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HomeMy WebLinkAboutCD Cooperation Agreement for Grant Programs; 1st AmendmentFIRST AMENDMENT TO THE COOPERATION AGREEMENT BETWEEN THE COUNTY OF MARIN AND CITY OF SAN RAFAEL FOR A COMMUNITY DEVELOPMENT PROGRAM This FIRST AMENDMENT ("First Amendment") to that certain Community Development Block Grant and Home Investment Partnerships Program Cooperation Agreement between the County of Marin, a political subdivision of the State of California, hereinafter called "County," and City of San Rafael, a municipal corporation of the State of California, located in the County of Marin, hereinafter called "City," collectively referred to as "Parties," dated on or about June 24, 2020 ("Cooperation Agreement"), is hereby entered into between the Parties, effective July 25, 2023. The purpose of this First Amendment is to renew the Cooperation Agreement for federal fiscal years 2024-2026 and to incorporate into the Cooperation Agreement language as required by the U.S. Department of Housing and Urban Development (HUD), Office of Community Planning and Development (CPD) Notice 23-02. Accordingly, the County of Marin and the City hereby agree as follows: 1. Amendment to Paragraph 9. Paragraph 9 of the Cooperation Agreement is hereby amended as follows: County, City, and all other cooperating cities shall take all actions necessary to assure compliance with the urban county's certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, and that the grant will be conducted and administered in conformity with regarding Title VI of the Civil Rights Act of 1964, the Fair Housing Act,-uffl,..,,.,tiyely fidi4 er-kig fair housing and the implementing regulations at 24 CFR part 100, and will affirmatively further fair housing. See 24 CFR § 91.225(a) and Affirmatively Furthering Fair Housing Definitions and Certifications (86 FR 30779, June 10, 2021), to be codified at 24 CFR 5.151 and 5.152. County, City, and all other cooperating cities shall also take all actions necessary to assure compliance with Section 109 of Title I of the Housing and Community Development Act of 1974 (which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975), and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968, and other applicable laws. Use of urban county funds for activities in, or in support of, any cooperating city that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's actions to comply with the county's fair housing certification shall be prohibited. The City must also sign the assurances and certifications in the HUD 424- 6, attached hereto. Pursuant to 24 CFR 570.501(b), City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as described in 24 CFR 570.503. County, City, all other cooperating cities, metropolitan cities, urban counties, units of general local government, Indian tribes, and insular areas that directly or indirectly receive funds provided under Title I of the Housing and Community Development Act of 1974, as amended, may not sell, trade, or otherwise transfer all or any portion of such funds to another such entity in exchange for any other funds, credits, or non -Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended. 2. Amendment to Fiscal Year References. All references in the Cooperation Agreement to "federal fiscal years 2021, 2022, and 2023" are hereby amended to refer to "federal fiscal years 2021, 2022, 2023, 2024, 2025, and 2026." All Other Provisions Unchanged. All provisions of the Cooperation Agreement not explicitly amended through this First Amendment remain in full force and effect. 4. Authority to Execute Amendment. The person signing on behalf of the City of San Rafael certifies to the County that he/she/they has the authority to execute this First Amendment, and that execution of this First Amendment on behalf of the City is in accord with all City processes for obtaining such signature. The person executing this First Amendment on behalf of the City recognizes that the County will rely on this certification in order to procure funds from HUD for use by the City. IN WITNESS WHEREOF, the Parties have executed the above instrument on the day and year first above written. COUNTY OF MARIN By:e-- Stephanie Moulton -Pet s, President Board of Supervisors ATTEST: CITY OF SAN RAFAEL By: a!, Mayor Kate Colin ATTEST: Deputy Clerk of the Board j r Clerk Z�`�-[/ MASTER FORM APPROVED AS TO FORM: -X//? BriAdon Halt 6z, -- Deputy County Counsel County of Marin X01 RAF,q�! June 30, 2023 /Ty WITH Angelo Tom Community Planning and Development Division US Department of Housing and Urban Development One Sansome Street 3rd Floor, Suite 1200 San Francisco, CA 94104 Dear Angelo: In 2008, the City of San Rafael chose to defer its "metropolitan city" status for the Community Development Block Grant Program ("CDBG") and remain part of the CDBG urban county for the three- year qualification period for appropriations for federal fiscal years 2009-2011. The City of San Rafael chose to continue to defer its "metropolitan city" status for the CDBG program and remain part of the CDBG urban county for fiscal years 2012-2023. The City of San Rafael wishes to continue to defer its "metropolitan city" status, maintain its current relationship with the County of Marin, and remain part of the CDBG urban county for the three-year qualification period for appropriations for federal fiscal years 2024, 2025, and 2026. This action was approved by the City Council of the City of San Rafael on June 5, 2023. Sincerely, /A, 441 el a�l Kate Colin, Mayor City of San Rafael CC: Leelee Thomas, Deputy Director, Marin County CDA Eli Hill, Priority Setting Committee Member Alicia Giudice, Community Development Director Chris Hess, Assistant Community Development Director Kate Colin, Mayor • Maika Llorens Gulati, Vice Mayor • Maribeth Bushey, Councilmember • Eli Hill, Councilmember • Rachel Kertz, Councilmember STATE OF CALIFORNIA ) COUNTY OF MARIN ) CERTIFICATION OF RECORD OF PROCEEDINGS I, Lindsay Lara, City Clerk for the City of San Rafael, do hereby certify that the attached document is a true and correct copy of the document contained in the records of the City of San Rafael pertaining to Resolution 15219. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of San Rafael this 23rd day of June 2023. Lindsay Lara, City Clerk RESOLUTION NO. 15219 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF A THREE-YEAR AMENDMENT TO THE CITY'S COOPERATION AGREEMENT WITH THE COUNTY OF MARIN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PROGRAMS WHEREAS, it is mutually desired by the City of San Rafael and the County of Marin that they may amend and extent their existing Cooperation Agreement, in accordance with the Housing and Community Development Act of 1974, as amended, in order to jointly undertake community renewal and lower income housing assistance activities; and WHEREAS, as a result of the Cooperation Agreement between the Marin cities and towns and the County of Marin, Marin has received over $79 million in CDBG and HOME funding for housing and community facilities and public service projects benefitting lower income persons since 1975; NOW THEREFORE BE IT RESOLVED that the City Council of the City of San Rafael approves and authorizes the Mayor, on behalf of the City, to execute an amendment to the Cooperation Agreement with the County of Marin for the Community Development Block Grant Program, the HOME Investment Partnerships Program and the Emergency Solutions Grants Program. The three-year period shall be for the federal Fiscal Years 2024, 2025, and 2026. BE IT FURTHER RESOLVED, that the City hereby adopts the policies included in the Cooperation Agreement, including by authorizing the Mayor, on behalf of the City, to execute the City's HUD 424-B Assurances and Certifications form. I, Lindsay Lara, 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 City Council of said City held on the 5th day of June, 2023 by the following vote: AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk Applicant and Recipient U.S. Department of Housing Assurances and Certifications and Urban Development OMB Number: 2510-0017 Expiration Date: 1/31/2026 Instructions for the HUD 424-B Assurances and Certifications As part of your application for HUD funding, you, as the official authorized to sign on behalf of your organization or as an individual, must provide the following assurances and certifications. The Responsible Civil Rights Official has specified this form for use for purposes of general compliance with 24 CFR §§ 1.5, 3.115, 8.50, and 146.25, as applicable. The Responsible Civil Rights Official may require specific civil rights assurances to be furnished consistent with those authorities and will specify the form on which such assurances must be made. A failure to furnish or comply with the civil rights assurances contained in this form may result in the procedures to effect compliance at 24 CFR §§ 1.8, 3.115, 8.57, or 146.39. By submitting this form, you are stating that all assertions made in this form are true, accurate, and correct. As the duly representative of the applicant, I certify that the applicant: [Insert below the Name and title of the Authorized Representative, name of Organization and the date of signature]: *Authorized Representative Name: Kate Colin *Title: Mayor *Applicant/Recipient Organization: City of San Rafael 1. Has the legal authority to apply for Federal assistance, has the institutional, managerial and financial capability (including funds to pay the non -Federal share of program costs) to plan, manage and complete the program as described in the application and the governing body has duly authorized the submission of the application, including these assurances and certifications, and authorized me as the official representative of the application to act in connection with the application and to provide any additional information as may be required. 2. Will administer the grant in compliance with Title A of the Civil Rights Act of 1964 (42 U.S.0 2000(d)) and implementing regulations (24 CFR part 1), which provide that no person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any program or activity that receives Federal financial assistance OR if the applicant is a Federally recognized Indian tribe or its tribally designated housing entity, is subject to the Indian Civil Rights Act (25 U.S.C. 1301-1303). 3. Will administer the grant in compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and implementing regulations at 24 CFR part 8, the American Disabilities Act (42 U.S.C. §§ 12101 et.seq.), and implementing regulations at 28 CFR part 35 or 36, as applicable, and the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) as amended, and implementing regulations at 24 CFR part 146 which together provide that no person in the United States shall, on the grounds of disability or age, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives Federal financial assistance; except if the grant program authorizes or limits participation to designated populations, then the applicant will comply with the nondiscrimination requirements within the designated population. 4. Will comply with the Fair Housing Act (42 U.S.C. 3601- 19), as amended, and the implementing regulations at 24 CFR part 100, which prohibit discrimination in housing on the basis of race, color, religion sex (including gender identity and sexual orientation), disability, familial status, or national origin and will affirmatively further fair housing; except an applicant which is an Indian tribe or its instrumentality which is excluded by statute from coverage does not make this certification; and further except if the grant program authorizes or limits participation to designated populations, then the applicant will comply with the nondiscrimination requirements within the designated population. 5. Will comply with all applicable Federal nondiscrimination requirements, including those listed at 24 CFR §§ 5.105(a) and 5.106 as applicable. 6. Will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601) and implementing regulations at 49 CFR part 24 and, as applicable, Section 104(d) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(d)) and implementing regulations at 24 CFR part 42, subpart A. 7. Will comply with the environmental requirements of the National Environmental Policy Act (42 U.S.C. 4321 et.seq.) and related Federal authorities prior to the commitment or expenditure of funds for property. 8. That no Federal appropriated funds have been paid, or will be paid, by or on behalf of the applicant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of this Federal grant or its extension, renewal, amendment or modification. If funds other than Federal appropriated funds have or will be paid for influencing or attempting to influence the persons listed above, I shall complete and submit Standard Form - LLL, Disclosure Form to Report Lobbying. I certify that I shall require all subawards at all tiers (including sub -grants and contracts) to similarly certify and disclose accordingly. Federally recognized Indian Tribes and tribally designated housing entities (TDHEs) established by Federally - recognized Indian tribes as a result of the exercise of the tribe's sovereign power are excluded from coverage by the Byrd Amendment, but State -recognized Indian tribes and TDHs established under State law are not excluded from the statute's coverage. I/We, the undersigned, certify under penalty of perjury that the information provided above is true and correct. WARNING: Anyone who knowingly submits a false claim or makes a false statement is subject to criminal and/or civil penalties, including confinement for up to 5 years, fines, and civil and administrative penalties. (18 U.S.C. §§287, 1001, 1010, 1012, 1014; 31 U.S.C. §3729, 3802). * Signature: * Date: (m /dd/yyyy): HUD 423-B (1/27/2023) Public Reporting Burden Statement: The public reporting burden for this collection of information is estimated to average 0.5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, and completing and reviewing the collection of information. Comments regarding the accuracy of this burden estimate and any suggestions for reducing this burden can be sent to: U.S. Department of Housing and Urban Development, Office of the Chief Data Officer, R, 451 7'h St SW, Room 4176, Washington, DC 20410-5000. Do not send completed HUD -4248 forms to this address. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid OMB control number. The Department of Housing and Urban Development is authorized to collect this information under the authority cited in the Notice of Funding Opportunity for this grant program. The information collected provides assurances and certifications for legal requirements related to the administration of this grant program. HUD will use this information to ensure compliance of its grantees. This information is required to obtain the benefit sought in the grant program. This information will not be held confidential and may be made available to the public in accordance with the Freedom of Information Act (5 U.S.C. §552). Form HUD 424•B (1/27/2023)