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Home My WebLink AboutPW CDBG Funds for ADA Improvements 2010 AmendmentsCITnY O," a., Agenda Item No: 6 Meeting Date: April 5, 2010 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public ks� Prepared by-KZr City Manager Approval: it or is Works File No. 16.01.256 01.11.101 SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE TWO AMENDMENTS TO THE MARCH 28, 2006 COOPERATION AGREEMENT BETWEEN THE COUNTY OF MARIN AND CITY OF SAN RAFAEL TO ADD $400,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR ADA IMPROVEMENTS TO PUBLIC FACILITIES WITHIN THE CITY OF SAN RAFAEL RECOMMENDATION: Adopt Resolution I � �IJZ/IIJ�I1� The August 2004 Settlement Agreement between the federal Department of Justice and the City of San Rafael requires the City to address a lack of compliance with the Americans with Disabilities Act (ADA) and specific accessibility issues in City facilities and the public right-of- way. Paragraph 35 of the Settlement Agreement calls for the City to construct curb ramps for each resurfacing project undertaken since 1992, and for all subsequent resurfacing projects. Paragraph 35 states: "Within one year of the effective date of this Agreement, the City will identify and report to the Department all streets, roads, and highways that have been constructed or altered since January 26, 1992. Paving, repaving, or surfacing a street, road, or highway is considered an alteration for purposes of this Agreement. Filling a pothole is not considered an alteration for purposes of this Agreement. Within 10 years and six months of the effective date of this Agreement, the City will provide curb ramps or other sloped areas complying with the Standards or UFAS (Universal Federal Accessibility Standards) at all intersections of the streets, roads, and highways identified FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway." Public Works identified a backlog of approximately 800 curb ramps that should have been constructed since January 26, 1992. Approximately 300 ramps have been constructed since the August 2004 implementation of the Settlement Agreement, either directly through ADA -DOJ curb ramp construction projects, through annual street resurfacing projects or through public right-of-way projects undertaken by utilities such as the San Rafael Sanitation District. San Rafael has utilized CDBG funds for the two ADA -DOJ curb ramp construction projects executed since 2004. We have used a variety of other finding sources to pay for annual resurfacing projects, such as federal stimulus funds, Gas Tax, Local Measure A, Construction Vehicle Impact Fees, Refuse Vehicle Registration fees, Proposition 113, Proposition 42. ANALYSIS: The March 28, 2006 Cooperation Agreement between the County of Marin and the City of San Rafael identified $103,193 in CDBG funds for the construction of ADA curb ramps. The first amendment to the original Cooperation Agreement, for $300,000, was executed in 2007. Amendment #2 (executed in 2009) also added $300,000. These current amendments are the third and fourth to the original Cooperation Agreement. They differ slightly from previous amendments in that they impact two CDBG funding sources: Amendment #3 ($100,000) comes from the same CDBG source as previous amendments. Amendment #4 ($300,000) draws on American Recovery and Reinvestment Act (ARRA) "stimulus" funds. Taken together, the amendments between the City and the County of Marin formalize the award of $400,000 in CDBG funds for the upcoming curb ramp project. Since the 2004 signing of the Settlement Agreement San Rafael has received/will receive $1,103,193 in CDBG funding for curb ramp construction: $ 103,193: Cooperation Agreement $ 300,000: Amendment #1 $ 300,000: Amendment #2 $ 100,000: Amendment #3 (current) $ 300,000: Amendment #4 (current) $1,103,193 FISCAL IMPACT: Public Works staff is currently designing ramps for the next ramp construction project ("ADA - DOJ Compliance -Curb Ramps", #15006). Of the $400,000 CDBG allocation, $100,000 (Amendment 3 to Appendix B and Appendix C) will pay for staff assigned to the project. Since compensation for these individuals normally comes from the General Fund, the arrangement represents a $100,000 savings for the City. Public Works will use the remaining $300,000 (Amendment 4 to Appendix B and Appendix C) for curb ramp construction. With Council's approval, Public Works staff will combine the FY 09-10 CDBG allocation ($300,000) with the upcoming FY 10-11 allocation ($200,000). A $500,000 construction budget, supplemented with additional City funds (e.g., Gas Tax, Proposition 42) enables us to leverage a highly favorable bidding climate and therefore maximizes the number of ramps that SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 can be constructed. The enclosed January 12, 2010 letter from Public Works Director Parviz Mokhtari to Roy Bateman of the Marin County Community Development Agency summarizes our proposal. OPTIONS: The City Council may choose not to approve the amendments but staff does not recommend this option. In the current budgetary climate it would be difficult, if not impossible, to identify $400,000 in funds that could be used exclusively for the design and construction of curb ramps. ACTION REQUIRED: Staff recommends that the City Council adopt the resolution approving amendments 3 and 4 to the Cooperation Agreement between the Board of Supervisors and the City of San Rafael. Enclosures (3) 1. Resolution 2. Amendments 3 and 4 3. January 5, 2010 letter RESOLUTION NO. _ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE TWO AMENDMENTS TO THE MARCH 28, 2006 COOPERATION AGREEMENT BETWEEN THE COUNTY OF MARIN AND CITY OF SAN RAFAEL TO ADD $400,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR ADA IMPROVEMENTS TO PUBLIC FACILITIES WITHIN THE CITY OF SAN RAFAEL. WHEREAS, the August 2004 Americans With Disabilities Act (ADA) Settlement Agreement between the federal Department of Justice (DOJ) and the City of San Rafael calls for the construction of 800 curb ramps over the 10 year, 6 month term of the Agreement; and WHEREAS, San Rafael has applied for and received CDBG funding for the construction of ADA curb ramps each year since Fiscal Year 2006-2007; and WHEREAS, each year's allocation requires an amendment to the original March 28, 2006 Cooperation Agreement between the County of Marin and the City of San Rafael; and WHEREAS, Council has authorized two such amendments, one in FY 2007-2008 and the second in FY 2008-2009; and WHEREAS, funds available via the third amendment (for $100,000) and the fourth (for $300,000) will pay for the next ADA -DOJ curb ramp project, currently under design. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael Council does hereby authorize the City Manager to execute amendments 3 and 4 to the original Cooperation Agreement between the County of Marin and the City of San Rafael, in a form approved by the City Attorney. I, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 5`h day of April, 2010, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ESTHER C. BEIRNE, City Clerk City of San Rafael - Public Works San Rafael ADA Compliance AMENDMENT3 TO APPENDIX B GOALS, TASKS, AND OBJECTIVES City of San Rafael - Public Works will use CDBG funds for accessibility improvements to meet ada requirements. The project will be completed June 2011. The majority of clients will meet low income requirements established by the U.S. Department of Housing and Urban Development. AMENDMENT3 TO APPENDIX C BUDGET Accessibility improvements to meet ADA requirements. $100,000 This amendment increases the amount of the budget in the agreement from $703,193 to $803,193. WBS Element: HUD -04536-05-08 Source of Funds: Community Development Block Grant COUNTY OF MARIN Judy Arnold, President Board of Supervisors CITY OF SAN RAFAEL - PUBLIC WORKS Ken Nordhoff San Rafael City Manager City of San Rafael - Public Works San Rafael ADA Compliance (Funded by Community Development Block Grant Recovery [CDBG-R] Funds Under the American Recovery and Reinvestment Act of 2009 [Public Law 111-5, February 17, 2009]) AMENDMENT4 TO APPENDIX B GOALS, TASKS, AND OBJECTIVES City of San Rafael - Public Works will use CDBG funds for accessibility improvements to meet ADA requirements.. The project will be completed June 2011. The majority of clients will meet low income requirements established by the U.S. Department of Housing and Urban Development. The grant for this project consists of Community Development Block Grant Recovery (CDBG-R) Funds and is made pursuant to the authority of Title XII of Division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5, February 17, 2009) ("the Recovery Act"). This Agreement is governed by, and the Operating Agency shall comply with, the requirements of the Recovery Act; the Notice of Program Requirements for Community Development Block Grant Program Funding Under the American Recovery and Reinvestment Act of 2009, 74 Fed. Reg. 21816 (May 11, 2009), available at http://portal. hud,gov/portal/pis/portal/!PORTAL.wwpob_page.show?_doename=828032. PDF (as now in effect and as may be amended from time to time) ("the Notice'); Title I of the Housing and Community Development Act of 1974, as amended (42 USC 5301 et seq.) (as modified by the Notice); and the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time) as modified by the Notice ("the Regulations"). The Notice and the special conditions described in this Appendix B are incorporated by reference and constitute part of this Agreement. In the event of conflict between a provision of this Appendix B and any other provision of this Agreement, the provisions of Appendix B shall control. Operating Agency shall comply with government -wide guidance and standard award terms established by the Office of Management and Budget (OMB) concerning the implementation of the Recovery Act, including Requirements for Implementing Sections 1512, 1605, and 1606 of the American Recovery and Reinvestment Act of 2009 for Financial Assistance Awards, 74 Fed. Reg. 18449 (April 23, 2009) (to be codified at 2 CFR Part 176) (as now in effect and as may be amended from time to time). Notwithstanding the foregoing, the Operating Agency shall comply with Section 110 of the CDBG Statute concerning the Davis -Bacon Act. The Operating Agency shall comply with reporting requirements, including quarterly reports, established by HUD and OMB (including all revisions to such reporting requirements), as well as Sections 1511, 1515, and 1553 of the Recovery Act (including implementing guidance). The Operating Agency shall maintain information on all expenditures of funds under this Agreement, and any other records required by applicable law, in its files, and shall make such information available for audit or inspection by duly authorized representatives of the County, HUD, HUD's Office of the Inspector General, the Recovery Act Transparency Board, and the Comptroller General of the United States. In addition to other lawful remedies, the County reserves the right to restrict Operating Agency's access to CDBG-R funds for delinquent, incomplete, or inaccurate reporting. The Operating Agency is advised that providing false, fictitious, or misleading information with respect to CDBG-R funds may result in criminal, civil, or administrative prosecution under 18 U.S.C. § 1001, 18 U.S.C. § 1343, 31 U.S.C. § 3729, 31 U.S.C. § 3801, or another applicable statute. County is required to refer to HUD's Office of the Inspector General any credible evidence that Operating Agency, its employee, its contractor, or its subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving CDBG-R funds. Operating Agency agrees to follow all requirements for the use of CDBG-R funds that HUD requires or may require in the future. Operating Agency shall post a project sign consistent with criteria established by HUD, and shall require its contractors to do the same. Operating Agency shall have until January 1, 2012 to expend its entire CDBG-R grant amount. CDBG-R funds not expended by January 1, 2012 are subject to recapture and reallocation by County. Operating Agency shall obtain a DUNS number (or update its existing DUNS record) in accordance with the instructions at http://www.grants.gov/applicants/request_duns_number.jsp, and register with the Central Contractor Registration (CCR) in accordance with the instructions at https://www.bpn.gov/ccr/. Operating Agency shall extend all applicable terms and conditions of this grant award to subrecipients and contractors, including obtaining a DUNS number (or updating the existing DUNS record) in accordance with the instructions at http://www.grants.gov/applicants/request_duns_number.jsp, and registering with the Central Contractor Registration (CCR) in accordance with the instructions at https://www,bpn.gov/ccr/. Operating Agency shall provide County with statistics on the number of jobs created and the number of jobs retained by the project or activity, and such other data as County or HUD may require. In accordance with Section 1605 of the Recovery Act, Operating Agency shall comply with the provisions of the Buy American Act for all CDBG-R assisted public buildings and public works, and shall follow HUD implementation guidance with regard to Buy American requirements. Operating Agency shall ensure that all iron, steel, and manufactured goods used in construction, alteration, repair, or maintenance of a public building or public work project assisted with CDBG-R funds under the Recovery Act are produced in the United States unless the HUD Secretary finds that: (1) the requirement is inconsistent with the public interest; (2) those goods are not reasonably available or produced in sufficient quantity in the United States; or (3) the use of the goods will increase the project cost by more than 25 percent. Operating Agency shall assure that the requirements of this paragraph are included in bid documents and contracts for work funded under this Agreement. AMENDMENT4 TO APPENDIX C BUDGET Accessibility improvements to meet ADA requirements. $300,000 This amendment increases the amount of the budget in the agreement from $803,193 to $1,103,193. WBS Element: HUD -04536-05-08 Source of Funds: Community Development Block Grant -Recovery COUNTY OF MARIN Judy Arnold, President Board of Supervisors CITY OF SAN RAFAEL - PUBLIC WORKS Ken Nordhoff San Rafael City Manager CITY OF Mayor Albert J. Bora Council Members Greg Brockbank Damon Connolly Barbara Heller Marc Levine Department of Public Works, 415 -485 -3355 -Fax (415) 485-3334 January 5, 2010 File #16.01.256 01.11.101 Roy Bateman Marin County Community Development Agency 3501 Civic Center Drive, Room 308 San Rafael, CA 94903 Dear Roy: I am writing to summarize San Rafael's request to combine 2 years worth of Community Development Block Grant ADA curb ramp funding. As discussed, we propose combining the current FY 09-10 $300,000 allocation with $300,000 we expect will be available in FY 10-11 to take advantage of the current highly competitive bidding climate. A $600,000 CDBG allocation, supplemented with City of San Rafael funds, will enable contractors to reduce costs and therefore maximize the number of curb ramps that can be built. We plan to complete in-house design work by March and award the construction contract by spring 2010. Construction should begin in May or June, and will last approximately three months. San Rafael will pay for all project costs and will then request reimbursement from the County. We have received your confirmation that 09-10 CDBG funds are already available and that 10- 11 CDBG funds are expected to become available as of July 2010. The proposed timing of our project therefore coincides with the normal flow of CDBG funds, requiring no special action on the part of the County. You have suggested that the City consider accepting $100,000 in 09-10 CDBG funds, to be used for curb ramp design costs. I understand that acceptance will reduce our 10-11 allocation by $100,000, to $200,000. Instead of receiving $300,000 in 09-10 and $300,000 in 10-11, the curb ramp program would receive $400,000 and $200,000 respectively over the two fiscal years. I also understand that any unspent design funds will be available for construction. You have indicated that the County would accomplish the transfer by reprogramming $100,000 from the Gates Cooperative to the San Rafael Curb Ramp project in January 2010. The $100,000 reduction to San Rafael's 10-11 CDBG allocation could then be used to replenish the Gates Cooperative's allocation. 111 Morphew St., P.O. Box 151560, San Rafael, CA 94915-1560 Please accept this letter as confirmation that the City, pending Council approval, accepts the arrangements described above. We look forward to receiving your written confirmation. Sincerely, Pa¢ htan, lic Works Director i cc: Nader Mansourian, Assistant Public Works Director Richard Landis, Public Works Administrative Manager Cindy Mosser, Finance Director Katie Korzun, Economic Development Coordinator