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HomeMy WebLinkAboutCC Resolution 13311 (CDBG 6th Amendment)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 F1.19 -910M 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 MARIN COUNTY COMMUNITY DQVQLOPMQNT ACENCY Dir GR -ANTS D:V;S!(DN A!LC-X BINDS. D! rz=- cTc R Board of Supervisors County of Marin 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. Theilet Planner Revised 4/99 [ ] Auditor Controller [X] County Counsel (standard form) Human Resources [X] Not Applicable [ ] Not Applicable [X] Not Applicable AGREEMENT THIS AGREEMENT, made and entered into onMh of Iftv--oh' .1mwL bvand bobwmenthe 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 toaathe "Operating Agency"). WITNESSETH WHEREAS, the County OfMarin has received a Community Development Block Grant from the United States Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (42 USC 5301 et seq.) (the Act); and WHEREAS, pursuant to such Grant, the County of Marin is undertaking certain programs and services necessary for the planning, implementation and execution of such a Community Development Block Grant Program; and WHEREAS, the County of Marin desires to engage the Operating Agency to render certain services, programs, or assistance in connection with such undertakings of the Community Development Block Grant Program, situated in the Project Area described in Appendix A. NOW, THEREFORE, the parties hereto do mutually agree aSfollows: 1. Scor)e of Service. The Operating Agency shall perform all the necessary services provided under this Contract in accordance with and respecting the following project: Public Facilities ADA Improvements The Operating Agency shall do, perform and carry out, |na satisfactory nuanner, aedetermined bv the County, the goals, objectives, and tasks set forth inAppendix B.and incorporated herein by 2. Term ofContract. The services ofthe Operating Agency are b}commence on shall be undertaken and completed insuch sequence as tVassure their expeditious completion inthe light of the purposes of this Contract unless so otherwise specified in the Contract in Section 8 (General Terms and Conditions) nrinSection S(Special Terms and Conditions). This Agreement shall remain in effect until all funds have been spent by Operating Agency, or until this Agreement iaotherwise terminated. However, the obligations o[Operating Agency under Section 5 (Program |noQone> shall continue for any additional time period during which Operating Agency may receive or remain in control of program income. An Assignment ofProceeds and Grant OfLien may not boterminated 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 of Lien, at the County's sole discretion. Time is of the essence in the Agreement. 5. Compensation. The OperatingAgency shall bepaid atotal consideration of$1U3.1S3for full performance cfthe 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 ofthis Contract. The Operating shall not claim reimbursement from the County for that portion of its "r obligations which has been paid by another source of revenue. The Operating Agency shall notify the County inwriting ofall authorized personnel who shall be empowered to file requests for payment pursuant to this Agreement. 4. Use cfFunds. 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 orpolicy revisions thereto which shall become effective during the torrnufthis Agreement. Acopy ofsaid regulations isincorporated Dyreference. /naddition, the Operating Agency agrees to OOnlp|y with other applicable |avvs, including the National Environmental Policy Act of19OS(and the implementing regulations at24CFR 58\'the National Historic Preservation Act of19O6asamended (10USC 47O).Section 5D4nfthe Rehabilitation Act of1873(29USC 794) (and the implementing regulations at 24 CFR 8), the Americans with Disabilities Act of 1990, the Age Discrimination Act of1875 (42USC O1O1) (and the implementing regulations aL24CFR 146), the prohibition against using debarred contractors at 24 CFR 570.609, and Executive Orders 11003, 11246, 11375, 12086, and 12259. FUdher, any funded activity must b8designed OrsOlocated oatDprincipally benefit lower income persons, aid in the prevention or elimination of slums or blight, or meet urgent community development needs, asdefined inthe program regulations. Operating Agency agrees to comply with the uniform administrative nsqVinarnentG specified at 24 CFR 57U.5O2and 24CFR 570.61O.including: If the Operating Agency is a government agency, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with Stote. Local and Federally -Recognized Indian Tribal Governments;" OMB Circular A-1 28, "Audits of State and Local Governments" (implemented at24CFR 44);and the sections Vf24CFR d5,"Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Gove[nDlenta," specified at 24CFR 57O.5O2/8\. |fthe Operating Agency isnot ggovernment agency, OMB Circular A,122. "Cost Principles for Non -Profit Organ(Z8tiVns'"orOMB Circular Ar21. "Cost Principles for Educational Institutions," as applicable; and Attachments A, B. C. F. H, N. and D to OMB Circular A-118.aospecified ai24CFR 57O.502/b>. Operating Agency is prohibited from using funds provided herein for political acUvities, sectarian or religious activities, or lobbying aobv|hoa. 5. ProonRnnIncome. Program income (defined at24CFR 57O.5OO\derived from the project, ifany. 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 byreference and made apart Dfthis contract aoAppendix D. 0. Assiqnment. Without written consent of the County, this Agreement is not assignable by the Operating Agency, either in whole or in part. 7. Alteration. No alteration or variation in the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 8. General Terms and Conditions. A. The Operating Agency agrees bJsubmit program ot3buS reports to the County on adleast an annual basis or more frequently if requested, and other reports as may be required. _:a;_ B. The Operating Agency agrees b}maintain racial, ethnic, gender, head ofhousehold, household income, and household size data showing the extent b}which these categories Ofpersons have participated in, or benefited from the project, and to submit this information to the County within 30days qf3request 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, |fthe Operating Agency receives between $25.OU0and $1OO,ODOiO combined federal assistance during its fiscal year, i(agrees toobtain either onaudit conducted in accordance with OMB Circular A-1 33 or a program -specific financial audit. |fthe 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, oprogram-specific financial audit. D. The Operating agrees that the County Vrany 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 reuonJS.bOoks'poperoand documents will be retained for a period of not less than four (4) years after the project terminates and grants the County the option ofretention ofthe project rem]nis,bD0hS' papers and documents. FThe Operating Agency agrees to obtain all necessary permits for intended improvements or activities. G. The Operating Agency agrees topurchase necessary flood insurance ifits project is|oosiedin 8flood hazard area and the nature Ofthe project naquir8GauohinsunBnne. 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, orother ties. Further, nVmember, officer, or employee of Operating Agency who exercises any functions or responsibility with respect tothe program during his orher tenure nrfor one year thereafter, shall have any financial interest, direct Orindirect, inany contract orsubcontract, or the proceeds thereof, either for themselves orthose with whom they have family Orbusiness ties, for work to be performed in connection with the program assisted under this Agreement. The undersigned pensonakznnQaDenofDC8rOnbehalfoftheD Agency, aparty tothis Agreement, hereby severally warrants and represents that said person has authority to enter into this Agreement on behalf ofsaid 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, neghgenue.or liabilities committed Orincurred bvthe Operating Agency, its staff nrclientele; 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. Nnpayment, however, final or otherwise, shall operate to release the Operating Agency from any obligations under this Contract. The Operating Agency hereby certifies that, in the implementation of projects funded by this Agreement and inall ofits other operations, it will comply with all requirements ofSection 5O4 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 d)e@bi/ideS, and agrees to defend, hold harmless, and indemnify the County from and against any and all liability for any noncompliance onthe part ofthe Operating Agency. M. Nothing contained. in this Agreement is intended to, or shall be nVOoboed in any manner to, create or establish an employer-employee relationship between the parties, nor shall any employee ofthe Operating Agency bvvirtue 0{this contract be anemployee ofthe County for any purpose whatsoever, nor shall any employee ofthe Operating Agency beentitled tOany of the rights, privileges, orbenefits ofCounty employees. The Operating Agency shall b*adeemed at all times an independent contractor and shall be wholly responsible for the manner in which it performs the services required ofitbythe terms ofthis contract. The Operating Agency assumes exclusively the responsibility for the acts Ufits employees eathey relate to the services 1obeprovided during the course and scope oftheir 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, SDecial Terms and Conditions A. It is expressly understood and agreed that either party shall have the right to terminate this Agreement orreduce the compensation amount upon 15days written notice to the other party, However, Operating Agency may not terminate its obligations under8ecUon5/Prognacn Income) and may not terminate anAssignment ofProceeds and Grant ofLien without written consent ofCounty. All reports O[accountings provided for herein shall berendered 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 bvHUD bJthe County that said project kS)neUgiU|ebecauaeofp jeCt location, services provided,orany other reason cited by HUD; 2) Notification bvHUD b]the County that said project indeficient and that continued support ofthe project iancdprovidinganadequate|eve|ofoervioesiu|Owinconnnand 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 <ocomply with any provision ofthis Agreement (which may result in suspension ortermination inaccordance with 24CFR 85.43orOMB Circular Ar11O. Attachment Q; 3\ Expends funds under this Agreement for ineligible activities, services or items; 4\ |nnp|ernento the project prior to notification from the County that the federal environmental review process has been completed; 5\ Violates Labor Standards requirements; Or 0\ Fails to comply with written notice from the County of substandard performance under the terms o[this Agreement. 10. Other Provisions A. Equal Employment Opportunity The following provisions (1) and (Z)are applicable to all contracts and subcontracts; provisions (3) through 0are applicable to all non-exempt construction contracts and subcontracts which exceed $1O'0O0: During the performanceufthis contract, the Operating Agency agrees asfollows* (1) The Operating Agency shall not discriminate against any employee orapplicant for employment because ofrace, color, creed, religion, GeX.age,handinap.diaabUity sexual orientation, ancestry, national origin, marital status, familial status, or any other basis prohibited byapplicable law, The Operating Agency shall take affirmative action toensure that applicants are employed and that employees are treated during employment without regard totheir race, cQ)or, unaod, religion, sex, 3ge, handicap, d|uabi|ity, sexual or|entatiDn, ancestry, or national Origin. Such action shall indude, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising. layoff ortermination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The Operating Agency agrees topost inconspicuous places, available tnemployees 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 bvmronbehalf Cfthe Operating Agency, state that all qualified applicants will receive consideration for employment without regard to naco, co|or, cre8d, r8|igion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable |8vv. (3) The Operating Agency will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Operating Agency's commitments under this section, and shall post copies of the , notice in conspicuous places available to employees and applicants for employment. /4> The Operating Agency will comply with all provisions of Executive Order 11246, Equal Employment Opportunity, of September 24, 1965, as amended by Executive Orders 11375and 12O80.copies ofwhich are oOfile and available eithe 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 ofSeptember 24. 1965. as amended, and by ru|eS, regu|ations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts byHUD and the Secretary OfLabor for purposes of investigation to ascertain compliance with such rules, regulations, and orders, (8) 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 becancelled, terminated, 0rsuspended inwhole Vrinpart 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 11240ofSeptember 24,19O5.aoamended, 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 nfthe 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 iVany subcontract orpurchase order aaHUD may direct aaameans ofenforcing such provisions, including sanctions for noncompliance; provided, however, that in the event an Operating Agency becomes involved in, or is threatened with, litigation with 8subcontractor orvendor @s8result ofsuch direction byHUD, the Operating Agency may request the United States to enter into such litigation to protect the interests ofthe United States. B. Equal Opportunity in Participation Under the terms OfSection 1O8ofthe Housing and Community Development Act of1974.and /nconformance with County policy and all requirements imposed bvorpursuant hothe 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, Ra|/gjOn, s6m, age, handicap, disability, sexual orientation, ancestry, DaboO8| origin, marital status, familial status, or any other basis prohibited by applicable iavv be excluded from participation in. be denied the benefits of, orbesubjected todiscrimination under, any program Oractivity funded inwhole or in part with Community Development Block Grant Program funds. � Specific (not Discriminatory Actions Prohibited: The Operating Agency may not directly or through contractual orother arrangements, onthe ground ofrace, color, creed, religion, sexua/oh*nt8boO.amcestp/ national origin, marital atetuS, barnUia| status, age, handimap, disability, sex Orany other basis prohibited by applicable a. Deny any facilities, services, financial aid, or other benefits provided under the program or activity. 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. u 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 inany way access to, O[the enjoyment Vfany 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, e|igibUitv, membership, orother requirement orcondition 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 towork en opportunity to participate inoprogram 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 at24CFR Part 125. This Act requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents mfthe project ar8a.8ndoontrBot for work inconnection 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 bid3, the contractor nlust, before signing the contraot, provide a preliminary statement of the work force needs and plans for possible training and employment oflower income persons. When anOperating Agency utilizes the bidding procedure to let bid, the invitation or solicitation for bids sh8|l 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 OperatingAoenuy8o|icdsorFequest8aninYit8donforbidS,everyefhzrtfea$/b/ewiUbe made hocontact minority-owned and women -owned business enterprises fOr8nempon3atoUle solicitation or invitation for bidders. O. Nondiscrimination in Federally -Assisted Programs. The Operating Agency will comply with Title Nofthe Civil Rights Act of 1964 (PL O8-352.42 USC 2U0Odetaeq.) and the Fair Housing Act /42USC 38D1 -2O>. |naccordance with County policy and Title Viof the Civil Rights Act Of1SO4(PL 88-352>,inthe sale, lease orother 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, QO|or. Cneed, rg|iQio0, aeX^ handicap, disability, sexual OrieDbabon, onoE/sbv, national odgiO, mnehto| status. or familial status, in the sale. lease or [ental, 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 pn}gnarno and activities related to housing and community development in a manner toaffirmatively 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 f apprentices and trainees [o'Ourn8yvvorharo. Under the terms ofthe 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 iOthese 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 issubject 10the requirements ofthe Flood Disaster Protection Act Of1S73/PL 83-234). Use ofany assistance provided under this AoreerneD1for aoquisUU0norcons�U�u�n in an area identified as having special flood hazards shall be subject to the mandatory G. Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts Which Exceed Q10O'ODO). The Operating Agency shall comply with and require each subcontractor to comply with all applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, the Clean Air Act of1SSO.the Federal Water Pollution Control Act (33USC 12518tseq.).aa amended, and the regulations of the Environmental Protection Agency with respect thereto, at 4UCFR Part 15.osamended from time tOtime. H. Provision ofthe Hatch Act. Neither the Operating Agency program nor the funds provided therefor, nor the personnel employed |nthe administration ufthe program shall beinany way och}any extent engaged iu the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code. i Lead -Based Paint. Any grants or loans made by the Operating Agency for the rehabilitation. of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under 24 CFR Part 35. Operating Agency will comply with the requirements of24CFR 57O.O0dfor 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 oflead-based paint and explain the symptoms, treatment, and precautions that should be taken when dealing with lead-based paint poisoning. Special Assessments. Operating Agency will not attempt [orecover any capital costs ofpublic improvementsaaaiobad inwhole oFinpart with funds providedunder Section 1D0ofthe Act orwith amounts resulting from aguarantee under Section 10Oofthe Act byassessing any amount against properties owned and occupied bypersons nflow and moderate income, including any fee charged or assessment made aeacondition Ofobtaining access tnsuch public improvements, unless: /1\ funds received under Section 106 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 |of the Act; or(2)for purposes ofassessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies tOthe Secretary ofHUD that itlacks sufficient funds received under Section 1060fthe Act b]comply with the requirements Dfsubparagraph /1\. K. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of Persons and Businesses Operating Agency will comply with the "County ofMarin 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." Operating Agency wiil 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 anOended. Section 104(d) ufthe Act, and the implementing regulations at 48 CFR 24and 24CFR 57O.00G. Unless specifically permitted inAppendix BorAppendix C, Operating Agency will not cause either temporary or permanent involuntary displacement of M persons orbusinesses. If Operating Agency causes the involuntary temporary orpermanent displacement ofany person o[business aaaresult ofCommunity Development Block Grant activities, it shall comply with the County's "Plan to Assist Persons Actually Displaced by Community Development Block Grant Activities," and Operating Agency shall provide all notices, advisory assistance, relocation benefito, and replacement dwelling units as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section 104(d)ofthe Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. Operating Agency hereby agrees b}defend, tOpay, and toindemnify the County from and against, any and all claims and liabilities for relocation benefits or the provision of replacement dwelling Vnda required by federal statutes and regulations in connection with activities undertaken pursuant iothis Agreement. � L LobbyingRestrictionn Operating Agency certifies that, hothe best of its knowledgeand belief: NOFederal appropriated funds have been paid orwill bepaid, bvorOnbehalf ofit, toany 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, orcooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and It will require that the language of this paragraph L be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is G material representation Offact upon which reliance was placed when this transaction was made orentered into. Submission O[this certification i88prerequisite 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 $1O.ODOand not more than $1OO^000for each such failure. M. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law tobeinserted inthis 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 HE 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 Susan L. Adams President Board of Supervisors ATTEST: MZ Clerk ofthe Board MASTER FORM APPROVED AS TO FORM: Robert H. San Chez 9/16/94 (Original signature is on file.) Robert H. San Chez Deputy County Counsel CITY OF SAN RAFAEL Ken'n-igh A. Nordhoff Interim City Manager ti "Operating Agency" it PROJECT AREA The project location is at throughout the City of San Rafael, GOALS, OBJECTIVES, AND TASKS The City OfSan Rafael will use CDBG funds toward public facility improvements and modification for compling with the Americans with Disabilities Act. The OperatingAgency agrees toattend training Onthe requirements ofSection 5O4ofthe Rehabilitation Act of 1973 and the Americans with Disabilities Act. The majority pfclients will meet low income requirements established bvthe U.8.Department of Housing and Urban Development. The Operating Agency agrees to implement this project to qualify under the Community Development Block Grant national objective of low and moderate income benefit. The project will be completed by February 2008. 101101c]� Public Facility improvements and Modification 3103'183 for Compling with the Americans with Disabilities Act Source offunds Community Development Block Grant 12 MARIN COUNTY COMMUNITY DEVELOPMENT AGENCY BRIAN C. CaA«FOoo, ozaocToo �| FEoon?�LGasNza DzVIazom November 15.2O11 Richard Landis CdyofSanRabaa|-Pub|icVVodm 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: $300.008 Purpose: 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 \obill 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. I will be your staff representative and will assist you in complying with the complex federal regulations which must be me' turelease your funds. |fyou have any questions, please call meat(415)48U-GGQ5 | can also bereached s� rtha{e/c�Doo.nnarin.ca.us . P|ease note that I'm generally only in the office or, Monday-VYedneodayfrom '0:00 anto5:3Opm. | look forward toworking with you onyour proJeot! Sincereiy' Sa� '-oa ce- Dcat' rDr- 6ele�/�rci/ -R on: C—C, S�� o--- nia �eIel-chooe 499-5 95 — TDD (4,l5) 4 9 9-6l72 CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. DATE OF MEETING: March 19, 2012 DEPARTMENT STA W Nader Mansourian Public Works March 2012 TITLE OF DOCUMENT: 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 AGENDA ITEM: City manager fsignature) M1611IM2=91mil w 60muffm APPROVED AS TO FORM: City Attorney (signature) File No.: 16.01.259&01.11.101