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Home My WebLink AboutPW CDBG; 6th AmendmentCITY OF �/��I • ` Department: P Prepared by: Agenda Item No: 3 k. Meeting Date: March 19, 2012 SAN RAFAEL CITY COUNCIL AGENDA REPORT ublic Works ity Manager Approval. Director of Public Works (RL) File No. 16.01.259 01.11.101 SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE 6TH AMENDMENT TO THE ORIGINAL MARCH 28, 2006 COOPERATION AGREEMENT BETWEEN THE COUNTY OF MARIN AND CITY OF SAN RAFAEL TO ADD $300,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR ADA IMPROVEMENTS TO PUBLIC FACILITIES WITHIN THE CITY OF SAN RAFAEL. RECOTNIMENDATION: Adopt Resolution BACKGROUND: 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 under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway." File No.: 1 to Council Meeting: Disposition: keso LU v SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Public Works identified a backlog of approximately 800 curb ramps that should have been constructed since January 26, 1992. Contractors have constructed 354 ramps 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 three ADA -DOJ curb ramp construction projects executed since 2004. In addition, we have used a variety of other funding 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. This current amendment is the sixth we have executed since that date. San Rafael has received/will receive a total $1,613,193 in CDBG funding since the 2006 Cooperation Agreement, as follows: $ 103,193: Cooperation Agreement $ 300,000: Amendment #1 $ 300,000: Amendment #2 $ 100,000: Amendment #3 $ 300,000: Amendment #4 $ 210,000: Amendment #5 $ 300,000: Amendment #6 (current) $1,613,193: Cumulative FISCAL IMPACT: Public Works staff is currently designing ramps for the next ramp construction project ("ADA -DOJ Compliance -Curb Ramps", #15006). With Council's approval we will use $50,000 of the $300,000 CDBG allocation to pay for staff assigned to the project. Since compensation for these individuals normally comes from the General Fund, the arrangement represents a $50,000 savings for the City. Public Works will use the remaining $250,000 for curb ramp construction. OPTIONS: The City Council may choose not to approve the amendment but staff does not recommend this option. In the current budgetary climate it would be difficult, if not impossible, to identify $300,000 that could be used exclusively for the design and construction of curb identi1 ramps. ACTION REQUIRED: Staff recommends that the City Council adopt the resolution approving amendment 6 to the Cooperation Agreement between the Board of Supervisors and the City of Z7> San Rafael. Eiielosures (4) 1. Resolution 2. Amendment 6 3. 3/28106 Cooperation Agreement 4. Award letter Z:,CDBG (Comm.Dev.ffiock Grant)\CDBG-RAL'1CDBG 2011-12"11-12 Aniendment" I 1-12 CDBG Aniendnient6 Report -Draft 1.26.12.doc RESOLUTION NO. 13311 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE 6TH AMENDMENT TO THE MARCH 28, 2006 COOPERATION AGREEMENT BETWEEN THE COUNTY OF MARIN AND CITY OF SAN RAFAEL TO ADD $300,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR ACCESSIBILITY 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 required the City to construct 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 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 five such amendments to date, for a cumulative total of $1,313,193; and WHEREAS, the $300,000 available via this sixth amendment will bring the cumulative total to $1,613,193 and will pay for in-house design and construction of next ADA -DOJ curb ramp project. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Rafael does hereby authorize the City Manager to execute amendment 6 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 March 19, 2012 by the following vote, to wit: AYES: COUNCIL MEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ESTHER C. BEIRNE, City Clerk City of San Rafael - Public Works San Rafael ADA Compliance • GOALS TASKS AND OBJECTIVES The City of San Rafael will use CDBG funds for accessibility improvements to meet ADA requirements. The projects will be completed June 2014. The majority of clients will meet low income requirements established by the U.S. Department of Housing and Urban Development. In accordance with the Voluntary Compliance Agreement between HUD and the County of Marin, Operating Agency will collect and report data on the race, ethnicity (Hispanic/Latino or Non- Hispanic/Non-Latino), gender, and disability characteristics of waiting list applicants and participants or beneficiaries. Operating Agency will also analyze participation based on race, ethnicity, gender and disability. If the participation rate by any particular minority group(s) is less than that minority's representation among the general population of Marin County, Operating Agency will develop affirmative marketing and outreach strategies targeting the under -represented group(s). In accordance with the Voluntary Compliance Agreement between HUD and the County of Marin, Operating Agency will assure that all its written materials related to its administration of activities and programs funded by this contract contain contact information that includes either a Telecommunications Device for the Deaf (TDD) number or the number for the California Relay Service. TO APPENDIX C Accessibility improvements to meet ADA requirements This amendment increases the amount of the budget in the agreement from $1,313,193 to $1,613,193. WBS Element: HUD -04536-01-11 Source of Funds: Community Development Block Grant COUNTY OF MARIN Steve Kinsey, President Board of Supervisors CITY OF SAN RAFAEL Nancy Mackle City Manager March 28, 2006 Board of Supervisors County of Marin SIN COUNTY -IMUNITY DQVQLOPMQNT �DF--RAL C.F'-4NTs Dim'SION AC-,F=NCY ALC -X BINDS. D! R�;C T OR SUBJECT: Community Development Block Grant (CDBG) Cooperation Agreement with City of San Rafael. RECOMMENDATION: Authorize the Chair to sign three copies of the attached Community Development Block Grant Agreement so that the sponsoring organization may begin work on this project. S SUMMARY: On May 17, 2000, the Board of Supervisors approved CDBG budget which included a funding allocation for the following project: City of San Rafael Public Facilities ADA Improvements Throughout San Rafael $103,193 for public facility improvements and modification for compling with the Americans with Disabilities Act The attached Community Development Block Grant Agreement formalizes the relationship between the County and the sponsoring organization for the implementation of this project and specifies the federal requirements which the sponsoring group must carryout, and enables the sponsoring organization to begin work on the project. FISCAL. IMPACT: There is no financial impact on County general funds since the funding for this project is from federal CDBG funds. Reid J. Thale Planner Revised 4/99 [ ] Auditor Controller [X] County Counsel (standard form) Human Resources I [X] Not Applicable [ ] Not Applicable [X] Not Applicable AGREEMENT THIS AGREEMENT, made and entered into on this 19 dayof fta-,v�m& by and between the COUNTY OF MARIN, State of California, as the Implementor of the Community Development Block Grant Program (hereinafter referred to as "Counh/"'., and the City ofSan Rafael (hereinafter referred to as the "Operating Agency"). WITNESSETH WHEREAS, the COUr�'��Mohnh��a�� ml��p0e�B�� Grant United States Department ofHousing and Urban Development (HUD)under Title |Ofthe Housing and Community Development Act of1974.asamended (42USC 530|etseq.)(the Act\; and WHEREAS, pursuant to such Grant, the County of Marin is undertaking certain programs and services necessary for the planning, implementation and execution of such a Community Development Block Grant Program; and WHEREAS, the County of Marin desires to engage the Operating Agency to render certain services, programs, or assistance in connection with such undertakings of the Community Development Block Grant Program, situated inthe Project AngadoacribedinAppendixA. NOW, THEF<EF{}F{E, the parties hereto do mutually agree aBfollows: 1. Scope of Service.The{}perating/\oenoyoho||perfomne||thenecesuarysarvioeoprovid*adunder this Contract inaccordance with and respecting the following project: Public Facilities ADA Improvements The Operating AoencyshoUdo, pu�onnand oonyou�manner, the County, the ~goals, objectives, and tasks set forth inAppendix B.and incorporated herein by reference. 2. Term of Contract. The services ofthe Operating Agency are tOcommence on shall be ornp|etedinsuch sequence estnassure their expeditious connp|etioninthe light lt�orthe purposes of this Contract unless so otherwise specified in the Contract in Section 8 /GenenJ|Terrnsand (�onditions\orinSection 9(Special l-ernnaand Conditinnn\. This `Agreement shall remain ineffect until all funds have been spent byOperating Agency, nruntil this � Agreennentiaotherwise terminated. However, the obligations o[Operating Agency under Section 5 (Program Income) shall continue for any additional time period during which Operating Agency ayreceive o[remain inCOntrOiOfprogn3OinCono. AnAssignment ofProceeds and Grant OfLien may not beterminated without written consent OfCounty, Operating Agency shall comply with the requirements of 24 CFR 570.503(b)(8) and/or any Assignment of Proceeds and Grant OfLien, at the County's sole discretion. Time is of the essence in the Agreement. 3. Compensation. The Operating Agency shall bepaid atotal consideration of$1O3.1S3for full performance ofthe services specified under this Agreement. Compensation shall beallowed ona reimbursement basis, only after expenditures have been incurred bythe Operating Agency in conformity with the approved and executed budget document which is attached to this Contract as Appendix C, incorporated herein by reference. In every case, payment will be made subject to receipt of a requisition for payment from the Operating Agency specifying and certifying that such expenses have been incurred and expended in conformance with this Contract and that the Operating Agency is entitled to receive the amount requisitioned under the terms of this Contract. The Operating Agency shall not claim reimbursement from the County for that portion of its - obligations which has been paid by another source of revenue. The Operating Agency shall notify the County in writing of all authorized personnel who shall be empowered to file requests for payment pursuant to this Agreement. 4. Use of Funds. Use of funds received pursuant to this Agreement shall be in accordance with the requirements of the Housing and Community Development Act of 1974 (as amended), 24 CFR Part 570 and other regulations governing the Community Development Block Grant Program, and any amendments or policy revisions thereto which shall become effective during the term of this Agreement. A copy of said regulations is incorporated by reference. In addition, the Operating Agency agrees to comply with other applicable laws, including the National Environmental Policy Act of 1969 (and the implementing regulations at 24 CFR 58), the National Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of the Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8), the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the implementing regulations at 24 CFR 146), the prohibition against using debarred contractors at 24 CFR 570.609, and Executive Orders 11063, 11246, 11375, 12086, and 12259. Further, any funded activity must be designed or so located as to principally benefit lower income persons, aid in the prevention or elimination of slums or blight, or meet urgent community development needs, as defined in the program regulations. Operating Agency agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including: If the Operating Agency is a government agency, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally -Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the Operating Agency is not a government agency, OMB Circular A-122, "Cost Principles for Non -Profit Organizations," or OMB Circular A-21, "Cost Principles for Educational Institutions," as applicable; and Attachments A, B, C, F, H, N, and 0 to OMB Circular A-110, as specified at 24 GFR 570.502(b). Operating Agency is prohibited from using funds provided herein for political activities, sectarian or religious activities, or lobbying activities. 5. Program Income. Program income (defined at 24 GFR 570.500) derived from the project, if any, shall revert to the County for use in the Community Development Block Grant Program. If Operating Agency executes an Assignment of Proceeds and Grant of Lien to the County, specifying the terms of reversion of proceeds from possible future sale of real property, it is incorporated by reference and made a part of this contract as Appendix D. 6. 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 rnade in writing and signed by the parties hereto. 8. General Terms and Conditions. A. The Operating Agency agrees to submit program status reports to the County on at least an annual basis or more frequently if requested, and other reports as may be required. B. The Operating Agency agrees to maintain racial, ethnic, gender, head of household, household income, and household size data showing the extent to which these categories of persons have participated in, or benefited from the project, and to submit this information to the County within 30 days of a request from the County. C. The Operating Agency agrees to keep all necessary books and records, including property, personnel and financial records, in connection with the operations and services performed under this Agreement, and shall document all transactions so that all expenditures may be properly audited. If the Operating Agency receives between $25,000 and $100,000 in combined federal assistance during its fiscal year, it agrees to obtain either an audit conducted in accordance with OMB Circular A-133 or a program -specific financial audit. If the Operating Agency receives $100,000 or more in combined federal assistance, it agrees to obtain either (1) an audit conducted in accordance with OMB Circular A-133, or (2) if it participates in only one federal program, a program -specific financial audit. D. The Operating Agency agrees that the County or any authorized representative has access to and the right to examine all records, books, papers or documents related to the project. E. The Operating Agency hereby severally warrants that all project records, books, papers and documents will be retained for a period of not less than four (4) years after the project terminates and grants the County the option of retention of the project records, books, papers and documents. F. The Operating Agency agrees to obtain all necessary permits for intended improvements or activities. G. The Operating Agency agrees to purchase necessary flood insurance if its project is located in a flood hazard area and the nature of the project requires such insurance. H. The Operating Agency, if its program involves housing, agrees to affirmatively further fair housing. The Operating Agency hereby severally warrants that it will establish and adopt safeguards to prohibit members, officers, and employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Further, no member, officer, or employee of Operating Agency who exercises any functions or responsibility with respect to the program during his or her tenure or for one year thereafter, shall have any financial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, either for themselves or those with whom they have family or business ties, for work to be performed in connection with the program assisted under this Agreement. J. The undersigned person signing as an officer on behalf of the Operating Agency, a party to this Agreement, hereby severally warrants and represents that said person has authority to enter into this Agreement on behalf of said Operating Agency and to bind the same to this Agreement, and, further that said Operating Agency has authority to enter into this Agreement and that there are no restrictions or prohibitions contained in any article of incorporation or bylaw against entering into this Agreement. K. The County shall not be responsible or liable for any debts, actions, obligations, negligence, or liabilities committed or incurred by the Operating Agency, its staff or clientele; and the Operating Agency hereby agrees to defend, hold harmless and indemnify the County from and against any and all liabilities for debts, obligations, and negligence. No payment, however, final or otherwise, shall operate to release the Operating Agency from any obligations under this Contract. L. The Operating Agency hereby certifies that, in the implementation of projects funded by this Agreement and in all of its other operations, it will comply with all requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8), the Americans with Disabilities Act of 1990 (PL 101-336), and all state and local laws requiring physical and program accessibility to people with disabilities, and agrees to defend, hold harmless, and indemnify the County from and against any and all liability for any noncompliance on the part of the Operating Agency. M. Nothing contained in this Agreement is intended to, or shall be construed in any manner to, create or establish an employer-employee relationship between the parties, nor shall any employee of the Operating Agency by virtue of this contract be an employee of the County for any purpose whatsoever, nor shall any employee of the Operating Agency be entitled to any of the rights, privileges, or benefits of County employees. The Operating Agency shall be deemed at all times an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this contract. The Operating Agency assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment. N. The Operating Agency agrees to participate in training to become informed about the regulations governing the Community Development Block Grant Program, especially with regard to changes in the regulations, provisions requiring nondiscrimination on the basis of disability, and provisions regarding relocation. 9. Special Terms and Conditions A. It is expressly understood and agreed that either party shall have the right to terminate this Agreement or reduce the compensation amount upon 15 days written notice to the other party. However, Operating Agency may not terminate its obligations under Section 5 (Program Income) and may not terminate an Assignment of Proceeds and Grant of Lien without written consent of County. All reports or accountings provided for herein shall be rendered whether or not falling due within the contract period. B. Further, the County reserves the right to terminate this contract upon written notification to the Operating Agency under any of the following conditions: 1) Notification by HUD to the County that said project is ineligible because of project location, services provided, or any other reason cited by HUD; 4 2) Notification by HUD to the County that said project is deficient and that continued support of the project is not providing an adequate level of services to low income and minority people; or 3) Written notification from HUD to the County that the program funds made available to the County are being curtailed, withdrawn, or otherwise restricted. C. The County also reserves the right to terminate this Contract or to reduce the contract compensation amount if the Operating Agency: 1) Fails to file required reports or to meet project progress or completion deadlines; 2) Materially fails to comply with any provision of this Agreement (which may result in suspension or termination in accordance with 24 CFR 85.43 or OMB Circular A-110, Attachment L); 3) Expends funds under this Agreement for ineligible activities, services or items; 4) Implements the project prior to notification from the County that the federal environmental review process has been completed; 5) Violates Labor Standards requirements; or 6) Fails to comply with written notice from the County of substandard performance under the terms of this Agreement. 10. Other Provisions A. Equal Employment Opportunity The following provisions (1) and (2) are applicable to all contracts and subcontracts; provisions (3) through (7) are applicable to all non-exempt construction contracts and subcontracts which exceed $10,000: During the performance of this contract, the Operating Agency agrees as follows: (1) The Operating Agency shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, familial status, or any other basis prohibited by applicable law. The Operating Agency shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The Operating Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Operating Agency will, in all solicitations or advertisements for employees placed by or on behalf of the Operating Agency, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable law. (3) The Operating Agency will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Operating Agency's commitments under this section, and shall post copies of the s 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. 6 B. Equal Opportunity in Participation Under the terms of Section 109 of the Housing and Community Development Act of 1974, and in conformance with County policy and all requirements imposed by or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602) issued pursuant to Section 109, no person in the United States shall on the ground of race, color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, familial status, or any other basis prohibited by applicable law be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with Community Development Block Grant Program funds. Specific (not exclusive) Discriminatory Actions Prohibited: The Operating Agency may not directly or through contractual or other arrangements, on the ground of race, color, creed, religion, sexual orientation, ancestry, national origin, marital status, familial status, age, handicap, disability, sex or any other basis prohibited by applicable law: Deny any facilities, services, financial aid, or other benefits provided under the program or activity. b. Provide any facilities, services, financial aid, or other benefits which are different, or are provided in a different form from that provided to others under the program or activity. c. Subject to segregated or separate treatment in any facility, or in any matter or process related to receipt of any service or benefit under the program or activity. d. Restrict in any way access to, or the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity. e. Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services, or other benefit provided under the program or activity. 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. D. Nondiscrimination in Federally -Assisted Programs. The Operating Agency will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42 USC 2000d et seq.) and the Fair Housing Act (42 USC 3601-20). In accordance with County policy, and Title VI of the Civil Rights Act of 1964 (PL 88-352), in the sale, lease or other transfer of land acquired, leased or improved with assistance provided under this Agreement, the deed or lease for such transfer shall contain a covenant prohibiting discrimination upon the basis of race, color, creed, religion, sex, handicap, disability, sexual orientation, ancestry, national origin, marital status, or familial status, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon. The Operating Agency will comply with Title VIII of the Civil Rights Act of 1968 (PL 90-284) as amended and will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing. E. Labor Standards. Except with respect to the rehabilitation of residential property designed for residential use for less than eight households, the Operating Agency and all subcontractors engaged in contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in whole or in part with assistance provided under this Agreement are subject to the federal labor standards provisions which govern the payment of wages and the ratio of apprentices and trainees to journeyworkers. Under the terms of the Davis -Bacon Act, as amended, the Operating Agency is required to pay all laborers and mechanics employed on construction work wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor, and shall pay overtime compensation in accordance with and subject to the provisions of the Contract Work Hours and Safety Standards Act (40 USC 327-332), and the Operating Agency shall comply with all regulations issued pursuant to these Acts and with other applicable Federal laws and regulations pertaining to labor standards, including the Copeland "Anti -Kickback" Act. Provided, that if wage rates higher than those required under the regulations are imposed by State or local laws, nothing hereunder is intended to relieve the Operating Agency of its obligation, if any, to require payment of the higher rates. F. Flood Disaster Protection. This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (PL 93-234). Use of any assistance provided under this Agreement for acquisition or construction in an area identified as having special flood hazards shall be subject to the mandatory purchase of flood insurance in accordance with the requirements of Section 102(a) of said Act. G. Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts Which Exceed $1OO.UOU). The Operating AoenoyshaUconnpk/vv�nn h�ndr8q�ir8�aChsVbcOntn]otort0000�vvdh��| app|icob(ostam^'ndsofUhe<�|aan ' Air Act of1S7O(42USC 1857Etoeq.)'8Samended, the Clean Air Act of1S8D the Federal VVaterPOUuUOOConbD|Act (33US(�12518tseq'),aa arnonded`and the ^regulations Ofthe Environmental Protection Agency with respect thereto, at 4OCFR Part 15.oSamended from time tOtime. H. Provision of the Hatch Act. Neither the Operating Aoencypn]gr8rnnor the funds provided therefo[nor the personnel ernp|"'^~in the administration~ofthmp[ogn]nnshoUbeinanyvvayorb]onyextentungagedin the conduct {fpolitical activities|ncontravention ofChapter 15ofTitle 5.United States Code. Lead -Based Paint. A��0�a�m�e��D��r�o��bUU��.�r��/ � ' grantsprovided �under this Ao[eerneDtahuUbon�8desubject tothe ~~~�^�'`eforthee|inniDutiunof(��d-b��dpein�hazardaundm[24<�FRPa�35. Operating provisions ^ Agency ��| — comply vv�h the requirements .24 CFR 570.608 for notification, inspection. ~ ''---'�' testing, and abatement proceduresconoerning lead-based paint. Such regulations onanequ|ne that all owners, prospective owners, and tenants ofproperties constructed prior tn1878be properly notified that such properties may contain lead-based paint. Such notification shall point out the hazards oflead-based paint and explain the symptoms, treatment, and precautions that should be taken when dealing with lead-based paint poisoning. Special Assessments. Operating AoencywiUnot 8�nnot �torecover any oep�a|costs ofpublic irnprovennentsassisted invvhoieor in �'~po�vv�hfunds p ' idedunder8eCtOn100oftheAotorvvitharnountsreouUing from aguananba d Section 10Oofthe Act Uyassessing any annountagainst prop*�}es eunder owned and occupied by ' vv by �ernVna of and moderate income, including any fee charged or assessment mad~e as o 'ndition of obtaining aoueao to such public improvements, unless: /1\ funds naCeiY�dunder Section 1O6ofthe Act are used topay the propo�ionofsuch fee or aosasenneRt-that relates tothe capital costs ofsuch public improvements that are financed other �h8nuDderTiU�|ofth�Aot'o[/2\fVrpurpOsesOfoSsesSingony hnrnr8v�Du�eourC8a� �r ' ` ' amount against properties owned and occupied by persons of moderate income, the grantee certifies tOthe Secretary ofHUD that it lacks sufficient funds received under Section 100Ofthe Act b}comply with the requirements Dfsubparagraph /1\. K. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of Persons and Businesses Operating Agency ��M�n�� unO��me�� G� Program ' ~ Plan Development Block Grant Funded Activities" and the "County of Marin Community Da.�|gp[�eDtBlock Grant Pn}granlF(esid8nti8|AnUdiop|acernentand Fld8CahnDAssistance P|---" 0p8[abngAgency vviUconduct any acquisition, [ehabiUtaUOO.ordenn0(idoOofreal —'�dv and any rehabilitation, or demolition property, ' ' ' cOnnpo`n�" .iU`'he~nifonnRo|OoabonASSist8nc8aDdR8a|PropedxAcouieiUonPo|iCiesAc compliance Of197D'aaamended, Section 104(d)ofthe Act, and the implementing regulations Et49CFR 24and 24CFR 57O.O0O. Unless specifically permitted inAppendix BorAppendix C, persons orbusinesses. IfOperating Agency causes the involuntary temporary orpermanent displacement of any person o[ business oaa result ufCommunity Development Block Grant activities, it shall comply with the County's "Plan to Assist Persons ActuallyDisplaced by Community Development Block Grant tiviUen,"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\ufthe Act, and the innp|ernenUngregulations at49(�FF�24and 24 CFR 570.606. Operating �Aoenoyhereby agrees tOdefend, tOpay, and tmind8[nDifvthe �nn County �and against, any and all claims and liabilities for relocation benefits orthe provision of replacement dwelling units required by federal statutes and regulations in connection with activities undertaken pursuant tothis Agreement. � L Lobbying Restrictions Operating Agency certifies that, to the best of its knowledge and belief: No Federal appropriated funds have been paid or will bepaid, bymon behalf of it, to any person for influencing orptingtOinfluence 8Rofficer Or employee 8fany agency, a Member of Congress, @nofficer oremployee of Congress, or an employee of8Member 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, orcooperative agreement; Kany funds other than Federal appropriated funds have been paid orwill bepaid toany person for influencing orattempting tVinfluence eDofficer oremployee nfany 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 ofthis paragraph Lbeincluded 1Othe 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 k;Gmaterial representation 0ffact upon which reliance was placed when this transaction was made orentered into. Submission Ofthis certification ky8prerequisite 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 SUbia(t to a civil penalty of not less than $1O.O0Oand not more than $1OO'UOUfor each such failure. M. Provisions Required bvLaw Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this contract shall bedeemed tobeinserted herein and the contract shall beread and enforced esthough bwere included herein, and if through mistake or otherwise any such provision is lul 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. |NWITNESS WHEREOF, the parties hereto have executed this contract. COUNTY OFMAR|N Susan LAdams President Board of Supervisors ATTEST Clerk ohhe Board MASTER FORM APPROVED ASTOFORM: Robert H.San Chez 9/16/94 (Original signature is0nfi|e] Robert H.San Chez Deputy County Counsel CITY C)FSAN RAFAEL Interim City Manager "Operating Agency" ll PROJECT AREA The project location is at throughout the City of San Rafael. APPENDIX - GOALS, OBJECTIVES, AND TASKS The City of San Rafael will use CDBG funds toward public facility improvements and modification for compling with the Americans with Disabilities Act. The Operating Agency agrees to attend training on the requirements of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. The majorityufclients will meet low income requirements established by the U.G. Department of Housing and Urban Development. The Operating Agency agrees b>implement this project tnque|ifvundertheCVrnnnunitvDeve|upnoerd Block Grant national objective of low and moderate income benefit. The project will be completed by February 2008. BUDGET Public Facility improvements and Modification G103,193 for Compling with the Americans with Disabilities Act Source offunds Community Development Block Grant 12 MARIN COUNTY COXAQUNITY DEVELOPMENT AGENCY BRIAN C. CaAwFuoo, ozaocToo L.GRANTs DzVIazom November 15.2O11 Richard Landis City of San Rafael - Public VVodm pOBox 15156O San Rafael, CA04g15 Dear Richard: Congratulations! I would like to confirm that on May 10, 2011, the Marin County Board of Supervisors allocated your program the following award: Project: San Rafael ADA Compliance Amount: $300,000 Accessibility improvements to meet ADA requirements The County's grant amount was uncertain until the end of the public hearing process, so the actual amount may differ from the amount approved atpublic hearings. Please Note: ° All projects must have an environmental review (which I complete) and contract signed and approved by the Board ofSupervisors. ° You must supply a Certificate of Liability Insurance for your agency with at least $1.O00.OUOincoverage, ao well asAuto and Workers' Compensation insurance. The certificate must also include unadditional endorsement extending coverage to the County of Marin and be silent regarding notifying the County if the insurance incanceled. ^ Most construction and rehabilitation projects must comply with federal labor standards requirements. Don't even think about beginning aconstruction project without our approval! ° Please read the enclosed pamphlet onhow tobill us. You'll get your grant funds faster! " Anannual audit orafinancial report may berequired ° Demographic information about your clients will be required at the end of each year you receive federal funding. [w+ included a^uomp|e^data request form with instructions for data collection requirements. You will receive arequest for this information next July. Your help isessential kzmaking the process run smoothly. Please keep usinformed about the status ofyour project and always got our approval before you authorize work to be performed for which you intend to use funds anexpect reimbursement from us. |nmany cases, vveneed one tuthree months notice tocomplete necessary paperwork before you may begin your project. | will beyour staff representative and will assist you in complying with the complex federal regulations which must bemet torelease your funds. |fyou have any questions, please call meat(415)48U-G6Q5 | can also bereached a . Please note that |'m generally only in the office on Monday -Wednesday from 10:00 amto5:3Opm. | look forward toworking with you onyour project! Sincerely, CaIi-Foroia 94903-4-157 01�'ice 1joCatinn : 65 Mi-LCnelI' BDole-vaz{l' Boom 200-C/ San '-lafaeI, Cali--Fozn)ia '11'eIeplzooe (415) 499-5695 - TDD (415) 499-6172 - Fax (415) 507-4061 INSTRUCTIONS DEPARTMENT STA W CITY OF SAN RAFAEL USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. Nader Mansourian Public Works March 1, 2012 TITLE OF DOCUMENT: SRRA / SRCC AGENDA ITEM NO. DATE OF MEETING: March 19, 2012 ora# t % NIA R 0k2 2 0 1 T RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE 6TH AMENDMENT TO THE ORIGINAL MARCH 28, 2006 COOPERATION AGREEMENT BETWEEN THE COUNTY OF MARIN AND CITY OF SAN RAFAEL TO ADD $300,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR ADA IMPROVEMENTS TO PUBLIC FACILITIES WITHIN THE CITY OF SAN RAFAEL. Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL AGENCY APPROVED AS TO FORM: AGENDA ITEM: . A �)az LIU, City Manager Isignature) City Attorney (signatuk) w 60muffm File No.: 16.01.259&01.11.101