted in
between reporting periods, Subrecipient Agency will be required to provide a project update.
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Reporting by the Subrecipient 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.
The Subrecipient Agency will report annually on Minority Owned Business and Woman Owned
Business engaged during the completion of activities contracted for, using HUD Form 2516, as
specified by section 10(C) of this contract. The report is due July 31st, covering the 12 months of
July 1st - June 30th unless otherwise indicated by staff.
Use of Facilities
If, for any reason, the Subrecipient Agency does not operate the facilities providing the activities
listed in Appendix B for a period of five years after the completion of the rehabilitation funded
under this Agreement, Subrecipient Agency agrees to reimburse County for all amounts spent
under this Agreement, in accordance with 24 CFR 570.503(b)(7).
